Employment

Lactation Policy

Title: UConn Lactation Policy
Policy Owner: Human Resources and Office of Institutional Equity
Applies to: Employees, Graduate Assistants, Students
Campus Applicability: All Campuses, Including UConn Health
Effective Date: 12/20/2016
For More Information, Contact Human Resources and Student Health Services/Student Services
Contact Information: Storrs/Regionals: (860) 486-3034 (HR) and (860) 486-0765 (SHS)
UConn Health: (860) 679-2426 (HR and (860) 679-1364 (Student Services Center)
Official Website: http://hr.uconn.edu/worklife/


Reason for Policy

The purpose of this policy is to provide employees and students who are breastfeeding a private place and reasonable break time to express breast milk for their nursing child.  This policy is in accordance with relevant laws and regulations regarding breastfeeding in the workplace.

Applies to

All breastfeeding employees and students on the Storrs, UConn Health and Regional campuses.

Definitions:

Lactation Area: A space on the University of Connecticut campus that is either dedicated or temporarily established to accommodate the needs of those who are breastfeeding. The room must be a clean, private (the ability to be shielded from view and free from intrusion), comfortable space with electrical outlet, chair, table for breast pump, and nearby access to clean running water.

Lactation Breaks: Breaks during the work day for employees who have requested lactation accommodations.

Policy Statement

The University of Connecticut is committed to providing a supportive environment that enables employees and students to express breast milk in a private place, with reasonable break time and in a location within five minutes of their work and study areas.

Consistent with Connecticut Laws (Chapter 939, Section 53-34b and Chapter 814c, Section 46a-64), a person may breastfeed their infant in any public or private location on campus where they and their child are authorized to be. This includes all campus locations open to the public and other campus locations where infants are allowed.

Additionally, Connecticut law (Connecticut General Statutes, Section 31-40w) Breastfeeding in the Workplace states that employers must allow employees to breastfeed or express breast milk at work.

Consistent with federal law, the University of Connecticut shall provide to employee breastfeeding persons reasonable break time (“lactation break”) as well as space that is shielded from view and free from intrusion in order to breastfeed their infants or to express breast milk.

The University of Connecticut prohibits discrimination, harassment, and retaliation against breastfeeding persons who exercise their rights under this policy.  For more information, see University Policy Against Discrimination, Harassment and Related Interpersonal Violence.

Enforcement

Violations of this policy may result in appropriate disciplinary measures in accordance with University Policies and applicable collective bargaining agreements.

Policy History

Adopted 12/20/2016

Procedures

Storrs and Regional Campuses: http://policy.uconn.edu/wp-content/uploads/sites/243/2016/12/UConn-Lactation-Procedures_final-draft-12-20-16.pdf

UConn Health: http://policy.uconn.edu/wp-content/uploads/sites/243/2017/02/UConn-Health-Lactation-Procedures.pdf 

 

Alternate Work Arrangements

Title: Alternative Work Arrangements
Policy Owner: Department of Human Resources
Applies to: All Employees
Campus Applicability: Storrs and Regional Campuses
Effective Date: October 11, 2016
For More Information, Contact Department of Human Resources and the Office of Faculty & Staff Labor Relations
Contact Information: (860) 486-3034
Official Website: http://hr.uconn.edu/alternate-work-arrangements/

POLICY AND PURPOSE:   This policy describes and establishes guidelines for alternate work arrangements for employees at the University of Connecticut, in accordance with relevant state statute, applicable collective bargaining agreements and in keeping with university practices. This policy is designed to achieve the following goals: (1) Increase worker efficiency and productivity; (2) reduce travel time.

In order to support the mutual benefits of flexible work environments, the university has implemented this voluntary Alternative Work Arrangement program for all employees.

References:

  • CGS § 5-248i. Telecommuting and Work-at-home programs
  • Article 16 of the UCPEA Contract – Work Schedules
  • Article 17 of the NP3 Contract – Hours of Work, Work Schedules and Overtime
  • Article 18 of the NP5 Contract – Hours of Work, Work Schedules and Overtime
  • Article 18 of the NP2 Contract – Hours of Work, Work Schedules and Overtime
  • Request for Temporary Flexible Schedule Agreement Form
  • Request for Temporary Telecommuting Agreement Form
  • Exhibit 2-1 Auditors of Public Accounts Work Schedule Election Form

Scope:

This policy applies to all employees at the Storrs and Regional Campuses.

Definitions:

Telecommuting – Voluntary work arrangement in which some or all of the work is performed at an off-campus work site such as the home or in an office space near home.

Flexible Schedule – A flexible schedule allows an employee to vary the span of the workday, while ensuring that the standard workweek hours are completed.

Policy Statement:

The University Alternate Work Arrangement Program offers employees two options for alternate work arrangements.  Each option contains specific requirements for the employee.

Approval for participation is at the discretion of the employee’s supervisor.

Telecommuting[1]:

Generally, work suitable for telecommuting will have defined tasks with clearly measurable results, tasks requiring concentration when the employee works independently and minimal requirements for frequent access to hard copy files or special equipment.

Telecommuting may also be suitable for those occasions when employees must attend off-site university meetings or events during portions of the day that make travel to their normal duty station impractical during the balance of the day.

Employees best suited for telecommuting are self-motivated, self-disciplined, have a proven ability to perform and a desire to make telecommuting work.

In order to participate, an employee’s regular duties must be such that they can be accomplished via telecommuting; employees whose regular duties necessitate their presence at their duty station may not telecommute.

Guidelines for Participation

  • Any equipment or supplies purchased by the University and used at the alternate work location will remain the University’s property and must be returned at the conclusion of the telecommuting period. University owned equipment at the alternate location may not be used for personal purposes.  The University does not assume responsibility for damage or wear of personally owned equipment or supplies used while telecommuting.
  • Participants will take all precautions necessary to secure privileged information and prevent unauthorized access to any University system.
  • Participants may not submit nor receive reimbursement for travel if requested to report to their normal work site.

Employees who wish to request permission to telecommute should submit a formal request through the University’s Telecommuting Agreement Form to their supervisor, which will include a description of the scope of work that will be undertaken and accomplished off-site at least five business days in advance, when possible. This description may be general or include specific tasks.

The supervisor will review the request with the employee and must approve or deny the request in writing within three business days prior to the requested telecommuting period, or sooner if the request is made due to unforeseen circumstances. For employees who are members of a bargaining unit, approval must be from a supervisor that is outside of the bargaining unit.

The employee and supervisor must mutually agree to and sign the Telecommuting Agreement Form available at http://hr.uconn.edu/alternate-work-arrangements/.

Please note: It is understood that unforeseen circumstances may necessitate the request for short-term telecommuting arrangements to be made with limited advance notice.  Temporary changes to existing telecommuting agreements may also be necessary to accommodate unexpected work obligations.  In these circumstances an email approval from a supervisor is sufficient.

[1] Note: This section is not applicable to Classified Employees. Telecommuting arrangements for Classified employees must be made in accordance with the Telecommuting Guidelines established by the State of Connecticut Department of Administrative Services, available at http://das.ct.gov/HR/Regs/Current/GL%2032%20Telecommuting%20Guidelines.pdf.

Flexible Schedule:

Guidelines for Participation

Flexible Schedules may be approved by the appropriate supervisor, with the following understanding:

  1. There must be minimal on-site coverage of most university offices during regular business hours, Monday through Friday.
  2. Managerial and confidential employees are expected to work the equivalent of 40 hours each week.  Work schedules for UCPEA and Classified employees are in accordance with the relevant collective bargaining agreement. Please note: additional hours may be necessary in order to complete job responsibilities.
  3. The supervisor should consider cross training/back-up assignments to ensure adequate service during normal office hours.

A Flexible Schedule can be established by mutual agreement between an employee and their supervisor. For employees who are members of a bargaining unit, approval must be from a supervisor that is outside of the bargaining unit.  In order to approve a request for a flexible schedule, supervisors must determine that an employee operating under a flexible schedule will not have a negative impact on the employee’s work or the work of the given office, unit or department.

Supervisors will determine whether or not a flexible schedule request is reasonable and justified. In general, a flexible schedule is intended to allow employees to deviate from their standard work schedule within reason, i.e. arriving earlier and leaving earlier or arriving later and leaving later, or accommodating a single especially long work day (to attend an evening work-related event, for example) by arriving later the following day, etc. It is not intended to allow employees to work unorthodox or impractical schedules, i.e. working weekends instead of two weekdays or working a full work week within a four day period each week, etc.

Employee requests for a flexible schedule may apply to a single day during the week, each day during the week, or certain days or weeks depending on the time of year. Supervisors should document each employee’s flexible schedule in writing using the appropriate University form available at http://hr.uconn.edu/alternate-work-arrangements/.  Flexible schedules may be adjusted or revoked by management at any time.  Where possible, employees will be given a minimum of two weeks’ notice regarding any changes to their approved flexible schedule.

Procedure:    

  1. Employee submits request to supervisor;
  2. Supervisor provides written approval or denial;
  3. Supervisor and employee mutually sign the applicable form;
  4. Forward a copy of the signed agreement to the Office of Faculty and Staff Labor Relations.

This policy is not intended to add to or subtract from provisions of any applicable collective bargaining agreements.

 

 

Adopted Effective Date 3/3/2016 [Approved by the Office of the President]

Revised Effective Date 10/11/2016 [Approved by the Office of the President]

Policy Against Discrimination, Harassment, and Related Interpersonal Violence

Including Sexual and Gender-Based Harassment, Sexual Assault, Sexual Exploitation, Intimate Partner Violence, Stalking, Complicity, Retaliation and Inappropriate Amorous Relationships

 

Title: Policy Against Discrimination, Harassment, and Related Interpersonal Violence
Policy Owner: The Office of Institutional Equity
Applies to: Students, All Employees, Contractors, Vendors, Visitors, Guests and Other Third Parties
Campus Applicability: All
Effective Date: January 1, 2016
For More Information, Contact Office of Institutional Equity
Contact Information: (860) 486-2943 & (860) 679-3563
Official Website: http://www.equity.uconn.edu and http://titleix.uconn.edu/
A PDF, Printer Friendly copy of this policy is available at: http://policy.uconn.edu/wp-content/uploads/sites/243/2016/07/2016-07-1-DiscHarassment.pdf
Related Documents:

CONTENTS

I.     STATEMENT OF POLICY

II.   TO WHOM THIS POLICY APPLIES

III. APPLICABLE PROCEDURES UNDER THIS POLICY

  1. WHERE THE RESPONDENT IS A STUDENT
  2. WHERE THE RESPONDENT IS AN EMPLOYEE
  3. WHERE THE RESPONDENT IS BOTH A STUDENT AND AN EMPLOYEE
  4. WHERE THE RESPONDENT IS A THIRD PARTY
  5. WHERE THE RESPONDENT IS A UCH STUDENT, EMPLOYEE OR THIRD PARTY

