Faculty

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: Coming Soon

 

Policy on Endorsements

Title: Policy on Endorsements
Policy Owner: University Communications
Applies to: Faculty, Staff, Students, Others
Campus Applicability: All Campuses
Effective Date:  September 1, 2016
For More Information, Contact University Communications
Contact Information: (860) 486-3530
Official Website: http://communications.uconn.edu/

 

The University of Connecticut is committed to achieving excellence in research, graduate and undergraduate education, teaching and engagement.  The University has already attracted national and international recognition for many successes across a wide range of disciplines.  As the University continues to grow and build on its many successes, members of the UConn community and external entities will continue to seek to associate themselves with UConn.

As Connecticut’s flagship public university, the University must ensure that the University associates itself with individuals, groups and organizations who share our values.  All units and employees of the University are responsible for ensuring that the University’s reputation and image are not affected by an improper external affiliation.

The University’s Bylaws prohibit units and groups within the University from authorizing any individual, group or organization that is not affiliated with the University to use the name of the University without the approval of the President or the President’s designee.  Typically requests to use the name of the University come from businesses wishing to promote the nature of their business relationship with the University or from individuals, groups or organizations wishing to be recognized as a sponsor of the University or any of its activities.

If you receive this type of request, or anything similar, you should send it to the University’s Office of Communications for review.

Policy History

Approved 02/03/2016 by the President’s Cabinet

Prevention and Reporting of Fraud and Fiscal Irregularities

Title: Prevention and Reporting of Fraud and Fiscal Irregularities
Policy Owner: Executive VP for Administration and Chief Financial Officer
Applies to: Faculty, Staff, and Others
Campus Applicability: All
Effective Date: March 23, 2016
For More Information, Contact: OACE: (860) 486-4526 (Storrs & Regionals) / (860) 679-4180 (UConn Health)
EVP for Administration and CFO: (860) 486-3455
UConn Health CFO: (860) 679-3162
Official Website: http://evpacfo.uconn.edu/ 

Purpose

The University of Connecticut is committed to upholding the highest standards of honest behavior, ethical conduct, and fiduciary responsibility with respect to all assets of the University and assets entrusted to the University, including all funds, resources, and property. The purpose of this policy is both to inform the University community of each member’s responsibility to safeguard University resources and to establish standards for the reporting of suspected or known fraud or fiscal irregularities to the appropriate officials.

This policy applies to all units of the University including Storrs and the Regional Campuses, Professional Schools and UConn Health.  It applies to members of the University community including faculty, staff, contractors, business associates, and others involved in the activities of the University.

Definitions

Fraud and fiscal irregularities generally involve an intentional or deliberate act, omission or concealment with the intent of obtaining an unauthorized benefit, such as money, property or other personal or business advantage, by deception or other unethical means.  Examples include, but are not limited to:

  • Misappropriation, misapplication, removal, or concealment of University property
  • Forgery, falsification, or alteration of documents and/or information (e.g., checks, bank drafts, deposit tickets, promissory notes, time cards, travel expense reports, contractor agreements, purchase orders, etc.)
  • Theft or misappropriation of funds, securities, supplies, inventory, or any other University assets including furniture, fixtures, equipment, data, and intellectual property
  • Billing customers, patients and third party payers for services when it is known that the services were not provided
  • Authorizing payment to vendors when it is known that the goods were not received or services were not performed
  • Misuse of University facilities, such as vehicles, telephones, mail systems, or computer-related equipment
  • Engaging in bribery, accepting kickbacks, or seeking unauthorized rebates
  • Actions related to concealing or perpetuating any fraud or fiscal irregularity

Policy Statement

All members of the University community are responsible for safeguarding University resources in their units and for ensuring that those resources are used for authorized purposes and in accordance with University rules and policies, and as required by applicable laws. In addition, all members of the University community should promptly report any known or suspected fraudulent activity or fiscal irregularities involving University and affiliated entity funds resources, property, or employees. Each unit manager should be familiar with the types of improprieties that might occur in the manager’s area of responsibility and ensure that all reasonable internal controls are in place and operating effectively to prevent and detect the occurrence of fraudulent activity or fiscal irregularities.

Nothing in this policy relieves faculty and staff from reporting responsibilities under professional codes of conduct, licensing, or other requirements applicable to them individually or to their function.

Process for Reporting Detected or Suspected Fraud and Irregularities

Individual Reporting Obligations

All members of the University community are obligated to report any known or suspected fraudulent activity or fiscal irregularities. Generally, an individual may discuss the concern directly with a supervisor. However, in the event that the individual is not comfortable speaking with the supervisor or is dissatisfied with the supervisor’s response, the individual should report the concern directly to the Office of Audit, Compliance and Ethics (OACE) and/or Campus Police.  Individuals should not investigate suspected fraudulent activity independently.

Individuals who wish to report suspected fraudulent activity or fiscal irregularities anonymously may utilize the University’s REPORTLINE using the contact information below. The REPORTLINE is operated by a private (non-University) company. No effort is made to identify the person reporting and no trace of the call is performed. Information received is provided to the OACE for review and appropriate action. This service is available 24 hours a day, 7 days a week and is staffed by independent specialists trained to obtain complete and accurate information in a confidential manner. To contact the REPORTLINE:

Phone:  All University campus including UConn Health: Phone: 1-888-685-2637
Web reporting address:
(Storrs, Regional Campuses and Professional Schools only): https://www.compliance-helpline.com/uconncares.jsp

At a minimum, individuals should provide key information such as a description of the incident, the time frame in which the incident occurred, and names of individual(s) involved. OACE will make every effort to handle all information received in a confidential manner, to the extent permitted by law.

