This Guide was prepared to assist University employees. It supersedes any prior written instructions issued
by the University that are inconsistent with its provisions.
Full-time employees will attend a general orientation session conducted by Human Resources. However,
we ask that supervisors communicate to full-time employees (and as well as part-time employees)
information specific to their department. On the first day of employment supervisors should advise new
employees of the following:
- the need to report to Human Resources to complete Federal and Indiana State Withholding Forms and Form I-9
- assigned meal periods
- office hours/regular work schedule
- restroom locations
- refreshment/break/meal areas
- emergency exit locations
- outgoing U.S. and campus mail locations
- pay issue dates
- paycheck distribution
- the procedure for reporting absences
- the procedure for requesting time off
- parking locations
- other items of interest specific to your department
- In addition, new employees should
- be introduced to coworkers and others with whom they will have regular contact,
- contact Information Services for e-mail and network accounts, if applicable,
- contact DePauw Public Safety (x4261) to register their vehicle(s), and
- contact I.D. Office (x4253) to obtain their DePauw I.D. Card.
Contact the Human Resources staff with any questions at extension 4181
- Alphabetical Index
- Annual Hours
- Attendance and Punctuality
- Bereavement Leave
- Break Periods
- Cellular Phone and Wireless Handheld Device Policy and Procedures
- Civic Duty
- Compensation for Training Time
- Compensation for Travel Time
- Conflict of Interest Policy and Procedures
- Consensual Relations
- Definition of Dependent
- Definitions of Terms used in Vacation Schedule
- Definitions of Terms used in Sick Time Schedule
- DePauw Identification Cards
- Drug-Free Workplace Policy
- Early Return to Work
- Electronic Communications and Acceptable Use
- Emergency Safety Procedures
- Employee Status Definitions
- Employer-Employee Relationship
- Employment Candidate Travel Costs
- Employment Outside of Regular Position
- Equal Opportunity Policy
- Federal and Indiana State Withholding Forms
- Firearms Policy
- FMLA & University Medical Leave
- Form I-9 (Employment Eligibility Verification)
- Form I-9 Lists of Acceptable Documents
- Harassment Policy
- Inclement Weather
- Indiana Military Family Leave
- Interview and Hiring Process
- Intellectual Property
- Job Descriptions
- Jury Duty
- Military Leave
- Lactation Accommodation
- Off-Campus Errands by Hourly (non-exempt) Staff
- Other Time Off
- Parental Leave
- Pay Distribution
- Personal Day
- Performance Reviews
- Personnel Action Sheets
- Pets in the Workplace
- Policy for the Promotion of Ethical Conduct
- Position Definitions
- Progressive Discipline Policy
- Providing a Healthy and Safe Workplace
- Protection for Those Reporting Fraudulent, Dishonest, or Unlawful Behavior
- Record Retention and Document Destruction
- Recruitment and Hiring Procedures
- Separation from Employment Procedures
- Shift Differential
- Sick Time
- Sick Time Bonus at Retirement
- Smoking Policy
- Summer Hours
- Time Cards
- Tuition Exchange Guidelines
- Tuition Remission for Dependents
- Tuition Waiver for Employees
- Vacation Time
- Withholding Forms (Federal and Indiana State)
- Working Hours
- Worker’s Compensation Policy
- Workplace Safety
- Alcohol and Controlled Substance Policy
(Endorsed by the faculty, May 2001; established as University policy, June 2001; updated by President's Cabinet, July 18, 2005; updated by President's Cabinet, Aug. 8, 2008)
Faculty and staff employees of the University are advised to take note of the significant difficulties that occur at DePauw and on other college campuses from a culture of excessive consumption of alcohol and the use of controlled substances. Employees are urged to be responsible in the consumption and service of alcohol and to exercise good judgment with regard to the provision of alcohol to students who are 21 or older or socializing with alcohol with students who are 21 or older. Employees are urged to be cognizant of the laws and legal liabilities that affect them with regard to serving, consuming or using alcohol or other controlled substances. University support for employees in their official roles on behalf of the University will be difficult to sustain in the face of violations of University policy. All employees of the University in their conduct of University business and in their participation in University activities must comply with the laws of the locality in which they pursue those activities.
Alcohol and class activities:Alcohol is not permitted at mandatory class activities.
Travel expenses (restatement of current travel policy):University expense reimbursements to employees may cover alcohol consumed in moderation with meals, but University expense reimbursements will not normally cover alcohol consumed between meals (exceptions require vice presidential approval).
University funding:University funds may not be used for the purchase of alcohol for students. This includes University-sponsored travel in states or other countries where students may legally consume alcohol.
Alcohol service on campus:Alcohol may not be served at events on campus (except at The Inn at DePauw) regardless of who is in attendance.
Drinking socially with students:Employees are advised that they share a responsibility to see that students they entertain in their homes or in other places, as well as students with whom they socialize, consume alcohol legally and responsibly.
Traveling with Students:Faculty and staff traveling with students away from campus on university-sponsored activities should develop an alcohol policy in consultation with the students. All participants must agree to abide by the policy. This policy must comply with local laws and customs, make provisions for the group's academic or professional goals, and underscore responsible behavior and the exercise of good judgment with regard to the consumption of alcohol.
Illegal use of controlled substances:No employee may use or distribute controlled substances in an illegal manner on University property or at University-sponsored events, or at any event at which University students are present.
Sanctions:Sanctions against an employee for violation of the University Policy on Alcohol and Controlled Substances will be determined by the supervising Vice President and may include warning, suspension, or termination.
Exceptions: Exceptions to the University Policy on Alcohol and Controlled Substances for special circumstances may be granted by the President on recommendation of the supervising Vice President(s).
- Annual Hours
Each hourly position is budgeted for a specified number of annual hours. Budgeted hours include regular hours worked, vacation time taken, sick time taken, personal time taken, paid holidays, bereavement leave and any other hours for which the employee is paid excluding overtime. The calculation of annual hours will be based upon the 26 biweekly, pay periods that encompass the fiscal year. The 26 pay periods are identified on the Bi-Weekly Payroll Schedule issued annually by the Office of Human Resources. It is the responsibility of the supervisor to develop a schedule that will be within the hours budgeted for the position.
Employees are not permitted to exceed the annual hours budgeted for their position without the prior written approval of the vice president to which their department reports. A Personnel Action Sheet (see Personnel Action Sheet) is required for authorization of additional hours and it must indicate the approved account from which the hours will be paid. The department will be required to locate funds for excess work hours that were not approved.
Work Schedule Based on Annual Hours
9 ½ months
Academic Year Only
40 weeks of 37.5 hours
1 week of 35 hours
Mid-August thru Memorial Day Holiday
Pay periods 5 thru 24 and ½ of 25
Academic Year and 2 Summer Weeks
40 weeks of 37.5 hours
1 week of 35 hours
Summer (at the direction of supervisor):
2 weeks of 35 hours, prior to the beginning of Academic Year
70 hours, which can be taken as approximately 7 hours per week
End of July thru Memorial Day Holiday
Pay periods 4 thru 24 and ½ of 25
10 ½ months
Academic Year and 5 Summer Weeks
40 weeks of 37.5 hours
1 week of 35 hours
1 week of 35 hours after the end of Academic Year
4 weeks of 35 hours prior to beginning of Academic Year
Mid-July thru end of May
Pay periods 3 thru 25
Academic Year and Summer
40 weeks of 37.5 hours
1 week of 35 hours
3 weeks of 35 hours after end of Academic Year
4 weeks of 35 hours prior to beginning of Academic Year
Mid-July thru end of Fiscal Year
Pay periods 3 thru 26
Academic Year and Summer
40 weeks of 37.5 hours
1 week of 35 hours
3 weeks of 35 hours after end of Academic Year
8 weeks of 35 hours prior to beginning of Academic Year
Pay periods 1 thru 26
Academic Year and Summer
52 weeks at 40 hours per week
Pay periods 1 thru 26
- Attendance and Punctuality
This policy explains the employee’s responsibilities to the University for regular, reliable and prompt attendance. This policy also addresses the consequences for employees who do not fulfill their responsibility to the University for regular, reliable and prompt attendance.
Regular, reliable and prompt attendance is essential for the functioning of the University. Poor attendance makes it difficult for the University to function effectively. Additionally, employees who do not maintain regular, reliable and prompt attendance place a hardship on other employees who must cover their absence. While some allowances may be made for situations beyond the control of the employee, chronic or excessive absenteeism will be cause for corrective action, up to and including termination.
You must notify the University of an intended absence at least thirty (30) minutes before your scheduled starting time. Absences should be reported to your supervisor or his/her designee.
Absence: An absence is the failure to be on the job at any time during your scheduled hours of work, including arriving after your scheduled start time or leaving before the end of your scheduled hours of work.
Tardiness: You will be considered tardy if you fail to report to work at the designated starting time, including return from lunch. Tardiness (for purposes of payroll deduction) for an employee occurs on the eighth (8th) minute past the scheduled start time and is rounded up in fifteen (15) minute increments..
Approved Absence: A pre-approved absence scheduled in advance (e.g. scheduled and approved vacation, sick leave/salary continuation with proper notification to your supervisor, jury duty, bereavement leave, etc.) with your immediate supervisor or his/her designee (see the Vacation, FMLA and Medical Leave and related policies for additional information concerning the scheduling of such leave). You should receive approval for such absences at least twelve (12) hours in advance of the event if the need for leave is foreseeable. In cases of illness or emergency, you must notify your supervisor of the absence not later than thirty (30) minutes before the scheduled start of work or as soon as reasonably possible.
Absences covered as approved under the Family and Medical Leave Act are not considered absences under this policy.
Unapproved Absence: An unscheduled and unapproved absence is an absence not pre-approved by your immediate supervisor or his/her designee.
No Call/No Show: A no call/no show is any time an employee is absent and fails to notify their immediate supervisor or his/her designee according to the prescribed procedures outlined above.
Chronic Absenteeism: Chronic absenteeism occurs when a pattern of absenteeism becomes noticeable to the supervisor. This may include such situations as calling in sick or being tardy primarily on Mondays or Fridays or before or after holidays or on paydays. A pattern of chronic absenteeism will be addressed by the supervisor through the progressive disciplinary policy and procedures (see Progressive Discipline).
Excessive Absenteeism: Excessive absenteeism occurs when the employee has missed work or is late to work to the extent that it a) exceeds the standards set by the supervisor, b) is higher the average absenteeism for the work unit or department, and/or c) results in or contributes to the employee’s failure to perform his/her duties in a satisfactory manner. Generally, excessive absenteeism will also be addressed by the supervisor through the progressive disciplinary policy and procedures (see Progressive Discipline). However, NoCall/No Shows of three (3) or more consecutively scheduled work days can be construed as voluntary resignation of the employee without providing proper notification to the University and may result in immediate termination of employment.
The University reserves the right in all cases to, at its sole discretion, take disciplinary action up to and including termination of employment of employees who demonstrate poor attendance and punctuality even if the employee meets other performance expectations of the position held.
- Bereavement Leave
Date: February, 2012 (replaces all preceding policies)
Contact: Office of Human Resources, x4181
Purpose: When a death occurs, family and loved ones of the deceased need time to be with one another to provide solace and comfort. The University recognizes the need and normally grants time off with or without pay, depending upon the circumstances.
Policy covers: Employees in a full-time, benefit status position are eligible for bereavement leave if the leave is needed during the employee’s scheduled work time. Paid bereavement leave may be used only on days an employee is scheduled to work.
Employees must always advise their immediate supervisor of the need for bereavement leave.
Employees will receive compensation for bereavement leave based on their normal hours worked in their assigned schedule.
Employees will be granted an absence of three (3) scheduled workdays with pay following the death of a member of their immediate family to facilitate arrangements and attend the funeral. “Immediate family” refers to the employee’s:
Spouse Parent Brother Sister Child
These designations include relationships by blood, marriage (in-law relationship), legal adoption or those in a “step” or legal guardianship relationship.
There may be circumstances under which an employee is ultimately responsible for funeral arrangements for a person not specifically listed above but is a very close relationship (i.e., opposite sex domestic partners, other familial relationships), or in which other mitigating circumstances, such as international travel, may be a consideration. When such circumstances arise, the employee will need to present a specific request for additional paid bereavement leave and documentation to support the unique circumstances to the supervisor who, in consultation with the Office of Human Resources, may grant a limited number of days with pay to facilitate arrangements and attend the funeral.
Employees will be granted an absence of one (1) scheduled workday with pay following the death of a close relative. “Close relative” refers to the employee's: Grandparent Grandchild Aunt Uncle Nephew Niece These designations include relationships by blood, marriage, legal adoption or those in a "step" or legal guardianship relationship.
When the death of a fellow employee occurs, employees may be granted an absence of up to four (4) hours with pay to attend the funeral service at the discretion of the supervisor.
When the death of an individual not otherwise outlined in this policy occurs, the supervisor has the discretion to grant an employee up to two (2) hours with pay to attend the funeral service.
Employees who desire more time off than outlined in this policy may request vacation time , personal time (for non-exempt employees) or unpaid time (under the parameters outlined in the Fair Labor Standards Act) with the approval of the supervisor.
- Break Periods
Break periods are normally available and encouraged when the interruption of work for a break does not interfere with the effective operations of a department. There is no law governing compulsory breaks but when work schedules permit, the privilege of a break period is permitted. Employees must schedule break periods with their supervisor in accordance with the following guidelines:
- Break periods may not exceed twenty (20) minutes per day.
- Breaks periods are considered paid time.
- Supervisors may require employees to remain at their workstation during a break period while slowing or reducing their normal workload.
- Break periods may not be taken during the first or last hours of the workday nor should the workday be shortened because a break has not been taken.
- Meal periods may not be extended by adding a break period immediately before or after the meal period.
- Break periods may not be accumulated from one day to the next to add to other time off benefits.
- Break periods are not normally available for employees who work less than four hours a day.
- Cellular Equipment/Service Policy and Procedures
Effective: October 1, 2015 (supersedes all prior policies)
Contact: Human Resources
The University recognizes that some positions require cellular service in order to fulfill the essential job duties required. Employees occupying positions which have been identified as requiring this type of technology may be eligible to receive additional compensation in the form of a cell phone or wireless handheld device allowance.
The allowance is based on the business need and may or may not cover the entire cost of the employee’s choice in cellular plan. The allowance is considered by the IRS to be a non-taxable benefit and will be added to the employee’s payroll.
Policy Applies to
All new arrangements will use this policy effective October 1, 2015.
All current employees with cellular allowance arrangements will review their usage and allowances with the supervisor and allowances will be adjusted to the rates listed below effective January 1, 2016.
To receive an allowance, an employee must meet at least one of the following two criteria:
1. The employee’s job requires them to spend a considerable amount of time outside of their assigned office or work area during normal working hours and requires them to have regular access to telephone and/or internet connections.
2. The employee’s job requires them to be regularly accessible outside of scheduled or normal working hours. (This does not include occasional, incidental, or purely voluntary access, such as checking email from home.)
If a supervisor deems it appropriate for someone in his/her department to receive an allowance the supervisor must:
- complete a Cellular Service Allowance Request Form,
- attach the employee’s most recent monthly cell phone bill with the appropriate amount circled,
- forward it to the employee’s departmental Vice President for approval, who will then
- forward to the Office of Human Resources for approval and processing.
Eligible allowance for a phone plan is based upon what is required for the job. An employee may choose whatever s/he desires, but allowance is based on business need, not employee choice.
A fixed plan allowance will be established based on the requirements of the job and agreed upon by the supervisor. The allowance will not cover multi-user features, or features not required for the job.
Voice or Data Only: $25 per month
*Primary need to be accessible by phone with occasional need for data
*Primarily need access to data with occasional need for phone
Voice and Data: $50 per month
*Job requires employee to spend a considerable amount of time outside of assigned office or work area during normal working hours and requires substantial use of both phone and data.
Example: If the job requires a basic cell phone and the employee chooses to select an enhanced, smartphone package that includes a data package, or adds a line for another family member, the university will provide an allowance for the basic cell phone plan of $25 per month.
Employees are strongly encouraged to select devices that are compatible with Google email/calendar. Find a list of compatible devices at http://www.google.com/support/mobile.
Employees and their families will have the opportunity for a temporary extension of health insurance coverage in certain circumstances where coverage under the University’s health plan would otherwise end. Only those employees, spouses of employees and their dependents who were covered under the University’s plan on the day before the event which triggered termination of coverage are eligible to elect continuation of coverage.
Events which may trigger the option to continue coverage are as follows:
- Termination of the covered employee’s employment (except in instances of gross misconduct);
- Death of a covered employee;
- Divorce or legal separation of a covered employee from his or her spouse;
- A covered employee becoming entitled to receive Medicare benefits; or
- A dependent child of a covered employee ceasing to be a dependent.
Employees are responsible for notifying the Office of Human Resources (the Plan Administrator) of the occurrence of a qualifying event that is either a dependent child’s ceasing to be a dependent child or the divorce or legal separation of a covered employee. When a qualifying event occurs, the Plan Administrator will provide the employee and/or qualified beneficiary with the appropriate notice regarding his/her rights under COBRA. For further information on the continuation of coverage, see a representative of the Office of Human Resources.
- Code of Ethics: Policy for the Promotion of Ethical Conduct
As a nonprofit organization at the forefront of undergraduate liberal arts education, DePauw University’s policy is to uphold the highest legal, ethical, and moral standards. DePauw’s donors and volunteers support DePauw University because they trust the University to be good stewards of their resources and to uphold rigorous standards of conduct. DePauw’s reputation for integrity and excellence requires the careful observance of all applicable laws and regulations, as well as a scrupulous regard for the highest standards of conduct and personal integrity.
DePauw University will comply with all applicable laws and regulations and expects its trustees, officers, and employees to conduct business in accordance with the letter and spirit of all relevant laws; to refrain from any illegal, dishonest, or unethical conduct; to act in a professional, businesslike manner; and to treat others with respect. Trustees and officers should not use their positions to obtain unreasonable or excessive services or expertise from DePauw University’s faculty and staff.
In general, the use of good judgment based on high ethical principles will guide trustees, officers, and employees with respect to lines of acceptable conduct. However, if a situation arises where it is difficult to determine the proper course of conduct, or where questions arise concerning the propriety of certain conduct by an individual or others, the matter should be brought to the attention of DePauw University. Employees should contact their immediate supervisor and, if necessary, the Director of Human Resources. Board members should raise any such concerns with their Committee Chair or the Secretary of the University’s Board of Trustees.
Infractions of this Policy for the Promotion of Ethical Conduct are to be reported as set forth in DePauw University’s Policy for Reporting Fraudulent, Dishonest, or Unlawful Behavior.
Endorsed by the Audit and Risk Management Committee – April 19, 2007
- Compensation for Training Time for Non-Exempt Employees
Training programs conducted during regular working hours constitute work time and must be compensated as such, according to the Fair Labor Standards Act. (Work time includes all time an employee must be on duty, on the employer’s premises, or at any other prescribed place of work, as well as any additional time the employee is permitted to work.)
After-hours training need not be compensated if:
- Attendance is entirely outside normal working hours and is voluntary (attendance will not be found voluntary if the employee is led to believe that attending is critical to his or her job).
- The training is not directly related to the employee’s present job.
- The employee does not do any productive work related to the employee’s job during the program.
A training program is considered directly related to the job if the training is designed to help the employee handle the present job more effectively. Time spent in training for a new job or in the development of new skills is less likely to be classified as compensable work time.
Questions concerning training time should be directed to the Office of Human Resources. Assistance is available to review the training program, identify compensable time and provide guidance in completion of the time report to ensure compliance with Department of Labor regulations.
- Compensation for Travel Time for Non-Exempt Employees
Travel time that constitutes work time must be compensated as such, according to the Fair Labor Standards Act.
Time that an employee spends traveling as part of his or her principal activity, such as travel from job site to job site during the workday, must be counted as hours worked. Where an employee is required to report at a meeting place to receive instructions, pick up tools, or to perform other work there, the travel from the designated place to the workplace is part of the day’s work and must be counted as hours worked.
Travel that keeps an employee away from home overnight is designated as “travel away from home” by the Wage and Hour Division. Travel away from home is paid work time when it “cuts across the employee’s normal workday.” This is because the employee is deemed to be simply substituting travel for other duties. The time is not only hours worked on regular workdays during normal work hours, but also during the corresponding hours on non-work days. The Wage and Hour Division, however, does not consider that time spent in travel away from home outside of regular working hours as a passenger on a plane, train, boat, bus, or car is paid time.
If an employee regularly works from 9 a.m. to 5 p.m. from Monday through Friday, the travel time during these hours is work time on Saturday and Sunday as well as on the other days. Regular meal period time is not counted as work time. For example, if an employee who normally works 9 a.m. to 5 p.m. from Monday though Friday is a passenger on a plane departing at 9 a.m. on a Saturday, his time spent traveling is work time because it cuts across his normal working hours. It does not matter that Saturday is not a normal workday. However, if the plane departed at 6 p.m. instead, his travel time would not be counted as paid work time because he would be traveling outside of normal working hours.
Any work that an employee is required to perform while traveling must, of course, be counted as hours worked. An employee who drives a truck, bus, car, boat, or airplane, or an employee who is required to ride as an assistant or helper, is working while riding.
Questions concerning travel time should be directed to the Office of Human Resources. Assistance is available to review work time and travel time, identify compensable time and provide guidance in completion of the time report to ensure compliance with Department of Labor regulations.
- Conflict of Interest Policy and Procedures
Conflict of Interest Policy and Procedures
Article I: Purpose
DePauw University expects its trustees, officers, and employees to observe high standards of ethics and to report any conflict of interest, both in fact and appearance, while acting for or engaging in an activity affecting the University.
This policy sets forth DePauw University’s general policy and procedures regarding financial conflicts of interest in relationship to research or educational sponsored projects, as well as transactions and arrangements entered into that might benefit the private interest of a trustee, officer, or employee of the university or might result in a possible excess benefit transaction.
This policy is intended to supplement, but not replace any applicable state and federal laws governing conflict of interest. The University will fully comply with reporting obligations required by federal and state agencies.
Article II: Definitions
1. Person with Interest
Any trustee, officer, employee, principal investigator(s)/co-principal investigator(s) of an externally sponsored project (regardless of funding source), or member of a committee with governing board–delegated powers, who has a direct or indirect financial interest, as defined below, is a person with interest.
2. Financial Interest
A person has a financial interest if the person has, directly or indirectly, through business, investment, or a family member
a. An ownership or investment interest in any entity with which the university has a financial transaction or arrangement,
b. A compensation arrangement with the university or with any entity or individual with which the university has a financial transaction or arrangement,
c. A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the university is negotiating a financial transaction or arrangement, or
d. An arrangement as or through the principal investigator or co-investigator(s) responsible for the design, conduct, or reporting on research or educational activities funded or proposed for funding by an external sponsor.
Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial.
3. Conflict of Commitment
A conflict of commitment exists when the external activities are so significantly demanding of the time and attention of the person with interest as to interfere with the responsibilities for which the individual is assigned.
4. Conflict of Interest
A conflict of interest arises when a person with interest is in a position to influence either directly or indirectly University business, research, or other decisions in ways that could lead to gain for the person with interest, the person’s family members, or others to the detriment of the University’s resources, integrity, mission, teaching, research or public image.