IV. TITLE IX COORDINATOR

V. UNDERSTANDING THE DIFFERENCE BETWEEN PRIVACY AND CONFIDENTIALITY

VI.EMPLOYEE REPORTING RESPONSIBILITIES

  1. TITLE IX REPORTING OBLIGATIONS
  2. CLERY REPORTING OBLIGATIONS
  3. CHILD ABUSE REPORTING OBLIGATIONS

VII.    COMPLAINANT OPTIONS FOR REPORTING PROHIBITED CONDUCT

  1. REPORTING TO LAW ENFORCEMENT
  2. REPORTING TO THE UNIVERSITY

VIII.   ACCESSING CAMPUS AND COMMUNITY RESOURCES

  1. REMEDIAL AND PROTECTIVE MEASURES
  2. INTERIM ACTIONS

IX. PROHIBITED CONDUCT UNDER THIS POLICY

  1. DISCRIMINATION
  2. DISCRIMINATORY HARASSMENT
  3. SEXUAL OR GENDER-BASED HARASSMENT
  4. SEXUAL ASSAULT
  5. SEXUAL EXPLOITATION
  6. INTIMATE PARTNER VIOLENCE
  7. STALKING
  8. RETALIATION
  9. COMPLICITY

X. INAPPROPRIATE AMOROUS RELATIONSHIPS

  1. INSTRUCTIONAL/STUDENT CONTEXT
  2. EMPLOYMENT CONTEXT

XI. PREVENTION, AWARENESS AND TRAINING PROGRAMS

XII.    OBLIGATION TO PROVIDE TRUTHFUL INFORMATION

XIII.   RELATED POLICIES

  1. STUDENTS
  2. EMPLOYEES

XIV.   POLICY REVIEW

I. STATEMENT OF POLICY

The University of Connecticut (the “University”) is committed to maintaining a safe and non-discriminatory learning, living and working environment for all members of the University community – students, employees, and visitors.  Academic and professional excellence can exist only when each member of our community is assured an atmosphere of safety and mutual respect.  All members of the University community are responsible for the maintenance of an environment in which people are free to learn and work without fear of discrimination, discriminatory harassment or interpersonal violence.  Discrimination diminishes individual dignity and impedes equal employment and educational opportunities.

The University does not unlawfully discriminate in any of its education or employment programs and activities on the basis of an individual’s race, color, ethnicity, religious creed, age, sex, marital status, national origin, ancestry, sexual orientation, genetic information, physical or mental disability (including learning disabilities, intellectual disabilities, and past or present history of mental illness), veteran’s status, prior conviction of a crime, workplace hazards to the reproductive system, gender identity or expression, or membership in any other protected classes as set forth in state or federal law.  To that end, this Policy Against Discrimination, Harassment and Related Interpersonal Violence, Including Sexual and Gender-Based Harassment, Sexual Assault, Sexual Exploitation, Intimate Partner Violence, Stalking, Complicity, Retaliation and Inappropriate Amorous Relationships (the “Policy”) prohibits specific forms of behavior that violate state and federal laws, including but not limited to Title VII of the Civil Rights Act of 1964 (“Title VII”), Title IX of the Education Amendments of 1972 (“Title IX”), the Violence Against Women Reauthorization Act of 2013 (“VAWA”), and related state and federal anti-discrimination laws. Such behavior may also require the University to fulfill certain reporting obligations under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”), as amended by VAWA, and Connecticut state law regarding reporting suspected child abuse and neglect.

The University prohibits discrimination, as well as discriminatory harassment, sexual assault, sexual exploitation, intimate partner violence, stalking, sexual or gender-based harassment, complicity in the commission of any act prohibited by this Policy, retaliation against a person for the good faith reporting of any of these forms of conduct or participation in any investigation or proceeding under this Policy (collectively, “Prohibited Conduct”[1]).  These forms of Prohibited Conduct are unlawful and undermine the mission and values of our academic community. In addition, inappropriate amorous relationships with employees in positions of authority can undermine the University’s mission when those in positions of authority abuse or appear to abuse their authority.

The University adopts this Policy with a commitment to: (1) eliminating, preventing, and addressing the effects of Prohibited Conduct; (2) fostering a safe and respectful University community; (3) cultivating a climate where all individuals are well-informed and supported in reporting Prohibited Conduct; (4) providing a fair and impartial process for all parties in the investigation and resolution of such reports; and (5) identifying the standards by which violations of this Policy will be evaluated and disciplinary action may be imposed. In addition, the University conducts ongoing prevention, awareness, and training programs for employees and students to facilitate the goals of this Policy.

A student or employee determined by the University to have committed an act of Prohibited Conduct is subject to disciplinary action, up to and including separation from the University. Third Parties who commit acts of Prohibited Conduct may have their relationships with the University terminated and/or their privileges of being on University premises withdrawn.

It is the responsibility of every member of the University community to foster an environment free of Prohibited Conduct. All members of the University community are encouraged to take reasonable and prudent actions to prevent or stop an act of Prohibited Conduct. The University will support and assist community members who take such actions.

Retaliation against any individual who, in good faith, reports or participates in the reporting, investigation, or adjudication of Prohibited Conduct is strictly forbidden.

This Policy applies to all reports of Prohibited Conduct occurring on or after the effective date of this Policy. Where the date of the Prohibited Conduct precedes the effective date of this Policy, the definitions of misconduct in effect at the time of the alleged incident(s) will be used. The procedures under this Policy, however, will be used to investigate and resolve all reports made on or after the effective date of this Policy, regardless of when the incident(s) occurred.

II.   TO WHOM THIS POLICY APPLIES

This Policy applies to: students as defined in UConn’s Responsibilities of Community Life: The Student Code (“Students”); University employees, consisting of all full-time and part-time faculty, University Staff (including special payroll employees), UConn Health employees, professional research staff, and post-doctoral fellows (“Employees”); and contractors, vendors, visitors, guests or other third parties (“Third Parties”). This Policy pertains to acts of Prohibited Conduct committed by or against Students, Employees and Third Parties when:

  1. the conduct occurs on campus or other property owned or controlled by the University;
  1. the conduct occurs in the context of a University employment or education program or activity, including, but not limited to, University-sponsored study abroad, research, on-line, or internship programs; or
  1. the conduct occurs outside the context of a University employment or education program or activity, but has continuing adverse effects on or creates a hostile environment for Students, Employees or Third Parties while on campus or other property owned or controlled by the University or in any University employment or education program or activity.

III.  APPLICABLE PROCEDURES UNDER THIS POLICY

The specific procedures for reporting, investigating, and resolving Prohibited Conduct are based upon the nature of the respondent’s relationship to the University (Student, Employee, or Third Party). Each set of procedures referenced below is guided by the same principles of fairness and respect for complainants and respondents. “Complainant” means the individual who presents as the victim of any Prohibited Conduct under this Policy, regardless of whether that person makes a report or seeks action under this Policy.[2] “Respondent” means the individual who has been accused of violating this Policy.

The procedures referenced below provide for prompt and equitable response to reports of Prohibited Conduct. The procedures designate specific timeframes for major stages of the process, provide for thorough and impartial investigations that afford the Complainant and Respondent notice and an opportunity to present witnesses and evidence, and assure equal and timely access to the information that will be used in determining whether a Policy violation has occurred. The University applies the Preponderance of the Evidence standard when determining whether this Policy has been violated. “Preponderance of the Evidence” means that it is more likely than not that a Policy violation occurred.

A. WHERE THE RESPONDENT IS A STUDENT

The procedures for responding to reports of Prohibited Conduct committed by Students are detailed in Responsibilities of Community Life: The Student Code (“Student Code”) (http://community.uconn.edu/the-student-code-preamble/).

B.  WHERE THE RESPONDENT IS AN EMPLOYEE

The procedures for responding to reports of Prohibited Conduct committed by Employees are detailed in OIE’s Complaint Processes (http://www.equity.uconn.edu/discrimination/complaint-procedures/).

C.  WHERE THE RESPONDENT IS BOTH A STUDENT AND AN EMPLOYEE

  • The Student-Respondent procedures will apply if the Respondent’s primary status is as a Student;
  • The Employee-Respondent procedures will apply if the Respondent’s primary status is as an Employee.
  • If there is a question as to the predominant role of the Respondent, the University will determine which of the procedures applies based on the facts and circumstances (such as which role predominates in the context of the Prohibited Conduct). The Student-Respondent procedures typically will apply to graduate students except in those cases where the graduate student’s assistantship role predominated in the context of the Prohibited Conduct. Further, where a Respondent is both a Student and an Employee (including but not limited to graduate students), the Respondent may be subject to any of the sanctions applicable to Students or Employees.

D. WHERE THE RESPONDENT IS A THIRD PARTY
The University’s ability to take appropriate corrective action against a Third Party will be determined by the nature of the relationship of the Third Party to the University. The University will determine the appropriate manner of resolution consistent with the University’s commitment to a prompt and equitable process under federal law, federal guidance, and this Policy.

E. WHERE THE RESPONDENT IS A UCONN HEALTH STUDENT, EMPLOYEE OR THIRD PARTY Parties should contact the UConn Health Office of Institutional Equity by calling (860) 679-3563 or email: equity@uconn.edu.

IV.  TITLE IX COORDINATOR

Under Title IX:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.

The Title IX Coordinator is charged with monitoring the University’s compliance with Title IX, ensuring appropriate education and training, coordinating the University’s investigation, response, and resolution of all reports under this Policy and ensuring appropriate actions to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects. The Office of Institutional Equity oversees reports involving Students, Employees and Third Parties.  The University has also designated Deputy Title IX Coordinators who may assist the Title IX Coordinator in the discharge of these responsibilities. The Title IX Coordinator and Deputy Title IX Coordinators receive ongoing appropriate training to discharge their responsibilities.

Concerns about the University’s application of Title IX may be addressed to the Title IX Coordinator.  Additionally, concerns about the University’s application of Title VII and/or other federal and state anti-discrimination laws may be addressed to the Office of Institutional Equity.

The Title IX Coordinator and Deputy Title IX Coordinators can be contacted by telephone, email, or in person during regular office hours:

Elizabeth A. Conklin
Associate Vice President, Office of Institutional Equity
Title IX Coordinator
Wood Hall, First Floor
elizabeth.conklin@uconn.edu
(860) 486-2943

Sarah Chipman
Director of Investigations, Office of Institutional Equity
Deputy Title IX Coordinator
Wood Hall, First Floor
sarah.chipman@uconn.edu
(860) 486-2943

External reporting options include the United States Department of Education, Clery Act Compliance Team (at clery@ed.gov); the United States Department of Education, Office for Civil Rights (at OCR@ed.gov or (800) 421-3481); the Equal Employment Opportunity Commission (at info@eeoc.gov or (800) 669-4000); and/or the Connecticut Commission on Human Rights and Opportunities ((800)-477-5737).