University policy prohibits retaliation when an individual reports, in good faith, suspected fraudulent activity or fiscal irregularities to any supervisor, faculty, administrator, OACE, University Police, the REPORTLINE, or any appropriate agency outside of the University. An individual who believes he or she has been subjected to retaliation, should contact OACE immediately.  This policy is not intended to preclude the reporting of suspected fraudulent activity or fiscal irregularities to appropriate external authorities[1].

Institutional Obligations:

Departments are obligated to notify OACE of suspected or known fraudulent activity or fiscal irregularities as soon as they become known.   OACE will evaluate the information provided and determine an appropriate strategy for investigating and resolving the allegation.   Additional University officials may be asked to conduct or participate in an investigation as appropriate. When sufficient facts and circumstances exist to establish a reasonable suspicion that fraudulent activity or fiscal irregularity has occurred, OACE will consult with the Office of the General Counsel (Storrs, Regional Campuses and the Professional schools), Senior Counsel (UConn Health) and other University officials regarding federal, state and other external reporting requirements.

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 Code.

[1]Other Reporting Options:

  • State Auditors of Public Accounts

The Whistle Blower Act, Section 4-61dd of the Connecticut General Statutes, authorizes the Auditors of Public Accounts to receive information concerning matters involving corruption, unethical practices, violation of State laws or regulations, mismanagement, gross waste of funds, abuse of authority or danger to the public safety occurring in any State department or agency. Upon receiving such information the Auditors are required to review such matter and report their findings and any recommendations to the Attorney General. The Auditors shall not, after receipt of any information from a person under the provisions of this section, disclose the identity of such person without his/her consent unless the Auditors determine that such disclosure is unavoidable during the course of the review. You can file a complaint with the Auditors of Public Accounts by calling (860) 240-5369 or toll free at (800) 797-1702. Website: https://www.cga.ct.gov/apa/ 

  • Federal False Claims Act (31 U.S.C. § 3729-3733)

This act permits a person with knowledge of fraud against the federal government to file a lawsuit on behalf of the government against those that committed the fraud. The person filing the lawsuit is also known as the “whistleblower” or “qui tam” plaintiff. The “qui tam” plaintiff must notify the United States Department of Justice (DOJ) of all information regarding the fraud. If the DOJ takes the case and fraud is proven the “qui tam” plaintiff is entitled to a portion of the money recovered by the federal government. Under the False Claims Act the “qui tam” plaintiff is protected from retaliation that may result from his or her involvement in the case. This is known as Whistleblower Protection.

Protection of Minors and Reporting of Child Abuse and Neglect Policy

Title: Protection of Minors and Reporting of Child Abuse and Neglect
Policy Owner: Office of Audit, Compliance & Ethics
Applies to: All personnel associated with the University including faculty, staff, volunteers, graduate and undergraduate students, interns, residents and fellows.
Campus Applicability: All University campuses including Storrs, regional campuses, the Law School and UConn Health (University)
Effective Date: April 1, 2016
For More Information, Contact Minor Protection Coordinator/Office of Audit, Compliance & Ethics
Contact Information: (860) 486-5682
Official Website: http://minorprotection.uconn.edu

1.  Reason for Policy

The University of Connecticut is committed to promoting a high quality, secure and safe environment for minors who are active in the University community. This policy and the accompanying procedures establish consistent standards intended to support the University in meeting its commitments to promote the protection of minors who participate in activities sponsored by the University and to inform all members of the University community of their obligation to report any instances of known or suspected child abuse or neglect.

2.  Applies to

This policy applies to all University employees, including faculty, staff, volunteers, graduate and undergraduate students, interns, residents and fellows. Except as provided below, it also applies to any activity that takes place on University property or is sponsored by the University and is open to the participation of minors.

This policy does not apply to: (1) events open to the public where parents/guardians or adult chaperones are invited / expected to accompany and supervise their children; (2) undergraduate and graduate programs in which minors are enrolled for academic credit or have been accepted for enrollment; (3) students who are dually enrolled in University credit-bearing courses while also enrolled in elementary, middle, and/or high school, UNLESS such enrollment includes overnight housing in University facilities; (4) minors employed by the University; (5) field trips or visits solely supervised by a minor’s school or organization; (6) patient-care related activities relating to minors; (7) non-university programs undertaking activities in or on University land or facilities under the sole supervision of said program; (8) university programs which take place outside of the University under the supervision of a separate organization; (9) licensed child care facilities; and (10) other activities granted advance and written exemption from part or all of the policy.

3.  Definitions[1]

A. Authorized Adult: A University employee, student, or volunteer (paid or unpaid) who has (1) successfully passed a Background Screening within the last four years, (2) completed the University minor’s protection training within the last year, and (3) has been registered with the University’s Minor Protection Coordinator.

B. University Sponsored Activities Involving Minors: A program or activity open to the participation of minors that is sponsored, operated, or supported by the University and where minors, who are not enrolled or accepted for enrollment in credit-granting courses at the University or who are not an employee of the University, are under the supervision of the University or its representatives.