5. Conflict of Interest Committee
This committee shall consist of the Executive Vice President and the Vice President for Finance and Administration, as well as three additional individuals designated by the President of the University.
Article III: Procedures
1. Duty To Disclose
In connection with any actual or possible conflict of commitment or interest, all persons with interest will be required to annually disclose, as well as immediately upon the identification of any apparent or implied conflict disclose, in writing the existence of any financial interest (see Conflict of Interest Disclosure Form).
In addition, with respect to sponsored programs, as required by Federal regulation, disclosure must be made prior to the time a proposal is submitted. All financial disclosures must be updated by the investigator(s) during the period of the award, either on an annual basis or as new reportable significant financial interests are obtained.
2. Determining Whether a Conflict of Commitment or Interest Exists
The Executive Vice President and the Vice President for Finance and Administration will collect the annual Conflict of Interest Disclosure Forms and will conduct an initial review of each conflict of interest disclosure to determine if a potential conflict appears to exist, or, in fact, exists.
3. Procedures for Addressing a Conflict of Commitment or Interest
a. If a conflict appears to exist, the Executive Vice President and the Vice President for Finance and Administration will consult with the other members of the Conflict of Interest Committee to confer, and if appropriate, discuss possible options to manage, reduce, or eliminate the conflict.
b. If such conflict involves the President or a trustee, the matter will be handled by the Chairman or a Vice Chair of the Board of Trustees, who is not involved in the conflict being investigated, with advice of the Chair of the Audit and Risk Management Committee.
c. If such conflict involves a member of the Conflict of Interest Committee, the Committee member involved will be excluded from consideration of the conflict.
d. During the course of the Committee’s investigation, persons with interest may be asked to provide additional information. It is understood that at this stage the committee members will share information so obtained only as necessary to resolve the conflict or as required by law.
e. After exercising due diligence, the committee shall determine whether the University can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.
f. The Committee shall, if appropriate, appoint a disinterested person or persons to investigate alternatives to the proposed transaction or arrangement.
g. If a more advantageous transaction or arrangement is not reasonably possible, the Committee shall determine by a majority vote whether the transaction or arrangement is in the University’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination, the Committee shall make its decision as to whether to enter into the transaction or arrangement.
In the case of funded or potentially funded grant projects, investigators will be asked to certify their familiarity with DePauw’s conflict of interest policy and disclosure requirements for each proposal submitted to an external funding source. If there is an apparent conflict to be disclosed, the investigator must complete the Conflict of Interest Disclosure Form and forward it to the Executive Vice President.
Article IV: Violations
If the Conflict of Interest Committee has reasonable cause to believe a person with interest has failed to disclose actual or possible conflicts of interest, it shall inform the person of the basis for such belief and afford the person an opportunity to explain the alleged failure to disclose.
If, after hearing the response of the person with interest and after making further investigation as warranted by the circumstances, the Committee determines the person with interest has failed to disclose an actual or possible conflict of interest, it shall make a recommendation for disciplinary and/or corrective action to the person’s supervising University officer.
Last updated June 4, 2008
- Conflict of Interest Questionnaire
- Consensual Relations
The integrity of the faculty-student relationship as well as the staff-student relationship is the foundation of DePauw's educational mission. These relationships vest considerable trust in the faculty or staff member, who, in turn, bears authority and accountability as mentor, educator, and evaluator. At DePauw, it is understood that faculty and staff begin and sustain friendships with students that can last a lifetime. The unequal institutional power in these relationships, however, heightens the vulnerability of the student and the potential for coercion. It is the faculty or staff member's responsibility to avoid any relationship which compromises either the student's enjoyment of the University experience or the faculty or staff member's ability to discharge the obligations of his/her employment at DePauw. In furtherance of this philosophy, DePauw prohibits sexual relationships between faculty and students, and between staff and students where the faculty or staff member has or will have a direct or indirect supervising, teaching, or evaluating relationship with the student regardless of whether the relationship is consensual.
If a complaint is initiated, even when both parties have consented to the development of such a relationship, it is the faculty or staff member, who, by virtue of his or her educational responsibility, will be held accountable for unprofessional behavior, and who is subject to disciplinary action, up to and including dismissal from employment with the University, for violation of this policy.
Complaints will be handled according to the guidelines established for other harassment complaints, as described in this Handbook. (Established as University policy effective July 1, 1999)
- Definition of Dependent
Qualified Dependents - Tuition policies and other non-healthcare related policies
A qualified dependent is:
Your legal spouse;
Any unmarried child who is your biological child, step child or legally adopted* child, or a child whom you have legal guardianship and a child for whom you (the employee) legally claims as a dependent for federal income tax purposes, and who is:
- less than 19 years old; or
- 19 years old but less than 25 years old, enrolled in school as a full-time student and primarily supported by you; or
- any age if permanently and totally disabled at any time during the year.
Qualified Dependents - Healthcare related policies
As defined in the Employee Benefit Guide as Benefit Eligible:
For Medical, Dental and Vision your qualified dependents include:
- your legal spouse;
- children to age 26;
- 19 or more years old and primarily supported by you and incapable of self-sustaining employment by reason of mental or physical disability.**
For Voluntary Dependent Life, your covered dependents include your spouse and children to age 25 provided they are full-time students.
Anyone who is eligible as an Employee will not be considered as a Dependent.
No one may be considered as a Dependent of more than one Employee.
*A child includes a legally adopted child including: (a) a child who has been placed with you for adoption provided the child is not removed from placement prior to legal adoption; or (b) a child for whom entry of an order granting custody to you has been made
** Proof of the child's condition and dependence must be submitted to our healthcare provider within 120 days after the date the child ceases to qualify above. Our healthcare provider may, from time to time, require proof of the continuation of such condition and dependence.
- DePauw Identification (I.D.) Cards
DePauw identification (I.D.) cards are issued to all regular, part-time and full-time employees and their domestic partner or dependents (as defined by DePauw’s DEFINITION OF DEPENDENT dated July 1, 1997 and/or the Internal Revenue Code). Only dependents, age 16 and over, will be issued separate I.D. cards. I.D. cards are required to gain access to some buildings on campus and are used to access various employee benefits including but not limited to: use of Lilly Center athletic facilities, admission to home athletic events, use of DePauw libraries, and receipt of discounts at the University bookstore. I.D. cards can only be issued after employees have completed withholding forms and fulfilled the requirements of Form I-9. Employees should allow up to three (3) business days for processing of paperwork before reporting to the Campus I.D. Office to receive the I.D. card(s). The Campus I.D. Office is located in the basement of the Memorial Student Union Building, 408 South Locust Street. This office may be reached at extension 4253.
- Drug-Free Workplace Policy
It is the policy of DePauw University that all employees comply with federal, state and local laws regarding drugs and alcohol while at the workplace. The University will not tolerate the unlawful manufacture, distribution, dispensing, possession, sale, or use of a controlled substance in the workplace. The workplace includes, but is not limited to, University owned buildings, grounds, vehicles, or anywhere during the workday, including breaks and lunch, with the limited exception of the use of alcohol at University-sponsored or sanctioned special events. Any employee who violates this policy is subject to disciplinary action, up to and including termination.
The University expects all of its employees to adhere to this policy to promote the overall safety, health, productivity and welfare of our workforce and the University community.
The University’s Drug-Free Workplace policy includes the following provisions:
- Several handouts regarding drug and alcohol abuse awareness are available to all employees from the Office of Human Resources. The handouts include information about the effects and dangers of drug and alcohol abuse and describes sources of counseling and other assistance for affected employees.
- If an employee is discovered to be under the influence of drugs and/or alcohol while on the job, he or she will be required to leave the premises, will be advised to seek help and will be subject to corrective action, up to and including termination.
- As a condition of employment at DePauw, employees must:
- Abide by the terms of this policy and all laws regarding drugs and alcohol.
- Notify the Office of Human Resources in writing of all convictions for criminal drug statute violations in the workplace no later than five days after the conviction.
- Each employee is expected to cooperate in the University’s good faith effort to implement this policy and maintain a drug-free workplace.
Early recognition and treatment of drug and/or alcohol abuse is important for successful rehabilitation. The University encourages the earliest possible diagnosis and treatment for substance abuse. Employees are urged to seek treatment for substance abuse problems and are reminded that treatment and counseling services are available through the Employee Assistance Program and under the University’s health insurance plans. An employee needing assistance can contact the Employee Assistance Program, or the Office of Human Resources, which will make referral.
Use of Prescription Drugs
It is expected that when taking over-the-counter or prescribed medicine which may impair performance or function that employees will establish safe levels that will not alter their physical or mental ability to perform their job safely and effectively.
It is the employee’s responsibility if he/she believes that the use of a legally obtained drug may impair job performance or safety to immediately notify his/her supervisor of the concern. An employee shall report the concern prior to starting work or as soon as the condition becomes known. The employee’s supervisor will then determine whether the employee may continue to work, needs to take a leave of absence, or if some other action is appropriate.
The University, in accordance with the Drug-Free Workplace Act of 1988 and related legislation, is committed to informing employees of the dangers of drug and alcohol abuse in the workplace through an ongoing drug-free awareness program which may include new employee orientation sessions, supervisory training and the availability of an employee assistance program.
The University also understands and commits to its responsibility to notify federal contractor(s) of any conviction of an employee for a violation of a criminal drug statute occurring in the workplace within ten (10) days of receiving notice of the conviction.
- Early Return to Work (for Work-Related Illness or Injury)
Date: August, 2011
Contact: Human Resources, x4181
The purpose of this policy is to facilitate the early return to work by providing accommodations for a staff member who has a work related illness or injury.
When an employee is injured or becomes ill due to a work-related incident, the treating physician may find it necessary to return the employee to work with medical restrictions which will impact the individual‟s ability to perform their regular job function. In such instances, the first choice for the home department/office should always be to seek to accommodate the employee by adjusting the work assignment in such a way as to permit the employee to continue to perform the regular job while operating within the restrictions. When this is not possible, the next desirable approach is for the home department/office to temporarily assign the employee to other duties which he/she can perform within the parameters of the medical restrictions.
However, in some cases, a department/office will not be able accommodate the employee in any kind of light duty assignment. In such cases, the last option available prior to taking the employee off-work completely is to temporarily loan the employee to another department/office which can accommodate the restrictions.
- Department Reviews Release to return to work documentation.Upon return from the medical appointment, the employee will present the supervisor with the release-to-return-to-work paperwork prepared by the treating physician. If this release indicates light duty is required the supervisor has the following options.
- Accommodations within regular position:Consider whether the employee‟s regular job can be temporarily modified to permit the employee to work within the restrictions.
- Accommodations cannot be met within regular position:If the restrictions cannot be met within the regular position, the supervisor will then determine if the employee can be accommodated in a special light duty assignment in their regular department.
- The employee will sign a participation form available in the Office of Human Resources indicating clear understanding of the responsibilities associated with the assignment.
- Accommodations cannot be met within the department: If restrictions cannot be met anywhere in the home department, the supervisor will send supporting documentation to the Office of Human Resources.
- Find a Host Department for Light Duty.The Office of Human Resources has on file a listing of self-identified light duty sites and will determine if any of the sites can accommodate the employee given the restrictions identified in the report.
- Arranging a Host Site.The Office of Human Resources will contact and make arrangements with a host department supervisor and follow-up with the home department supervisor if arrangements can be made. The employee and the site host supervisor will sign a participation form available in the Office of Human Resources indicating clear understanding of the responsibilities associated with the assignment.
- No suitable light duty. If no suitable light duty assignment can be found for the employee on the University campus, the employee will be placed off-work until such time as the restrictions are lifted or modified.
- Department Reviews Release to return to work documentation.Upon return from the medical appointment, the employee will present the supervisor with the release-to-return-to-work paperwork prepared by the treating physician. If this release indicates light duty is required the supervisor has the following options.
- Equal Opportunity Policy
General Statement of Policy (endorsed by the faculty September 2000, established October 2, 2000)
DePauw University, in affirmation of its commitment to excellence, endeavors to provide equal opportunity for all individuals in its hiring, promotion, compensation and admission procedures. Institutional decisions regarding hiring, promotion, compensation and admission will be based upon a person’s qualifications and/or performance without regard to race, color, creed, religion, national origin, sexual orientation, disability, age, gender, gender identity or gender expression, except where religion, gender, or national origin is a bona fide occupational qualification.
DePauw University’s goals and commitments are best served if the institution reflects the diversity of our society; hence, DePauw seeks diversity in all areas and levels of employment and abides by all local, state, and federal regulations concerning equal employment opportunities. The University admits, hires and promotes individuals upon their qualities and merits.
- Electronic Communications and Acceptable Use
The University has adopted this Policy in part to: encourage employee and student productivity; maintain the integrity and security of its network and computing resources and electronic communication systems; preserve its academic and business interests; and protect confidential information. This Policy cannot and does not provide rules and requirements to address every possible situation that may arise. However, it does provide certain minimum standards and requirements with respect to electronic communication issues. The University reserves the right to change, revise or add to this Policy at any time with such notice as it deems appropriate.
Under its Intellectual Property policy, the University has granted to faculty members the intellectual property rights to materials they have authored (articles, books, software, manuscripts, syllabi and course materials) and the results of their research. Faculty members may be required to provide copies of course materials or research protocols if needed for personnel reviews, program reviews, or campus disciplinary proceedings, including the enforcement of this or other policies. All other aspects of the University's electronic communication facilities, including all equipment and data, messages, or other information transmitted, stored or maintained on or in such facilities, are and remain at all times the property of the University, unless otherwise expressly noted in a written confirmation signed by an authorized University official. However, such ownership shall not include any such information that is in violation of any University policy, including, but not limited to, this Policy. DePauw University recognizes and honors the importance of academic freedom, and the provisions of the Policy will be enforced with respect to the teaching and research mission of the University.
1. Permissible Uses of Electronic Communication Facilities
a. Electronic communication facilities are intended to be used primarily for official University business, including employee and student academic pursuits, and employee administrative, personnel and/or business matters. However, reasonable use of University-owned or operated electronic communication facilities for non-commercial personal purposes is permitted if it does not entail a direct cost to the University, interfere with the completion of job responsibilities, impede network operations, or violate University policies, including, but not limited to this Policy. Should users make use of the electronic communication facilities to transmit personal messages, such messages shall not be treated with a higher standard of privacy than any other electronic communication. The University reserves the right to place additional restrictions on the personal use of its electronic communication facilities if necessary to conserve network resources for University purposes. Further, those using the University’s electronic communication facilities must use such facilities in a responsible and lawful manner. Unlawful use of electronic communication facilities or use of such facilities which violates any University policy, including this policy, by any user, as determined solely by University officials, will be cause for the University to deny such user further access to such facilities and may be cause for other University disciplinary action, up to and including termination from employment or expulsion.
b. Consistent with this Policy, users may use the electronic communication facilities to initiate or receive electronic communication. Users should only use their own files, those that have been designated as "public" files, or those that have been made available to them with the knowledge and consent of the owner.
c. Users shall always keep all copyright and trademark notices intact on University or third-party materials that are received or disseminated in electronic communication. An authorized University representative shall be consulted if there is any question about the form of such notice.
d. Users of electronic communication facilities in all IS facilities (including any remote sites operated by IS) must: a) fully identify themselves (e.g., by showing a University ID card or other appropriate identification) to any IS staff member or student employee who requests such ID; b) act in an appropriate manner towards other users and IS staff; and c) respect and follow all applicable rules and any notices (e.g., those concerning hours of operation) posted in IS facilities.
2. Prohibited Uses of University Electronic Communication Facilities
a. Commercial Purposes: Electronic communication facilities shall not be used for commercial purposes unrelated to the business of the University or for any commercial purpose that has not been expressly authorized by the University.
b. Other Prohibited Uses and Restrictions:
i. Electronic communication facilities shall not be used to access or transmit electronic communication which promote or contain offensive, unlawful or inappropriate content, including, but not limited to content that is slanderous, defamatory, harassing, vulgar, threatening, intimidating, offensive, or that promotes hate or violence; or which is racially inflammatory or inappropriate; or which is pornographic, or sexually offensive; or which consists of offensive comments based on gender, or any other content that denigrates or demeans persons on the basis of race, age, gender, national origin, disability, religion, sexual orientation or any basis protected by law. This prohibition shall not apply to educational and professional work that requires such access or transmission.
ii. Users should not attempt any unauthorized connection to a host using electronic communications facilities.
iii. Electronic communication facilities should not be used to transmit, copy, or store confidential information, except as authorized by University officials. Further, all users must exercise a great deal of caution in transmitting and storing confidential information due to the ease with which electronic communication may be reproduced, stored and/or redistributed. Users should be particularly cautious in using distribution lists if confidential information is being transmitted.
iv. Electronic communication facilities should not be used in any way that may infringe upon the rights of the holder of any copyright or trademark. Downloading, copying or installing software or other data that is subject to copyright, trademark or other legal protection without appropriate authorization or license is prohibited. Information Services (IS) staff will not knowingly provide support for software that a user possesses in violation of the applicable license agreement. IS staff may ask for proof of ownership before helping users with their software. IS staff will not knowingly allow infringing copies or otherwise unauthorized copies of software to be installed on electronic communications facilities and will remove any such suspect software loaded onto electronic communication facilities.
v. Electronic communication facilities shall not be used in any manner that: is contrary to the University's interests; attempts to obscure, withhold or falsify the identify of the sender; impairs the electronic communication facilities in any way; attempts to gain access to the electronic communication of third parties (unless expressly authorized by such third party or by the University); interferes with, interrupts or obstructs the ability of others to use such facilities; is not related to the performance of an employee's job responsibilities or a student's academic work; and/or is not otherwise authorized by the University.
vi. Electronic communication facilities shall not be used in violation of University policies or local, state or federal laws, rules or regulations.
vii. Users shall not abuse or vandalize any electronic communication facilities. Users are to immediately report any observed or suspected instances of abuse or vandalizing of electronic communication facilities to University officials.
viii. Users should relinquish public computing facilities that they are using if they are doing non-essential work when the computers are in heavy demand. Electronic communication facilities should not be monopolized.
c. Security/Breach of Security
i. Although the University uses various methods in an effort to secure its electronic communication facilities, the University cannot guarantee such security. Electronic communication and electronic communication facilities shall not be used to breach the electronic security of others. A breach of security includes, but is not limited to: any unauthorized attempt to compromise any electronic communication facility, including the use of network privileges, accounts, access codes, identifiers or passwords, or equipment; knowing and unauthorized interception, access, disclosure, disruption, damage, destruction or unauthorized alteration/modification of any electronic information, or electronic communication facilities, including software or hardware; and any unauthorized and intentional disruption or interference with others' use of electronic communication facilities.
ii. Users of electronic communication facilities are responsible for protecting their personal account information and/or password. Any user holding a personal account and its password is, at all times, responsible for its use and all activity originating from that account or using that password. Any attempt to determine the passwords or personal account information of others is strictly prohibited.
Although University email messages are encrypted by University systems as part of the regular transmission process, the University cannot guarantee the privacy of electronic communications, and users should not expect their use of electronic communication facilities will be private. Users who further encrypt an electronic communication must furnish the encryption key or software to the University upon request so that the University may fulfill its obligations under the provisions of this policy.
C. Monitoring and Disclosure
1. In General
The University reserves the right to monitor or disclose the content of any electronic communication sent, received or stored using electronic communication facilities. Monitoring, investigation, and examination of electronic content will only be conducted in connection with a specific event, such as the delivery of a warrant for search and seizure or other permissible events as listed in the Policy. Employees are not permitted to engage in the monitoring, investigation, or examination of electronic communication content without prior specific authorization of the Chief Information Officer as specifically permitted under the Policy. Employees do regularly monitor the performance of the University’s computing resources, and the University reserves the right to install or update files on any University-owned computer to assure the performance or security of the campus computing environment. Use of the electronic communication facilities shall be deemed to constitute consent to allow the University to exercise its rights outlined in this Policy and agreement to abide by this Policy.
2. Monitoring and Disclosure
As the owner or operator of electronic communication facilities and a private institution of higher education, the University will monitor or disclose the content of the electronic communication of users only under the following circumstances:
a. A party to the communication consents; or
b. The communication is readily accessible to the public (examples include, but are not limited to, web pages, e-mails sent to a public mailing list, or a newsgroup post); or
c. The University has an administrative need to access an e-mail, voice mail or other electronic communication or electronic communication facilities (examples include routine maintenance, backup of data, monitoring of usage patterns, troubleshooting or investigation of an excessive use of network resources that adversely affects performance or protection of the University’s rights or property); or
d. The University is furnished with reasonable information causing it to conduct a review or investigation of any electronic communication or the use of electronic communication facilities (examples include reports or evidence of hacking, identity theft, harassment, commercial card fraud). The University has sole discretion to conduct such a review or investigation under this Policy; or
e. The monitoring or disclosure occurs as a result of the University's obligations under local, state and/or federal laws, rules or regulations.
D. Retention and Archival Storage of Electronic Communications
a. Records created or stored in digital format, including electronic communication, may be subject to state or federal laws or University record-keeping policies.
2. Employee Responsibilities
Employees are responsible for copying electronic communication for storage in departmental or office files as required by law or University policy.
a. The University does not maintain centralized or distributed archives of electronic communication sent or received over its electronic communication facilities. Backups made for maintenance or troubleshooting purposes are erased at regular intervals.
b. Staff should periodically store such copies in departmental or office files for subsequent review followed by either archival storage or destruction in accordance with general University record-keeping policies.
E. Acceptance of Electronic Signature
[User] understands and agrees that by clicking the “I ACKNOWLEDGE” button the [User] is electronically signing the Request for Release of Educational Records or is authorizing specific University action and that the electronic signature is [User]’ s valid and binding signature for purposes of the Educational Records and authorization. [User] understands that: (1) All representations, information and electronic signature(s) [User] provides have the same force and effect they would have if made in non-electronic form; (2) DePauw University can and will rely on the Request for Release of Educational Records; and, (3) [User] intends to be bound to and electronically sign the Request for Release of Educational Records or other authorization by clicking the “I ACKNOWLEDGE” button. [User] further agrees that Indiana’s version of the Uniform Electronic Transactions Act (the “Act”) applies to the Request for Release of Educational Records, that the Request for Release of Educational Records is a transaction for purposes of the Act, and the [User] consents to the exclusive jurisdiction of Indiana courts in resolving any conflicts arising out of the Request for Release of Educational Records.
Violations of this Policy by any user will be cause for the University to deny such users further access to the electronic communication facilities and may result in disciplinary action, up to and including termination from employment or expulsion. In certain circumstances, violators may be prosecuted. Violations of this Policy or the alleged misuse of University electronic communication facilities should be reported to the Public Safety Office, the Human Resources Office, or the Chief Information Officer. Reports and violations will be investigated and adjudicated according to the applicable University policies and procedures. The University reserves the right to delete any electronic communication from its electronic communication facilities that violates any provision of this Policy or any other University policy.
G. Relationship to Other University Policies
This Policy is a supplement to other University policies including, but not limited to, policies governing the appropriate or acceptable use of University property and/or electronic communication facilities.
1. "Confidential information" means any information, data, documents or tangible things which contain proprietary or private information including, but not limited to information not generally known to persons outside of the University concerning students, academic or business matters, donors, alumni, financial or scholarship matters, grant matters, personnel matters, trade secrets, and/or development or business plans.