V. UNDERSTANDING THE DIFFERENCE BETWEEN PRIVACY AND CONFIDENTIALITY

The University is committed to protecting the privacy of all individuals involved in the investigation and resolution of a report under this Policy. The University also is committed to providing assistance to help Students, Employees and Third Parties make informed choices. With respect to any report under this Policy, the University will take reasonable efforts to protect the privacy of participants, in accordance with applicable state and federal law, while balancing the need to gather information to assess the report and to take steps to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects.

Privacy and confidentiality have distinct meanings under this Policy.

Privacy: Privacy means that information related to a report of Prohibited Conduct will be shared with a limited circle of University Employees who “need to know” in order to assist in support of the Complainant and in the assessment, investigation, and resolution of the report. All Employees who are involved in the University’s response to reports of Prohibited Conduct receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law.

The privacy of Student education records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”), as outlined in the University’s FERPA policy.(http://policy.uconn.edu/2011/05/24/ferpa-policy/) The privacy of an individual’s medical and related records generally is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) and/or state laws governing protection of medical records. Access to an Employee’s personnel records may be restricted in accordance with Connecticut law and applicable collective bargaining agreements.

Confidentiality: Confidentiality exists in the context of laws that protect certain relationships, including with medical and clinical care providers (and those who provide administrative services related to the provision of medical and clinical care), mental health providers, counselors, and ordained clergy, all of whom may engage in confidential communications under Connecticut law. The University has designated individuals who have the ability to have privileged communications as “Confidential Employees.” When information is shared by an individual with a Confidential Employee or a community professional with the same legal protections, the Confidential Employee (and/or such community professional) cannot reveal the information to any third party except where required or permitted by law. For example, information may be disclosed when: (i) the individual gives written consent for its disclosure; (ii) there is a concern that the individual will likely cause serious physical harm to self or others; or (iii) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18.

VI. EMPLOYEE REPORTING RESPONSIBILITIES

A.      TITLE IX REPORTING OBLIGATIONS

Most University employees are required to immediately report information about certain types of Prohibited Conduct involving any Student to the University’s Office of Institutional Equity.[3]  An Employee’s responsibility to report under this Policy is governed by his/her role at the University.  The University designates every Employee as either a Confidential Employee or a Responsible Employee.

Confidential Employee: Any Employee who is entitled under state law to have privileged communications.  Confidential Employees will not disclose information about Prohibited Conduct to the University without the permission of the Student or Employee (subject to the exceptions set forth in the Confidentiality section of this Policy). Confidential Employees at the University of Connecticut include:

      •  Student Health Services

      •  Counseling and Mental Health Services

      •  Employee Assistance Program

Responsible Employee: Any Employee who is not a Confidential Employee, and certain categories of student employees. Responsible Employees are required to immediately report to the University’s Office of Institutional Equity all relevant details (obtained directly or indirectly) about an incident of Sexual Assault, Intimate Partner Violence and/or Stalking (as defined in Section IX, below) that involves any Student as a Complainant, Respondent, and/or witness, including dates, times, locations, and names of parties and witnesses. [4] Reporting is required when the Responsible Employee knows (by reason of a direct or indirect disclosure) or should have known of such Sexual Assault, Intimate Partner Violence, and/or Stalking.  Responsible Employees include (but are not necessarily limited to) Faculty and Staff, Resident Assistants, Graduate Teaching Assistants, Graduate Research Assistants, and any student-employees serving as Campus Security Authorities (CSAs) when disclosures are made to any of them in their capacities as Employees.  This manner of reporting may help inform the University of the general extent and nature of Prohibited Conduct on and off campus so the University can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses.

Responsible Employees are not required to report information disclosed (1) at public awareness events (e.g., “Take Back the Night,” candlelight vigils, protests, “survivor speak-outs” or other public forums in which Students may disclose incidents of Prohibited Conduct; collectively, “Public Awareness Events”); (2) during a Student’s participation as a subject in an Institutional Review Board-approved human subjects research protocol (“IRB Research”); or (3) as part of coursework submitted to an instructor  in connection with a course assignment.  Even in the absence of such obligation, all Employees are encouraged to contact the Title IX Coordinator if they become aware of information that suggests a safety risk to the University community or any member thereof. The University may provide information about Students’ Title IX and/or other civil rights and about available University and community resources and support at Public Awareness Events, however, and Institutional Review Boards may, in appropriate cases, require researchers to provide such information to all Student subjects of IRB Research.

Dean, Director, Department Head and Supervisor Responsibility to Report Prohibited Conduct Where Either the Complainant or the Respondent is an Employee.  Under this Policy, Deans, Directors, Department Heads and Supervisors are required to report to the Office of Institutional Equity all relevant details about an incident of Prohibited Conduct[5] where either the Complainant or the Respondent is an Employee.  Reporting is required when such Deans, Directors, Department Heads and Supervisors know (by reason of direct or indirect disclosure) or should have known of such Prohibited Conduct.

All University Employees are strongly encouraged to report to the law enforcement any conduct that could potentially present a danger to the community or may be a crime under Connecticut law.

B.CLERY REPORTING OBLIGATIONS

Under the Clery Act, certain University employees are designated as Campus Security Authorities.  CSAs generally include individuals with significant responsibility for campus security or student and campus activities.  Based on information reported to CSAs, the University includes statistics about certain criminal offenses in its annual security report and provides those statistics to the United States Department of Education in a manner that does not include any personally identifying information about individuals involved in an incident. The Clery Act also requires the University to issue timely warnings to the University community about certain reported crimes that may pose a serious or continuing threat to Students and Employees. Consistent with the Clery Act, the University withholds the names and other personally identifying information of Complainants when issuing timely warnings to the University community.

C.      CHILD ABUSE REPORTING OBLIGATIONS

All University Employees except student employees are mandated reporters of child abuse or neglect as defined by Connecticut General Statutes Section 17a-101(b) and must comply with Connecticut’s mandated reporting laws.  See Connecticut General Statutes Sections 17a-101a to 17a-101d. All University Employees should refer to UConn’s Protection of Minors and Reporting of Child Abuse and Neglect Policy http://policy.uconn.edu/?p=6754) for detailed definitions and reporting information.

VII.   COMPLAINANT OPTIONS FOR REPORTING PROHIBITED CONDUCT 

There are two channels for reporting Prohibited Conduct. A Complainant may choose to report to the University and/or to law enforcement. These two reporting options are not mutually exclusive.  Therefore, Complainants may choose to pursue both the University process and the criminal process concurrently. The University will support Complainants in understanding, assessing and pursuing these options.

The first priority for any individual should be personal safety and well-being.  In addition to seeking immediate medical care, the University encourages all individuals to seek immediate assistance from 911, UConn Police, and/or local law enforcement.  This is the best option to ensure preservation of evidence.  The University also strongly urges that law enforcement be notified immediately in situations that may present imminent or ongoing danger.

A. REPORTING TO LAW ENFORCEMENT

Conduct that violates this Policy may also constitute a crime under the laws of the jurisdiction in which the incident occurred. For example, the State of Connecticut criminalizes and punishes some forms of Sexual Assault, Intimate Partner Violence, Sexual Exploitation, Stalking, and Physical Assault.  See Title 53a of the Connecticut General Statutes for the State of Connecticut’s Penal Code (https://www.cga.ct.gov/current/pub/chap_950.htm).  Whether or not any specific incident of Prohibited Conduct may constitute a crime is a decision made solely by law enforcement.  Similarly, the decision to arrest any individual for engaging in any incident of Prohibited Conduct is determined solely by law enforcement and not the University. Such decisions are based on a number of factors, including availability of admissible evidence.

Complainants have the right to notify or decline to notify law enforcement. In keeping with its commitment to take all appropriate steps to eliminate, prevent, and remedy all Prohibited Conduct, the University urges Complainants (or others who become aware of potential criminal conduct) to report Prohibited Conduct immediately to local law enforcement by contacting:

i. 911 (for emergencies)

ii. University Police (for non-emergencies)

1. Storrs (860) 486-4800

2. Avery Point (860) 405-9088

3. Greater Hartford (860) 570-5173

4. Law School (860) 570-5173

5. Stamford (203) 223-4270

6. Torrington (860) 236-9950

7. Waterbury (203) 236-9950

8. UConn Health (860) 679-2121

iii. State Policy (for conduct occurring off campus in Connecticut) (800) 308-7633

Police have unique legal authority, including the power to seek and execute search warrants, collect forensic evidence, make arrests, and assist in seeking protective and restraining orders. Although a police report may be made at any time, Complainants should be aware that delayed reporting may diminish law enforcement’s ability to take certain actions, including collecting forensic evidence and making arrests. The University will assist Complainants in notifying law enforcement if they choose to do so.  Under limited circumstances posing a threat to health or safety of any University community member, the University may independently notify law enforcement.

B. REPORTING TO THE UNIVERSITY

Complainants (or others who become aware of an incident of Prohibited Conduct) are encouraged to report the incident to the University through the following reporting options:

By contacting the Office of Institutional Equity by telephone, email, or in person during regular office hours (8am-5pm, M-F):

Office of Institutional Equity (Storrs and Regionals)
Wood Hall, First Floor
241 Glenbrook Road
Storrs, Connecticut
(860) 486-2943
equity@uconn.edu
www.titleix.uconn.edu
www.equity.uconn.edu

Office of Institutional Equity (UConn Health)
16 Munson Road, 4th Floor
Farmington, Connecticut
(860) 679-3563
equity@uconn.edu
http://equity.uconn.edu

There is no time limit for a Complainant to report Prohibited Conduct to the University under this Policy;[6]  however, the University’s ability to respond may diminish over time, as evidence may erode, memories may fade, and Respondents may no longer be affiliated with the University. If the Respondent is no longer a Student or an Employee, the University will provide reasonably appropriate remedial measures, assist the Complainant in identifying external reporting options, and take reasonable steps to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects.

The University will not pursue disciplinary action against Complainants or witnesses for disclosure of illegal personal consumption of drugs or alcohol where such disclosures are made in connection with a good faith report or investigation of Prohibited Conduct.

VIII.       ACCESSING CAMPUS AND COMMUNITY RESOURCES

The University offers a wide range of resources for all Students and Employees to provide support and guidance in response to any incident of Prohibited Conduct.  Comprehensive information on accessing University and community resources is contained online at the following sites:

  • Sexual assault, sexual exploitation, intimate partner violence, sexual or gender-based harassment, and stalking: titleix.uconn.edu
  • Discrimination and discriminatory harassment where the Respondent is an Employee or Third Party: equity.uconn.edu
  • Related Student Code violations where the Respondent is a Student: community.uconn.edu

Available resources include: emergency and ongoing assistance; health, mental health, and victim-advocacy services; options for reporting Prohibited Conduct to the University and/or law enforcement; and available support with academics, housing, and employment.