C. Background Screening: A criminal history search that is consistent with University Criminal Background Check Policies, which has been successfully completed within the past four years. Such investigation may include the following searches by a nationally recognized background check vendor:

i.    Social Security Number verification/past address trace;

ii.   federal criminal history record search for felony and misdemeanor convictions covering, at minimum, the last seven years in all states lived in;

iii.   a statewide or county level criminal history record search for felony and misdemeanor convictions covering, at minimum, the last seven years in all states lived in; an;

iv.   sex offender registry searches at the county level in every jurisdiction where the candidate currently resides or has resided.

D. Child Abuse: A non-accidental physical injury to a minor, or an injury that is inconsistent with the history given of it, or a condition resulting in maltreatment, such as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment, or cruel punishment.

E. Child Neglect: The abandonment or denial of proper care and attention (physically, emotionally, or morally) of a minor, or the permitting of a minor to live under conditions, circumstances, or associations injurious to the minor’s well-being. (Connecticut General Statutes § 46b-120(6))

F. Minor: Any individual under the age of 18, who has not been legally emancipated.

G. Mandated Reporter: An individual designated under Section 17a-101(b) of the Connecticut General Statutes as someone who is required to report or cause a report to be made of Child Abuse or Child Neglect. All employees of the University, except student employees, are Mandated Reporters under state law.

H. Minor Protection Coordinator: An individual designated by the University to develop procedures to implement this policy and best practices for the protection of minors involved in University Sponsored activities involving minors , and to provide coordination, training, and monitoring in order to promote the effective implementation of this policy.

[1] Several of these definitions are adapted in whole or in part from the Connecticut general Statutes. For additional guidance from the Connecticut Department of Children and Family Services about the definitions of child abuse and neglect, see http://www.ct.gov/dcf/cwp/view.asp?a=2534&Q=316956. (Las accessed 2/11/2016).

4.  Reporting Child Abuse or Neglect

Pursuant to state law, all University employees (except student employees) are Mandated Reporters of Child Abuse and/or Child Neglect and must comply with the reporting requirements in Connecticut’s mandated reporting laws. (Connecticut General Statutes Sections 17a-101a to 17a-101d)

Connecticut state law, requires that reports of known or suspected child abuse or neglect be made orally, as soon as possible, but no later than 12 hours to law enforcement or the Department of Children and Families (DCF), and followed up in writing within 48 hours.

DCF’s 24-hour hotline for reporting suspected Child Abuse or Child Neglect is (800) 842-2288, and additional guidance on these reporting requirements may be found here: http://www.ct.gov/dcf/cwp/view.asp?a=2556&Q=314384. (Last accessed 2/11/2016.)

University employees are protected under state law for the good faith reporting of suspected Child Abuse or Child Neglect, even if a later investigation fails to substantiate the allegations.

In addition to this statutory reporting requirement, University employees must also comply with any other University policies that impose additional reporting obligations, such as the Policy Against Discrimination, Harassment, and Related Interpersonal Violence.

5.  Requirements for University Sponsored Activities Involving Minors

To better protect minors participating in activities sponsored by the University, all Programs must meet the following requirements, in addition to any applicable federal, state, or local law, and University policies. Please Note: A more comprehensive description of the following requirements are detailed in the accompanying procedures.

A.   University Sponsored activities involving minors must register with the University’s Minor Protection Coordinator with sufficient advance notice to confirm the requirements of this policy have been met.

B.   No individual, paid or unpaid, shall be allowed to supervise, chaperone, or otherwise oversee any Minor who participates in University Sponsored activities involving minors unless he or she is an Authorized Adult.

C. All University Sponsored activities involving minors must implement standards to safeguard the welfare of participating minors, and must also comply with University standards included in the accompanying procedures.

D. All University Sponsored activities involving minors are subject to periodic audits to verify compliance with this policy and the accompanying procedures.

E. Any exceptions must be requested with sufficient notice and approved in writing by the Minor Protection Coordinator in consultation with Minor Protection Oversight Committee prior to the start of program operations.

6.  Enforcement

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

Policy History

Policy Created: April 1, 2016 [Approved by the President’s Cabinet]

Procedures

Procedures for the Protection of Minors and Reporting of Child Abuse and Neglect can be found at: http://minorprotection.uconn.edu/wp-content/uploads/sites/1652/2016/03/Procedures-for-the-Protection-of-Minors-and-Reporting-of-Child-Abuse-and-Neglect.pdf. 

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

Nancy Fitzpatrick Myers
Director of Investigations, Office of Institutional Equity
Deputy Title IX Coordinator
Wood Hall, First Floor
nancy.myers@uconn.edu
(860) 486-2943

Alexis Phipps Boyd
Deputy Title IX Coordinator, Office of Institutional Equity
Wood Hall, First Floor
alexis.p.boyd@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.

Export Control Policy

Title: Export Control Policy
Policy Owner: Office of the Vice President for Research
Applies to: Faculty, Staff, Students, Others
Campus Applicability:  All
Effective Date: 12/14/2015
For More Information, Contact Research Compliance Services
Contact Information: exportcontrol@uconn.edu, or (860) 486-8704
Official Website: http://research.uconn.edu/rcs/export-control/

 

REASON FOR POLICY

Federal regulations govern how certain information, technologies, and commodities can be transmitted overseas or to a foreign national on U.S. soil. The scope of the regulations is broad: they cover exports in virtually all fields of science, engineering, and technology and apply to research activities regardless of the source of funding. Failure to comply with these laws can have serious consequences, both for the institution and for the individual researcher. The potential penalties include fines and imprisonment. These laws are collectively referred to as export control laws.