2. "Direct cost" means a cost, fee or charge assessed for a product or service provided for some purpose other than a valid University purpose (for example, unauthorized long-distance telephone charges and printing costs).
3. "Electronic communication" includes, but is not limited to, electronic mail ("e-mail"), newsgroup posts, internal or external bulletin board posts, Internet or World Wide Web pages ("web pages"), data and file transfers, voice mail, telephone and pager messages, facsimile transmissions, any other electronic communication sent, published, or received by an employee, student or guest using electronic communication facilities, and any other information transmitted, stored or maintained in or on such electronic communication facilities.
4. "Electronic communication facilities" includes, but is not limited to, all University-owned or operated: equipment, data, telephones, computers, computer networks, servers, workstations, personal computers, removable media, electronic voice mail systems, e-mail systems, pagers, facsimile machines, scanners, electronic external or internal bulletin boards, wire services, on-line services, the Internet or World Wide Web, or any other communication system or electronic technical resource provided, owned or operated by the University.
5. Monitor and “monitoring” mean to intercept, access, or inspect an electronic communication with the purpose of viewing the data contained therein. "Monitor" does not include automatic scanning of an electronic communication by network security and performance software such as a firewall, anti-virus, or packet shaper program.
6. "Employees" means any and all full- and part-time, temporary and regular University employees including, but not limited to faculty members, administrators, instructors, staff members, classified personnel and student employees who have been authorized to use the electronic communication facilities.
7. "Students" means any and all students who have paid a deposit or are currently enrolled in the University, as well as former students who have been authorized to use the electronic communication facilities.
8. "Guests" means any and all persons not directly connected to the University, but who have been authorized to use the electronic communication facilities.
9. "University authorization", “University authorized”, or authorization from the “University”, a “University official”, or “University officials” means any written or oral express permission granted by one of the following University representatives: the President, the Vice President of Academic Affairs, or the Chief Information Officer.
10. "User" means any and all employees, students and guests.
11. "IS" means University Information Services.
(January 7, 2006)
- Emergency Safety Procedures
DePauw University and our DePauw Police Department staff are committed to ensuring a safe campus environment. Although our safety initiatives and risk management measures help to keep our campus safe, unforeseen emergencies can and will occur. Emergency preparedness is the individual responsibility of all. Understanding how to prepare and respond during times of crisis will assist everyone in making clear and well informed safety decisions. It is very important to be proactive and have a personal plan for all emergencies such as fire, emergency evacuation, tornado/severe weather and other critical situations. Please ensure your personal plan is based upon the emergency action plans for the University and your residential living unit. Please review the following emergency procedures located on DePauw Police Department’s web site.
An emergency warning siren is located atop the Julian Science and Math Center. This siren is operated by the Putnam County 911 Center in the event of imminent severe weather. As with all warning signals, if you hear a warning signal outside (tornado siren), immediately proceed inside for shelter. If a warning signal is activated inside (fire alarm), please immediately evacuate the building via the closest exit to a place of safety. Another means of emergency notification from the 911 Center is through (SMS) text messaging. Student local numbers are collected through their verification form on e-services, the majority of which are cell phones. This measure allows one more level of emergency notification helping ensure comprehensive emergency alerts to our campus community.
Our DePauw Police Department and Emergency Management staff welcome the opportunity to help you better understand emergency procedures and develop individual or student organization Emergency Action Plans.
- Employee Status Definitions
All employees regardless of employment status or employee definition, are subject to all University rules and procedures.
The Department of Labor classifies employees into two categories as follows:
Nonexempt: These employees are not employed in an executive, administrative, or professional capacity and are covered by the federal minimum wage and maximum hours law. These positions are generally paid on an hourly basis.
Exempt: These employees are employed in an executive, administrative, or professional capacity and are not covered by the federal minimum wage and maximum hours laws. Other tests must be met for employees to be eligible for this category. These positions are paid on a salary basis but paying employees on a salary basis does not automatically qualify them for exempt status.
Within the Department of Labor categories, DePauw University maintains standard classifications as follows:
Full-time: Employment in an established position requiring a regular schedule of 35 to 40 hours of work per week and more than 1000 regular hours of work per fiscal year for a period of 9, 9 ½, 10, 10 ½, 11, or 12 months. Full-time employees are eligible for full participation in benefit programs.
Part-time: Employment in an established position with a regular schedule of less than 40 hours of work per week and up to 1000 regular hours per fiscal year. Part-time employees are eligible for limited participation in benefit programs.
Temporary: Employment in a job established for a specific purpose, for a specific period of time, or for the duration of a specific project or group of assignments. Temporary employees have a defined employment period that includes a beginning employment date and an ending employment date. They are limited to 1000 regular hours per fiscal year. Participation in benefit programs is limited to eligibility for worker’s compensation benefits.
On-call: Employment in a job on an “as needed” basis. On-call employees do not work a defined/regular schedule. They are limited to 1000 regular hours per fiscal year. Participation in benefit programs is limited to eligibility for worker’s compensation benefits.
Please be advised that all hours worked in all part-time, temporary, and on-call positions are combined when calculating the 1000 annual hour maximum for employees in these categories.
- Employee Title IX Policy
(Reviewed and endorsed by the President’s Cabinet, August 2020)
DePauw University is committed to providing a safe and non-discriminatory learning, living, and working environment for all members of the University community. In accordance with the provisions of Title IX of the Higher Education Amendments Act (Title IX), the University does not discriminate on the basis of sex or gender in any of its education or employment programs and activities. For more information on Title IX or to report a potential violation of Title IX, please see Title IX: Equity and Access, which includes relevant contact information for the Title IX Coordinator. If you would like to view the full Employee Title IX Policy as a PDF, please see the link at Policies, Forms, Reference Materials and Training Information.
The University does not discriminate on the basis of sex or gender in any of its education or employment programs and activities, and it does not tolerate discrimination or harassment on the basis of sex or gender. The requirement not to discriminate on the basis of sex extends to admissions and employment at the University. Title IX of the Education Amendments of 1972 (Title IX) provides, “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.” In the intervening half century since the law’s passage, federal guidance on how to implement the law have evolved to recognize that sexual harassment, including sexual assault, are forms of discrimination prohibited under Title IX. In May 2020, the U.S. Department of Education issued revised Title IX regulations which provide prescriptive procedural requirements for responding to reports and formal complaints of sexual harassment, including sexual assault, dating violence, domestic violence, and stalking. DePauw University also believes that harassment and/or violence based on gender or sex are a barrier to equal access to education. The following policy is intended to comply with current federal Title IX regulations by providing a prompt and equitable process to conduct addressed by the Title IX regulations. The policy also addresses conduct outside of the Title IX regulations that DePauw University also considers to constitute discrimination based on gender and/or sex.
The University prohibits sexual misconduct and interpersonal violence encompassing a broad spectrum of behaviors, including sexual harassment, sexual assault, dating violence, domestic violence, and stalking as defined by the Title IX regulations (collectively, Title IX Sexual Harassment). The University also prohibits retaliation against any persons who, in good faith, discloses or makes a formal complaint of sexual misconduct or interpersonal violence or who testifies, assists, or participates or refuses to participate in any manner in an investigation or resolution process under this Policy. Collectively, these behaviors are referred to in this policy as prohibited conduct. The University does not tolerate any form of sexual misconduct or interpersonal violence, and will promptly respond to any disclosure of prohibited conduct made to either the Title IX Coordinator or the University police, DePauw Police. Individuals who are found responsible for engaging in prohibited conduct in violation of this Policy are subject to disciplinary action by the University, up to and including termination. Conduct that potentially violates state law may result in a separate criminal prosecution.
The University has designated a Title IX Coordinator to oversee the implementation of this policy and to ensure compliance with Title IX and its implementing regulations, relevant portions of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), as amended by the Violence Against Women Reauthorization Act of 2013 (VAWA), Title VII of the Civil Rights Act of 1964, and other applicable law. This Policy is overseen by the Title IX Coordinator. Disclosures of prohibited conduct can be made to the Title IX Coordinator or, if the prohibited conduct is potentially a crime, reported to DePauw Police.
It is the responsibility of every member of the University community to foster an environment free from prohibited conduct. All members of the community are strongly encouraged to take reasonable and prudent actions to prevent or stop an act of prohibited conduct. This may include direct intervention when safe to do so, enlisting the assistance of others, contacting law enforcement, or seeking assistance from a person in authority. The University also encourages all members of the community to report prohibited conduct and to participate in any subsequent investigation. Community members who choose to exercise these positive responsibilities will be supported by the University and protected from retaliation.
This Policy applies to conduct committed by a University Employee when the prohibited conduct occurs in the University’s education program or activity.
The University’s Education Program or Activity includes all of the University’s operations, including: 1) locations, events, or circumstances over which the University exercises substantial control over both the Respondent and the context in which conduct occurs; and 2) any building owned or controlled by a student organization that is officially recognized by the University. The Title IX regulations, which direct the University’s response to reports of Title IX Sexual Harassment, do not draw a line between on-campus, off-campus, or online conduct, provided the conduct occurred in an Education Program or Activity in the United States. Examples include University-sponsored, University-funded or University-supported study off campus, research, internship, mentorship, summer session, conferences, meetings, social events, or other affiliated programs or premises.
Formal Complaints against University Students or Student Organizations, and the rights of Student Complainants, are addressed under the University’s Sexual Misconduct and Interpersonal Violence Policy in the Student Handbook. Other University policies (including but not limited to the Protected Class Harassment Policy, Minors on Campus Policy, and Consensual Relations Policy) address areas of University concern outside the Title IX framework.
- Key Policy Definitions
III. Key Policy Definitions
Administrator: Employees who are part of University leadership at the cabinet level or who serve in the capacity of assistant/associate vice president (or similar title) over an operational area of the University.
Advisor: an individual who provides the Complainant or Respondent support, guidance or advice. An Advisor may be any person, including an attorney. The University discourages having a Witness serve as an Advisor.
Coercion: unreasonable pressure to participate in an activity that is sufficient to overcome an individual’s freedom of will whether to voluntarily consent to participate in the activity. Additional guidance about Coercion can be found in Section VIII.
Complainant: the individual who reportedly experienced prohibited conduct, regardless of whether the individual makes a Formal Complaint or participates in an investigation of prohibited conduct.
Confidential Resource: individuals who have the legally-protected ability to maintain the confidentiality of a disclosure. Additional guidance about Employee disclosure responsibilities can be found in Section IV.
Consent: Clear, knowing and voluntary agreement to participate in sexual activity. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as Consent, and relying on nonverbal communication alone may not be sufficient to establish consent. Additional guidance about Consent can be found in Section VIII.
Decision Panel: the panel of decision-makers that reviews evidence, determines responsibility for Policy violations, and decides appropriate disciplinary action.
Decision Panel Meeting: the meeting during which the Decision Panel hears live testimony from parties and Witnesses, including questioning from the Decision Panel and Advisors, in order to determine credibility of evidence.
Designated Employees: University employees who are required to immediately disclose all details of prohibited conduct of which they become aware to the Title IX Coordinator. Additional guidance about employee disclosure responsibilities can be found in Section IV.
Employee: all individuals employed by DePauw University regardless of employment status or employee definition. Employees include 1) all part-time, full-time, term, interim, temporary, or on-call employees; 2) exempt and non-exempt employees; and 3) faculty, staff, student employees (for conduct committed in their role as an employee only), and administrators.
Formal Complaint: a document filed by a Complainant or signed by the Title IX Coordinator alleging prohibited conduct against a Respondent and requesting that the University investigate the conduct. Formal Complaints may be made for conduct that is prohibited in Section VII of this Policy.
Incapacitation: a state where a person is unable to give consent because they are temporarily or permanently incapable of appraising or controlling their own conduct, physically unable to verbally or otherwise communicate consent or unwillingness to an act, asleep, unconscious, or unaware that sexual activity is occurring. Additional guidance about Incapacitation can be found in Section VIII.
Interpersonal Violence: dating violence, domestic violence, and stalking, as those terms are defined in Section VII of the Policy.
Intimidation: communicating a threat to another person such that a reasonable person in such a circumstance would be placed in fear.
Respondent: the Employee who has been accused of prohibited conduct.
Student: any person pursuing studies at the University, including: (a) a person who is enrolled; (b) a person who is not currently enrolled, but who was enrolled at the time of the alleged violation; (c) a person who, while not currently enrolled, has been enrolled in the University and may reasonably be expected to seek enrollment at a future date; or (d) an accepted student who has paid a deposit.
Student Organization: a group consisting of a number of students who have followed the University requirements for recognition.
Supportive Measures: non-disciplinary, non-punitive individualized services designed to restore or preserve equal access to the University’s education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or deter prohibited conduct.
Title IX Coordinator: the University Employee who coordinates the University’s compliance with Title IX and administers this Policy, including receiving and reviewing disclosures and Formal Complaints under this Policy, implementing Supportive Measures and Protective Measures, overseeing the Title IX Process (investigations, adjudications, and sanctioning); ensuring appropriate education and training for students and Employees; and ensuring appropriate action to eliminate, prevent, and address prohibited conduct.
Violence: the use, attempted use, or threatened use of physical force against the person or property of another.
Witness: any individual other than a Complainant or Respondent who provides evidence regarding a Formal Complaint.
- Disclosures, Confidentiality, and Preservation of Evidence
IV. Disclosures, Confidentiality, and Preservation of Evidence
DePauw strongly encourages anyone who experiences or Witnesses prohibited conduct to talk with someone promptly about what happened and disclose the conduct to the University so that they can get any support they need and so DePauw can respond appropriately. Section XVII of this policy identifies community and campus resources, including emergency resources, medical resources and Confidential Resources.
Options for Disclosing or Seeking Assistance:
A Complainant or Witness may choose to:
Seek assistance from a Confidential Resource (see below), who will not report the disclosure to the Title IX Coordinator;
Disclose incidents of conduct prohibited under this Policy directly to the Title IX Coordinator or a Designated Employee (see below), who is obligated to report the disclosure to the Title IX Coordinator;
Report incidents of conduct that may violate state law to DePauw Police (the University’s police department), who are obligated to report the disclosure to the Title IX Coordinator, or to another appropriate external law enforcement agency.
A Complainant or Witness may make a disclosure to the University, report to law enforcement, to neither, or to both. The Title IX Process and law enforcement investigations operate independently of one another, although the University will coordinate information with DePauw Police where the Complainant or Witness has elected to report to law enforcement or as otherwise required by law.
Privacy and Confidentiality:
The University is committed to protecting the privacy of all individuals involved in a disclosure of prohibited conduct under this Policy. Except as otherwise permitted by law, as required to conduct an investigation or Decision Panel Meeting under this Policy, and as required in an external legal proceeding, the University will not share the identity of a Complainant, Respondent or Witness. The University will also maintain as confidential any Supportive Measures provided to the Complainant, to the extent that maintaining such confidentiality would not impair the University’s ability to provide the Supportive Measures. All Employees who are involved in the University’s response to harassment and discrimination, including the Title IX Coordinator, investigators and adjudicators, receive specific training and guidance about safeguarding private information, including the protections set forth in Title IX, the Clery Act and Family Educational Rights and Privacy Act (“FERPA”). The University is precluded by law from restricting the parties’ ability to discuss the allegations under investigation or to gather and present relevant evidence, although the University may encourage privacy to maintain the integrity of the investigation.
Privacy and confidentiality have distinct meanings under this Policy.
Privacy: refers to the discretion that will be exercised by the University in the course of any investigation or disciplinary processes under this Policy. Information related to a disclosure of prohibited conduct will be handled discreetly and shared with a limited circle of University Employees or designees who need to know in order to assist in the assessment, investigation, and resolution of the disclosed conduct and related issues.
Confidentiality: refers to the statutory protections provided to individuals who disclose information in legally-protected or privileged relationships, including professional mental health counselors, medical professionals, and ordained clergy (Confidential Resources). These Confidential Resources must maintain the confidentiality of communications disclosed within the scope of the provision of professional services. Confidential Resources will not disclose protected information unless: 1) given permission by the patient/client; 2) there is an imminent threat of harm to self or others; 3) the conduct involves suspected abuse of a minor under 18 year of age; or, 4) as otherwise required or permitted by law or court order. Similarly, medical and counseling records cannot be released without the individual's written permission or unless permitted or required consistent with ethical or legal obligations.
Employee Disclosure Responsibilities:
Different University employees have different abilities to maintain information as confidential. Confidential Resources, as defined below, are not required to share any information with the Title IX Coordinator. Other University employees, referred to as Designated Employees, are required to immediately share with the Title IX Coordinator all known information, including the identities of the parties, the date, time and location, and any details about the disclosed incident with the Title IX Coordinator. Employees with reporting obligations will only share the disclosure with the Title IX Coordinator (and no other administrators) unless otherwise required by law. The report of a disclosure to the Title IX Coordinator does not obligate a Complainant to take any action or participate in any process unless they voluntarily choose to do so.
Seeking Assistance from a Confidential Resource:
A Complainant or Witness may seek assistance from an individual who has the legally protected ability to maintain the confidentiality of the conversation, identified above as Confidential Resources. University Employees who are Confidential Resources include ordained clergy acting in a pastoral care capacity. University Employees may consult Confidential Resources through their employment benefits or otherwise whom they may use for support and guidance, regardless of whether they make a disclosure to the University or participate in a University investigation. Complainants can reach the Center for Spiritual Life at 765-658-4615.
Designated Employees include all faculty and staff who are not otherwise Confidential Resources.
Designated Employees may provide support and assistance to a Complainant, a Witness, or a Respondent, but because of their roles at the University, they cannot promise confidentiality or anonymity or withhold information from the Title IX Coordinator about prohibited conduct which is disclosed to them in the course of their employment. Some Employees, because of the nature of their positions, may also be required to report to the Title IX Coordinator disclosures of prohibited conduct of which they learn even outside of the scope of their employment. Employees with these enhanced reporting obligations include all administrators, department chairs and program directors, supervisors, human resources staff, DePauw Police personnel, and Campus Security Authorities.
Even when information is shared by a Designated Employee with the Title IX Coordinator, the Complainant retains the discretion to choose whether to file a Formal Complaint. In some instances, the Title IX Coordinator may file a Formal Complaint on behalf of a Complainant. Where a Complainant requests to maintain their anonymity, or not to pursue an investigation, the Title IX Coordinator will determine whether the Complainant’s request can be honored as described further below.
Disclosing Prohibited Conduct to the Title IX Coordinator:
DePauw strongly encourages Complainants and third-parties to immediately disclose incidents of prohibited conduct to the Title IX Coordinator. An individual does not need to know whether they wish to request any particular course of action or how to label what happened in order to disclose an incident of prohibited conduct. A Complainant is advised to seek immediate medical treatment and preserve physical evidence following an incident of prohibited conduct even if they have not decided whether they wish to disclose the incident or make a Formal Complaint with the University. When a disclosure is made to the University, the Complainant will receive written notification about Supportive Measures and resources within the University and community. The University will make reasonable efforts to respond to disclosures of prohibited conduct, regardless of how the information was brought to the University's attention or the extent to which the Complainant wishes to participate or be involved. An individual may disclose prohibited conduct in person, by telephone, or online as follows:
Timeframe for Disclosing:
Complainants and other disclosing individuals are encouraged to disclose any violation of this Policy as soon as possible in order to maximize the University's ability to respond promptly and effectively. There is no time limit for disclosing; an individual may disclose prohibited conduct under this Policy at any time without regard to how much time has elapsed since the incident(s) in question. If at the time of disclosure, the Complainant is not participating in, or seeking to participate in, the University’s Education Program or Activity, the ability to file a Formal Complaint may be limited. If the Respondent is no longer actively employed at the time of the disclosure, the University may not be able to take disciplinary action against the Respondent. In all reports of prohibited conduct, however, the University will still seek to provide reasonably available Supportive Measures for the Complainant, and take steps, as available and appropriate, to address the concerns raised. In addition, the University will assist the Complainant in identifying and contacting law enforcement and other external enforcement agencies.
Reporting Potential Criminal Conduct to Law Enforcement:
A Complainant has the right to report, or decline to report, potential criminal conduct to law enforcement. The University will upon request assist a Complainant in contacting law enforcement at any time, including during a Title IX Process. Under limited circumstances that are deemed to pose a threat to the health or safety of any University community member, the University may independently notify law enforcement.
If a criminal complaint is made, it must proceed via the county, state, or federal criminal justice system with jurisdiction over the conduct. DePauw Police Officers are fully sworn law-enforcement officials and may take reports and complete criminal investigations. Employees interested in filing criminal charges may also seek assistance directly from other law enforcement agencies. DePauw Police can assist the Complainant with the involvement of local police. The filing of criminal charges does not preclude pursuing the administrative Title IX process.
In instances where a criminal complaint is made against a current Employee, and where the conduct occurs on campus or elsewhere within the United States as part of the University’s Education Program or Activity, a concurrent Title IX Process will also commence where a Formal Complaint is filed by the Complainant or signed by the Title IX Coordinator. DePauw Police investigators will share available information with the Title IX Office to aid in the administrative process.
Definitions of crimes involving sexual or interpersonal violence under the Indiana Criminal Code can be found here:
An individual can make a disclosure of conduct prohibited under this Policy to the University without disclosing one’s name at http://www.depauw.edu/studentacademiclife/title-ix/report-an-incident-of-sexual-misconduct or by calling the Campus Conduct Hotline at (866) 943-5787. Depending on the level of information available about the incident or individuals involved, the University’s ability to respond to or investigate an anonymous disclosure may be limited.
Preservation of Evidence:
It is important to preserve all evidence related to any disclosure of prohibited conduct, including but not limited to letters, notes, emails, text messages, social media posts, and/or voicemails. Employees should comply with any University directive issued regarding document holds or other preservation of evidence contained within University information technology systems or physical facilities that could be relevant to a Formal Complaint. Employees are encouraged to seek prompt medical attention in cases of sexual assault and to preserve all evidence of the incident.
Campus Security Authorities (CSA) include members of DePauw Police or other individuals who have responsibility for campus security, as well as other individuals to whom students or Employees may disclose crimes, as well as individuals who have significant responsibility for student campus activities. They are all required to share nonidentifiable information for consideration of Timely Warnings and inclusion in crime statistic data.
Any disclosure of alleged sexual assault or interpersonal violence shall be included in crime statistics in accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act). These statistics will be made without disclosing the names of either the Complainant or the Respondent. If the University determines that matters of public safety are involved, the University may disclose the name of an Employee who has been reasonably deemed to pose an active threat to the campus in Timely Warning or Emergency Notifications if this information is necessary to address that threat.
- Supportive Measures
V. Supportive Measures
Supportive Measures are non-disciplinary, non-punitive individualized services designed to restore or preserve equal access to the University’s Education Programs or Activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or deter prohibited conduct.
Supportive Measures are offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent. Supportive Measures are available to the Complainant regardless of whether the Complainant makes a Formal Complaint. The options for Supportive Measures will be discussed upon receipt of a disclosure and will be outlined in writing. Supportive Measures are also available to a Respondent. Examples of Supportive Measures that may be implemented include, but are not limited to:
issuing mutual no-contact directives to each of the parties;
assisting in requesting a criminal restraining order;
rearranging work schedules or spaces if available;
assisting with local law enforcement; and,
adjustments to job responsibilities.