A. REMEDIAL AND PROTECTIVE MEASURES

The University offers a wide range of resources for Students and Employees, whether as Complainants or Respondents, to provide support and guidance throughout the initiation, investigation, and resolution of a report of Prohibited Conduct. The University will offer reasonable and appropriate measures to protect a Complainant and facilitate the Complainant’s continued access to University employment or education programs and activities. These measures may be both remedial (designed to address a Complainant’s safety and well-being and continued access to educational opportunities) or protective (designed to reduce the risk of harm to an individual or community). Remedial and protective measures, which may be temporary or permanent, may include no-contact directives, residence modifications, academic modifications and support, work schedule modifications, suspension from employment, and pre-disciplinary leave (with or without pay). Remedial measures are available regardless of whether a Complainant pursues a complaint or investigation under this Policy.

The University will maintain the privacy of any remedial and protective measures provided under this Policy to the extent practicable and will promptly address any violation of the protective measures. The University has the discretion to impose and/or modify any interim measure based on all available information, and is available to meet with a Complainant or Respondent to address any concerns about the provision of interim measures.

The University will provide reasonable remedial and protective measures to Third Parties as appropriate and available, taking into account the role of the Third Party and the nature of any contractual relationship with the University.

B. INTERIM ACTIONS

In addition to remedial and protective measures, an interim action may be imposed on a Student or student organization in accordance with The Student Code prior to the resolution of an investigation. Such action may be taken when, in the professional judgment of a University official, a threat of imminent harm to persons or property exists. Interim administrative action is not a sanction. It is taken in an effort to protect the safety and well-being of the Complainant and/or Respondent, of others, of the University, or of property. Interim administrative action is preliminary in nature; it is in effect only until there is a resolution of the student conduct matter.

University officials designated to impose an interim action through The Student Code include, but are not limited to, staff in Community Standards, Residential Life, and the Office of Institutional Equity.

IX.   PROHIBITED CONDUCT UNDER THIS POLICY[7]

Conduct under this Policy is prohibited regardless of the sex, sexual orientation and/or gender identity/expression of the Complainant or Respondent. Prohibited Conduct includes the following specifically defined forms of behavior: Discrimination, Discriminatory Harassment, Sexual or Gender-Based Harassment, Sexual Assault, Sexual Exploitation, Intimate Partner Violence, Stalking, Complicity, and Retaliation.

A. DISCRIMINATION 

Discrimination is any unlawful distinction, preference, or detriment to an individual that is based upon an individual’s race, color, ethnicity, religious creed, age, sex, marital status, national origin, ancestry, sexual orientation, genetic information, physical or mental disabilities (including learning disabilities, intellectual disabilities, past/present history of a mental disorder), veteran status, prior conviction of a crime, workplace hazards to reproductive systems, gender identity or expression, or membership in other protected classes set forth in state or federal law and that: (1) excludes an individual from participation; (2) denies the individual the benefits of; (3) treats the individual differently; or (4) otherwise adversely affects a term or condition of an individual’s employment, education, living environment or participation in a University program or activity.

Discrimination includes failing to provide reasonable accommodation, consistent with state and federal law, to persons with disabilities.  The University of Connecticut is committed to achieving equal educational and employment opportunity and full participation for persons with disabilities.  See Policy Statement: People with Disabilities (http://policy.uconn.edu/2011/05/24/people-with-disabilities-policy-statement/).

B. DISCRIMINATORY HARASSMENT

Discriminatory Harassment consists of verbal, physical, electronic or other conduct based upon an individual’s race, color, ethnicity, religious creed, age, sex, marital status, national origin, ancestry, sexual orientation, genetic information, physical or mental disabilities (including learning disabilities, intellectual disability, past/present history of a mental disorder), veteran status, prior conviction of a crime, workplace hazards to reproductive systems, gender identity or expression, or membership in other protected classes set forth in state or federal law that interferes with that individual’s educational or employment opportunities, participation in a University program or activity, or receipt of legitimately-requested services under either Hostile Environment Harassment or Quid Pro Quo Harassment, as defined below.

Hostile Environment Harassment: Discriminatory Harassment that is so severe, persistent or pervasive that it unreasonably interferes with, limits, deprives, or alters the conditions of education (e.g., admission, academic standing, grades, assignment); employment (e.g., hiring, advancement, assignment); or participation in a University program or activity (e.g., campus housing), when viewed from both a subjective and objective perspective.

In evaluating whether a hostile environment exists, the University will consider the totality of known circumstances, including, but not limited to:

  • The frequency, nature and severity of the conduct;
  • Whether the conduct was physically threatening;
  • The effect of the conduct on the Complainant’s mental or emotional state;
  • Whether the conduct was directed at more than one person;
  • Whether the  conduct  arose  in  the  context  of  other  discriminatory conduct;
  • Whether the conduct unreasonably interfered with the Complainant’s educational or work performance and/or University programs or activities; and
  • Whether the conduct implicates concerns related to academic freedom or protected speech.

A hostile environment can be created by persistent or pervasive conduct or by a single or isolated incident, if sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the conduct is physical.  An isolated incident, unless sufficiently serious, does not amount to Hostile Environment Harassment.

Quid Pro Quo Harassment: Discriminatory Harassment where submission to or rejection of unwelcome conduct is used, explicitly or implicitly, as the basis for decisions affecting an individual’s education (e.g., admission, academic standing, grades, assignment); employment (e.g., hiring, advancement, assignment); or participation in a University program or activity (e.g., campus housing).

Discriminatory Harassment may take many forms, including verbal acts, name-calling, graphic or written statements (including the use of cell phones or the Internet), or other conduct that may be humiliating or physically threatening.

C. SEXUAL OR GENDER-BASED HARASSMENT

Sexual Harassment is any unwelcome sexual advance, request for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, non-verbal, graphic, physical, or otherwise, when the conditions for Hostile Environment Harassment or Quid Pro Quo Harassment are present, as defined above.

Sexual Harassment also may include inappropriate touching, acts of sexual violence, suggestive comments and public display of pornographic or suggestive calendars, posters, or signs where such images are not connected to any academic purpose.  A single incident of Sexual Assault (as defined below) may be sufficiently severe to constitute a hostile environment.

Gender-Based Harassment includes harassment based on gender, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature, when the conditions for Hostile Environment Harassment or Quid Pro Quo Harassment are present, as defined above.

D. SEXUAL ASSAULT

Sexual Assault consists of (1) Sexual Contact and/or (2) Sexual Intercourse that occurs without (3) Consent.

  1. Sexual Contact (or attempts to commit) is any intentional touching of the breasts, buttocks, groin or genitals, whether clothed or unclothed, with any object(s) or body part, or, any intentional bodily contact in a sexual manner, even where the touching does not involve contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
  1. Sexual Intercourse (or attempts to commit) is any penetration, however slight, of a bodily orifice with any object(s) or body part. Sexual Intercourse includes vaginal or anal penetration by a penis, object, tongue or finger, or any contact between the mouth of one person and the genitalia of another person.
  1. Consent is an understandable exchange of affirmative words or actions, which indicate a willingness to participate in mutually agreed upon sexual activity. Consent must be informed, freely and actively given. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual involvement. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. The lack of a negative response is not consent. An individual who is incapacitated by alcohol and/or other drugs both voluntarily or involuntarily consumed may not give consent. Past consent of sexual activity does not imply ongoing future consent.

Consent cannot be given if any of the following are present: Force, Coercion or Incapacitation.

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and/or coercion that overcome resistance.

Coercion is unreasonable pressure for sexual activity. Coercion is more than an effort to persuade, entice, or attract another person to have sex.  Conduct does not constitute coercion unless it wrongfully impairs an individual’s freedom of will to choose whether to participate in the sexual activity.

Incapacitation is a state where an individual cannot make rational, reasonable decisions because of mental or physical helplessness, sleep, unconsciousness, or lack of awareness that sexual activity is taking place.  A person may be incapacitated due to the consumption of alcohol or other drugs, or due to a temporary or permanent physical or mental health condition.  A person who is incapacitated lacks the capacity to give Consent because they cannot understand the “who, what, when, where, why, or how” of their sexual interaction.

The University offers the following guidance on Consent and assessing Incapacitation:

A person who wants to engage in a specific sexual activity is responsible for obtaining Consent for that activity. The lack of a negative response or protest does not constitute Consent. Lack of resistance does not constitute Consent. Silence and/or passivity also do not constitute Consent. Relying solely on non-verbal communication before or during sexual activity can lead to misunderstanding and may result in a violation of this Policy.  It is important not to make assumptions about whether a potential partner is consenting. In order to avoid confusion or ambiguity, participants are encouraged to talk with one another before engaging in sexual activity. If confusion or ambiguity arises during sexual activity, participants are encouraged to stop and clarify a mutual willingness to continue that activity.

Consent to one form of sexual activity does not, by itself, constitute Consent to another form of sexual activity. For example, one should not presume that Consent to oral-genital contact constitutes Consent to vaginal or anal penetration. Consent to sexual activity on a prior occasion does not, by itself, constitute Consent to future sexual activity. In cases of prior relationships, the manner and nature of prior communications between the parties and the context of the relationship may have a bearing on the presence of Consent.

Once Consent has been given, it may be withdrawn at any time. An individual who seeks to withdraw Consent must communicate, through clear words or actions, a decision to cease the sexual activity. Once Consent is withdrawn, the sexual activity must cease immediately.

In evaluating Consent in cases of alleged incapacitation, the University asks two questions: (1) Did the person initiating sexual activity know that the other party was incapacitated? and if not, (2) Should a sober, reasonable person in the same situation have known that the other party was incapacitated? If the answer to either of these questions is “YES,” Consent was absent and the conduct is likely a violation of this Policy.

Incapacitation is a state beyond drunkenness or intoxication. A person is not necessarily incapacitated merely as a result of drinking or using drugs.  A person could be incapacitated due to other reasons which may include: sleep, prescribed or over the counter medication, mental or physical disability.  Alcohol-related incapacity results from a level of alcohol ingestion that is more severe than impairment, being under the influence, drunkenness or intoxication.   The impact of alcohol and other drugs varies from person to person.

One is not expected to be a medical expert in assessing incapacitation. One must look for the common and obvious warning signs that show that a person may be incapacitated or approaching incapacitation. Although every individual may manifest signs of incapacitation differently, evidence of incapacity may be detected from context clues, such as:

  • Slurred or incomprehensible speech;
  • Bloodshot eyes;
  • The smell of alcohol on their breath;
  • Shaky equilibrium or unsteady gait;
  • Vomiting;
  • Incontinence;
  • Combativeness or emotional volatility;
  • Unusual behavior; and/or
  • Unconsciousness

Context clues are important in helping to determine incapacitation. These signs alone do not necessarily indicate incapacitation.  A person who is incapacitated may not be able to understand some or all of the following questions: “Do you know where you are?” “Do you know how you got here?” “Do you know what is happening?” “Do you know who is here with you?