The University of Connecticut (UConn) encourages and supports open research and the free exchange of ideas. Although most university activities and research are exempt from export control laws, UConn engages in activities, research, and the development of new technologies that are subject to these export restrictions. UConn has established the procedures necessary to ensure the university and its employees remain in full compliance.

APPLIES TO 

This policy applies to all faculty, staff, students, researchers, and all other individuals working at the University of Connecticut Storrs, Regional Campuses, and UConn Health.

POLICY STATEMENT

UConn is committed to compliance with export control laws and regulations, including those implemented by the U.S. Department of Commerce through its Export Administration Regulations (EAR), the U.S. Department of State through its International Traffic in Arms Regulations (ITAR), as well as embargo regulations imposed by the U.S. Treasury Department through its Office of Foreign Assets Control (OFAC).

The Office of the Vice President for Research (OVPR) is the designated authority charged with compliance oversight of the U.S. export control requirements for UConn and has final authority on such matters. Research Compliance Services, an office within OVPR, is the functional administrative unit charged with the responsibility for oversight of export control compliance and recordkeeping.

Individuals acting on behalf of the University, including faculty, staff and students, are responsible for the proper handling, transfer, access, storage, control, and dissemination of export controlled hardware, software, information, technology, and technical data to destinations and persons outside of the U.S., as well as in some cases, to foreign nationals at the university engaging in instruction, conducting research, or providing service activities.

The University typically conducts fundamental research in basic and applied science or engineering, which is widely and openly published and made available to the scientific and academic community. This allows for the Fundamental Research Exclusion, which means the research results are exempt from export control laws. But export control laws could apply if the research is not considered fundamental research, or if the research has restrictions on publication, foreign national participation, or restricted access to/disclosure of research results.  Please contact Research Compliance Services if you have any questions on whether or not export control laws apply to your particular activity.

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 Code.

The civil and criminal penalties associated with violating export control regulations can be severe, ranging from administrative sanctions including loss of research funding, to monetary penalties, and imprisonment. Anyone found to have engaged in conduct contrary to this policy is subject to disciplinary action by the university up to and including dismissal or expulsion and civil or criminal prosecution.

PROCEDURES

Export control compliance protocols and procedures are available online at: http://research.uconn.edu/rcs/export-control/

POLICY HISTORY

Policy created: 12/14/2015 (Approved by the Vice President for Research)

 1/12/2016 (Approved and Adopted by the UConn Health Policy Committee)

Office of Treasury Services Policy and Procedure Manual

Title: Office of Treasury Services Policy and Procedure Manual
Policy Owner: Office of Treasury Services
Applies to: Faculty, Staff, State, Public and Private Entities
Campus Applicability:  All University Campuses
Effective Date: March 2013
For More Information, Contact John Sullivan, CFA– Manager of Treasury Services
Contact Information: (860) 486-486-5907 or (860)-486-4429
Official Website: http://ots.uconn.edu/ 

EXECUTIVE SUMMARY The Office of Treasury Services (“OTS”) serves as UConn’s public finance department, and professionally and prudently issues, invests and disburses UCONN 2000 bond funds, and also acts as the compliance department for UCONN 2000 and other tax-exempt debt pursuant to the rules and regulations of the Internal Revenue Service, the Securities and Exchange Commission, the Municipal Securities Rulemaking Board, State Law, and other entities. OTS’ clients include the University, the State Government, and Connecticut taxpayers. OTS strives to promote public confidence in the University’s Treasury Operations and the UCONN 2000 bonds through effective management of resources, high standards of professionalism and integrity, and skillfully acting on opportunity for the University’s debt programs in the public and private markets. These policies and procedures may apply to faculty, staff, and private entities and other on all University of Connecticut campuses. The policies and procedures listed below are not meant to be exhaustive.

Policies and Procedures

Debt Investment and Disbursements OTS actively manages the issuance of UCONN 2000 debt programs, including supplemental indenture authorization, bond issuance, disposition, bank account creation, deposits, investments and disbursements of UCONN 2000 debt proceeds totaling billions of dollars pursuant to the indentures, state law, the U.S. Internal Revenue Service, the Securities and Exchange Commission and other regulatory requirements. For further information please visit:

Investment Responsibilities A major responsibility of OTS is to invest bond funds with the objective of realizing risk adjusted investment return, consistent with the legal, safety, liquidity, tax-exempt and indenture compliance; and other constraints. For further information please visit:

Indenture Compliance While compliance is ultimately the responsibility of Senior Management, OTS working with bond counsel and others, performs much of the UCONN 2000 debt program’s compliance function including compliance with the General Obligation and Special Obligation Indentures.

The Master Indentures are available on the following links:

Tax-Exempt Debt Compliance – Including Ongoing Ongoing Compliance responsibilities include overseeing the required IRS, SEC, Indenture and other compliance. OTS has been delegated the responsibility to make the Municipal Service Rulemaking Board disclosure filings, and performing the appropriate Electronic Municipal Market Access system filings pursuant to the MSRB and SEC rules and regulations. OTS works closely with the Office of the State Treasurer and bond counsel on disclosure. For further information please visit:

Other Connecticut General Statute Compliance Treasury Services works with the UConn and UConn Health’s Initiating Department, General Counsel, and the UConn Health, the Office of the State Treasurer, and Attorney General’s Office for the sales or leases of assets including land pursuant to Conn. Gen. Stat. 4-b 38(g) and the tax compliance of any UCONN tax-exempt debt (including lease financings), pursuant to Connecticut General Statutes 3-20d. For further information please visit:

Endowed Professorship Appointment and Renewal Process

Title: Endowed Professorship Appointment and Renewal Process
Policy Owner: Office of the Provost
Applies to: Faculty, Staff
Campus Applicability:  All Schools and Colleges at All Campuses
Effective Date:  April 16, 2015
For More Information, Contact The Office of the Provost
Contact Information: (860) 486-4037
Official Website:

 

Endowed Chairs and Endowed Professorships

Full-time academic staff appointed to endowed chairs or endowed professorships at the University of Connecticut are selected based on a distinguished record of scholarly or creative accomplishment, a strong record of teaching, and exemplary leadership and service to their school or college, the University, and the academic community.