The availability of Supportive Measures will be determined by the specific circumstances of each disclosure. The University will consider a number of factors in determining which measures to take, including:
the needs of the Employee seeking Supportive Measures;
the severity or pervasiveness of the disclosed conduct;
any continuing or disproportionate effects on the Complainant;
whether the Complainant and the Respondent share the same job location(s); and,
whether judicial measures have been taken to protect the Complainant (e.g., protective orders).
The University will work in good faith to implement the requirements of judicially issued protective orders and similar orders, to the extent that doing so is within its authority.
Any Supportive Measures will not disproportionately impact the other party. Requests for Supportive Measures may be made to the Title IX Coordinator. The Title IX Coordinator is responsible for ensuring the implementation of Supportive Measures and coordinating the University's response with the appropriate offices on campus. The Title IX Coordinator has the discretion to provide and/or modify any Supportive Measure based on all available information and is available to meet with a Complainant or Respondent to address any concerns about the provision of Supportive Measures. The University will maintain the confidentiality of any Supportive Measures provided under this policy to the extent practicable and will promptly address any violation of Supportive Measures.
Emergency Removal and other Restrictive Forms of Supportive Measures:
In contrast, other forms of Supportive Measures may involve more restrictive actions. Such Supportive Measures, listed below, are typically only available when the University has an articulable factual foundation that would support the taking of a restrictive measure against a Respondent prior to the conclusion of the investigation or in lieu of an investigation. More restrictive Supportive Measures may include:
Unilateral no-contact directives
Unilateral No Contact Directive: At times it becomes necessary to restrict an Employee’s privileges and/or prohibit contact with specified individuals, or specific locations, by issuing a “no contact” directive. This directive is issued when it is believed necessary to protect a person’s safety and preserve a peaceful environment for all students and Employees to work, study and live on campus. Violation of a “no contact” directive issued in relation to a violation of this Policy is considered violation of this Policy and may result in University action that could include paid or unpaid interim administrative leave from the University.
Emergency removal: The University may remove a Respondent from the University’s Education Program or Activity on an emergency basis, provided that the University undertakes an individualized safety and risk analysis, and determines that an immediate threat to the physical health or safety of any student, Employee, or other individual arising from the disclosed misconduct justifies such measures.
During any emergency removal, the Respondent may be denied access to the campus and/or placed on paid or unpaid administrative leave. Specific details of the emergency removal will be outlined in written communication to the Employee.
Challenging a Restrictive Supportive Measure: Upon receipt of notice of a restrictive Supportive Measure, a Respondent may challenge the decision in writing to the Vice President for Finance and Administration or their designee. Upon review of the challenge, the Vice President or their designee may continue the Supportive Measure for a designated period, may determine conditions for the termination of the Supportive Measure, or take any other action in the best interest of the University. If the Supportive Measure is upheld after the Respondent’s challenge, it shall be reviewed periodically by the Vice President or their designee to determine whether there is a continuing threat to health or safety that warrants the Supportive Measure’s continuation.
All individuals are encouraged to disclose to the Title IX Office any concerns about the failure of another to abide by any restrictions imposed through Supportive Measures. In the event of an immediate health or safety concern, individuals should contact 911 immediately. The University will take immediate action to enforce a previously implemented Supportive Measure, and disciplinary penalties can be imposed for failing to abide by a University-imposed Supportive Measure.
The Title IX Coordinator will create and maintain records of any Supportive Measures offered and provided; the Title IX Coordinator must also maintain records regarding any decision not to provide Supportive Measures.
- Rights of Employees
VI. Rights of Employees
DePauw strives to ensure that all Employees, whether Complainants or Respondents, are afforded the following rights:
To be treated respectfully and equitably by University Employees and officials.
To receive a prompt, fair, and impartial resolution process.
To have disclosures responded to promptly and sensitively, which may include the provision of Supportive Measures and/or an investigation following a Formal Complaint.
To have a Formal Complaint investigated appropriately, and addressed competently by trained individuals free from conflict of interest or bias.
To have a support person or Advisor of one’s own choosing present during any meetings concerning this Policy, including the review of the case file and Decision Panel Meeting.
To have an Advisor provided at the Decision Panel meeting if the party does not have an Advisor.
To obtain assistance in requesting a criminal restraining order from the State if so desired.
To receive assistance from University officials and staff with any Supportive Measures if such measures are reasonable and requested.
To receive timely notice of a Formal Complaint and of any meetings concerning this Policy at which their presence will be requested or required, including sufficient details to prepare for such meeting.
To be promptly notified, in writing, of decisions related to the investigation and determination regarding responsibility to the extent permitted by the law, regardless of whether or not one participates in the process.
To have irrelevant prior sexual history and legally privileged information (unless waived by the person holding the privilege) be made inadmissible during any process to determine responsibility for prohibited conduct.
To discuss the disclosed conduct under investigation with others to gather relevant evidence, to present witnesses and other evidence, and to ask relevant questions of the other party or Witnesses through their Advisor, during any Decision Panel Meeting.
To have an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence – and to have credibility determinations made without consideration of a person’s status as a Complainant, Respondent, or Witness during any process to determine responsibility for prohibited conduct.
To receive timely and equal access to all evidence obtained as part of an investigation that is directly related to the disclosed conduct, regardless of whether the information will be relied on in reaching a determination regarding responsibility.
To appeal the dismissal of a Formal Complaint or the outcome of an adjudication.
To decline to answer some or all questions posed by an Investigator, Decision Panel member, or Advisor, with the qualification that such refusal to answer during a Decision Panel Meeting may impact the ability of the Decision Panel to consider any of their statements in making their determination on responsibility.
To be free from any form of retaliation by members of the University community.
Complainants also have the following rights:
To not be discouraged from disclosing to the University or reporting to law enforcement, whether on-campus or off-campus, and to be supported by University Employees or officials in so doing.
To meet with the Title IX Coordinator to discuss the availability of Supportive Measures and the process for filing a Formal Complaint, to have their wishes considered with respect to Supportive Measures, and to receive reasonably available Supportive Measures with or without the filing of a Formal Complaint.
To submit a written statement to be considered by the Decision Panel when determining sanctions, indicating the impact the disclosed conduct has had on them and hopes they may have for disciplinary action assigned to the Respondent.
Respondents also have the following rights:
To be presumed not responsible for the disclosed conduct until a determination regarding responsibility is made at the conclusion of a Title IX Process.
To submit a written statement to be considered by the Decision Panel when determining disciplinary action, indicating any factors they would like the Decision Panel to take into consideration in imposing disciplinary action, if the Decision Panel finds the Respondent responsible for violating the Policy.
- Prohibited Conduct
VII. Prohibited Conduct
This Policy prohibits Sexual Harassment as defined in the Title IX regulations, which includes Sexual Assault, Dating Violence, Domestic Violence, and Stalking (collectively, Title IX Sexual Harassment), and Retaliation. Conduct under this Policy is prohibited regardless of the sexual orientation, gender, gender identity, or gender expression of the Complainant or Respondent. The University prohibits the following conduct:
Sexual Harassment: (A) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies the Complainant equal access to the University’s education program or activity; or (B) An Employee of the University conditioning the provision of an aid, benefit, or service of the University on a Complainant’s participation in unwelcome sexual conduct.
- Sexual Assault: Having or attempting to have sexual contact with another individual without consent or where the individual cannot consent because of age or temporary or permanent mental incapacity (see below for definition of consent and incapacitation).  Sexual contact includes:
- sexual intercourse (anal, oral, or vaginal), including penetration with a body part (e.g., penis, finger, hand, or tongue) or an object, or requiring another to penetrate themselves with a body part or an object, however slight; or
- sexual touching of the private body parts, including, but not limited to, contact with the breasts, buttocks, groin, genitals, or other intimate part of an individual’s body for the purpose of sexual gratification.
- Dating Violence: Violence committed by a person—
- who is or has been in a social relationship of a romantic or intimate nature with the victim; and
- where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.
- Domestic Violence: felony or misdemeanor crimes of Violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
- Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
- fear for his or her safety or the safety of others; or
- suffer substantial emotional distress.
- Retaliation: Conduct against an individual for the purpose of interfering with any right or privilege secured under Title IX, or because the individual has made a disclosure or complaint, testified, assisted, or participated or refused to participate in any manner in a Title IX Process. Retaliation includes intimidation, threats, coercion, or discrimination for the purpose of interfering with any right or privilege secured by Title IX. The exercise of rights protected under the First Amendment does not constitute Title IX Retaliation. A good-faith pursuit by either party of civil, criminal or other legal action does not constitute Title IX Process Retaliation.
 The statutory definition of sexual assault referenced by the Title IX regulations also includes having or attempting to have sexual contact between persons who are related to each other within the degrees where marriage is prohibited by law.
- Statement on Consent and Incapacitation
VIII. Statement on Consent and Incapacitation
Consent is clear, knowing, and voluntary agreement to participate in sexual activity. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding a willingness to engage in (and the conditions of) sexual activity. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent, and relying on nonverbal communication alone may not be sufficient to establish consent.
Consent to any one form of sexual activity does not automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent do not imply consent to future sexual acts. Even in the context of a relationship, there must be mutual consent to engage in sexual activity each time it occurs. Consent to engage in sexual activity with one person is not consent to engage in sexual activity with any other person.
When it is unclear whether someone consents to activity, it is the responsibility of the person who initiates the activity to ensure that their partner clearly communicates consent. To continue to engage in sexual activity without consent from their partner is a violation of this Policy.
Consent can be withdrawn by either party at any point. Once consent is withdrawn, the sexual activity must cease immediately.
Consent must be mutually understandable. That is, a reasonable person would have to consider the words or actions of the parties to indicate that there was a clear agreement to engage in the given activity with each other at the same time.
Consent cannot be obtained through force, coercion, or taking advantage of another person’s 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 coercion that overcome resistance or produce consent. Note: There is no requirement that a party actively resist the sexual advance or request, but resistance is a clear demonstration of non-consent. Sexual activity that is forced is by definition nonconsensual, but lack of physical force or coercion does not indicate consent.
Coercion is unreasonable pressure for sexual activity that is sufficient to overcome an individual’s freedom of will whether to voluntarily consent to participate in the sexual activity. Coercive conduct includes intimidation and express or implied threats of immediate or future physical, emotional, reputational, financial or other harm to the Complainant or other that would reasonably place an individual in fear and that is employed to compel someone to engage in sexual activity.
Consent cannot be given by minors, by mentally disabled persons, or by otherwise physically or mentally incapacitated persons. Consent cannot be gained by taking advantage of the incapacitation of another, where the person initiating sexual activity knew or reasonably should have known that the other was incapacitated.
Incapacitation is the inability, temporarily or permanently, to give consent because an individual is incapable of appraising or controlling their own conduct, physically unable to verbally or otherwise communicate consent or unwillingness to an act, asleep, unconscious, or unaware that sexual activity is occurring. People who are unconscious, asleep, unaware the sexual activity is occurring, incapacitated as a result of alcohol or drugs (whether consumed voluntarily or involuntarily), or who are physically or mentally incapacitated cannot give consent.
Incapacitation is an important and specific concept. Incapacitation means that a person lacks the ability to make informed, rational judgments about whether or not to engage in sexual activity. A person who is incapacitated is incapable of recognizing what is going on around them. An incapacitated person is not able to recognize the sexual nature or extent of the situation they are in. To engage in sexual activity with a person one knows or should know is incapacitated is a violation of this Policy.
When alcohol or other drugs are involved, incapacitation is a state beyond drunkenness or intoxication. A person is not necessarily incapacitated merely as a result of drinking or using drugs; the level of impairment must be significant enough to render the person unable to give consent. The impact of alcohol and other drugs varies from person to person, and a person’s level of intoxication may vary based upon the nature and quality of the substance imbibed, the person’s weight, tolerance, ingestion of food and other circumstances. A person’s level of impairment may also change rapidly.
In evaluating consent in cases of potential 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.
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, typical signs often include slurred or incomprehensible speech, unsteady manner of walking, combativeness, emotional volatility, vomiting, or incontinence. 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 whom you are with?”
One should be cautious before engaging in sexual activity when a party has been drinking alcohol or using drugs. The use of alcohol or other drugs may impair a party’s ability to determine whether consent has been sought or given. If one has doubt about a party’s level of intoxication, the safe thing to do is to forego all sexual activity. A Respondent’s intoxication will not excuse the Respondent from the obligation to obtain consent as described in this Policy.
- Overview of the Title IX Process
IX. Overview of Title IX Process
The Title IX Process is an administrative process that is informed by Title IX and the relevant provisions of VAWA. The Title IX Coordinator provides oversight of a prompt, fair, and equitable process in both cases. While the parties involved have certain procedural rights, the procedures described are not intended to constitute legal proceedings.
The Title IX Process is described in greater detail in Section XI below. The University utilizes this decision model in which the Title IX Coordinator, or their designee, investigates and the Decision Panel resolves Formal Complaints of prohibited conduct and any other related violations. The Decision Panel shall use the designated process described in the subsequent section to determine facts and responsibility for the disclosed conduct and any applicable sanctions.
Upon receiving notice of prohibited conduct, the Title IX Coordinator will conduct an initial assessment by promptly contacting the Complainant to address any immediate physical safety and emotional support needs, discuss the availability of Supportive Measures, consider the Complainant’s wishes with respect to Supportive Measures, inform the Complainant of the availability of Supportive Measures with or without the filing of a Formal Complaint, provide a copy of the Policy, and explain to the Complainant their rights under the Policy (see Section VI) and their options for addressing the prohibited conduct, including both formal and informal resolution and the process for making and resolving a Formal Complaint. The Complainant may request Supportive Measures only, or may make a Formal Complaint. Alternatively, as described below, the Title IX Coordinator may determine that it is appropriate to file a Formal Complaint even in the absence of a Formal Complaint filed by a Complainant. After the filing of a Formal Complaint, the Complainant may decide to seek either formal or informal resolution. A Complainant is always entitled to reasonably available Supportive Measures, regardless of whether a formal or informal resolution process is initiated. As part of the initial assessment, the Title IX Coordinator will be responsible for determining whether the disclosed conduct falls within the scope of the Policy and which resolution options are appropriate. If the disclosed conduct falls within the scope of the Policy, the University may move forward with an informal resolution, Title IX Process, or University Process, as appropriate. If not, the University may be required to dismiss any Formal Complaint received. If the disclosed conduct does not fall within the scope of the Policy, the Title IX Coordinator may forward information regarding the disclosed conduct to other appropriate individuals within the University for appropriate handling as outlined below.
Required and optional dismissals and commencement of a formal Title IX Process or University Process are described in Section XI below.
The University will seek to complete the Initial Assessment as promptly as possible, typically within ten (10) business days. There may be circumstances, however, where the Initial Assessment takes longer based on the availability of the Complainant or other necessary information, the need to gather additional information, or other factors outside of the University’s control. The University also understands that a Complainant may need additional time to make decisions regarding their options, which may impact the timing of the conclusion of the Initial Assessment.
The Title IX Office will document each report or request for assistance, including requests for supportive measures, as well as the response to any such report or request; and will review and retain copies of all reports generated as a result of any investigation. The University will maintain the records in accordance with the provisions of Section XV below.
Requests for Anonymity and Process Options:
Even when choosing to disclose prohibited conduct, a Complainant may request that their name or other personally-identifiable information not be shared with the Respondent, that no Formal Complaint or investigation be pursued, or that no disciplinary action be taken. In these instances, before taking any further investigative steps, the Title IX Coordinator will discuss the Complainant’s concerns and seek to address and remedy barriers to disclosing or participation in a process to address the prohibited conduct. The University will balance any request for anonymity with its obligation to provide a safe and nondiscriminatory environment for all members of the DePauw community. The Title IX Coordinator will evaluate the risk to public or individual safety, will provide Supportive Measures and timely warnings to address those issues, and may choose to file a Formal Complaint in the Title IX Coordinator’s name and proceed with the Title IX Process with or without the participation of the Complainant. The Title IX Coordinator will balance the Complainant’s request for anonymity and/or that no Formal Complaint or investigation be pursued against the following factors in reaching a determination whether the request can be honored:
The totality of the known circumstances;
The nature and scope of the alleged conduct, including whether the disclosed behavior involves the use of a weapon;
The respective ages and roles of the Complainant and Respondent;
The risk posed to any individual or to the campus community by not proceeding, including the risk of additional violence;
Whether there have been other disclosed incidents of prohibited conduct or other misconduct by the Respondent;
Whether the disclosed incident reveals a pattern of misconduct related to prohibited conduct (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group;
The Complainant’s interest in the University’s not pursuing an investigation or disciplinary action and the impact of such actions on the Complainant;
Whether the University possesses other means to obtain relevant evidence;
Fairness considerations for both the Complainant and the Respondent;
The University’s obligation to provide a safe and non-discriminatory environment; and
Any other available and relevant information.
The Title IX Coordinator will consider what other steps may be possible or appropriate when the Respondent is unknown or the Complainant requests anonymity, and what other measures or remedies might be considered to address any effects of the disclosed behavior on the campus community. The Title IX Coordinator will make a determination regarding the appropriate manner of resolution under the Policy. The University will seek resolution consistent with the Complainant’s request, if it is possible to do so, based upon the facts and circumstances, while also protecting the health and safety of the Complainant and the University community.
Where the Title IX Coordinator determines that a Complainant’s request(s) can be honored, including a request for Supportive Measures only, the University may nevertheless take other appropriate steps to respond to the disclosed conduct and seek to prevent recurrence or remedy its effects on the Complainant and the University community. In addition to Supportive Measures for the Complainant, those steps may include providing targeted training and prevention programs, and/or providing or imposing other remedies. The Title IX Coordinator may later reconsider disclosed conduct and institute action under this Policy if any new or additional information becomes available, and/or if the Complainant subsequently decides that they would like to make a Formal Complaint.
In those instances when the Title IX Coordinator determines that the University must proceed with an investigation despite the Complainant’s request that it not occur, the Title IX Coordinator will notify the Complainant that the University intends to initiate a Formal Complaint and investigation, but that the Complainant is not required to participate in the investigation or in any of the proceedings or actions taken by the University.
The University’s ability to fully investigate and respond to alleged prohibited conduct may be limited if the Complainant requests anonymity or declines to participate in an investigation. The University will, however, pursue other steps to limit the effects of the potential prohibited conduct and prevent its recurrence. In all cases, the final decision on whether, how, and to what extent the University will make a Formal Complaint and conduct an investigation, and whether other measures will be taken in connection with disclosed prohibited conduct, rests solely with the Title IX Coordinator.
Obligation to Provide Truthful Information
DePauw takes disclosures of sexual harassment, including sexual assault and interpersonal violence, seriously. Disclosures that are made in good faith, whether the outcome results in a finding of responsibility or not, are not considered to be false reports. However, if a Complainant, Respondent, Witness, or third party who discloses a violation of this Policy is later found to have intentionally misled or made false claims of prohibited conduct under this Policy, they may be subject to disciplinary action under the Employee Guide.
Standard of Proof:
The standard for determining responsibility is a preponderance of evidence (more likely than not that the disclosed conduct happened). If a Respondent is found responsible by the Decision panel for a violation of the Employee Title IX Policy, the Decision Panel will determine disciplinary action for the University to issue.
The University will proceed with the Title IX Process in a timely manner, and will seek to complete the process (from initial assessment through disciplinary action, not including any appeal that is filed by a party) in approximately seventy-five (75) calendar days following the notice of allegations provided after receipt of the Formal Complaint. This Policy designates reasonably prompt time frames for the major stages of the Title IX Process, but the University may extend any time frame in this Policy for good cause, including extension beyond 75 calendar days. An extension may be required for good cause to ensure the integrity and thoroughness of the investigation; to comply with a request by law enforcement; in response to accommodate the unavailability of the parties or Witnesses; accommodate delays by the parties; or for other legitimate reasons, including but not limited to the complexity of the investigation, the need for language assistance or accommodation of disabilities, and the severity and extent of the alleged misconduct. While requests for delays by the parties may be considered, the University cannot unduly or unreasonably delay the prompt resolution of a Formal Complaint under this policy. The University will notify the parties in writing of any extension of the timeframes for good cause and the reason for the extension.
Although cooperation with law enforcement may require the University to temporarily suspend the fact-finding portion of an investigation under this Policy, the University will promptly resume its investigation as soon as it is notified by the law enforcement agency that the agency has completed the evidence gathering process. The University will not, however, wait for the conclusion of a criminal proceeding to begin its own investigation and, if needed, will take immediate steps to provide appropriate Supportive Measures.
It is the policy and practice of the University to provide reasonable accommodations related to the Title IX Process for Employees with officially documented restrictions as a result of a disability. It is the responsibility of the Employee to inform the Title IX Coordinator of their need for an accommodation, provide documentation of their restrictions as a result of a disability from Human Resources, and request the accommodation that they need. Employees may be required to sign a waiver of confidentiality to allow the Title IX Coordinator to communicate with Human Resources regarding the reasonableness of the requested accommodations and other potential alternatives to the requested accommodation. Accommodations are not retroactive.
- Informal Resolution
X. Informal Resolution
Informal Resolution is a voluntary process that may result in the parties and the University agreeing on a resolution of the allegations of a Formal Complaint in lieu of an investigation and/or adjudication under the Title IX or University Process. Where the parties agree to consider an Informal Resolution and the Title IX Coordinator concludes that it may be appropriate, the University will work with the Complainant and Respondent to craft an Informal Resolution process based on the unique circumstances of the parties and the disclosed prohibited conduct. Both parties must agree to the Informal Resolution process voluntarily and in writing. An Informal Resolution may be requested at any time between the making of a Formal Complaint and the commencement of a Decision Panel Meeting to determine responsibility. Informal Resolution will not be permitted to resolve reports of an Employee engaging in Title IX Sexual Harassment against a Complainant who is a Student.
Potential elements of an Informal Resolution include but are not limited to targeted or broad-based educational programming or training, supported direct confrontation of the Respondent through restorative justice or mediation practices, and/or indirect action by the Title IX Coordinator. Measures designed to maintain the Complainant’s access to the educational and employment activities of the University and to eliminate a potential hostile environment may also be included regardless of whether they disproportionately impact the Respondent, if agreed to by the parties. An Informal Resolution does not necessarily involve the Respondent admitting to a Policy violation or taking disciplinary action against the Respondent; however, the parties may agree on a resolution that includes such elements. Likewise, although relevant information disclosed during an Informal Resolution is not necessarily excluded from any subsequent Title IX Process, the parties may agree on a resolution structure that does so. The University will not compel a Complainant to engage in mediation, to directly confront the Respondent, or to participate in any particular form of Informal Resolution. The decision to pursue Informal Resolution will be made when the University has sufficient information about the nature and scope of the conduct, which may occur at any time after a Formal Complaint is received.
Participation in Informal Resolution is voluntary for both the Complainant and Respondent, and any party can request to end Informal Resolution and pursue the Title IX or University Process at any time prior to the completion of the terms of the Informal Resolution. Information shared within an Informal Resolution is not admissible as evidence in any formal process that might result after a withdrawal from the Informal Resolution. The Title IX Coordinator will maintain records of all disclosed prohibited conduct and conduct referred for Informal Resolution, which will typically be complete within seventy-five (75) calendar days of the parties’ agreement to engage in Informal Resolution.