One should be cautious before engaging in Sexual Contact or Sexual Intercourse when either party has been drinking alcohol or using other drugs. The introduction of alcohol or other drugs may create ambiguity for either party as to whether Consent has been sought or given. If one has doubt about either party’s level of intoxication, the safe thing to do is to forego all sexual activity.

Being impaired by alcohol or other drugs is no defense to any violation of this Policy.

E. SEXUAL EXPLOITATION

Sexual Exploitation is purposely or knowingly doing or attempting to do any of the following:

  • Recording or photographing private sexual activity and/or a person’s intimate parts (including genitalia, groin, breasts or buttocks) without consent;
  • Disseminating or  posting  images  of  private  sexual  activity and/or  a  person’s intimate parts (including genitalia, groin, breasts or buttocks) without consent;
  • Allowing third parties to observe private sexual activity from a hidden location (g., closet) or through electronic means (e.g., Skype or livestreaming of images);
  • Prostituting another person; or
  • Exposing another person to a sexually transmitted infection or virus without the other’s knowledge.

F. INTIMATE PARTNER VIOLENCE

Intimate Partner Violence includes any act of violence or threatened act of violence that occurs between individuals who are involved or have been involved in a sexual, dating, spousal, domestic, or other intimate relationship.[8] Intimate Partner Violence may include any form of Prohibited Conduct under this Policy, including Sexual Assault, Stalking, and Physical Assault (as defined herein). Intimate Partner Violence may involve a pattern of behavior used to establish power and control over another person through fear and intimidation, or may involve one-time conduct.  A pattern of behavior is typically determined based on the repeated use of words and/or actions and inactions in order to demean, intimidate, and/or control another person. This behavior can be verbal, emotional and/or physical. Examples of Intimate Partner Violence include, but are not limited to:

  • Slapping;
  • Pulling hair;
  • Punching;
  • Damaging one’s property;
  • Driving recklessly to scare someone;
  • Name calling;
  • Humiliating one in public;
  • Harassment directed toward a current or former partner or spouse; and/or
  • Threats of abuse such as threatening to hit, harm, or use a weapon on another (whether Complainant or acquaintance, friend, or family member of the Complainant), or other forms of verbal threats.

Harming Behavior that includes, but is not limited to, the true threat of or actual physical assault or abuse and also includes harassment, is prohibited pursuant to The Student Code. Harming Behavior will be addressed under this Policy if it involves Discriminatory Harassment, Sexual or Gender-Based Harassment, Intimate Partner Violence, or is part of a course of conduct under the Stalking definition.

G. STALKING

Stalking occurs when a person engages in a course of conduct directed at a specific person under circumstances that would cause a reasonable person to fear for the person’s safety or the safety of others, or to experience substantial emotional distress.

“Course of conduct” means two or more acts, including but not limited to acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about another person, or interferes with another person’s property.

“Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

“Reasonable person” means a person under similar circumstances and with similar identities to the Complainant.

Stalking includes “cyber-stalking,” a particular form of stalking in which a person uses electronic media, such as the internet, social networks, blogs, phones, texts, or other similar devices or forms of contact.

Stalking may include, but is not limited to:

  • Non-consensual communications (face to face, telephone, e-mail);
  • Threatening or obscene gestures;
  • Surveillance/following/pursuit;
  • Showing up outside the targeted individual’s classroom or workplace;
  • Sending gifts (romantic, bizarre, sinister, or perverted); and/or
  • Making threats.

H. RETALIATION

Retaliation means any adverse action taken against a person for making a good faith report of Prohibited Conduct or participating in any proceeding under this Policy. Retaliation includes threatening, intimidating, harassing, coercing or any other conduct that would discourage a reasonable person from engaging in activity protected under this Policy. Retaliation may be present even where there is a finding of “no responsibility” on the allegations of Prohibited Conduct. Retaliation does not include good faith actions lawfully pursued in response to a report of Prohibited Conduct.

Retaliation can include, but is not limited to, actions taken by the University, actions taken by one Student against another Student, actions taken by an Employee against another Employee or Student, or actions taken by a Third Party against a Student or Employee.  See the University’s Non-Retaliation Policy [http://policy.uconn.edu/2011/05/24/non-retaliation-policy/].

I. COMPLICITY 

Complicity is any act taken with the purpose of aiding, facilitating, promoting or encouraging the commission of an act of Prohibited Conduct by another person.

X.   INAPPROPRIATE AMOROUS RELATIONSHIPS

For the purposes of this Policy, “amorous relationships” are defined as intimate, sexual, and/or any other type of amorous encounter or relationship, whether casual or serious, short-term or long-term.

A. INSTRUCTIONAL/STUDENT CONTEXT

All faculty and staff must be aware that amorous relationships with students are likely to lead to difficulties and have the potential to place faculty and staff at great personal and professional risk.  The power difference inherent in the faculty-student or staff-student relationship means that any amorous relationship between a faculty or staff member and a student is potentially exploitative or could at any time be perceived as exploitative and should be avoided.  Faculty and staff engaged in such relationships should be sensitive to the continuous possibility that they may unexpectedly be placed in a position of responsibility for the student’s instruction or evaluation.  In the event of a charge of Sexual Harassment arising from such circumstances, the University will in general be unsympathetic to a defense based upon consent when the facts establish that a faculty-student or staff-student power differential existed within the relationship.

  1. Undergraduate Students

Subject to the limited exceptions herein, all members of the faculty and staff are prohibited from pursuing or engaging in an amorous relationship with any undergraduate student.

  1. Graduate Students

With respect to graduate students (including but not limited to Master’s, Law, Doctoral, and any other post-baccalaureate students), all faculty and staff are prohibited from pursuing or engaging in an amorous relationship with a graduate student under that individual’s authority. Situations of authority include, but are not limited to: teaching; formal mentoring or advising; supervision of research and employment of a student as a research or teaching assistant; exercising substantial responsibility for grades, honors, or degrees; and involvement in disciplinary action related to the student.

Students and faculty/staff alike should be aware that pursuing or engaging in an amorous relationship with any graduate student will limit the faculty or staff member’s ability to teach, mentor, advise, direct work, employ and promote the career of the student involved with him or her in an amorous relationship.

  1. Graduate Students in Positions of Authority

Like faculty and staff members, graduate students may themselves be in a position of authority over other students, for example, when serving as a teaching assistant in a course or when serving as a research assistant and supervising other students in research.  The power difference inherent in such relationships means that any amorous relationship between a graduate student and another student over whom they have authority is potentially exploitative and should be avoided.  All graduate students currently or previously engaged in an amorous relationship with another student are prohibited from serving in a position of authority over that student.  Graduate students also should be sensitive to the continuous possibility that they may unexpectedly be placed in a position of responsibility for another student’s instruction or evaluation.

  1. Pre-existing Relationships with Any Student

The University recognizes that an amorous relationship may exist prior to the time a student enrolls at the University or, for amorous relationships with graduate students, prior to the time the faculty or staff member is placed in a position of authority over the graduate student.  The current or prior existence of such an amorous relationship must be disclosed to the Office of Institutional Equity and/or the Office of Faculty and Staff Labor Relations by the employee in a position of authority immediately if the student is an undergraduate, and prior to accepting a supervisory role of any type over any graduate student.

All faculty and staff currently or previously engaged in an amorous relationship with a student are prohibited from the following unless effective steps have been taken in conjunction with Labor Relations and the applicable dean or vice president to eliminate any potential conflict of interest in accordance with this Policy: teaching; formal mentoring or advising; supervising research; exercising responsibility for grades, honors, or degrees; considering disciplinary action involving the student; or employing the student in any capacity – including but not limited to student employment and internships, work study, or as a research or teaching assistant.

Similarly, all graduate students currently or previously engaged in an amorous relationship with another student are prohibited from serving in a position of authority over that student.

  1. If an Amorous Relationship Occurs with Any Student

If, despite these warnings, a faculty member, staff member, or graduate student becomes involved in an amorous relationship with a student in violation of this Policy, the faculty member, staff member, or graduate student must disclose the relationship immediately to the Office of Institutional Equity or the Office of Faculty and Staff Labor Relations.  Absent an extraordinary circumstance, no relationships in violation of this Policy will be permitted while the student is enrolled or the faculty or staff member is employed by the University.  In most cases, it will be unlikely that an acceptable resolution to the conflict of interest will be possible, and the faculty or staff member’s employment standing or the graduate student’s position of authority may need to be adjusted until s/he no longer has supervisory or other authority over the student.

In addition to the amorous relationship itself, a faculty, staff or graduate student’s failure to report the existence of an inappropriate amorous relationship with a student is also a violation of this Policy.  The University encourages immediate self-reporting, and will consider this factor in the context of any resolution that may be able to be reached.

B. EMPLOYMENT CONTEXT 

Amorous relationships between supervisors and their subordinate employees often adversely affect decisions, distort judgment, and undermine workplace morale for all employees, including those not directly engaged in the relationship.  Any University employee who participates in supervisory or administrative decisions concerning an employee with whom s/he has or has had an amorous relationship has a conflict of interest in those situations. These types of relationships, specifically those involving spouses and/or individuals who reside together, also may violate the State Code of Ethics for Public Officials as well as the University’s Policy on Employment and Contracting for Service of Relatives.

Accordingly, the University prohibits all faculty and staff from pursuing or engaging in amorous relationships with employees whom they supervise.  No supervisor shall initiate or participate in institutional decisions involving a direct benefit or penalty (employment, retention, promotion, tenure, salary, leave of absence, etc.) to a person with whom that individual has or has had an amorous relationship.  The individual in a position of authority can be held accountable for creating a sexually hostile environment or failing to address a sexually hostile environment and thus should avoid creating or failing to address a situation that adversely impacts the working environment of others.

  1. Pre-existing Amorous Relationships Between Supervisors and Subordinate Employees

The University recognizes that an amorous relationship may exist prior to the time an individual is assigned to a supervisor.  Supervisory, decision-making, oversight, evaluative or advisory relationships for someone with whom there exists or previously has existed an amorous relationship is unacceptable unless effective steps have been taken to eliminate any potential conflict of interest in accordance with this Policy.  The current or prior existence of such a relationship must be disclosed by the employee in a position of authority prior to accepting supervision of the subordinate employee to the Office of Institutional Equity and/or the Office of Faculty and Staff Labor Relations.  Working with the Office of Faculty and Staff Labor Relations, the relevant managers will determine whether the conflict of interest can be eliminated through termination of the situation of authority.  The final determination will be at the sole discretion of the relevant dean or vice president.

  1. If an Amorous Relationship Occurs or has Occurred between a Supervisor and his/her Subordinate Employee

If, despite these warnings, a University employee enters into an amorous relationship with someone over whom s/he has supervisory, decision-making, oversight, evaluative, or advisory responsibilities, that employee must disclose the existence of the relationship immediately to the Office of Institutional Equity and/or the Office of Faculty and Staff Labor Relations.  In consultation with appropriate University administrators, the relevant dean or vice president will determine whether the conflict of interest can be eliminated.  The final determination will be at the sole discretion of the relevant dean or vice president.  In most cases, it will be unlikely that an acceptable resolution to the conflict of interest will be possible.  If the conflict of interest cannot be eliminated, the supervisor’s employment standing may need to be adjusted.  In addition to the amorous relationship itself, a supervisor’s failure to report the existence of the relationship with a subordinate employee is also a violation of this Policy.  The University encourages immediate self-reporting, and will consider this factor in the context of any resolution that may be able to be reached.