Criteria for Appointment and Renewal

Individual schools and colleges may develop more specific criteria for appointment to and renewal of endowed chairs and endowed professorships, but all recommendations to the Provost must describe how the candidate meets the conditions associated with the endowment using one or more of the following criteria.

Scholarly or creative accomplishment
  • Distinguished and sustained record of achievement as evidenced by scholarly or creative publication in high quality outlets or by artistic performances or exhibitions in prestigious institutions.
  • University-wide, national, or international awards recognizing scholarly or creative contributions.
Teaching
  • Development of innovative teaching activities.
  • Successful mentorship of undergraduate and graduate students.
  • University-wide, national, or international awards recognizing teaching contributions.
Leadership, service, or public engagement
  • School, college, or University-wide level service.
  • Senior editorial positions in high quality scholarly journals.
  • Creative leadership in prestigious arts or creative organizations.
  • Significant leadership positions in national or international scholarly associations or societies.
  • Significant engagement with international, national, state, or local organizations (including government agencies).

Appointment and Renewal Process

  • Appointment to an endowed chair or an endowed professorship and renewal of an appointment requires a recommendation from the Dean of the school or college with which the professorship is associated to the Provost and Executive Vice President for Academic Affairs, who will decide whether to endorse the recommendation and forward it to the Board of Trustees for approval.
  • In making a recommendation to the Provost the Dean will solicit advice from a committee established and documented according to practices appropriate within the particular school or college. In particular, the committee might consist of (a) outstanding full professors within the school or college (a Board of Trustees Distinguished Professor from outside the school or college can be included where appropriate), (b) full professors on the Dean’s Promotion, Tenure, and Review Committee, or (c) appropriate department heads and Associate Deans.

    Appointments will ordinarily be for a fixed term, with the possibility of renewal. In the case of an initial appointment, the committee may, when appropriate, solicit external letters to inform their recommendation. The Provost will consider exceptions to the ordinary procedures on a case by case basis.  The term associated with an endowed chair or endowed professorship will be determined at the discretion of the dean up to a maximum of 5 years.

  • The holder of an endowed chair or endowed professorship is ordinarily considered for a renewal appointment at the end of her/his appointment.
  • In the event that an endowed chair or endowed professorship becomes vacant, the dean may at her/his discretion appoint an individual to the position for the remainder of the term associated with the appointment.

 

Intellectual Property and Commercialization Policy

Title: Intellectual Property and Commercialization Policy
Policy Owner: Office of the Vice President for Research
Applies to: Faculty, Staff, Students
Campus Applicability: Storrs and Regional Campuses and UConn Health
Effective Date: September 30, 2015
For More Information, Contact  Office of the Vice President for Research
Contact Information:  860-486-3619
Official Website:  http://research.uconn.edu/ 

 

Reason for Policy:  The University encourages the development and commercialization of intellectual property invented, created and developed by faculty, students and staff.  Intellectual property generally consists of patents, copyrights, trademarks and trade secrets.  This policy sets out the University’s policies with respect to such intellectual property, including its ownership, protection and commercialization.  The policy is organized as follows: (1) Ownership and Protection of Intellectual Property, (2) Commercialization of Intellectual Property, (3) Income Derived from Intellectual Property, (4) Licensing and New Company Formation, (5) Dealing with Outside Parties, (6) Other Considerations, (7) Exceptions, (8) Enforcement, and (9) Related Policies and Procedures. No policy of this nature can cover every possible scenario but it seeks to provide clarity on intellectual property and commercialization issues.  The Office of the Vice President for Research (“OVPR”) is the entity at the University primarily responsible for implementing and interpreting this Intellectual Property and Commercialization Policy, and is ready to work with faculty, staff and students to explain these policies and make determinations in specific cases.

Applies to: Faculty, staff and students at the Storrs and Regional Campuses and UConn Health

1. Ownership and Protection of Intellectual Property

A. Inventions and Patents.  Under Connecticut state law, the University owns all inventions created by employees in the performance of employment with the University or created with University resources or funds administered by the University (“University Inventions”). An issued patent is a limited grant from the federal government or a foreign government giving the owner of the patent the right to exclude others from practicing the inventions claimed in the patent.

B. Copyrights.  Copyright protection extends to any original works of authorship fixed in any tangible medium of expression.  A copyright owner possesses a series of exclusive rights, including the exclusive right to reproduce the work, prepare derivative works, distribute copies of the work, perform the work (in some cases) and display the work (in some cases). The University does not claim any product of authorship, unless a contract to the contrary modifies this general rule. If a contract grants ownership of the copyrighted work to an industry sponsor or other outside entity, an employee may be required to acknowledge the grant of ownership as a condition of working on such contract.  If a contract grants ownership of the copyrighted work to the University, the work will be considered a “University Copyright.” In addition, the AAUP Collective Bargaining Agreement and other relevant collective bargaining agreements may contain provisions that allocate copyright ownership and other rights between faculty, staff and the University.