If the parties are interested in pursuing Informal Resolution, the Title IX Coordinator (or a designee) will send written notices to the parties describing:
The details of the conduct at issue;
The requirements of the Informal Resolution;
The circumstances under which the parties are precluded from resuming a Formal Complaint arising from the same allegations;
The right to end the Informal Resolution process at any time prior to completion and resume the Formal Complaint process;
The consequences resulting from participating in the Informal Resolution;
The Title IX Coordinator will maintain records of all disclosed prohibited conduct and conduct referred for Informal Resolution, which will typically be complete within seventy-five (75) calendar days of the parties’ agreement to engage in Informal Resolution.
- Investigation and Resolution Process
XI. Investigation and Resolution Process
The University investigates and resolves issues related to Formal Complaints of prohibited conduct, and any other related violations. While the parties involved will have certain procedural rights, the procedure described is an administrative process and not intended to constitute a legal proceeding. The University shall use the process described below to determine facts and responsibility for the disclosed conduct by impartially weighing the credibility of the evidence and whether it meets the preponderance of evidence standard.
Notice of Formal Complaint and Commencement of Process/Dismissal of Complaint:
A Complainant may make a Formal Complaint of prohibited conduct if they are participating in or attempting to participate in the University’s Education Program or Activity at the time the Formal Complaint is made. Alternatively, the Title IX Coordinator may file a Formal Complaint on behalf of a Complainant.
The Title IX Coordinator will ask the Complainant questions to gather information related to jurisdiction for the Formal Complaint and will then evaluate the available information surrounding the Formal Complaint to determine whether: (a) the conduct could, if proved, constitute a violation of Title IX Sexual Harassment; (b) the conduct occurred in the University’s Education Program or Activity, and (c) the conduct occurred in the United States. If all three of the conditions above are met, the Formal Complaint will proceed under the Title IX Process. If any of the conditions are not met, the Formal Complaint must be dismissed under the Title IX Process but will be forwarded to the Associate Vice President of Human Resources for review under other University policies. The decision to dismiss a Formal Complaint under this Policy and/or to refer disclosed conduct to Human Resources will be communicated in writing to the Complainant generally within (3) days of receipt of the Formal Complaint and is subject to appeal as provided in Section XIII.
If the requirements of Paragraph 2 are met for a Title IX Process to commence, the Title IX Coordinator will provide both the Complainant and Respondent with a written notice of allegations in the Formal Complaint that includes (a) a description of the Title IX Process (b) sufficient details of the disclosed conduct constituting a violation of the Policy to prepare a response, including the identities of the parties, if known, the disclosed conduct which could be a violation of the Policy, and the date and location of the disclosed conduct, (c) the potential Policy violations at issue; (d) a statement that the Respondent is presumed not responsible for the disclosed conduct and that a determination regarding responsibility is made at the conclusion of the Title IX Process; (e) the name of the assigned investigator and an opportunity to object to the investigator on the basis of bias or conflict of interest; (f) a statement that the party may have an Advisor of their choice, who may be but is not required to be an attorney, and that if the party does not have an Advisor present at the Decision Panel Meeting, the University will provide them an Advisor to ask questions of the other party and Witnesses; (g) a statement that the parties may inspect and review evidence at the conclusion of the investigation phase; (h) a statement about preservation of evidence; and (i) the prohibition against retaliation. Typically, the parties will receive notice of the allegations in the Formal Complaint within three (3) business days of the date the Formal Complaint was received by the Title IX Coordinator. If, in the course of the investigation of the Formal Complaint, information is gathered that indicates that additional violations may warrant investigation as well, the Title IX Coordinator will send revised notice to the parties to include those potential violations. After notifying the Respondent of the Formal Complaint, the Title IX Coordinator will also meet with the Respondent to explain the investigation/adjudication process, available resources, and Supportive Measures.
If a Complainant or Respondent believes that the assigned investigator(s) may have a conflict of interest or bias which could result in their inability to provide a fair investigation to the Complainant or Respondent, the Complainant or Respondent should notify the Title IX Coordinator immediately, in writing, of this concern, including an explanation or reason for the conflict of interest or bias. If the Title IX Coordinator determines an actual conflict exists, the Title IX Coordinator will assign a new investigator.
At any time during the investigation or Decision Panel Meeting, certain circumstances may occur that make dismissal of a Formal Complaint appropriate, including written notification to the Title IX Coordinator that the Complainant wishes to withdraw the Formal Complaint, the Respondent is no longer employed by the University, or specific circumstances prevent the University from gathering evidence sufficient to make a determination of responsibility for the disclosed conduct. In such cases, written notice of the decision to dismiss will be provided to the parties, and such decision is subject to appeal as provided in Section XIII of this Policy.
For a Formal Complaint that is dismissed under this subsection which is subsequently found after full investigation pursuant to other University policy to constitute severe or pervasive harassment based on sex (including sexual orientation, gender identity, or gender expression), the Formal Complaint will be reinstated to determine any responsibility under this Policy in accordance with the provisions below.
Investigation of a Formal Complaint:
The investigators shall conduct a fair, impartial and thorough investigation, which may include, but is not limited to, interviews or written statements with the Complainant, the Respondent, and relevant Witnesses, as well as collection of available evidence, including electronic and social media communications, documents, photographs, and communications between the parties. The investigation is designed to provide both parties a full, equal, and fair opportunity to be heard, to submit relevant inculpatory or exculpatory information, and to identify fact or expert witnesses. Neither party’s ability to discuss the disclosed conduct under investigation or to gather and present relevant evidence will be restricted.
The Complainant and the Respondent are encouraged to have an Advisor(s) to assist during the investigation and adjudication of a Formal Complaint. The Advisor may be an attorney. The University will provide a list of trained Advisors from its administrative staff, and can assist in connecting the Employee and an Advisor from the list if requested by an Employee. An Advisor accompanying an Employee at any meeting may provide support, guidance or advice to the Employee during the meeting, but may not otherwise participate in the meeting except as provided below regarding questioning during a Decision Panel Meeting in the Title IX Process or unless requested to do so by the University. An Advisor may not in any manner delay, disrupt, or interfere with meetings and/or proceedings. Advisors should plan to make themselves reasonably available, and the University will not unduly delay the scheduling of meetings or proceedings based on the Advisor’s unavailability. An Advisor may be asked to meet with a University administrator in advance of any participation in the proceedings to understand the expectations of the role, privacy considerations, and appropriate decorum. Advisors who are unable or unwilling to adhere to the University’s expectations may not be permitted to continue participating in the Title IX Process.
The University, not the parties, is responsible for the burden of proof and the burden of gathering relevant evidence to the extent reasonably possible. Both the Complainant and Respondent will be asked to identify Witnesses and provide other relevant information, such as documents, communications, photographs, and other evidence. Both parties are encouraged to provide all relevant information in a timely manner to facilitate prompt resolution. In the event that a party declines or delays in voluntarily providing material information, the University’s ability to conduct a prompt, thorough, and equitable investigation may be impacted. All parties or Witnesses whose participation is invited or expected will be provided written notice of the date, time, location, participants, and purpose of all meetings, including investigative interviews or Decision Panel Meetings, with sufficient time for the party to prepare to participate.
The investigators may visit relevant sites or locations and record observations through written, photographic, or other means. In some cases, the investigators may consult medical, forensic, technological, or other experts when expertise on a topic is needed in order to achieve a fuller understanding of the issues under investigation. The University will not consider polygraph results.
In general, the University cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, attorney, clergy member, or other recognized professional or paraprofessional acting or assisting in that capacity, and which are maintained in connection with the provision of services to the party, unless that party gives their voluntary, written consent to do so. In those instances, the relevant information from the records must be shared with the other party.
The investigators will review all information identified or provided by the parties and will determine the relevance of the information developed or received during the investigation.
Prior or subsequent conduct of the Respondent may be considered in determining pattern, knowledge, intent, motive, or absence of mistake. For example, evidence of a pattern of prohibited conduct by the Respondent, either before or after the incident in question, regardless of whether there has been a prior finding of a policy violation, may be deemed relevant to the determination of responsibility for the prohibited conduct under investigation. The determination of relevance of pattern evidence will be based on an assessment of whether the previous or subsequent conduct was substantially similar to the conduct under investigation or indicates a pattern of similar prohibited conduct. The investigators (and the Decision Panel chair during a Decision Panel Meeting) will determine the relevance of this information and both parties will be informed if evidence of prior or subsequent conduct is deemed relevant.
The sexual history of the Complainant is not relevant, except in two circumstances: (1) to show that someone other than Respondent committed the conduct; and, (2) where the Respondent alleges the sexual contact was consensual, evidence of the manner and nature of how the parties communicated consent in the past may be relevant in assessing whether consent was communicated in the reported conduct. As set forth in the consent definition, the mere fact of a current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent and, even in the context of a relationship, consent to one sexual act does not constitute consent to another sexual act, and consent on one occasion does not constitute consent on a subsequent occasion.
The University expects all members of the University community to cooperate fully with the investigation and Title IX Process. It is understood that there may be circumstances in which a Complainant or Respondent wish to limit their participation, and the University will respect the choice of the Complainant or Respondent as to how to engage in the Title IX Process. The University may, however, move forward with the investigation without the participation of a party or parties. No adverse inference will be drawn from a party’s election to not participate in the Title IX Process.
The University may consolidate Formal Complaints of prohibited conduct against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the prohibited conduct arises out of the same facts or circumstances.
At the conclusion of the fact-gathering portion of the investigation, the investigators will provide to each party and their Advisor, if any, the opportunity to review evidence that is directly related to the disclosed prohibited conduct, including any evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence, whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. The parties will have ten (10) business days to submit a written response, which the investigators will consider prior to completion of the investigative report. The investigators will consider requests made in writing for additional Witnesses or submission of new evidence, and the investigators will provide each party notice of the submission of additional information and provide an abbreviated opportunity to review and respond. The investigators will also consider written requests for additional time to review the evidence. The Complainant and Respondent are not permitted to remove evidence from its secure physical location, nor make copies, downloads, screenshots, printouts, photographs, or any other reproduction electronic or otherwise, of the information provided for review.
The investigators will prepare an investigative report that fairly summarizes relevant evidence, both inculpatory and exculpatory, and provide the Complainant and Respondent, and their Advisors, with an opportunity to review the investigative report and provide a written response. Access to the final investigative report will be provided to each party and their Advisor, if any, at least ten (10) business days prior to the Decision Panel Meeting for the parties’ review and written response.
Decision Panel Meeting and Determination Regarding Responsibility:
Upon completion of the investigation of a Formal Complaint, the Title IX Coordinator shall assign a Decision Panel consisting of three (3) members (including the Decision Panel Chair) to hold a live meeting (“Decision Panel Meeting”) during which they will review evidence and hear live statements from the parties and Witnesses including answers to relevant questions. The Title IX Coordinator will provide the parties and all Witnesses who will be requested to participate written notice including details on the date, time, and location of the Decision Panel Meeting, the anticipated Witness list, and the names of the Decision Panel members, at least ten (10) business days in advance of the Decision Panel Meeting. The Title IX Coordinator will consider written requests from either party for a reasonable delay in the date of the Decision Panel Meeting, if such delay is necessary to maintain the fairness and integrity of the Title IX Process. The request must be made no later than three (3) business days before the original scheduled date of the Decision Panel Meeting.
A party may add Witness(es) to the list of those named in the notice only if they were not known at the time of the completion of the final investigative report. The party must provide the Witness’s name, contact information (if not a University Student or Employee), an explanation of why the Witness was previously unavailable, and a brief description of what information the Witness is expected to provide at the Decision Panel Meeting, at least three (3) business days prior to the date of the Decision Panel Meeting. The Witness will be interviewed by the investigators and an addendum to the investigative report completed. The Title IX Coordinator has the discretion to reschedule the Decision Panel Meeting to allow the parties equal and timely access to any new information.
If a Complainant or Respondent believes that an assigned Decision Panel member may have a conflict of interest or bias which could result in their inability to provide a fair determination regarding responsibility and/or sanctions to the Complainant or Respondent, the Complainant or Respondent should notify the Title IX Coordinator immediately, in writing, of this concern, including an explanation or reason for the conflict of interest or bias. If the Title IX Coordinator determines an actual conflict exists, the Title IX Coordinator will assign a new Decision Panel member.
The Decision Panel Meeting will be conducted with the parties located in separate rooms with technology enabling the Decision Panel and participants to simultaneously see and hear each other. However, if all parties and the Title IX Coordinator agree, the Decision Panel Meeting may alternately be conducted with all parties physically present in the same location. An audio or audiovisual recording or transcript of the Decision Panel Meeting will be created and maintained by the Title IX Office and will be available to the parties for inspection and review.
Decision Panel Meetings shall not be publicized or open to the public; only participants in the meeting (Decision Panel members, the parties, their respective Advisors, and Witnesses), the Title IX Coordinator, or another University Employee as deemed appropriate by the Title IX Coordinator may be present. All participants shall hold matters relating to the Decision Panel Meeting in strict confidence. Witnesses are not permitted to attend Decision Panel Meetings to observe; their role is limited to giving their statements and answering questions.
The Complainant and Respondent shall have the opportunity to attend the hearing and to hear and respond to evidence and questions posed by the Decision Panel, and will be provided copies of all directly related evidence for reference at the hearing. The Complainant and Respondent may not directly question one another. However, each party’s Advisor is permitted to directly ask the other party and any Witnesses relevant questions and follow up questions, provided that the Decision Panel will determine whether any question to be asked by an Advisor is relevant prior to the party or Witness answering. If a question is determined to not be relevant, the Decision Panel chair will explain the decision to exclude the question. If a party does not have an Advisor present at the Decision Panel Meeting, the University will provide a trained member of its administrative staff at no cost to the party to serve as the party’s Advisor for purposes of asking questions of the other party and Witnesses during the Decision Panel Meeting.
In the event the Complainant, Respondent, or a Witness is unable or unwilling to attend the Decision Panel Meeting, the Decision Panel may still proceed with the meeting. However, any determination of facts and responsibility for the conduct disclosed in the Formal Complaint shall be based upon evidence presented at the Decision Panel Meeting through testimony, written statements or summaries of interviews, and no inference about the determination regarding responsibility may be made solely on a party or Witness’s absence from the Decision Panel Meeting. Notwithstanding the above, if a Complainant, Respondent, or a Witness is unable or unwilling to attend the Decision Panel Meeting, or does not agree to answer a question posed by the Decision Panel or an Advisor, the Decision Panel must not rely on any statement of that party or Witness in reaching the determination regarding responsibility. No inference about the determination regarding responsibility may be made solely on the party or Witness’s absence from the Decision Panel Meeting, or their refusal to answer a question from the Decision Panel or Advisor.
At the conclusion of the Decision Panel Meeting, the Decision Panel will assess the credibility and weight of the evidence and make a determination regarding responsibility for a violation of University Policy. If the Decision Panel determines that the Respondent is responsible for violation of University Policy, it will also make a determination regarding appropriate disciplinary action to be taken (see Section XII Disciplinary Actions below). The Complainant may submit a statement about the impact of the prohibited conduct on them to the Decision Panel for consideration in its determination regarding disciplinary action, and the Respondent may submit a statement about factors that could mitigate the disciplinary action taken. Decisions regarding responsibility will be made by a preponderance of the evidence standard by majority vote of the Decision Panel. The decisions regarding responsibility and disciplinary action will be provided simultaneously in writing to the Complainant and Respondent and will include (a) identification of the disclosed prohibited conduct; (b) a description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and Witnesses, site visits, methods used to gather other evidence, and meetings held; (c) findings of fact supporting the determination; (d) conclusions regarding the application of this Policy to the facts; (e) a statement of, and rationale for, the result as to each potential violation of University Policy, including a determination regarding responsibility, any disciplinary action to be issued to the Respondent, and whether remedies designed to restore or preserve equal access to the University’s education program or activity will be provided to the Complainant; and (f) the procedures and permissible bases for the Complainant and Respondent to appeal.
- Disciplinary Actions
XII. Disciplinary Actions
If the Respondent is found to be responsible for a violation of the Policy, the Decision Panel shall determine disciplinary action to be imposed by the University, including whether the discipline will be recorded in the Respondent’s employee file in Human Resources, in their Academic Affairs file (as applicable), or both. Disciplinary action can range from written warning up to termination of employment. Any disciplinary level may also include completion of assigned educational requirements and counseling. Supportive Measures, including no-contact directives, no trespass orders and changes to job schedules or conditions, may also be implemented upon a finding of responsibility.
In determining the appropriate disciplinary action, the Decision Panel shall consider the following factors: the nature and violence of the conduct at issue; the impact of the conduct on the Complainant; the impact or implications of the conduct on the community or the University; prior misconduct by the Respondent, including the Respondent’s relevant prior discipline history, both at the University or elsewhere (if available), including criminal convictions; whether the Respondent has accepted responsibility for the conduct; maintenance of a safe and respectful environment conducive to living, learning, and working; protection of the University community; and, any other mitigating, aggravating, or compelling circumstances in order to reach a just and appropriate resolution in each case.
Disciplinary action may be imposed individually or in combination.
Disciplinary Action for All Employees:
Counseling: Discussion with the Employee of the prohibited conduct.
Verbal Warning: A verbal discussion with an Employee about an Employee’s failure to comply with this Policy. Human Resources will document that the meeting occurred, the subject of the meeting and the outcome of the meeting and will submit the documentation to the Employee’s file.
Written Warning: Documentation of a violation of this Policy. Documentation goes to the Employee’s file in Human Resources.
Final Warning: Documentation clearly stating that any additional violations of University Policy will be likely to result in termination which is issued to the Employee and filed in the Employee’s file in Human Resources.
Suspension: Removal of an Employee from their position for a period of time, either with or without pay. Suspensions must be documented to the Employee’s file in Human Resources. Salaried Employees can only be suspended for a full day of work and can be suspended only in instances of severe or gross misconduct.
Termination of Employment: Removal of the Employee from their status as an active Employee of the University.
Additional Disciplinary Action for Faculty:
Lesser Sanctions: Lesser sanctions as defined in the Academic Handbook may be imposed. These sanctions may be temporary or permanent.
A party may appeal the determination of responsibility or sanction imposed, or the dismissal of a Formal Complaint or any allegations therein, by filing their full and complete written appeal with the Vice President for Finance and Administration (for staff or administration Respondents) or the Vice President of Academic Affairs (for faculty Respondents) within ten (10) business days of the date of the letter of notification of the decision being appealed, unless that time is extended in writing by the Vice President. Appeals may be based only on the following reasons:
New evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made that could affect the outcome of the matter
Procedural irregularity that affected the outcome of the matter
Conflict of interest or bias of the Title IX Coordinator, investigator(s), or decision-maker(s) for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter
Appropriateness of disciplinary action
All materials supporting any appeal must be submitted at the time the appeal is filed. The Vice President will advise the non-appealing party in writing of the receipt of an appeal and will provide a copy of the appeal to the non-appealing party. The non-appealing party(ies) will have ten (10) business days from the date of their receipt of the appeal to respond in writing to the appeal. A copy of the response will be issued to the appealing party. No additional review or response to submissions related to the appeal may be made by either party after this point, unless requested by the Vice President. After receipt of the non-appealing party’s response, the Vice President will determine the disposition of the appeal. For decisions involving termination as a sanction, the Vice President will confer with the President of the University as part of their determination process.
Disposition of Appeals by the Vice President:
The Vice President may:
Affirm the action taken.
Reverse the decision and refer the case back for reconsideration.
Reverse the decision, in whole or in part, and vacate or modify any disciplinary action.
Reverse or impose different disciplinary action.
The Vice President will advise both parties in writing of the decision on appeal and the rationale for the result within ten (10) business days of submission of the non-appealing party’s response. Decisions by the Vice President are final.
The determinations regarding responsibility and disciplinary action become final on the date that the Vice President provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which the appeal would no longer be considered timely.
- Communication of Outcomes
XIV. Communication of Outcomes
Both the Complainant and the Respondent will be notified simultaneously in writing of the outcome of an investigation and determination of responsibility concerning sexual harassment, including sexual assault or interpersonal violence, and of any appeal decisions following such determination. The University is committed to fulfilling its obligations under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Statistics citing the number of disclosed incidents of sexual misconduct and interpersonal violence and their disposition are included in the Annual Security and Fire Safety Report which can be found on the DePauw Police Website.
- Title IX Records
XV. Title IX Records
An Employee’s file related to the Employee Title IX Policy, including but not limited to any Supportive Measures, investigation, formal hearing, appeal, informal resolution, and remedies will be maintained for seven (7) years, after which records are archived and cannot be accessed for reporting.
Release of Information and Notification:
The Associate Vice President of Human Resources or designee is responsible for the release of any information relating to Employee Title IX cases.
Names of Employees being investigated for violations of the Employee Title IX Policy will not be released.
Employers and representatives of undergraduate and/or graduate/professional schools will be informed of all Employee Title IX Policy violations resulting in a disciplinary action of final warning or higher if information is requested and a release has been signed by the employee, according to the record retention policy above.
Family Educational Rights and Privacy Act:
Access to records and release of information and notification shall be construed and applied in a manner consistent with the requirements of employment laws and regulations as well as the Family Educational Rights and Privacy Act (FERPA), as amended from time to time, including parental notification and participation in Title IX or University Processes where the Complainant is a minor. The University will keep confidential the identity of any individual who has disclosed prohibited conduct, any Complainant, any Respondent, and any Witness, except as may be permitted by the FERPA statute, regulations or as required by law (including by subpoena, court order, or search warrant), or to carry out the conduct of any Title IX Process.
- Training and Education
XVI. Training and Education
The University is committed to the prevention of sexual misconduct and interpersonal violence through regular and ongoing education and awareness programs. All incoming students and new Employees (faculty and staff) receive primary prevention and awareness programming, and returning students and current Employees receive ongoing training and related programs. Individuals involved in the implementation of this Policy also receive regular, comprehensive mandated training on this Policy and Related Processes, which incorporates all required training, including specific training as required by the Clery Act and Title IX.
- Annual Review
XVII. Annual Review
This Policy reflects the University’s good faith efforts to implement the newly-promulgated legal requirements under the Title IX regulations issued in May 2020, to synthesize those regulations with other Federal law, including the Clery Act, and with state law applicable to students and Employees. The University reserves the right to modify this Policy and the accompanying procedures as necessary to comply with Federal or state law, and such modifications may be made before or during an ongoing resolution process.
Given the rapidly evolving nature of the legal requirements applicable to sexual misconduct, and the desire to provide accessible, effective, and legally compliant policies and procedures, the University will review this Policy on at least an annual basis. The review will capture evolving legal requirements, evaluate the supports and resources available to the parties, and assess the effectiveness of the resolution process (including as to the fairness of the process, the time needed to complete the process, and the sanctions and remedies imposed). The review will consider feedback from individuals affected by the Policy and will incorporate an aggregate view of reports, resolution, and climate.
DePauw Police 765-658-5555
Title IX Coordinator 765-658-4155
Family Support Services 765-653-4820
Greencastle Police 765-653-3155
Putnam County Hospital 765-301-7300
Putnam County Sheriff 765-653-3211
RAINN 1-800-656-HOPE (4673)
- External Reporting
XVIII. External Reporting
Concerns about the University’s application of Title IX and the Clery Act may be addressed to the University’s Title IX Office; the United States Department of Education, Clery Act Compliance Division (at firstname.lastname@example.org); the United States Department of Education, Office for Civil Rights, at (OCR@ed.gov or (800) 421-3481); and/or the Equal Employment Opportunity Commission (at email@example.com or (800) 669-4000).