XI. PREVENTION, AWARENESS AND TRAINING PROGRAMS

The University is committed to the prevention of Prohibited Conduct through regular and ongoing education and awareness programs. Incoming Students and new Employees receive primary prevention and awareness programming as part of their orientation, and returning Students and current Employees receive ongoing training and related education and awareness programs. The University provides training, education and awareness programs to Students and Employees to ensure broad understanding of this Policy and the topics and issues related to maintaining an education and employment environment free from harassment and discrimination.

For a description of the University’s Prohibited Conduct prevention and awareness programs, including programs on minimizing the risk of incidents of Prohibited Conduct and bystander intervention, see the University’s annual Clery reports (found online at:  http://publicsafety.uconn.edu/police/clery/about-clery/uconn-and-the-clery-act/ ).

XII. OBLIGATION TO PROVIDE TRUTHFUL INFORMATION

All University community members are expected to provide truthful information in any report, investigation, or proceeding under this Policy. Submitting or providing false or misleading information in bad faith or with a view to personal gain or intentional harm to another in connection with an incident of Prohibited Conduct is prohibited and subject to disciplinary sanctions under The Student Code (for Students), The Code of Conduct (for Employees), and any other applicable and appropriate University policy or policies. This provision does not apply to reports made or information provided in good faith, even if the facts alleged in the report are not later substantiated.

XIII.  RELATED POLICIES

A. STUDENTS

Responsibilities of Community Life: The Student Code: http://community.uconn.edu/the-student-code-preamble/

B. EMPLOYEES AND THIRD PARTIES

Policy Statement: People With Disabilities: http://policy.uconn.edu/?p=419
Protection of Minors and Reporting of Child Abuse and Neglect Policy: http://policy.uconn.edu/?p=6754
Non-Retaliation Policy: http://policy.uconn.edu/?p=415
Policy Statement: Affirmative Action and Equal Employment Opportunity: http://policy.uconn.edu/?p=102
Age Act Policy: http://policy.uconn.edu/?p=2007
Code of Conduct (employees): http://policy.uconn.edu/?p=140
Code of Conduct for University of Connecticut Vendors:  http://policy.uconn.edu/?p=2718
Policy on Employment and Contracting for Service of Relatives: http://policy.uconn.edu/?p=357

XIV. POLICY REVIEW

This Policy is maintained by the Office of Institutional Equity. The University will periodically review and update this Policy and will evaluate, among other things, any changes in legal requirements, existing University resources, and the resolution of cases from the preceding year (including, but not limited to, timeframes for completion and sanctions and remedies imposed).
[1] UConn recognizes that an individual may choose to self-identify as a victim or a survivor.  For consistency in this Policy, the University uses the term Complainant to maintain the neutrality of the Policy and procedures.

[2] Definitions for all forms of Prohibited Conduct can be found in Section IX of this Policy.

[3] Although this Policy is directed primarily to disclosures by Students, as explained herein certain supervisory employees are obligated to report disclosures about all types of Prohibited Conduct involving a University employee.

[4] While Employees are encouraged to report any form of Prohibited Conduct, only Sexual Assault, Intimate Partner Violence and Stalking must be reported under this Policy.

[5] These supervisory employees are required to report all forms of Prohibited Conduct where the Complainant or Respondent is an Employee.

[6]  This statement does not relieve Responsible Employees of their obligation to report Sexual Assault, Intimate Partner Violence and/or Stalking involving a Student immediately to the Office of Institutional Equity.

[7] These definitions may overlap with Connecticut criminal statutes in some cases, and provide greater protection in other instances.  Connecticut’s Penal Code may be found in Title 53a of the Connecticut General Statutes.  (https://www.cga.ct.gov/current/pub/chap_950.htm)

[8] Intimate Partner Violence includes “dating violence” and “domestic violence,” as defined by VAWA. Consistent with VAWA, the University will evaluate the existence of an intimate relationship based upon the Complainant’s statement and taking into consideration the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Faculty Medical Leave Guidelines

Title: Faculty Medical Leave Guidelines
Policy Owner: Department of Human Resources (Benefits)
Applies to: Faculty
Campus Applicability: Storrs, the 5 regional campuses, and UConn Law
Effective Date: May 7, 2015
For More Information, Contact Department of Human Resources (Benefits)
Contact Information: (860) 486-3034
Official Website:  http://hr.uconn.edu/2015/05/26/faculty-medical-leave-guidelines/

 

Faculty medical leaves have historically been at the discretion of the University and administered in accordance with the Article XV, L, 4 of the By-Laws of the University of Connecticut (the “By-Laws”) titled “Sick Leave for Faculty With or Without Pay,” which provides that “[e]ach case is considered separately and involves careful consideration of length of service, nature of illness, and anticipated length of disability.”  These guidelines are intended to clarify the By-Laws and provide better guidance and general parameters to University administrators in evaluating requests for medical leave.

These guidelines are for long term illnesses only (FMLA qualifying medical leaves) and apply only to tenured and tenure-track faculty and non-tenure track faculty members who are on multi-year appointments.  Absences for short-term illness and for AAUP members that are on temporary appointments will continue to be administered at the school or departmental level.  In no case shall a medical leave extend a temporary appointment beyond its end-date.

A.            Faculty With Less Than Three (3) Years of Service (six months paid sick leave)

1.            Faculty members with less than three (3) years of service will be eligible to be paid for a qualifying medical leave under the FMLA and/or the state medical leave law, up to the period provided for in the medical certification, not to exceed six (6) months.[i]  Sick Leave must be supported by medical certification and be approved by the Department of Human Resources, with notification provided to the department head and the Dean.

2.            If after six (6) months of continuous leave the faculty member is still medically unable to return to work, an extension of unpaid sick leave may be requested with proper medical certification and is subject to the approval of the Dean and the Provost.  Extensions of medical leave after the initial six (6) months provided for in Paragraph A.1 shall be in conformity with the By-Laws with an emphasis on the faculty member’s length of service and the likelihood, based on acceptable medical evidence, that he or she will be able return to full employment.

If the faculty member with less than three years of service is an ARP participant and is eligible to collect long-term disability (LTD) benefits during a period of approved unpaid leave, the University will not supplement the LTD benefit.

3.            If medical leave has been exhausted and no extension has been approved, the faculty member will be medically separated in good standing.  Post-employment benefits will be determined by the rules of the retirement plan that the faculty member has elected.

B.            Faculty With 3 – 6 Years of Service (twelve months paid sick leave)

1.            Faculty members with 3 – 6 years of service will be eligible to be paid for a qualifying medical leave under the FMLA and/or the state medical leave law, up to the period provided for in the medical certification, not to exceed six (6) months.  Sick Leave must be supported by medical certification and be approved by the Department of Human Resources, with notification provided to the department head and the Dean.

2.            If after six (6) months of continuous illness the faculty member is still medically unable to return to work, an extension of six (6) months paid sick leave may be requested with proper medical certification and is subject to the approval of the Dean and the Provost.  Extensions of medical leave after the initial six month (6) period provided for in Paragraph B.1 shall be in conformity with the By-Laws with an emphasis on the faculty member’s length of service and the likelihood, based on acceptable medical evidence, that he or she  will be able return to full employment.

If the leave is approved as paid, and the faculty member is an ARP participant, the leave will be converted to LTD leave in accordance with Article 19.G.  The University will supplement the disability benefit so that the faculty member receives the same rate of pay as if fully employed for six (6) additional months.  If the leave is approved as paid, and the faculty member is a SERS participant, he or she will be eligible for six (6) months of additional paid sick leave.

3.            If after one (1) year of continuous leave the faculty member is still medically unable to return to work, an extension of unpaid sick leave may be requested with proper medical certification and is subject to the approval of the Dean and the Provost.  Extensions of medical leave after the initial one (1) year period provided for in Paragraphs B.1 and B.2 shall be in conformity with By-Laws with an emphasis on the faculty member’s length of service and the likelihood, based on acceptable medical evidence, that he or she will be able return to full employment.

4.            If medical leave has been exhausted and no extension has been approved, the faculty member will be medically separated in good standing.  Post-employment benefits will be determined by the rules of the retirement plan that the faculty member has elected.

C.            Faculty With 7 to 10 Years of Service (twelve to eighteen months of paid sick leave)

1.            Faculty members with 7 to 10 years of service will be eligible to be paid for a qualifying medical leave under the FMLA and/or the state medical leave law, up to the period provided for in the medical certification, not to exceed six (6) months.  Sick Leave must be supported by medical certification and be approved by the Department of Human Resources, with notification provided to the department head and the Dean.

2.            If after six (6) months of continuous illness the faculty member is still unable to return to work, an extension of six (6) months paid sick leave may be requested with proper medical certification and is subject to the approval of the Dean and the Provost.  Extensions of medical leave after the initial six month (6) period provided for in Paragraph C.1 shall be in conformity with the By-Laws with an emphasis on the faculty member’s length of service and the likelihood, based on acceptable medical evidence, that he or she will be able return to full employment.

If the leave is approved as paid, and the faculty member is an ARP participant, the leave will be converted to LTD leave in accordance with Article 19.G.  The University will supplement the LTD benefit so that the faculty member receives the same rate of pay as if fully employed for six (6) additional months.  If the leave is approved as paid, and the faculty member is a SERS participant, he or she will be eligible for six (6) months of additional paid sick leave.

3.            If after one (1) year of continuous illness the faculty member is still unable to return to work, an extension of six (6) months paid sick leave may be requested with proper medical certification and is subject to the approval of the Dean and the Provost.  Extensions of medical leave after the initial one (1) year period provided for in Paragraphs C.1 and C.2 shall be in conformity with the By-Laws with an emphasis on the faculty member’s length of service and the likelihood, based on acceptable medical evidence, that he or she will be able return to full employment.

If the leave is approved as paid, the University will continue to supplement the LTD benefit so that the faculty member receives the same rate of pay as if fully employed for an additional six (6) months.  If the leave is approved as paid, and the faculty member is a SERS participant, he or she will be eligible for six (6) months of additional paid sick leave.

4.            If medical leave has been exhausted and no extension has been approved, the faculty member will be medically separated in good standing.  Post-employment benefits will be determined by the rules of the retirement plan that the faculty member has elected.

D.            Faculty With More Than 10 Years of Service (twelve to twenty-four months paid sick leave)

1.            Faculty members with more than 10 years of service will be eligible to be paid for a qualifying medical leave under the FMLA and/or the state medical leave law, up to the period provided for in the medical certification, not to exceed six (6) months.  Sick Leave must be supported by medical certification and be approved by the Department of Human Resources, with notification provided to the department head and the Dean.