C. Trademarks.  A trademark is a word, name, symbol or design that helps consumers identify and distinguish the source of a product from the products of others.  Similarly, a service mark is a word, name, symbol or design used by a person providing services to help the public identify and distinguish the source of the services from the service of others. A trade name is a name used to identify a business. The University owns all rights, title and interest in all  trademarks, service marks, trade names and other brand designations that relate to University Intellectual Property (as defined below) or to any University-related program of education, service, public relations, research or training (“University Trademarks”).  University Trademarks may be used only with the express written permission of the University.  Except as stated in Section 3(C), this Policy does not cover the use or licensing of University Trademarks; a link to the University’s trademark licensing procedures can be found in the “Related Policies” section of this Policy.

D. Trade Secrets.  A trade secret is any formula, pattern, device, method, know how or compilation of information that derives independent economic value from not being known by others, and is the subject of efforts by the owner to maintain its secrecy. The University maintains a number of trade secrets, including but not limited to, unpublished grant proposals, invention disclosures and scientific data for which the University has not applied for patent protection (“University Trade Secrets”). The University will also agree on a limited basis to maintain the trade secrets of its industry partners.

E. University Intellectual Property or UIP.  For the purposes of this Policy, University Inventions, University Copyrights and University Trade Secrets are referred to as “University Intellectual Property” or “UIP.” As noted above, University Trademarks are covered by a separate policy.

2. Commercialization

A. Industry Sponsored Research.  The University is committed to developing industry collaborations and supporting research and development.  The University understands that industry partners have diverse and unique needs, and is committed to providing contract terms and IP rights that meet these needs. Faculty members intending to work with industry partners should contact the OVPR so that different options can be discussed. The University offers many innovative intellectual property ownership models, including granting exclusive and non-exclusive licenses, which provide broad benefits to both industry and the University.

B. Government Sponsored Research.  UIP arising from research funded by the US government or other funding agency will be controlled by the terms of the grant or contract and applicable laws, including the Bayh-Dole Act.  Government-funded UIP will usually be owned by the University, subject to certain rights retained by the government.

C. Student Intellectual Property.  Students will own the intellectual property that they invent, create and develop, including work created for a class, unless the student is (1) working on a University research grant or other sponsored research, (2) working for the University as an employee, or (3) working under a contract that stipulates otherwise. In these cases, the University will own the intellectual property.

D. Disclosure of Inventions.  All faculty, employees (including students who are working for the University) and students (to the extent the student is working under a research grant, sponsored research or other governing contract) must disclose promptly any potentially patentable invention to the OVPR, and execute documents necessary for invention evaluation, patent prosecution or protection of University Patents. The disclosure should be made as soon as a faculty, employee or student becomes aware that their research or work has resulted in a patentable invention. OVPR will provide a preliminary evaluation of the patentable invention to the inventor within three months of disclosure, and will also provide periodic updates to inventor on the development and commercialization of the invention.

E. Determining Ownership and Protecting Intellectual Property.  The OVPR, in consultation with the faculty member, staff, student and industry partner (if applicable), will determine the ownership of all inventions and trade secrets, whether a copyrighted work is a University Copyright, and whether to seek patent or copyright protection for the intellectual property.

3.  Income Derived from Intellectual Property

A.  Inventions.  Under Connecticut state law and the by-laws of the University, the net revenue derived from licensing or income from the assignment or sale of University Inventions will be shared with employee inventors.  Although current state law only requires the University to distribute 20% of the net revenues to inventors, the Board of Trustees has approved the distribution of net revenue as follows: 33.3% to the inventors on the patent, 33.3% to their department and 33.3% to the University. Net revenue is defined as the gross proceeds derived from assigning or licensing the University Invention, less costs and expenses reasonably allocated to the University Invention. In addition, the department’s share is further divided among the dean, the department head and the faculty member. The portion of revenue distributed to the University will be invested in research related activities and patent protection.  If a faculty member, student or staff member is an inventor and leaves the University, he or she will remain entitled to the inventor’s share of the revenue.  In some prior cases, the University has made distributions using different allocations, and may in the future enter into mutually agreed distributions that differ from the above formula.

B. University Copyrights.  Net revenue derived from licensing of University Copyrights is property of the University, and the distribution of such revenue will be determined on a case by case basis, but may be distributed in a similar manner to the distribution for inventions as described above.

C. University Trademarks.  The University generally retains all income derived from licensing of University Trademarks.

4.  Licensing and New Company Formation

A.  Licensing of Intellectual Property.  The OVPR seeks to identify existing businesses that can further develop and commercialize the University Intellectual Property and bring a reasonable financial return to the University. Income derived from OVPR’s licensing activities is governed by Section 3 above.

B.  New Company Formation.  In cases where the faculty inventor may wish to form a new company based on the University Invention (hereinafter a “Faculty Startup or “Startup”), the University will require that the following conditions be satisfied before granting a license to University Intellectual Property to the Startup: (1) the faculty member may be involved with the Startup as a consultant or scientific advisor, but may not take on an operational role that interferes with her or his duties as a faculty member, (2) the Startup must demonstrate willingness and commitment to identify and engage individuals with reasonable and relevant experience to serve as the operating officer of the Startup, and (3) the Startup should develop a business plan and a fundraising plan.  As part of granting the license to the Startup, the Startup will provide consideration to the University, which could include a reasonable equity stake, a reasonable royalty, as well as assuming the costs of intellectual property protection.  Income earned by University from a Startup license or equity ownership is governed by Section 3 above.