- Employer-Employee Relationship
The employer-employee relationship between DePauw University and its employees remains at-will which means either party may terminate the relationship at any time. No supervisor, manager, or representative of DePauw other than the president has the authority to enter into any agreement with the employee regarding the terms of employment that changes the at-will relationship or deviates from the provisions in this Guide. DePauw University reserves the right to change wages, hours and working conditions as deemed necessary.
- Employment Candidate Travel Costs
Employment Candidate Travel Costs
Date: March 2015
Contact: Office of Human Resources, x4181
In accordance with the University’s Business Expense Policy, the University will reimburse candidates traveling to the University for employment interviews. No more than three candidates should be scheduled for interviews if travel costs are involved. Any exceptions must receive prior approval by the Vice President of the business unit seeking the new employee.
All travel and expenses must be pre-approved by the Vice President of the business unit seeking the new employee.
- Consideration should be given both to cost-effectiveness as well as efficient travel scheduling in determining whether to fly in a candidate or permit them to drive a personal vehicle.
Determining Car vs. Air: If the candidate chooses to drive on a trip that would normally be taken by air, reimbursement for travel by personal automobile will be limited to the lesser of the cost of mileage or economy class airfare. Always use the most economical and direct mode of transportation available, consistent with the authorized purpose of the travel.
- Air Travel: Candidates are expected to secure the lowest available airfare offered. The University provides reimbursement at the economy fare rate for domestic travel and at the business class rate for international travel. Individuals are allowed one luggage fee per trip. Early bird seat assignments are not permissible. The University has a special contract with Travel Leaders for obtaining airfare, lodging and rental cars. You may contact them at 1-800-525-1570. Any exception to economy fare rates for domestic travel and business class rate for international travel requires approval of the Vice President for Finance and Administration.
- Travel by Personal Car:
- Reimbursement allowance:
- Mileage: $0.42 per mile as of March 20, 2015.
- Tolls and parking are reimbursed per receipt
- For trips that would normally be undertaken by air transportation, reimbursement for travel by personal automobile will be limited to the lesser of mileage or economy class airfare.
- Rental car
- Economy to mid-size automobile rental is allowed.
- The candidate is responsible for fuel fill-up before the return to the rental agency. Fuel Service Option (FSO) which can be purchased at the time of rental or refill prior to the return of the rental care is allowed. However, a Fuel Service Charge that is charged at a much higher rate due to neither option occurring when the rental care is returned will not be allowed.
- Collision Damage Waiver and Personal Accident Insurance are not covered expenditures for rental vehicles. However, roadside assistance charges are allowable when renting a vehicle.
The University will reimburse for single occupancy accommodations. Candidates should be booked into moderately priced hotel accommodations. The Inn at DePauw University is the preferred venue.
- The actual costs of meals, including taxes and tips, are reimbursable.
- Breakfast will be allowed if the candidate arrives before the normal breakfast time.
- Lunch will be reimbursed if the candidate is on-campus during the normal lunch hour.
- Dinner will be reimbursed only if the candidate is still on-campus during the normal dinner hour.
- Purchase of snacks, beverages, etc., not associated with a meal are not reimbursable.
- Non-Reimbursable Expenses
- Include but not limited to:
- Accessories for laptops, PDAs and cell phones (unless there is advance approval from the Vice President)
- Airline seat upgrade or early bird assignment
- Automotive repair
- Baby-sitter fees
- Barber/manicurist/shoe shine
- Dry Cleaning, pressing and laundry
- Collision damage waiver
- Gasoline charges for travel in personal vehicle (will be reimbursed through mileage)
- Hotel gym and health facilities charges
- Hotel room bar charges
- Loss/theft of personal property
- Membership fees in airline club
- Movie rentals
- Newspapers, magazines, brochures or books
- Passport/visa application/other costs
- Permanent equipment purchases
- Personal entertainment
- Personal medical costs
- Personal phone calls except to report changes in schedule, or to speak with family members once a day (for a reasonable period of time)
- Snacks/vending machine purchases (unless in lieu of a meal)
- Traffic violations and toll fines
- Traveler’s check fees
- Extravagant charges deemed unnecessary
- Club organization dues
- Any other non-allowable items specified in the University Travel and Expense Policy
- Notify the Office of Human Resources, prior to the scheduling of candidates for interviews, the proposed schedules and the anticipated travel costs.
- Book and arrange transportation and hotel arrangements for candidate(s) using Departmental Corporate Card or,
Request that the Office of Human Resources book and arrange the travel and hotel for your candidate(s).
If the candidate books and arranges his/her own transportation arrangements, make sure that the restrictions on travel reimbursements are made clear to the candidate and that the candidate is also clear on the documentation required for reimbursement.
- Prepare documentation for reimbursement.
Original, itemized receipts for all travel related costs of the candidate (e.g., airfare, hotel, rental car, mileage, meals, taxi, tolls, parking, etc.) must be submitted to the Office of Human Resources to document costs to be reimbursed, however, photocopies of itemized receipts will be accepted when the original is not available. Credit card receipts should not be submitted in lieu of these itemized receipts. If the candidate fails to request documentation at the time of charges, it is the responsibility of the candidate to contact the vendor to request duplicate documentation. If itemized receipts cannot be obtained, a memo to the file explaining the situation, as well as the business purpose of the expenses, should be sent to the Human Resources office and be signed by the appropriate division Vice President.
NOTE: Expenses should be submitted for reimbursement within 60 days of being incurred. IRS regulations require reimbursements that are requested after the 60 day period be reported as taxable income and will be reported as such on a 1099-misc., if necessary.
NOTE: Each division Vice President and/or Department Budget Supervisor and the Director of Human Resources have the authority to impose additional and more restrictive requirements for authorizing or approving candidate travel reimbursements.
- Employment Eligibility Verification (Form I-9)
In accordance with regulations established by the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), all employees hired after November 6, 1986 must complete Form I-9. Employees are required to present acceptable documents that establish identity and employment eligibility to Human Resources within three (3) business days from the date employment begins. The employee may present one item from List A or one item from List B and one item from List C (see below).
- Employment Outside of Regular Position
The Human Resources Office may give authorization for full-time employees to perform duties outside of their regular position for events that include but are not limited to: Alumni Reunion Weekend, Commencement, Old Gold Weekend, and Freshman Testing for Institutional Research. Authorization must be obtained from Human Resources before employees are hired for these events. Normally, employees who work these events do not experience a conflict with their regular positions because these hours are worked at a time when they are not normally scheduled to work in their regular position. However, if employees wish to work these events during a time when they are normally scheduled to work in their regular position, they may request the use of vacation or personal time to cover the absence from their regular position. Approval is granted at the supervisor’s discretion.
A Personnel Action Sheet (see Personnel Action Sheet) is required for authorization of these hours. The approved account number from which the hours will be paid must be specified on the Personnel Action Sheet. A flat hourly rate is normally established for these positions. Employees are paid the greater of the established flat rate or their overtime rate. Hours must be reported on the yellow time card that is used for part-time, temporary, and on-call employees. Hours worked will be paid as special earnings and no benefits will be calculated on these hours. The payroll manager will process these hours for employees so they will not be applied toward those hours budgeted for their regular position.
- Family and Medical Leave Act (FMLA) of 1993 and DPU Medical Leave
FMLA Eligibility – Employees who have worked at least one year (does not have to be continuous but separation cannot exceed seven (7) years unless the break-in-service was due to National Guard or Reserve Military service obligations) and for at least 1250 hours over the prior 12 months.
DPU Medical Leave Eligibility – All full-time, benefit status employees
Maternity, Adoption and Parental Leave (MAPL) – Employees who have worked at least one year (does not have to be continuous but separation cannot exceed seven (7) years unless the break-in-service was due to National Guard or Reserve Military service obligations) and for at least 1250 hours over the prior 12 months.
Reasons for FMLA Leave
An eligible employee may take FMLA leave of up to 12 weeks per leave year (26 weeks in the case of leave to care for a seriously-ill family member who is member of the Armed Forces, National Guard or Reserves on active combat duty or on the Temporary Disability Retired List (TDRL) or who is a veteran discharged or released under conditions other than dishonorable discharge up to five years prior to the date the employee’s military caregiver leave begins and whose injury or illness occurred or was aggravated in the line of combat duty) for any of the following reasons:
- to care for the employee’s newborn child, or to care for a child newly placed in the employee’s custody through adoption or foster care, for a period of up to one year after such birth or placement (see Parental Leave Policy); or
- to care for the employee’s spouse, child, or parent who has a serious health condition; or
- to care for a spouse, son or daughter, parent or next of kin who is a covered military service member with a serious injury or illness, or
- for the employee’s own serious health condition, if that condition makes the employee unable to perform his or her job duties, or
- due to a qualifying exigency arising out of the fact that your spouse, son, daughter, or parent is on covered active duty (limited to members deployed to a foreign country) or call-to-active-duty status, or
- to care for a military member’s parent (not necessarily the parent of the employee) who is incapable of self-care when the care is necessitated by the military member’s covered active duty (care may include arranging for alternative care, providing care on an immediate need basis, admitting or transferring the military member’s parent to a care facility, or attending meetings with staff at a care facility).
Leave taken may be continuous or intermittent for a medically-related leave. Leave can only be taken continuously for a non-medically-related leave (with the exception of Rest and Recreation leave under the qualifying exigency leave category), unless agreed upon by the employee’s supervisor. Any leave taken by an eligible employee for one or more of these reasons in combination will be counted against that employee’s annual FMLA leave entitlement.
FMLA Leave Year Defined
For the purposes of this policy, the leave year will be determined by a “rolling” 12-month period measured backward from the date the employee first takes time off for an FMLA qualified leave (except in the case of leaves to care for a seriously ill or injured covered military service member or veteran, in which case by law the leave must be measured forward from the date the employee first takes off).
Serious Health Condition Defined
For the purpose of determining whether an eligible employee or his or her non-military spouse, child or parent has a serious health condition, such a condition includes any injury, illness, impairment, or physical or mental condition that either requires inpatient care in a medical facility (i.e., overnight hospitalization) and/or continuing treatment by a healthcare provider (i.e., treatment two or more times which must take place within a 30-day period) or for a chronic condition (i.e., requires periodic visits for treatment of a least twice a year).
For the purposes of determining whether a military (active duty) spouse, son or daughter, parent or next of kin has a serious health condition, such condition includes any injury, illness, impairment, or physical or mental condition, incurred or aggravated, by the individual in the line of duty while on active combat duty and which renders the individual medically unfit to perform the duties of the individual’s office, grade, rank or rating,
For the purposes of determining whether a covered veteran spouse, son or daughter, parent or next of kin has a serious health condition, such condition includes:
1) a continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the service member unable to perform the duties of the service member’s office, grade, rank or rating,
2) a physical or mental condition for which the covered veteran has received a VA Service Related Disability Rating (VASRD) of 50 percent or greater and such VASRD is based, in whole or in part, on the condition precipitating the need for caregiver leave,
3) a physical or mental condition that substantially impairs the veteran’s ability to secure or follow substantially gainful occupation by reason of a disability or disabilities related to military service or would do so absent treatment, or
4) an injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
Next of Kin Defined
The term is defined as the “nearest blood relative” of the employee in the following order of priority: 1) blood relative designated in writing by the service member as next of kin, 2) blood relative granted legal custody of the service member by court decree or statutory provision, 3) brothers and sisters, 4) grandparents, 5) aunts and uncles, and 6) first cousins.
Qualifying Exigency Defined
A qualifying exigency is a non-medical activity that is directly related to the covered military member’s active duty or call to active duty status. For an activity to qualify as an exigency, it must fall within one of nine categories of activities or be mutually agreed to by the University and the employee (including agreement on timing and duration of such a leave). The nine categories are: 1) short-notice deployment (leave permitted up to seven days if the military member receives seven or less days’ notice of a call to active duty), 2) military events and activities, 3) certain temporary childcare arrangements and school activities (but not ongoing childcare), 4) financial and legal arrangements, 5) counseling by a non-medical counselor (such as a member of the clergy), 6) rest and recuperation (leave permitted up to fifteen days when the military member is on temporary rest and recuperation leave), and 7) post-deployment military activities within 90 days of termination of active duty, 8) parental care leave for parent of military member when parent cannot self-care, and 9) additional activities where the employer and employee agree to the leave, timing and duration..
Compensation for FMLA Leave
Under the law, FMLA leave is unpaid. However, under DePauw University’s Leave policies, employees enjoy the benefit of receiving certain kinds of paid leave in substitution for unpaid leave. However, such paid leave is still counted towards and runs concurrently with the employee’s 12 (or 26) weeks of FMLA leave granted for the leave year.
For Birth/Adoption of a Child: See Parental Leave Policy.
For Leave for a Qualifying Exigency: An hourly (nonexempt) full-time, benefit eligible employee is required to use accumulated vacation and personal time prior to the commencement of unpaid leave. A salaried (exempt) full-time, benefit eligible non-faculty employee is required to use accumulated vacation time for the same purpose.
For Care of Seriously Ill Spouse, Child, Parent or Next of Kin: An hourly (nonexempt) full-time, benefit eligible employee is required to use accumulated sick leave and in addition is required to use all remaining accumulated vacation and personal time to care for a seriously ill spouse, child, parent or next of kin prior to the commencement of unpaid leave. A salaried (exempt) full-time, benefit eligible non-faculty employee will be granted up to 10 days under salary continuance in addition to the required use of all remaining accumulated vacation time for the same purpose. A full-time, benefit eligible faculty member may use up to 10 days of salary continuance only under the same circumstances.
For Serious Illness of the Employee (including pregnancy):
For Hourly (nonexempt) Full-Time, Benefit Eligible Employees - The employee is required to use accrued sick time; once exhausted, then personal time and vacation time are to be used at rates based on his/her regular work schedule (an exception is made if the use of sick time rather than personal/vacation will penalize the employee (for example, if the employee has accrued the maximum vacation time)). During a paid medical leave, benefits continue as though the employee is actively working. Benefits include but are not limited to:
- The employee will continue to accrue sick and vacation time based upon pay period hours reported.
- The employee will be paid for holidays occurring during his/her regular schedule.
- Health insurance contributions made by the employee will be deducted from pay issued.
- The employee will remain an active participant in the retirement program(s).
For Salaried Full-Time Benefit Eligible Employees – A salaried employee will be considered in salary continuance at full pay up to 180 calendar days when it is medically necessary for the employee to be away from work. The salary continuation period will run concurrently with the Family and Medical Leave Act (FMLA) of 1993 leave period. During the salary continuance period all benefits continue as though the employee is actively working.
After 180 calendar days, salary continuation will cease. Non-faculty employees will then use accrued vacation leave until it is exhausted.
Unpaid Medical Leave – An employee will be considered in unpaid medical leave when the employee has exhausted all available paid time, regardless of LTD approval. The benefits affected for an employee on unpaid medical leave include but may not be limited to:
- The employee will not accrue vacation time.
- The employee will not be paid for holidays.
- The employee may continue participation in the group health insurance program during the unpaid leave. The University will continue to pay the employer portion of the group health insurance premium only if the employee makes arrangements for payment of the employee portion.
- All employer retirement plan contributions will be discontinued.
Duration of Leave, Job Benefits and Job Protection
For the duration of the FMLA leave (which, whether continuous, part-time or intermittent, will not exceed the equivalent of twelve (12) work weeks in a rolling calendar year based upon the first day of FMLA leave (except in the case of leave to care for a seriously ill military service member where the leave may be for as much as 26 weeks), the University must maintain the employee’s health coverage under any “group health plan”. The employee continues to be responsible for the employee portion of the group health insurance premium. Under the University Medical Leave policy, the employee is permitted to extend his/her personal medical leave to a full twelve (12) months and the group health insurance coverage can be extended until the end of that time period (again, so long as the employee continues to be responsible for payment of the employee portion of the group health insurance premium).
Upon return from FMLA leave, employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms (except in specific and limited cases where the reinstatement of certain highly-paid “key” employees would result in substantial and grievous economic injury to the employer). The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave. After the exhaustion of the FMLA leave, (i.e., for the balance of the University authorized twelve (12) month personal Medical Leave) the University cannot guarantee reinstatement of the employee upon completion of the approved leave of absence. Nonetheless, the University will make every effort to return the employee to the same or a comparable job, subject to budgetary restrictions, the University’s need to fill vacancies, and the University’s ability to find qualified temporary replacements.
If an employee is unable to return to work after 12 months, the employee will be terminated.
Request for Medical Leave
A medical leave is defined as an absence of more than five (5) consecutive work days due to illness, injury or other disability (including pregnancy) as supported by a physician’s certification. The medical leave will run concurrently with the twelve (12) weeks under the Family and Medical Leave Act (FMLA) of 1993.
An employee who expects to be absent from work for more than five (5) consecutive work days due to medical reasons, must submit a written request for medical leave to his/her supervisor at least thirty (30) days before the anticipated commencement of the leave.
In the case of an emergency or when 30-days’ notice cannot otherwise be provided, the employee or a member of the employee’s immediate family must notify the employee’s supervisor as soon as possible. A written leave request should follow the verbal request by no more than five (5) days.
The employee must also send a copy of the request for medical leave to the Human Resources Office.
The employee’s request for medical leave must be supported by a physician’s certification of the medical need for leave.
Physician’s Certification Requirement
A physician’s certification is required for any period which exceeds an absence of five (5) consecutive days; however, the University reserves the right to request a physician’s statement for absence periods of five (5) days or less.
The employee must contact the Human Resources Office for the Certification by Health Care Provider form which must be completed by the employee’s health care provider and returned to the Human Resources office within 15 days. Please refer to the Certification by Health Care Provider form for additional information.
If the completed certification form is not received by the Human Resources Office within 15 days, the employee’s absence may be considered “unexcused” and appropriate disciplinary action may be taken. In addition, no payment for wage continuance, salary continuance, vacation, sick, or personal time will be issued.
The employee may also be required to submit to an examination at the University’s expense by a physician selected by the University before the leave of absence will be approved
During a medical leave, the employee must provide the University with periodic physician certifications. Such certifications should be provided after each physician’s visit (but the University may choose to require recertifications to be provided with a frequency not to exceed thirty (30) days between such certifications.
Certification for Qualifying Exigency
The University will require the employee to provide a copy of the covered military member’s active duty orders the first time the employee requests exigency leave. This information need only be provided once for each separate call to active duty. Further documentation which must be supplied in order to support the request includes:
- A statement, signed by the employee, of the facts supporting the leave request and including any available documentation such as a copy of a meeting notice announcement, appointment or copy of a bill of service.
- The approximate date the qualifying exigency commenced or will commence.
- If the request is for a specific period of time, the beginning and end dates of the absence.
- If the request is for intermittent or reduced schedule basis, an estimate of the frequency and duration of the exigency.
- If the exigency involves meeting with a third party or entity, contact information for the third party or entity and a brief description of the purpose of the meeting.
Authorization of Medical Leave of Absence
The Human Resources office will send written notification to the employee and the employee’s supervisor indicating the approval or denial of the request for medical leave within five (5) days of receipt. For an approved medical leave, the employee will also receive a Continuation of Benefits While on Leave notification which includes information about the employee’s health insurance, flexible benefit plan, life insurance, and LTD insurance, when applicable.
Extension of Medical Leave
If circumstances require an extension of the leave for any reason, the employee must provide the University the appropriate documentation including, in the case of a personal medical leave, a physician’s certification attesting to the employee’s continued medical condition and inability to work. The maximum duration of a medical leave, however, will be twelve (12) months.
Return to Work
The employee is required to present a completed Release to Return to Work form from his/her health care provider prior to being restored to employment. This statement must indicate the employee’s ability to work including any work-related restrictions and their duration. If this statement is not received, the employee’s return to work may be delayed until the statement is provided.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
- interfere with, restrain, or deny the exercise of any right provided under the FMLA;
- discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA.
Enforcement of the FMLA
The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
An eligible employee may bring civil action against an employer for violations.
The FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family and medical leave rights.
The employee should contact the Human Resources Office as soon as a leave of absence is anticipated. This applies for any paid or unpaid leave (a leave is defined as any absence that exceeds five (5) consecutive days).
- Federal and Indiana State Withholding Forms
New employees must report to Human Resources located on the first floor level of the Administration Building to complete Federal and Indiana State Withholding Forms. These forms must be completed within three (3) business days from the date employment begins and before a pay check or DePauw I.D. card can be issued.
Employees who have had a break in employment, change of address, or a change in other personal information may also need to complete new withholding forms. Employees may contact the payroll manager, in the Accounting Office located on the lower level of the Administration Building to review the current information on file. The payroll manager may be reached at extension 4126.
- Firearms Policy
On July 1, 2010, the State of Indiana introduced a new law concerning firearms and employer policies. Employers are prevented from adopting any policies which would prohibit employees from bringing firearms onto an employer’s property so long as the firearm is kept out of plain sight in a locked vehicle.
The Law, However, Contains Several Exemptions
including but not limited to:
“Property belonging to an approved postsecondary education institution.”
(As defined by IC 21-7-13-6(b))
DePauw University, under the Indiana State Law, is an approved postsecondary educational institution, therefore firearms are not permitted on DePauw University property per Indiana State Law and DePauw University Policy.
- Harassment Policy
- Definition of Harassment and Notice of Non-Discrimination
The University is committed to a policy of equal opportunity for all members of the University community, including, but not limited to, members of the faculty and staff, students, guests of the University, and applicants for employment and admission. In this regard, the University reaffirms the right of its students to live and learn, and its employees to teach and work, in an environment free from harassment and inappropriate and/or offensive comments or conduct.
The University encourages a workplace and learning environment free of discrimination, harassment, and/or inappropriate treatment of any employee, student or guest because of any person's race, sex, color, creed, religion, age, national origin, sexual orientation, veteran status, gender identity, gender expression, disability, or any category protected under federal, state or local law. To be unlawful, conduct must be sufficiently serious that it unreasonably interferes with an employee's ability to work or a student's ability to learn or benefit from the University's programming. The University does not, however, condone or tolerate any inappropriate conduct, whether by employees or non-employees, based on a person's race, sex, color, creed, religion, age, national origin, sexual orientation, veteran status, gender identity, gender expression, disability, or any category protected under federal, state or local law.
Harassing conduct may include, but is not limited to:
- Ethnic, racial, religious, age, disability or sex-related jokes, epithets, stereotypes or slurs.
- Foul or abusive language.
- Offensive graffiti, cartoons or posters.
- Insulting or derogatory nicknames.
- Mimicking another.
- Starting or spreading rumors.
- Teasing about religious or cultural observances, retirement, age, ability to learn, or absenteeism.
- Threatening or offensive mail, e-mail, voicemail or messages.
The University also recognizes the fundamental importance of the open and free exchange of ideas and opinion. It recognizes that conflicts may arise between individuals' desire to express their opinions and the right of individuals to be free from harassment. The University also recognizes that every act that might be offensive to an individual or a group is not necessarily a violation of the law or of this policy.