2.            If after six (6) months of continuous illness the faculty member is still unable to return to work, an extension of six (6) months paid sick leave may be requested with proper medical certification and is subject to the approval of the Dean and the Provost.  Extensions of medical leave after the initial six month (6) period provided for in Paragraph D.1 shall be in conformity with the By-Laws with an emphasis on the faculty member’s length of service and the likelihood, based on acceptable medical evidence, that he or she will be able return to full employment.

If the leave is approved as paid, and the faculty member is an ARP participant, the leave will be converted to LTD leave in accordance with Article 19.G.  The University will supplement the LTD benefit so that the faculty member receives the same rate of pay as if fully employed for six (6) additional months.   If the leave is approved as paid, and the faculty member is a SERS participant, he or she will be eligible for six (6) months of additional paid sick leave.

3.            If after one (1) year of continuous illness the faculty member is still unable to return to work, an extension of twelve (12) months paid sick leave may be requested with proper medical certification and is subject to the approval of the Dean and the Provost.  Extensions of medical leave after the initial one (1) year period provided for in Paragraphs D.1 and D.2 shall be in conformity with the By-Laws with an emphasis on the faculty member’s length of service and the likelihood, based on acceptable medical evidence, that he or she will be able return to full employment.

If the leave is approved as paid, the University will continue to supplement the LTD benefit so that the faculty member receives the same rate of pay as if fully employed for the additional twelve (12) months.  If the leave is approved as paid, and the faculty member is a SERS participant, he or she will be eligible for twelve (12) months of additional paid sick leave.

4.            If medical leave has been exhausted and no extension has been approved, the faculty member will be medically separated in good standing.  Post-employment benefits will be determined by the rules of the retirement plan that the faculty member has elected.

E.            Maximum Continuous Medical Leave

Unless otherwise required by law, any continuous period of medical leave (paid, unpaid or a combination of paid/unpaid) shall not exceed two (2) years.

F.            Concurrent Leaves and Entitlements

All medical leaves under these guidelines shall run concurrently with federal FMLA and other legal entitlements, including ADA accommodations arranged through the Office of Diversity and Equity.

G.           Reinstatement Of Faculty Who Are Medically Separated In Good Standing

If a faculty member who is medically separated in good standing becomes medically able to return to University employment, he or she shall be eligible for rehire.  Rehire shall be subject to approval of the Dean and the Provost.  In determining whether to rehire the faculty member, emphasis shall be placed on the qualification of the faculty member at the time of rehire; the likelihood that the faculty member will be able to resume teaching, scholarship and service at a level commensurate with his or her position; and the needs of the University, School or College, and Department.

H.           Calculation Of Supplemental Disability Pay

For faculty members enrolled in the ARP and eligible to receive a disability supplement in accordance with these guidelines, the University shall supplement the disability insurance such that the faculty member’s bi-weekly gross pay (disability benefit plus supplement) while receiving the supplement equals the bi-weekly gross pay the faculty member would have received if he or she was fully employed less the ARP contribution being paid by the disability carrier on behalf of the faculty member.

I.             Multiple Access To Paid Sick Leave

Faculty members may only access the paid medical leave benefits described in this policy once every three (3) years unless otherwise approved by the Dean and the Provost, with an emphasis on whether the total amount of paid sick leave taken in any three (3) year period is less than the maximum paid sick leave available to the faculty member under these guidelines.

The first time a faculty member utilizes paid sick leave under these guidelines, his or her years of service shall be determined from the faculty member’s University hire date.  On any subsequent occasion the faculty member seeks to utilize the paid sick leave benefits available under these guidelines, his or her years of service shall be counted from the date on which the faculty returned from the last qualifying paid sick leave taken pursuant to these guidelines.

If a faculty member is not eligible for paid sick leave in accordance with this paragraph, he or she still may take as unpaid any medical leave to which he or she is entitled in accordance with his or her rights under federal and/or state medical leave laws.

[i] The term “months” is intended to mean calendar months.

Paid Sick Leave for Certain Temporary Employees

Title: Paid Sick Leave for Certain Temporary Employees
Policy Owner: Payroll Department
Applies to: Temporary Classified Employees
Campus Applicability:  Storrs and Regional Campuses
Effective Date: August 19, 2014
For More Information, Contact Payroll Department
Contact Information: (860) 486-2423
Official Website: http://www.payroll.uconn.edu/

 

REASON FOR POLICY

The purpose of this policy is to comply with CT Public Act 11-52 (CGS 31-57r through 31-57w), and administer paid sick leave to certain classified employees who meet the definition of ‘service worker’, but do not receive paid sick leave under a collective bargaining agreement.

APPLIES TO

This policy applies to certain temporary classified employees at the University of Connecticut, Storrs and Regional Campuses who meet the definition of ‘service worker’ but do not receive paid sick leave under a collective bargaining agreement.

DEFINITION

A ‘temporary position’, as defined by the State Personnel Act, is a position in state service (classified) which is expected to require the services of an incumbent for a period not in excess of 6 months.  A ‘service worker’ is defined under CT Public Act 11-52 (CGS 31-57r through 31-57w): http://www.ctdol.state.ct.us/wgwkstnd/SickLeaveLaw.htm

POLICY STATEMENT

Accrual of Paid Sick Leave:

Certain temporary classified employees of the University of Connecticut begin to accrue paid sick time beginning January 1, 2012 or upon hire, whichever is later, under the following terms and conditions:

  1. Eligible employees accrue one hour of paid time for every forty (40) hours actually worked.
  2. The maximum accrual of sick time hours is forty (40) hours per calendar year.
  3. Eligible employees may carry over a maximum of 40 hours of unused sick time from one calendar year into the next but the employee shall not be able to use more than the forty (40) hours in one (1) calendar year.
  4. Under no circumstances are eligible employees entitled to any payout for accumulated but unused sick leave.

Use of Paid Sick Leave:

Eligible employees shall be entitled to the use of accrued paid sick leave upon the completion of their 680th hour of employment with the University measured from January 1, 2012 or from their date of hire if hired after January 1, 2012.

Sick leave must be taken in one (1) hour increments

A maximum of forty (40) hours of sick leave may be used each calendar year.

Sick leave may only be used in lieu of previously scheduled hours.

Pay Rate for Sick Leave:

Sick leave will be paid at the employee’s normal hourly rate at the time the leave is taken.

Reasons for Use of Paid Sick Leave:

Eligible Employees may only use accrued paid sick leave for the following reasons:

  1. To treat the employee’s own illness, injury or health condition; for the medical diagnosis, care or treatment of the employee’s own mental illness or physical illness, injury or health condition; or for preventative medical care for the employee.
  2. For the treatment of the employee’s child’s or spouse’s illness, injury or health condition; the medical diagnosis, care or treatment of an employee’s child’s or spouse’s mental or physical illness, injury or health condition; or preventative medical care for the employee’s child or spouse.
  3. For the employee’s treatment or services related to the employee’s status as a victim in a family violence or sexual assault incident, for the medical care or psychological or other counseling for physical or psychological injury or disability; to obtain services from a victim services organization; to relocate due to such family violence or sexual assault; to participate in any civil or criminal proceedings related to or resulting from such family violence or sexual assault.

Notice:

If the reason for the sick leave is foreseeable, the employee must provide at least seven (7) days advance notice to their supervisor,or if the leave is not foreseeable, the employee must provide as much notice as is practicable.

Documentation:

Documentation signed by a health care provider indicating the need for the number of days taken may be required by the employee’s supervisor for leaves of three (3) or more consecutive days.

 

ENFORCEMENT

Violations of this policy may result in appropriate disciplinary measures in accordance with University Laws and By-Laws, General Rules of Conduct for All University Employees, applicable collective bargaining agreements, and the University of Connecticut Student Conduct Code.

PROCEDURES/FORMS

Resources to assist hiring departments in administering this policy can be found on the Payroll Department website at http://www.payroll.uconn.edu

Timecard Submission Requirements and Deadlines

Title: Timecard Submission Requirements and Deadlines
Policy Owner: Payroll Department
Applies to: All Employees
Campus Applicability:  UConn Storrs and Regional Campuses
Effective Date: August 19, 2014
For More Information, Contact Payroll Department
Contact Information: (860) 486-2423
Official Website: http://www.payroll.uconn.edu/

 

REASON FOR POLICY

The purpose of this policy is to ensure the timely and accurate completion and approval of time and attendance records.

APPLIES TO

This policy applies to all employees at the University of Connecticut, Storrs and Regional Campuses required to complete biweekly time and attendance records.  This includes all members of the classified bargaining units; all members of the University of Connecticut Professional Employee’s Association (UCPEA); all Management and Confidential staff; student employees; and certain special payroll appointees.

This policy also applies to University employees who have been granted signatory authority to approve time and attendance records.

DEFINITION

A time and attendance record is a true and accurate statement of time worked and time taken.  These records must be completed in accordance with the Fair Labor Standards Act, collective bargaining agreements, State regulations and University policies.  By submitting and/or approving a time and attendance record, employees and their supervisors are attesting to the accuracy of the time reported.  An approved time and attendance record also authorizes the expenditure of funds in accordance with time reported.

POLICY STATEMENT

Employees are required to submit biweekly time and attendance records for the purposes of calculating payments, and managing accruals and other entitlements.  In the event that an employee is unable to complete his/her time and attendance record (or is not included in the self-service population) it is the supervisor’s responsibility to complete it on their employee’s behalf.

All time and attendance records must be submitted and approved by the deadlines posted on the Payroll website.  Changes to the biweekly submission and approval deadline due to holidays, severe weather events and unforeseen circumstances will be communicated to the University community in as timely a manner as possible.

Corrections to previously reported time must be submitted as soon as the discovery is made.

Access to the time and attendance systems is administered by the Payroll Department, subject to the established guidelines on the Payroll website and consistent with the security policy administered by University Information Technology Services.  Under no circumstances should a login ID and password be shared.

ENFORCEMENT

Violations of this policy may result in appropriate disciplinary measures in accordance with University Laws and By-Laws, General Rules of Conduct for All University Employees, applicable collective bargaining agreements, and the University of Connecticut Student Conduct Code.

PROCEDURES/FORMS

Time and attendance procedures for employees and supervisors are posted on the Payroll Department website at www.payroll.uconn.edu.

 

Paycheck Distribution

Title: Paycheck Distribution
Policy Owner: Payroll Department and the Office of Faculty and Staff Labor Relations
Applies to: All Employees
Campus Applicability: UConn Storrs and Regional Campuses
Effective Date: August 19, 2014
For More Information, Contact Payroll Department
Contact Information: (860) 486-2423
Official Website: www.payroll.uconn.edu

 
REASON FOR POLICY

The purpose of this policy is to ensure the appropriate handling, and timely distribution, of paychecks to University employees.