C. Additional Considerations for Faculty Affiliated Companies. The following additional considerations apply to Startups:

(1)        A faculty lab may collaborate or subcontract with a Startup only if an appropriate agreement is negotiated with the OVPR.  The contract must contain a scope of work and clearly define responsibilities between the Startup and the faculty lab.  The agreement will be governed by the applicable University policies, including this IP and Commercialization Policy.

(2)        The faculty member may not represent the University in any negotiation or decision involving a Startup.

(3)        The faculty member individually, and the Startup, must maintain practices that ensure that University material, data and intellectual property that are not licensed to the Startup are separated from and not used inappropriately by the Startup.

(4)        The faculty member may not use space in an academic lab, or other University or state resources, including the University’s purchasing authority, for the benefit of a Startup unless (a) prior written approval has been granted by the appropriate department head or dean, and (b) a written agreement is in place with the University authorizing such use and agreeing to reimburse the University for such use.

(5)        A faculty member that works on a Startup must fully comply with the policies on “Consulting for Faculty and Members of the Faculty Bargaining Unit” and “Financial Conflict of Interest in Research” and any other similar or successor policies on the same subject. These policies are designed to ensure that a faculty member’s relationship with a Startup does not create a real or perceived conflict of interest, and that the faculty member and University have agreed on the scope of permissible Startup activities.

(6)        Startups may not compete with the University for research grants that could appropriately be conducted in the faculty member’s lab (i.e., grants for basic research).

D. Employment of Students Working at Startups.  Faculty associated with a Startup may not unduly influence a student to accept employment. The employment of students at a Startup is governed by a separate University policy, namely “Use of Students in Outside Employment.” Under this policy, the faculty member must obtain written approval from the department head or dean prior to employing a student at a Startup, and the student may seek recourse through the Provost to address any grievances that may arise during the term of employment.

The University requires that each student receive a written offer of employment with a specific scope of work or job description, the rate of compensation and the expected hours of work.  In addition, the student should receive a fair market value rate of pay.

E. Licensing Back of University Intellectual Property. If the University does not believe that it can successfully commercialize a University Invention, and if the faculty member is not interested in founding a Startup, the University will offer the inventor a license of the University Invention (such license referred to as a “license back”). In addition, the inventor may request a license back from OVPR at any time. OVPR is not required to grant a license back but will respond to any request within three months.  If the University elects to license back the University Invention to the inventor, the inventor, as licensee, will assume obligations related to patent expenses and commercialization and will agree to pay a portion of the gross revenue that the inventor receives through his or her commercialization efforts. In addition, the inventor will not be entitled to the net revenue payments described in Section 3 of this policy.

5. Dealings with Outside Parties

A. Sponsored Research.  All sponsored research agreements are negotiated and managed by the OVPR. Individual faculty members, departments, centers and other units of the University must work through the OVPR on such agreements.

B. Consulting.   University faculty are encouraged to consult with industry, but must comply with all procedures set forth in “Consulting for Faculty and Members of the Faculty Bargaining Unit.” These policies apply even if the faculty member is consulting for a Startup, including a Startup with which that individual faculty member is affiliated.

Faculty members are required to ensure that the intellectual property provisions of any consulting agreements with industry do not conflict with the faculty member’s obligations to the University.

C. Use of Non-Disclosure Agreements.  Non-public information related to University Intellectual Property should not be disclosed to outside parties unless there is in place a fully executed Non-Disclosure Agreement negotiated by OVPR and approved by University counsel.

D. Tangible Property.  Tangible property, including but not limited to software, devices, designs, models, cell lines, plans, seeds, antibodies, compounds and formulations that are University property, may not be transferred outside of the University unless there is in place a fully executed Material Transfer Agreement negotiated by OVPR and approved by University counsel.

6. Other Considerations

A. Publication.  Inventors should be aware that publication of research data and findings can jeopardize intellectual property rights for the University and the faculty member. When the University enters into industry sponsored research agreements, it will retain the right to publish all research results generated by faculty and students. The University may agree to delay the publication of research results that arise from industry sponsored research for a reasonable period of time to allow the sponsor to review the publication in order to determine if any confidential information should be removed or if a patent application should be filed.

B. Affiliates and Intellectual Property.  In some limited cases, the University has affiliation agreements with other organizations (e.g. hospitals), and these agreements may grant the University additional intellectual property rights. For example, if a student is receiving a stipend from the University through an affiliate organization, the University will assert ownership of intellectual property created by the student.

C. Open Source Software Distribution.  In those instances in which the University has an ownership interest in software, faculty and sponsors of research may request that the University distribute or otherwise make available software pursuant to an open source license.  The faculty member should consult with OVPR to determine if such distribution is in the best interests of the University.

D. Signing of Agreements.   Sponsored Research Agreements, Intellectual Property Licenses, Confidential Disclosure Agreements, Material Transfer Agreements and other related agreements that obligate the University may only be signed by an authorized University signatory. A full list of authorized signatories is set forth in the President’s Resolution Delegating Signing Authority (the website link is provided at end of this Policy).

Deans, Faculty and Department heads are not authorized under the President’s Resolution to sign agreements covered by this Policy.