- Sexual Harassment
DePauw prohibits any form of sexual harassment or discrimination on the basis of sex and enforces the requirements of Title IX of the Education Amendments of 1972 and its implementing regulations through student and employee guidelines. DePauw is committed to providing students, employees and University guests an environment and workplace free of inappropriate comments or conduct of a sexual nature. Inquiries concerning the application of Title IX should be directed to the University's Title IX coordinators. Prohibited sexual harassment may include, but is not limited to:
- Unsolicited and unwelcome comments or conduct of a sexual nature or that are demeaning to women or men as a group (for example, offensive or vulgar jokes, name-calling, comments about one's body or sex life, or stereotyping based on a person's sex);
- Unwelcome and unwanted sexual jokes, language, gestures, epithets, innuendoes, advances or propositions; sexually oriented "kidding," "teasing" or "practical jokes;"
- Unsolicited and unwelcome demands or requests, implicit or explicit, for sexual favors or sexual encounters;
- Sexually oriented propositions, slurs, suggestions or questions;
- Persistent, unsolicited and unwelcome demands or requests, implicit or explicit, for social encounters;
- Written or verbal abuse of a sexual nature, including, for example, using sexually degrading or vulgar words to describe an individual;
- The display of sexually suggestive or revealing objects, other material or offensive pictures, electronic communications or photographs (this prohibition does not apply to University approved art exhibitions or other University approved displays or communications);
- Unwelcome and unsolicited information about another's sexual prowess, activities, deficiencies or sexual orientation;
- Asking questions or commenting about another's sexual activity or making unwelcome sexual advances or expressed or implied requests for sexual activity;
- Offensive or inappropriate behavior targeted at only one sex, even if the content of the conduct or comments is not sexual;
- Unwelcome physical contact, such as patting, pinching, touching, leering, ogling, whistling, indecent exposure, brushing against the body, or suggestive, insulting or obscene comments or physical gestures.
- Any instance in which a supervisor, faculty member or another in a position of authority uses his/her authority to require or to urge an employee or student to submit to sexual activity. Such behavior can be explicit or implicit - for example, a supervisor or another person in a position of authority states to an employee or student: "Things could be a lot better for you here if you would be a little nicer to me."
- Reporting Procedure
Any employee, student or guest who believes that he/she either has witnessed or been subjected to behavior that violates this policy is encouraged to and has a responsibility to immediately report the suspected policy violation. The University cannot investigate and take appropriate action if the behavior is not reported. The method of reporting suspected policy violations is as follows:
Staff members and guests should immediately report suspected policy violations to the Office of Human Resources. The phone number for the Director of Human Resources is (765) 658-4181. If the Director of Human Resources is unavailable or the staff member or guest is uncomfortable reporting the suspected policy violation to the Director of Human Resources, he or she may report the suspected violation directly to the Vice President for Finance and Administration at (765) 658-4161.
Faculty members should immediately report suspected policy violations to Academic Affairs. The phone number for the Vice President for Academic Affairs and Dean of the Faculty is (765) 658-4359. If the Vice President for Academic Affairs and Dean of the Faculty is unavailable or the faculty member is uncomfortable reporting the suspected policy violation to the Vice President for Academic Affairs and Dean of the Faculty, he or she may report the suspected violation directly to the Director of Human Resources at (765) 658-4181.
Students should immediately report suspected policy violations to the Office of Student Life. The phone number for the Dean of Students is (765) 658-4199. If the Dean of Students is unavailable or the student is uncomfortable reporting the suspected policy violation to the Dean of Students, he or she may report the suspected violation directly to the Director of Human Resources at (765) 658-4181.
Complaints of inappropriate behavior by a Vice President of the University should be directed to the President of the University and/or the Director of Human Resources.
Supervisors and department chairs who receive complaints or who observe inappropriate behavior must immediately inform the appropriate office listed above. Failure to report potential violations may result in appropriate discipline, up to and including termination.
- Investigation and Resolution of Complaint
Given the nature of the type of conduct prohibited by this policy and the serious effects such conduct can have on the target of the conduct and the one accused of the conduct, the University takes every complaint of harassing behavior seriously and each report shall be investigated. The investigation will be conducted in as confidential a manner as circumstances permit to protect all parties involved, including witnesses. The University will not tolerate any retaliation against anyone who makes a report of harassing behavior or cooperates in an investigation of any complaint under this policy.
The responsibility for determining the need for and degree of administrative action to address a harassment complaint varies and is based upon the group to which the accused belongs. These groups include: faculty, staff, students and guests. Generally, complaints involving students only will be processed under the Community Standards process, and complaints involving non-students will be processed according to the procedures identified below.
The chart below indicates investigation and disciplinary authority as it relates to policy violations at DePauw:
Office of Student Life – Title IX Coordinators
Office of Student Life
Staff or Guest
Office of Student Life – Title IX Coordinators
Office of Student Life – Title IX Coordinators
Vice President for Academic Affairs and Dean of the Faculty
Staff or Guest
Office of Student Life – Title IX Coordinators
Office of Student Life
Staff or Guest
Vice President for Academic Affairs and Dean of the Faculty
Office of Student Life – Title IX Coordinators
Office of Student Life
Staff or Guest
Vice President for Academic Affairs and Dean of the Faculty
The President and Director of Human Resources will be responsible for investigating complaints and determining the need and degree of administrative action for complaints against a Vice President of the University.
Violations of this policy will not be tolerated and will result in appropriate disciplinary action, up to and including discharge or dismissal. Please help us maintain a comfortable learning and work environment free from inappropriate and offensive conduct.
(endorsed in principle by the faculty in March 1999; established as University policy April 1999; revised August 2003; revised August 2011)
- Definition of Harassment and Notice of Non-Discrimination
The University recognizes several holidays each year. Please refer to Human Resources Holiday Schedule for exact dates. These dates will be considered paid time off for those employees eligible as outlined in this policy:
Martin Luther King Day
Friday of Spring Break
Paid holidays are subject to the following:
Employees in a full-time, benefit status position and on the regular payroll are eligible for the paid holidays that occur during their normal work schedule. For example: An individual employed in a 9 ½ month position whose normal work schedule is mid August through May would not be eligible for the Independence Day paid holiday.
There is no waiting period for paid holidays. However, the first day of employment cannot be a paid holiday that employees are not scheduled to work.
Compensation for paid holidays will be based on normal hours per day (i.e., 7.50, 8.00).
To be eligible for the paid holiday, employees cannot have an unexcused absence the last scheduled day before the holiday or the first scheduled day following the holiday.
Employees who are scheduled to work but call in sick on the day before and/or the day after a designated holiday, may be required to present a doctor's statement of illness prior to authorization for payment of the holiday. Employees who have been requested to provide a doctor's statement and cannot or do not do so, will not be compensated for the holiday.
Employees who received prior authorization to use vacation or sick time during a period when a holiday occurs will receive the paid holiday and vacation or sick time accumulation will not be decreased for that day.
Two alternatives are available when it is necessary for an employee to work on a holiday recognized by the University.
Under the first alternative, employees will be paid at their overtime rate for that day and be granted another day off as a paid holiday. This day off will be scheduled at a time convenient for the employee and the department.
The second alternative allows employees to be paid at two and one-half times their regular rate of pay for that day.
The appropriate alternative will be determined by the department supervisor. The department that requires employees to work on a scheduled holiday must have an approved overtime account from which holiday overtime can be paid.
Employees will be compensated at their regular rate when they are required to work on an actual holiday that is observed by the University on a different day.
Employees in a full-time, 12-month, benefit status position are eligible for all paid holidays even though they might not be scheduled to work on the day the University observes the holiday. In the event employees are not scheduled to work on the holiday; they will take another day off during the pay period in which the holiday occurs. For example: An employee's normal work schedule is Sunday through Thursday. Independence Day is on Friday and the University recognizes the holiday on Friday; a day this employee is not scheduled to work. Since this employee is a full-time, benefit status employee, he is eligible for the Independence Day holiday and will observe the holiday on another scheduled workday during the pay period.
Employees who have a certified work-related injury are paid by the University's Worker's Compensation carrier at a rate equivalent to two-thirds their regular pay. Employees will be eligible for paid holidays recognized by the University only when they are supplementing the two-thirds Worker's Compensation benefit with their vacation, sick, or personal time. When supplementing, the paid holiday will be equivalent of one-third of their normal hours per day. Employees who choose not to supplement the Worker's Compensation benefit, will not be on the University's regular payroll and therefore will be ineligible for the paid holiday.
Employees may use vacation time, personal time or time off without pay to observe religious holidays that are not listed in this policy.
- Inclement Weather
It is the policy of the University to remain open and continue operations during periods of severe weather. However, the University recognizes that because of hazardous conditions, employees may find it difficult to report to work. Therefore, the University has established a policy that compensates those employees who are able to report to work during severe weather without penalizing those employees who determine the weather conditions to be unsafe for travel and are unable to report to work.
Definition of Snow Emergency for Putnam County
To clarify questions on the definition of “snow emergency”, the following information was provided in a memo from the Putnam County Emergency Management Agency (EMA): “In the event of a declared snow emergency, we would prefer you stay off the roads as much as possible, however, we also understand that the business/industries need to meet their needs. If you do travel, we would suggest that you go to work and return home. This will allow for maximum efficiency for the highway department and emergency service vehicles to serve the community. We will be providing information to WREB, who in return will be giving updates as to road condition, as well as weather conditions. They are located at 94.3 FM.”
“The general policy of the Putnam County Sheriff’s Department and the Greencastle Police Department is to NOT ticket individuals who are going to and from work, however, please as always use extreme caution during declared emergencies.
Severe Weather Emergency Declared by the University
A severe weather emergency will be determined by the President of the University or another designated official of the University. When a severe weather emergency is declared by the University, all employees will be compensated at their regular rate based upon their scheduled work hours, regardless of their ability to report to work. Due to the nature of University operations, it will be likely that a subset of employees are determined to be essential to the continued operation of the University even when academic classes and/or offices are closed. Employees asked to report to work during a severe weather emergency will be paid for actual hours worked (at overtime pay rate), in addition to the hours scheduled to work. As an example, an employee scheduled to work 8 hours who also reports to work during a severe weather emergency and works a 10 hour day will be paid a total of 23 hours (eight as inclement weather hours and ten overtime hours worked). Inclement weather pay will be equivalent to the hours scheduled to be worked on the day of the severe weather emergency
Severe Weather as Determined by the Employee
DePauw University considers the safety of all University employees as top priority. If a severe weather emergency has not been declared by the University and an employee is unable to report to work because of hazardous conditions, the employee must notify their department in accordance with established departmental procedures for reporting absences. It is the employee’s discretion to have the time off work classified as any of the following (up to amounts available to the employee as accrued); use of personal time, use of vacation time, or unpaid time off.
- Indiana Military Family Leave Act
An eligible employee who is a family member of a person on active duty in the United States Armed Forces, or the National Guard, may be eligible to take leave of up to a total of ten (10) workdays per rolling calendar year under the Indiana Military Family Leave Act of 2007. www.in.gov/legislative/ic/code/title22/ar2/ch13.html
An employee is eligible if he/she has been employed by the University for at least twelve (12) months; has worked at least 1500 hours during the twelve (12) month period immediately preceding the day the leave beings; and is a spouse, parent, grandparent, or sibling of a military member called to active duty.
Active duty is defined as full-time service on active duty orders in the armed forces of the United States, or the National Guard, for a period that exceeds eighty-nine (89) consecutive calendar days.
The Act provides for unpaid leave of up to ten (10) workdays per rolling calendar year during one or more of the following periods:
- Within the thirty (30) day period before active duty orders are in effect:
- During a period in which the person ordered to active duty is on leave while active duty orders are in effect; or
- During the thirty (30) day period after the active duty orders are terminated.
The employee must provide the University with at least thirty (30) days notice of the intention to take leave, unless the active duty orders are issued less than thirty (30) days before the date the requested leave is to begin. In addition, the employee must supply the University with documentation verifying the family member’s call to active duty. Non-faculty employees will be required to use available vacation, personal leave, and or compensatory time to cover the leave period being taken. Any time taken which is not covered by paid leave time will then be treated as unpaid leave.
In accordance with the Indiana Military Family Leave Act of 2007, the University hereby states that it will continue the employee’s benefits during the period of the leave (with the employee being responsible for payment of the employee portion of health benefits during the period of any unpaid leave) and will reinstate the employee to the same or an equivalent position upon the return from leave.
- Intellectual Property Policy
Adopted by the University, January 2008
DePauw University benefits from an active and productive faculty, and from encouraging faculty work and creativity both on and off the Greencastle campus. Intellectual property inevitably will be created in the course of research, teaching and service activities of DePauw University's faculty members and staff members. By longstanding practice, DePauw University has recognized and honored the academic tradition that individual faculty members own the copyrights of course-related, scholarly, and other creative original works of authorship that they produce in the course of their employment by DePauw University. DePauw University continues to recognize and honor this academic tradition, notwithstanding that federal law may give DePauw University presumptive ownership of original works of authorship created by its faculty within the scope of their employment. Accordingly, this DePauw University Intellectual Property Policy (the “Policy”) identifies the ownership interests of DePauw University and its faculty members and staff members with respect to original works of authorship created in the academic setting. This Policy is incorporated by reference into the policies governing conditions of employment of all DePauw University employees, and is binding as between DePauw University and its employees. In the event that this Policy, in conjunction with federal copyright or intellectual property law, does not effect the desired rights of ownership described below, DePauw University and its employees shall work in a good faith manner consistent with the principles in this Policy and execute any documentation necessary to carry out the intent of this Policy and its desired results.
Rights of Ownership
I. University Works
DePauw University shall own all “University Works,” meaning original works of authorship or invention that are created, in whole or in part:
- with the use of “Substantial University Resources,” meaning financial, material, personnel or other support provided to an employee that is beyond the level of common research and teaching support typically provided by DePauw University to that employee. [Note: This accounts for, and by implication assumes, that faculty members may be supported at differing levels, i.e. there is not a standard/definable support applicable to all]; or
- as a specific requirement of employment, pursuant to an explicit DePauw University assignment by a supervisor or duty, on commission from DePauw University for its own use, or pursuant to a gift, grant or contract which requires ownership by DePauw University.
University Works shall be owned by DePauw University as works made for hire within the scope of employment by DePauw University. The following works presumptively shall be considered University Works: “Courses,” meaning the copyrightable videotapes and other recordings of all course lectures, classes, or presentations;
“University Publications,” meaning DePauw University-sponsored or owned journals, periodicals, newsletters, yearbooks and other print or electronic publications; and
“University Administrative Materials,” meaning policies, curricula, promotional materials, web sites, and similar works, including but not limited to works created for faculty and DePauw University committees, works created by faculty members in assigned administrative roles, and works created by department chairs and program coordinators on behalf of their programs.
DePauw University grants faculty members and staff members non-exclusive rights to non-commercial use and distribution of University Works that they have authored unless otherwise prohibited by contractual or legal restrictions.
II. Staff Works
DePauw University shall own all “Staff Works,” meaning original works of authorship that are created:
- by non-faculty employees within the scope of employment by DePauw University; or
- by non-employees, consultants, or contractors expressly for DePauw University.
Exceptions may be granted in particular circumstances, such as for work done in an approved consultancy for another institution, or creative and scholarly work produced with DePauw University resources not related to the job description if so identified by the supervising vice president. DePauw University does not claim ownership of works created by non-faculty employees outside of the scope of employment by DePauw University.
III. Faculty Works
Faculty members shall own all “Faculty Works,” meaning original works of authorship that reflect scholarly research and creativity produced by and on the initiative of faculty members within the scope of their employment by DePauw University, including but not limited to: syllabi for courses, tests, assignments, instructor's notes, instructional materials (including websites and videos), textbooks, monographs, journal articles, other works of non-fiction and fiction, poems, speeches and other creative works such as musical compositions and visual works of art. As an exception, the University Communication Policy governs the right of the University to take possession of or to provide access to materials produced using the University’s electronic communications system when required by law or when there is evidence of violation of University policies.
Academic departments, the Committee on Faculty in the course of its deliberations, or the DePauw University administration may require individual faculty members to share copies of scholarly research and creativity, such as instructional and other materials used for ordinary classroom and program use, as part of the ordinary processes of administration, evaluation and internal or external review or in case of a disciplinary hearing. Additionally, faculty members may be asked to provide copies of scholarly research and creativity as part of internal or external review processes or in the course of applying for DePauw University funding of scholarly and other creative work. Such requirements to share and permit limited use of these works shall not otherwise limit a faculty member's copyright in scholarly research and creativity.
In cases where DePauw University is asked to make an extraordinary investment to enable faculty research or other work, ownership conditions will be negotiated at the time of the approval of the request for investment so that DePauw University may receive a fair return on its investment. In the case of scholarly, creative, or pedagogical work done collaboratively with other institutions or for-profit corporations, or where granting bodies take a different approach to ownership, agreements may be worked out ahead of time and subject to review and revision by the Chief Academic Officer, who shall apply the principle of maximizing academic freedom, fair use, open scholarly inquiry, and respect for the rights of authors and inventors.
IV. Student Works
Students shall own all “Student Works,” meaning materials produced as part of their academic work for graduation credit, including materials produced for particular courses, such as, written assignments, creative and artistic work, quizzes and examinations. As an exception, the University Communication Policy governs the right of the University to take possession of or to provide access to materials produced using the University’s electronic communications system when required by law or when there is evidence of violation of University policies.
Materials produced by students as employees of the University are governed by the “staff works” section of this policy.
Work by students produced in collaborative projects with faculty members or other DePauw employees shall be governed by the policies that govern the University employees unless there are particular stipulations made at the time of the start of the collaborative project.
Student works may be copied and retained by faculty members for use as needed in fulfilling their responsibilities as faculty members (such as verifying authenticity and originality) and as part of the academic personnel evaluation policy. A student work may not be shared by a faculty member with others outside of the previous provisions without permission of the student.
In cases where DePauw University is asked to make an extraordinary investment to enable student research or other work, DePauw University ownership conditions will be negotiated prior to the approval of the investment so that DePauw University may receive a fair return (minimally reimbursement) on its investment. In the case of scholarly, creative, or pedagogical work done collaboratively with other institutions or for-profit corporations, or where external funding agencies take a different approach to ownership, agreements may be worked out ahead of time and are subject to review and revision and final approval by the Chief Academic Officer, who shall apply the principle of maximizing academic freedom, fair use, open scholarly inquiry, and respect for the rights of authors and inventors.
Students who produce work during internships for hosts other than DePauw University (even if for academic credit and if partially supported by stipends from DePauw) shall retain ownership of those products except as they may be required to assign those rights to their internship hosts.
Copyright Notice and Use of the DePauw University Name
The following form of copyright notice shall be used on all University Works or any other works owned by DePauw University:
©[year of first publication] DePauw University. All Rights Reserved.
II. Use of the DePauw University Name
The DePauw University name, associated symbols, and seal are important and valuable representations of DePauw University and its academic reputation. Therefore, use of the DePauw University name, associated symbols, and seal in connection with a work, other than for the sole purpose of identifying the author as a university employee or as a student affiliated with DePauw University, requires the advanced written permission of the supervising DePauw University Vice President. This does not limit the right of university employees or students to use the DePauw University name in accurate descriptions of events and activities that have taken place at DePauw. Furthermore, faculty members, staff members and students at DePauw University may not participate in the creation or use of works that might give the impression of DePauw University sponsorship where there is none. If the DePauw University name, associated symbols, or seal is to be used in connection with any works created under collaborative agreements with outside entities, other than to identify the creator by his or her title at DePauw University, such agreements must be approved in advance and in writing by an authorized DePauw University administrator.
Administration, Interpretation and Dispute Resolution
Interpretation of this Policy
This policy shall be administered by the supervising vice presidents.
II. Interpretation and Dispute Resolution
All issues of interpretation and dispute resolution shall be managed by the Executive Vice President or another senior officer designated by the President.
- Job Descriptions
All employees should have a current job description on file in Human Resources. Copies of job descriptions may be distributed to supervisors upon request. Supervisors are encouraged to review and update job descriptions on a regular basis. Please note, however, that changes to job descriptions must be approved by the appropriate vice president and the Director of Human Resources.
- Lactation Accommodation Policy
DePauw University values a family-friendly environment for its employees, students and the community at large. To that end, the University strives to provide programs and services to assist employees to achieve a better work-life balance. The University recognizes the benefits of breastfeeding and supports the practice of breastfeeding, accommodates breastfeeding needs of employees, and provides adequate facilities for the expression of milk for the employee’s child in accordance with Indiana law (IC 22-2-14-2) and as described below.
- Lactation Accommodation Requests
- Any employee who wishes to breastfeed or express milk in the workplace shall notify her supervisor and discuss any relevant workload or scheduling issues.
- Supervisors who receive a lactation accommodation request shall do the following:
- Review available space in the department and provide appropriate nearby space, as described below, for lactation. If the supervisor is unable to locate appropriate space to meet the employee’s needs, the Office of Human Resources should be contacted for advice and assistance.
- Assure there is a convenient cold storage facility for keeping milk that has been expressed until the end of the workday. If a departmental refrigerator is provided, the employee must ensure that containers are well marked. If a refrigerator is not available, refer the employee to the Office of Human Resources who will assist the employee in securing a compact refrigerator for use during work hours.
- Familiarize themselves with this policy, as well as several other relevant policies; questions can be directed to the Office of Human Resources. As part of the mandatory new supervisor orientation, this policy, as well as several other policies will be reviewed and discussed.
- Lactation Breaks
- The required time needed for lactation breaks is impacted by individual needs and the proximity of a reasonable space for lactation. In general, approximately 30 minutes, 3 times per day, is needed. Lactation breaks should, if possible, run concurrently with any break time already provided to the employee.
- For non-exempt employees, in accordance with the Fair Labor Standards Act, breaks of less than thirty (30) minutes are considered paid time. Supervisors are expected to grant reasonable flex time scheduling to accommodate lactation needs and still allow for business needs to be accomplished.
- Lactation Facilities
- Appropriate private space shall be provided with reasonable efforts made for the lactation to be in close proximity to the nursing mother’s work area.
- The location may be the place where the nursing mother normally works if there is adequate privacy with a closable and lockable door (e.g., the employee’s private office or a conference room that can be secured). The location must have good lighting and an electrical outlet.
- The location must be clean, well ventilated, have a suitable/comfortable chair, and available table space.
- The location should have access nearby to a clean, safe water source.
- Areas such as restrooms, closets or storage areas are not acceptable spaces for lactation purposes.
Off Campus Errands by Hourly (Non-Exempt) Staff
Date: August, 2011
Contact: Human Resources x4181
This policy is to guide supervisors on what is appropriate to ask hourly staff to do with regard to off campus errands which would include purchases for office supplies, food, and other assorted tasks. It also is intended to clarify how these tasks must be accounted and compensated for.
Hourly (Non-Exempt): This is a worker who is eligible to receive overtime pay. (The non-exempt refers to the fact that they are “not exempt” from overtime.)
Workweek: A workweek is defined as Sunday, 12:00 midnight through Saturday, 12:00 midnight.
Overtime pay: This pay equal to 1 ½ times the current hourly rate for the position for all hours worked over 40 in one workweek. A supervisor has the option of providing time off within the workweek in order to keep hours within the 40 regular hours. Example: If overtime is expected on Saturday of the workweek, time off must be provided prior to that Saturday to stay within the 40 regular hours. If overtime is expected on a Sunday, then time off can be scheduled during the same week.
All on-campus options should be exhausted before asking an Hourly (non-exempt) staff member to run an errand off campus. Examples include:
- Arranging for food for events should generally be done through on-campus catering. The university has a contract and they can provide the food and cleanup for any event.