APPLIES TO

This policy applies to all employees at the University of Connecticut, Storrs and Regional Campuses, as well as department liaisons responsible for claiming and distributing biweekly paychecks.

DEFINITION

Pay periods occur in two week cycles that begin on the Friday of a pay week and end on the Thursday of the following pay week.  There is a two week interval between the date of a check and the period for which employees are paid, with the exception of Graduate Assistants who are paid ‘to-date’ (see Graduate Assistant Pay Schedule Policy).  Biweekly paychecks are collated and distributed based on the ‘section number’ assigned to a department by Payroll.  Employees who have elected to utilize direct deposit do not receive a paper advice of deposit.  All employees are able to access their paystub information via ‘ePay’ on the State’s Core-CT portal.

POLICY STATEMENT

Distribution at the Storrs Campus: Designated department liaisons on the Storrs Campus must retrieve paychecks at the Payroll Department Main Office between 12:00 p.m. and 3:00 p.m. on alternating Thursdays.  At the time of pickup, the ‘Payroll Authorization Check Card’ (issued by the Payroll Department) must be presented.  Checks that are not claimed at the Payroll Department Main Office will be delivered to departments on Friday via intercampus mail.

Distribution to the Regional Campuses: Representatives from the regional campuses are not required to retrieve paychecks at the Payroll Department Main Office on the Storrs Campus.  Paychecks will be delivered to the regional campuses via mail delivery service or courier.

Section Number Assignment: Departments are assigned unique section numbers for ease of distribution, and employee checks are coded accordingly.  At the discretion of the Payroll Department and under limited circumstances, new section numbers will be created.

ENFORCEMENT

Violations of this policy may result in appropriate disciplinary measures in accordance with University Laws and By-Laws, General Rules of Conduct for All University Employees, applicable collective bargaining agreements, and the University of Connecticut Student Conduct Code

PROCEDURES/FORMS

Departments are responsible for distributing paychecks to their employees.  Although departments may have their own internal distribution protocol, Payroll has established the following requirements:

  • Every attempt must be made to distribute checks to employees on the day they are picked up (Storrs Campus) or received (Regional Campuses).
  • Paychecks must be secured at all times.  Departments may not distribute paychecks by placing them in open mail slots in unprotected, public areas.
  • Employees must not cash or deposit checks until 3:00 p.m. on pay Thursday (the start of the next banking day).
  • Departments must not hold checks for more than one (1) pay cycle.  Unclaimed checks must be mailed to the employee or returned to the Payroll Department, unless prior alternative arrangements have been made with the employee.
  • Departments may not open employees’ paychecks since they contain personal and sensitive information.

Notification to departments and/or employees will be sent via email (or other appropriate media) in the event that a check distribution date must be changed due to a holiday or inclement weather.

Workers’ Compensation Light Duty Policy

Title: Workers’ Compensation Light Duty Policy
Policy Owner: Payroll Department
Applies to: All University Employees
Campus Applicability: Storrs and Regional Campuses (see details below)
Effective Date: August 19, 2014
For More Information, Contact Payroll
Contact Information: (860) 486-2423
Official Website: http://www.payroll.uconn.edu/

REASON FOR POLICY

The University strives to provide a safe and healthy work environment and is committed to returning employees to work, as appropriate, from a work-related injury or illness.  Administering a policy on light duty provides benefits to both the injured worker and the University.  Statistically, employers that facilitate return to work programs have a higher percentage of injured workers achieving full recovery over employers who fail to provide such programs.  Additionally, employers that utilize such initiatives have lower direct costs associated with workers’ compensation than those who do not.

APPLIES TO

This policy applies to all permanent and temporary employees at the University of Connecticut, Storrs and Regional Campuses who are paid salary or wages by the State of Connecticut are covered by the State’s Workers’ Compensation Program, and are eligible to participate in the light duty program.  This includes faculty, staff, student labor, work study, special payroll, and graduate assistants provided that the injury occurred while performing a function related to their employment with the University.

DEFINITIONS

Injured Worker:  An employee who initiates a workers’ compensation claim pursuant to the State of Connecticut and the University of Connecticut’s injury reporting requirements.
Temporary Modified/Restricted Duty:  A work capacity given to an injured worker by their treating physician stating that the employee is not capable of performing their regular job duties, but is capable of working in a modified or restricted capacity within their normal job classification.
Regular Duty:  A work capacity given to an injured worker by their treating physician stating that the injured worker is capable of returning to work without restrictions or modifications to their normal job classification.

POLICY STATEMENT

The University of Connecticut provides a light duty program for all employees who sustain a workplace injury or illness.  The University will provide modified or light duty assignments, as available, to an employee with an approved workers’ compensation claim, once they have been released to temporary modified/restricted work by a licensed medical professional.  Placement into a light duty position is on a temporary basis and should never become permanent.  Light duty is not guaranteed and may be modified, or ended, at any time, even if the employee’s physician has not released him/her to regular duty.  Employees who are working a light duty assignment will be held to the same standards of accountability for performance and conduct standards as an employee on regular duty.  An employee working on a light duty assignment is to abide by the restrictions imposed by their treating physician and should not exceed those restrictions until released by the doctor.  It is also the employee’s responsibility to immediately inform their supervisor and the Workers’ Compensation Administrator of any changes made to their work capacity while working a light duty assignment.

If a light duty assignment is offered by the University, an employee’s refusal to accept the offer of light duty may affect the employee’s right to workers’ compensation benefits and will be determined by the third party administrator.

ENFORCEMENT

Violations of this policy may result in appropriate disciplinary measures in accordance with University Laws and By-Laws, General Rules of Conduct for All University Employees, applicable collective bargaining agreements, and the University of Connecticut Student Conduct Code.

PROCEDURES/FORMS

An injured employee should immediately notify their supervisor and the Workers’ Compensation Administrator once their treating physician has released them to any type of modified or restricted work.  The employee must also provide the Workers’ Compensation Administrator with a signed, written copy of the modifications/restrictions given to them by the treating physician.  The Workers’ Compensation Administrator will coordinate with the employee’s supervisor to determine if a light duty assignment is available.  If such a position exists, the employee will be contacted and expected to return to work on the next scheduled business day.  Under no such circumstance should an employee work outside their prescribed restrictions until cleared to do so by their treating physician.  Supervisors should monitor the tasks being completed by an employee working temporary modified/restricted duty to ensure that the employee is working within their prescribed restrictions.

If a light duty assignment is not available, the employee will be continued on their workers’ compensation leave.  Should a light duty assignment become available prior to a change in the employee’s work capacity, the employee will be notified by either their supervisor or the Workers’ Compensation Administrator, and would be expected to return to work on the next business day.  An employee with a light duty work capacity that cannot be accommodated may be required to do job searches at the discretion of the third party administrator, in order to continue to receive payment.

External Investigations, Audits and Requests for Information Protocol

Title: External Investigations, Audits and Requests for Information Protocol
Policy Owner: The Office of Audit, Compliance & Ethics
Applies to: All University Faculty, Staff, and Administrators
Campus Applicability:  All Campuses, except UConn Health
Effective Date: August 15, 2014
For More Information, Contact Office of Audit, Compliance & Ethics
Contact Information: (860) 486-6195
Official Website:  http://audit.uconn.edu/

 

Background and Reasons for the Protocol: Under certain circumstances, representatives of the Federal or State government or other external auditors or inspectors, including accrediting organizations, may arrive without advanced notice at the University to perform investigations into possible violations of laws and regulations or to conduct certain audits. It is the University’s policy that employees fully comply with all such audit and inspection rights.

The entire protocol is available here.

Licensing of Inventions to Inventors, University of Connecticut Policy on

Title: Licensing of Inventions to Inventors, University of Connecticut Policy on
Office of Economic Development
Applies to: Faculty, Staff, Others
Campus Applicability:
Effective Date: August 14, 2012
For More Information, Contact Andrew Zehner
Contact Information: (860) 486-1339
Official Website: http://ccei.business.uconn.edu/innovation-accelerator/

Policy

Inventions developed by University of Connecticut employees, or developed with the significant use of university resources, are by policy and state statute, owned by the university*. The university exercises its best efforts to protect its intellectual property, and license those technologies to potential commercial licensees. In some cases, the university may decide not to patent its intellectual property, and may decide to license the invention back to the original inventor(s) (meaning to the entire group of inventors listed on the patent in accordance with applicable U.S. patent law). When the university chooses to take such action, it does so with the intent of recovering its investment in the resources used to create the invention.

Terms & Conditions

  1. The university may take as long as six (6) months after full and complete disclosure of an invention to decide whether to seek patent protection for that invention. During this period of time, the university will evaluate the commercial potential of the invention, and decide whether the costs of securing patent protection are warranted. During this time, the university may also engage in negotiations with potential licensees of the invention. If, for commercial advantage or publishing deadlines, the inventor(s) believes that a review and interim decision ought to be made within three (3) months, the Office of Economic Development (OED) will consider a request for an accelerated review. Otherwise, the six-month option for the university will prevail.
  2. After six (6) months from the date that a full and complete invention disclosure is received by the OED, the university has not decided to seek patent protection, or has not initiated license negotiations with a potential licensee, the university will, at the inventors’ request, license exclusive worldwide rights to the invention to the original inventors provided that the original inventors agree:
      a.  to provide evidence that they have the technical and financial capability to patent and commercialize the invention as required by federal regulations (52FR8554, March 18, 1987) which implement the Bayh-Dole Act (35 U.S.C. 206); and,
      b.  to assume all costs of acquiring patent protection and to maintain said patent(s); and,
      c.  to patent the invention within 12 months of licensing as required by federal regulations (52FR8554, March 18, 1987) which implement the Bay-Dole Act (35 U.S.C. 206); and,
      d.  to provide the university with 10% of all revenues received from the commercialization of the invention, including all cash, stocks, stock options, deferred and actual compensation in any form received by the inventors; and,
      e.   to waive their rights to share in the university’s revenues collected in accordance with paragraph 2.d of this policy; and,
      f.   to abide by terms and conditions imposed on the university by the agencies which sponsored the research that led to the invention; and,
      g. that all improvements of the invention created and first reduced to practice by university employees utilizing the resources of the university shall be owned in their entirety by the University of Connecticut.
  3. If after six (6) months from the date a full and complete invention disclosure is received by the OED, the university has taken no action on that disclosure (meaning that no action has been taken to evaluate the commercial potential of the invention, to seek out potential licensees or to refer the invention to a third party for similar purposes), then the university will, at the original inventors’ request, license the invention to them, provided the inventors agree to the terms and conditions outline in paragraphs 2.a. through 2.g. above. The inventors may, at any time, request updates on OED’s actions regarding their invention disclosure.
  4. If so required, the licensing of rights to an invention back to the original inventors is contingent upon approval by the agencies which sponsored the research that led to the invention in question.

*Pursuant to Section 10a-110a(4) of the CT General Statutes.

Revised August 14, 2012