E. Disagreements Related to Inventions.   The University By-Laws establish procedures to follow in the event of a disagreement related to inventions.

7.  Exceptions to This Policy

Exceptions to this Intellectual Property and Commercialization Policy may be approved by the OVPR, in consultation with the applicable University department, and faculty members, in its sole discretion.  The Office of Clinical and Translation Research may approve changes to clinical trial agreements.

8. 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 Code.

9.  Related Policies, Procedures and Board Resolutions

This policy replaces “Policy Regarding Research Collaborations with Industrial Partners and Technology Transfer”

The following are links to related policies, procedures and board resolutions, sorted by campus applicability.

All University Campuses

“Consulting for Faculty and Members of the Faculty Bargaining Unit”

“Consulting by Faculty” website

University Trademark website

Specific to Storrs and Storrs-based Regional Campuses

“Financial Conflicts of Interest in Research”

“Use of Students for External Employment”

Board of Trustees Resolution Delegating Signing Authority

Specific to UConn Health

Contract Signing Authority

Data Ownership

Individual Financial Conflict of Interest in Research 

 

If any of the above policies are amended or new relevant policies adopted, these amended or new policies will apply as of their effective date.

 

Adopted by the University of Connecticut Board of Trustees on September 30, 2015 and effective as of September 30, 2015.

Minimum Effort on Sponsored Program Activities

Title: Minimum Effort on Sponsored Program Activities
Policy Owner: Office of the Vice President for Research, Sponsored Program Services
Applies to: Faculty and key personnel on sponsored proposals and awards
Campus Applicability: All campuses except UConn Health
Effective Date: July 7, 2015
For More Information, Contact Office of the Vice President for Research, Sponsored Program Services
Contact Information: (860) 486-3619
Official Website: http://research.uconn.edu/

 

REASON FOR POLICY

Effective January 5, 2001 by Presidential Review Directive and clarification memo issued by the Office of Management and Budget (OMB) to 2 CFR Part 220 (as codified from Circular A-21) and most recently OMB Uniform Guidance 2 CFR Part 200, it is expected that “most Federally-funded research programs should have some level of committed faculty (or senior researchers) effort, paid or unpaid by the Federal government. This effort can be provided at any time within the fiscal year (summer months, academic year, or both).” The clarification memo also states that, “…Some types of research programs…do not require committed faculty effort, paid or unpaid by the Federal government…

The National Institutes of Health (NIH) Grants Policy Statement asserts that “‘zero percent’ effort or ‘as needed effort’ is not an acceptable level of involvement for ‘key personnel.’

The National Science Foundation revised its policy effective January 18, 2011 stating that except when required in an NSF solicitation, inclusion of voluntary committed effort cost sharing is prohibited.

APPLIES TO

This policy applies to all Principal Investigators, Co- Principal Investigators, and Co-investigators on Federal sponsored program proposals or awards at the Storrs campus and regional campuses.

DEFINITIONS

University Effort: The portion of ‘total professional effort’ that comprises one’s professional/professorial workload at UConn for which the employee is compensated.  This includes research, instruction, other sponsored activities, administration, non-sponsored/departmental research, university service, competitive proposal preparation and clinical activities.

Committed Effort: Any part of ‘University effort’ that is quantified and included in a sponsored program proposal and the subsequent award (e.g., two summer months, 12% time, one half of a year, three person-months, etc.).  This quantified effort/time is associated with a specific dollar amount of the employee’s compensation.

Associated effort and funding to support this devoted effort/time can be in the form of:

Direct Charged Effort:  Any portion of ‘committed effort’ toward a sponsored activity for which the sponsor pays salary/benefits.

Cost Shared Effort:  Any portion of ‘committed effort’ toward a sponsored activity for which the sponsor does not pay salary/benefits, which instead are paid using other, non-federal, UConn sources.

Uncommitted Effort: Any portion of ‘University effort’ devoted to a sponsored activity that is above the amount committed in the proposal and the subsequent award.  This ‘extra’ effort is neither pledged explicitly in the proposal, progress report or any other communication to the sponsor nor included in the award documentation as a formal commitment.

POLICY STATEMENT

This policy establishes the minimum effort requirements as those which are specified by the funding source (federal or non-federal), regulation, and the specific required minimum levels directed by the sponsor in the notice of application or solicitation.

Federal Sponsored Awards:

Faculty are expected to propose some level of sponsor supported effort or the minimum required by the program on proposals on which they are listed as Principal Investigator, Co-Principal Investigator or Co-Investigator unless specifically exempted by the sponsor.  (Examples of exceptions to the minimum proposed effort requirement would possibly include doctoral dissertations, equipment and instrumentation grants, travel grants, and conference awards.)  If an award is accepted, these personnel are committed to providing this level of effort over the annual budget period of the award unless sponsor policies permit otherwise.

The minimum amount of effort committed to a specific federally sponsored research activity may be no less than 1% of the employee’s ‘University effort.’  Beyond this minimum, the specific amount of effort committed to a particular sponsored activity is left to the judgment of the Principal Investigator/Project Director, based on his or her estimate of the effort necessary to meet the technical goals and outcomes of the project

Non-Federal Sponsored Awards: 

The University does not require a minimum amount of effort except in cases required by the sponsor.

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

Related Information:

See NSF Cost Sharing Policy Guidance

POLICY HISTORY

Policy created:  3/1/2013

Revised:           7/7/2015 (approved by the Vice President for Research)