Contact: Catering Manager, x5421
- Buying supplies should generally be done through suppliers with negotiated contracts for providing supplies at a lower cost.
Contact: Business Services, x4020
However, there may be times when it is necessary to ask a staff member to run errands off campus. These tasks/errands must be:
- Clearly identified as a critical part of the work product and support of the department/division (For example: student seminars, guest speakers, special emergency supplies).
- Clearly identified in the job description as part of the work responsibilities for the staff member‟s job.
Examples of tasks/errands that are NOT appropriate for staff members to be asked to do:
- personal errands for other department members
- buying supplies/food which otherwise could be purchased through the university purchasing program unless it is agreed that the university provided solution is not appropriate either because of timing or cost.
Staff members should not be asked to do errands on their lunch hour or other personal time. All time spent on errands must be compensated in the same way by which all other hours are compensated (i.e., regular time or overtime, as defined above). In addition, if a personal car is used, mileage must be paid to the staff member at the rate established by the accounting office which is currently .42 per mile.
Because DePauw University employees are members of the civic community, they must from time-to-time exercise certain responsibilities to that community. In recognition of these obligations, the University will grant time off for the following:
Jury Duty: When employees are selected for jury duty, they will continue to receive full pay from the University based upon their normal work schedule and normal hours per day up to a maximum of five (5) consecutive days. If employees are required to be absent from their job for a period longer than five consecutive days, pay from the University will be reduced by the amount received for jury duty up to twenty (20) additional workdays. Employees should present proof of jury attendance to their supervisor.
Voting: Because of the period of time the polls are open, most employees will be able to fulfill this obligation outside of their normal work schedule. However, if employees are unable to reach a polling place before or after their normal work hours, every effort will be made to allow employees the time necessary to vote and such time off will be given with pay when employees properly request time off through their supervisor. Voting pay will not exceed two (2) hours.
Military Leave: Military leaves of absence and re-employment rights of employees who serve in the armed forces of the United States will be determined on the basis of applicable Federal Laws. The University cannot require employees to use vacation time to cover their absence but employees may choose to use vacation time if they wish.
Civic Duty: Employees will be paid for time spent during working hours in fighting fires, answering public alarms, and in non-scheduled driving of an ambulance providing they are a member of such organization serving the community. Employees should present proof of membership in the organization to their supervisor. Time off for this purpose is limited to the equivalent of two (2) normal workdays per year.
Effective Date: August 18, 2010
Contact Person for Non-Academic Affairs Staff: Bruce Burking, x 4180
Under the Fair Labor Standards Act, accurate records of all hours worked by non-exempt employees must be maintained and overtime must be calculated on a workweek basis.
Definition of workweek: For the purposes of calculating overtime the work week is defined as Sunday, 12 a.m. through Saturday, 12 a.m.
All hours worked and other paid time must be used when calculating overtime compensation. Paid time includes but is not limited to: vacation time, sick time, holidays, personal time, compensatory time taken, bereavement leave, jury duty, and wage continuance for pregnancy and/or delivery. All time that exceeds 40 hours in any workweek must be paid at a rate that is equal to at least one and one-half times the employee's regular hourly rate. There are no exceptions to this rule.
Supervisory Responsibility: It is the responsibility of the supervisor to ensure that any hours worked beyond 40 in any workweek are compensated at a rate that is equal to at least one and one-half times the employee's regular hourly rate. The supervisor has the right to determine the hours to be worked in a week to accomplish the job and these hours can vary to accommodate special events as the job may require.
Example: If a person has worked a 40 hour week and is asked to work a Saturday event, overtime will be required. If the person has taken off prior to Saturday, then no overtime would be required if the total number of hours for the workweek did not exceed 40. If a person is asked to work a Sunday event, overtime will be required unless the person takes off during the week following the event.
Comp Time: There is no comp time. Hours cannot be taken off to “compensate” for the possibility of overtime any time other than during the scheduled work week.
This policy addresses paid Maternity, Adoption, and Parental leaves for eligible employees. These leaves are concurrent with the Family Medical Leave Act (FMLA) and may include provisions under the DePauw University Medical Leave Policy. For the purposes of this policy, the leave year will be determined by a “rolling” 12-month period measured backward from the date the employee first takes time off for an FMLA qualified leave. Wage continuance under this policy is only available during the time when the employee is normally scheduled to work.
This policy incorporates provisions of the FMLA, under which eligible employees may, under certain conditions, be eligible to take up to 12 weeks of unpaid leave per leave year (See Family and Medical Leave Act (FMLA) of 1993 and DePauw University Medical Leave Policy).
“Eligible employees” are considered eligible if they have been employed by the University for at least one (1) year and at least 1250 hours over the prior 12 months. A year of service does not have to be continuous, but separation cannot exceed seven (7) years unless the break-in-service was due to National Guard or Reserve Military service obligations. Employees who are not eligible for leave under this policy may qualify for medical leave according to the DePauw University Medical Leave Policy, and/or leave as required by the FMLA.
During a parental leave, benefits continue as though the employee is actively working. Benefits include but are not limited to:
- The hourly employee will continue to accrue sick and vacation time based upon pay period hours reported; the salaried employee will continue to receive vacation as scheduled. (see Employee Guide/Vacation Policy)
- The employee will be paid for holidays occurring during his/her regular schedule.
- Health insurance contributions made by the employee will be deducted from pay issued.
- The employee will remain an active participant in the retirement program.
Leave Request Procedure
Employees taking leave under this policy must submit a written request at least thirty (30) days before the anticipated commencement of the leave. Faculty members should submit their request to the Vice President for Academic Affairs (VPAA) and to Human Resources. Staff members should submit their request to their immediate supervisor and to Human Resources. In the case of an emergency or when 30-days notice cannot otherwise be provided, the employee or a member of the employees’ immediate family must notify the VPAA, if faculty, or their immediate supervisor, if staff, and Human Resources. In the event notice is provided verbally, a written leave request should follow the verbal request by no more than five (5) days. A physician’s certification will be needed for FMLA and DePauw University Medical Leave eligibility purposes.
An eligible faculty member who gives birth to a child may take a twelve (12) week paid leave, within the leave year. The leave will be effective in the semester during which the eligible faculty member will miss more than two (2) successive weeks of class due to the birth. If the associated leave will not overlap more than two (2) successive weeks of class, the leave may be taken during the semester immediately following the birth. During an approved Maternity leave, the eligible faculty member is relieved of all teaching, service, and scholarly/artistic work obligations. The balance of the eligible faculty member’s work during the remaining weeks of the affected semester will be devoted to non-teaching duties (i.e., scholarly/artistic work, professional development or service) An eligible faculty member who takes a Maternity leave during his/her probationary period for tenure may, upon request to and approval of the VPAA, receive a one (1) semester extension of the probationary period.
An eligible staff member who gives birth to a child may take an eight (8) week paid leave. In addition, eligible staff members may take up to an additional four (4) weeks of any accrued, but unused vacation time, up to a maximum of twelve (12) consecutive weeks, within the leave year. During an approved Maternity leave, the eligible staff member is relieved of all work obligations.
The Maternity leave will run concurrently with a medical leave associated with the birth. The birth of more than one (1) child from the same pregnancy constitutes one (1) birth for the purposes of this policy.
An eligible faculty member may take a twelve (12) week paid leave for adoption of a child six (6) years of age or less, within the leave year. The leave may be taken within a period of up to one (1) year after placement. The leave will be effective in the semester during which the eligible faculty member will miss more than two (2) successive weeks of class due to Adoption Leave. During an approved Adoption leave, the eligible faculty member is relieved of all teaching, service, and scholarly/artistic work obligations. The balance of the eligible faculty member’s work during the remaining weeks of the affected semester will be devoted to non-teaching duties (i.e., scholarly/artistic work, professional development or service) An eligible faculty member who takes an Adoption leave during his/her probationary period for tenure may, upon request to and approval of the VPAA, receive a one (1) semester extension of the probationary period.
An eligible staff member may take an eight (8) week paid leave for adoption of a child six (6) years of age or less. In addition, eligible staff members may take up to an additional four (4) weeks of any accrued, but unused, vacation time, up to a maximum of twelve (12) consecutive weeks, within the leave year.
The adoption of more than one (1) child within the same leave year constitutes one (1) adoption for the purposes of this policy. The leave may be taken within a period of up to one (1) year after placement. An eligible faculty member or eligible staff member may take only one (1) Adoption Leave per leave year. If a subsequent adoption occurs within the leave year, the eligible faculty member or eligible staff member may take an Adoption Leave after the expiration of the current leave year.
Where the other adoptive parent is a DePauw University employee who is also either an eligible faculty member or an eligible staff member for a paid Adoption Leave, only one (1) parent may take a paid Adoption Leave; the other may take a Parental Leave.
In the event of the birth of a child or the adoption or foster care placement of a child six (6) years of age or less, an eligible employee who is not eligible for either Maternity Leave or Adoption Leave is entitled to up to two (2) weeks of paid Parental Leave following the birth, adoption, or foster care placement. The leave may be taken within a period of up to one (1) year after the birth, adoption, or foster care placement. The birth, adoption, or foster care placement of more than one (1) child within the same leave year constitutes one (1) parental leave for the purposes of this policy.
There is parking on campus that is designated for employees. Employees must contact the DePauw Police Department, 101 E. Seminary St., Lower Level, to register their vehicles and obtain parking stickers. This office may be reached at 765-658-5555.
Pay will be distributed by Direct Deposit according to the following schedule:
Hourly employees – Direct Deposit will be made on a biweekly basis. A copy of the biweekly Staff and Student Pay Schedule can be found on the Important Dates section of the HR website.
Salaried employees – Direct Deposit will be made on a semi-monthly basis (generally available on the 15th and the last working day of each month). A copy of the Semimonthly Pay Schedule can be found on the Important Dates section of the HR website.
Pay Statements are available via Employee Self Service in the ADP Portal. Instructions for Self Service Registration can be found under the Payroll section of the HR website.
Performance reviews should be conducted for all employees at the end of their initial 90-day probationary period and then conducted thereafter on an annual basis. Supervisors will be advised by the Office of Human Resources when annual performance reviews are to be completed.
Full-time, benefit status hourly employees are entitled to one personal day per calendar year.
- Employees will receive a personal day equal to their normal hours per day.
- Employees must obtain approval from their supervisor to use their personal day before it is taken.
- Employees may only use their personal day at a time when they are normally scheduled to work.
- Employees may use the personal day in quarter-hour increments.
- The personal day may not be accrued. Any balance remaining as of December 31 will be forfeited. During the pay period in which January 1 occurs, the personal day balance will be set to an amount equal to the normal hours per day as indicated in each employee's personnel/payroll record.
- The use of the personal day does not affect eligibility for attendance awards issued through the Sick Leave Incentive Award Program or the Savings Bond Award Program.
- Upon retirement or separation of employment, no payment will be issued for any remaining personal day balance.
A Personnel Action Sheet is used to communicate and process personnel changes, payroll changes, and personal information changes for all employees. This form is available from Human Resources. Reasons for completing and processing a Personnel Action Sheet include but are not limited to the following situations:
- Hiring a new employee
- Completion of a probationary period
- Extension of a probationary period
- Separation of employment
- Transfer to another position or department
- Begin, continue, or return from a leave of absence (Reminder; a leave of absence is defined as any absence that exceeds more than five consecutive days.)
- Change from paid status to unpaid status during a leave of absence
- Change in employment status (part-time to full-time, full-time to part-time, on-call to part-time, etc.)
- Change in annual hours
- Change in classification
- Change in job title
- Change in position status (change in hours per day, hours per week, annual hours)
- Change in rate of pay
- Change of shift
- Change in campus address or campus phone
- Change in home address or home phone
- When full-time employees work outside of their regular position for the following:
Alumni Reunion Weekend, Commencement, Old Gold Weekend, Freshman Testing for Institutional Research.
While the University recognizes that pets are often an integral part of many of our employees’ families, it is also recognized that some of our students and employees may suffer from animal-related allergies or may be fearful of animals. In an effort to provide a work environment which reduces the potential for safety and health concerns, pets are not permitted in university buildings, with the exception of service animals.
As defined under the Americans with Disabilities Act, service animals are animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks.
Regular, full-time, 12-month positions are categorized into two groups:
- A position budgeted for 1920 annual hours has a schedule of 37.5 hours per week for 40 weeks during the academic year and 35 hours per week for 12 weeks during summer hours.
- A position budgeted for 2080 annual hours has a schedule of 40 hours per week for 52 weeks.
- Positions budgeted for more than 1000 annual hours but less than 1920 annual hours may also be considered regular, full-time positions. These positions are considered 9 ½-, 10-, 10 ½-, or 11-month status. Normal schedules are given below, however, hours reported may be spread over the entire fiscal year as long as total hours reported do not exceed those budgeted for the position. The most common categories are as follows:
- A 9 ½-month position budgeted for 1535 annual hours has a normal schedule of 37.5 hours per week for 40 weeks during the academic year and 35 hours per week for one week during summer hours.
- A 10-month position budgeted for 1605 annual hours has a normal schedule of 37.5 hours per week for 40 weeks during the academic year and 35 hours per week for three weeks during summer hours.
- A 10 ½-month position budgeted for 1710 annual hours has a normal work schedule of 37.5 hours per week for 40 weeks during the academic year and 35 hours per week for six weeks during summer hours.
- An 11-month position budgeted for 1780 annual hours has a normal schedule of 37.5 hours per week for 40 weeks during the academic year and 35 hours per week for eight weeks during summer hours.
- A 9 ½-month position budgeted for 1640 annual hours has a normal schedule of 40 hours per week for 41 weeks during the fiscal year.
- A 10-month position budgeted for 1720 annual hours has a normal work schedule of 40 hours per week for 43 weeks during the fiscal year.
- A 10 ½ -month position budgeted for 1840 annual hours has a normal work schedule of 40 hours per week for 46 weeks during the fiscal year.
- An 11-month position budgeted for 1920 annual hours has a normal schedule of 40 hours per week for 48 weeks during the fiscal year.
Where it appears appropriate and effective, the University will utilize a system of progressive discipline to address the remedy of situations where an employee demonstrates unacceptable conduct and/or performance. Under the University’s system of progressive discipline, each incident which may require disciplinary action will be examined carefully to insure verification of facts and consistent application of corrective measures. Further, whenever reasonably feasible, an effort will be made to make certain the employee understands the rule that is involved, why the behavior is inappropriate or unacceptable, and specific changes which must be made in order to bring the employee’s conduct or performance to an acceptable level. The progressive discipline principle allows the employee to see the results of his/her actions if the problem persists and encourages the employee to develop good self-discipline habits so as to make further imposed discipline unnecessary.
Progressive discipline is not applicable in every instance where disciplinary action is warranted. Specifically, if an employee’s violation of University work rules or policies involves gross misconduct (such as actions which involve the violation of state or federal laws, actions involving workplace violence, public intoxication and/or disorderly conduct, etc), the employee may not be eligible for progressive discipline and instead will be subject to more serious disciplinary action, up to and including immediate termination. Actions requiring discipline and the progression of disciplinary steps which will be followed may vary at the sole discretion of the University and will not necessarily be limited to those actions listed in this policy. Not all actions which might warrant discipline are specifically included in this policy.
The progression of steps of discipline may include any or all of the following:
- Counseling: Discussion by the supervisor with the employee of behavior which could result in progressive discipline. The discussion should be documented in the supervisor’s personal files but need not be filed in Human Resources.
- Verbal Warning: A verbal discussion between a supervisor and an employee about an employee’s failure to comply with a rule or demonstrated unacceptable conduct or performance. This is the first step in the formal disciplinary process. The supervisor must document that the meeting occurred, the subject of the meeting and the outcome of the meeting and submit the documentation to the employee’s file in Human Resources.
- Written Warning: A second or subsequent documentation of an ongoing disciplinary issue. Documentation goes to the employee’s file in Human Resources.
- Final Warning: At the point of progressive discipline that a supervisor has decided that the only possible consequence of further problems with performance or behavior is termination of employment, a Final Warning clearly stating the consequences should be issued and filed in the employee’s file in Human Resources. This is not to imply that an employee can only be terminated if a Final Warning is on file. It is simply advised to best insure that the employee clearly understands the implications of further failure to perform.
- Termination of Employment: This final step in the progressive disciplinary process requires both documentation of the rationale and circumstances and accompanying submission of a Personnel Action Sheet documenting the termination. Terminations require consultation with the Office of Human Resources.
* Suspension: Suspension from work , with or without pay, is an OPTIONAL step in the disciplinary process. Suspending employees as punishment is not particularly effective nor is it encouraged by the Human Resources office. Suspension is generally called for when it is necessary to remove an employee from the work environment while decisions are being made on an appropriate progressive disciplinary step; for example, while investigating a sexual harassment complaint, as a result of an altercation between an employee and another individual, or when an employee is at work in an intoxicated state. Suspension can occur at any point in the progressive disciplinary process. Suspensions must be documented to the employee’s file in Human Resources. Salaried employees can only be suspended for a full day of work and can be suspended only in instances of severe or gross misconduct.
The following are some examples, but certainly not a comprehensive list, of the kinds of situations that might call for progressive discipline:
- Chronic and/or excessive tardiness/absenteeism
- Careless work resulting in waste, spoilage, or delay
- Leaving the work area without authorization or not being in an assigned area as designated
- Profanity directed at a supervisor, co-worker, student or campus visitor
- Inefficient or ineffective work based upon established University and/or department standards
- Tampering with or falsifying official University records including one’s own or another’s time card
- Unauthorized soliciting in University work areas during work time and/or wandering in other departments without authorization
- Fighting or threats of violence
- Failure to report an accident, injury, or hazardous situation in a prompt manner
- Violation of University policies including the policy on Harassment, Substance Abuse, Consensual Relations, etc.
DePauw University requires its trustees, officers, and employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. The University’s internal controls and operating procedures are intended to deter and prohibit activity that is contrary to University policy, or is in violation of federal, state or local laws and regulations. This policy is intended to protect any student or employee who engages in good faith disclosure of an alleged action or omission, reasonably believed to be a violation of laws, regulations, or the University’s policies or procedures, by a University official or employee. Violations may include, but are not limited to:
- A violation of a federal, state, or local law;
- Fraud or financial irregularities;
- Violation of any University policy;
- Fraudulent financial reporting;
- Forgery or alteration of any documents;
- Unauthorized alteration or manipulation of computer files;
- The use of University, property, resources or authority for personal gain or for non-University-related purpose except as authorized or provided under University policy;
- Authorizing or receiving compensation for services not received or services not performed;
- Requesting reimbursement for expenses not incurred;
- Authorizing or receiving compensation for hours not worked;
- Activities endangering the health and safety of others.
This policy prohibits retaliation in any form against an employee or student who in good faith reasonably believes and reports such alleged violations to the University’s attention. However, any employee or student who knowingly makes false accusations of misconduct shall be subject to disciplinary action. This policy also prohibits retaliation in any form against an employee or student who participates in or otherwise assists with an administrative proceeding, judicial proceeding, or investigation under this policy by the University, the Audit and Risk Management Committee of the Board of Trustees, or government agencies. Any employee or student who takes any actions whatsoever in retaliation against an employee or student of the University who has in good faith and with reasonable belief of a violation raised any question or concern or made a report under this policy shall be subject to discipline, up to and including termination of employment. Any employee or student who encourages others to retaliate also violates this policy and will be subject to such disciplinary action.
The University will investigate any reported violation of laws, regulations, policies, or procedures by a University official or employee. Anyone found to have engaged in such violations is subject to disciplinary action, up to and including termination of employment, subject to applicable University procedures. All members of the University community are expected and encouraged to report possible violations through appropriate University procedures published elsewhere or by contacting the Vice President supervising the university official or employee whose conduct is in question; however, anyone concerned about possible retaliation may use the special reporting mechanisms of this policy (“whistleblower reporting”). Regardless of how the report of possible violations is filed, any concern about apparent retaliation for reporting a possible violation should be reported through the procedures outlined in this policy.
REPORTING AND INVESTIGATION
This section applies both to whistleblower reporting and to reporting retaliation against whistleblowers.
Reports of suspected violations can be made confidentially and/or anonymously. The University will investigate such reports, but the promise of confidentiality cannot be assured, depending on the nature of the violation and the course of the investigation. Efforts within legal limits will be made to protect the confidentiality of the source. To the extent possible, any report or complaint should be factual and contain as much specific information as possible setting forth all of the information about which the employee or student has knowledge. In conducting the investigation, the University may retain outside legal or accounting expertise.
Staff members should direct their reports under this policy to the Director of Human Resources. If the Director of Human Resources is not available, or if the staff member is uncomfortable reporting the suspected violation to the Director of Human Resources, he or she may direct the report to the Vice President for Academic Affairs.
Faculty members should direct their reports under this policy to the Vice President for Academic Affairs. If the Vice President for Academic Affairs is not available, or if the faculty member is uncomfortable reporting the suspected violation to the Vice President for Academic Affairs, he or she may direct the report to the Director of Human Resources.
Students should direct their reports under this policy to the Dean of Students. If the Dean of Students is not available, or if the student is uncomfortable reporting the suspected violation to the Dean of Students, he or she may direct the report to the Vice President for Academic Affairs.
Supervisors and Department Chairs who receive reports of suspected violations under this policy should not investigate those reports but should forward them to the Director of Human Resources or Vice President for Academic Affairs, as indicated above.
The Dean of Students, Director of Human Resources and Vice President for Academic Affairs who receive reports of suspected violations under this policy should immediately forward them to the President who shall designate a coordinator to investigate the suspected violations. The procedures for investigation and for decisions regarding actions to take in light of the findings will follow other relevant university policies and procedures if the suspected violation is covered by another policy; otherwise appropriate procedures will be selected by the Coordinator after consultation with the President.
The Coordinator of the investigation of the suspected violations will report findings to the President who will share findings of violations and actions taken with the Chair of the Board of Trustees and the Chair of the Audit and Risk Management Committee.
Exceptions: If the investigation is of the President, the Dean of Students, Director of Human Resources or Vice President for Academic Affairs who receives the report should forward the report to the Chair of the Board of Trustees who shall designate a coordinator whose consultation on procedures will be with the Chair of the Board of Trustees, and the decision on action will be made by the Chair of the Board of Trustees. If the investigation is of a trustee, it will be handled by the Chair of the Board of Trustees with advice of the Chair of the Audit and Risk Management Committee.
On an annual basis, the University will provide the Audit and Risk Management Committee a summary of all reports under this policy.
Providing a Healthy and Safe Workplace
Date: August, 2011
Contact: Human Resources x4181
The University values an atmosphere that fosters a healthy and safe work environment that is conducive for faculty/staff to accomplish their job duties. In addition, there are many areas where confidentiality must be preserved. In order to create and maintain this environment it is important faculty and staff remain aware of potential safety issues and disruptions that would be detrimental to the completion of the individual’s duties. This policy provides guidelines for identifying and remedying situations that could disrupt the environment.
Faculty and Staff must be vigilant in maintaining a safe and healthy work environment for themselves and others. Everyone is encouraged to consider and respect the work of colleagues when making decisions that might be considered a disruption. If a situation arises and a faculty/staff member is questioning whether it is detrimental to the completion of an individual’s duties or those of others, the observer should bring the situation to the attention of the party involved or to the supervisor/department head. If the situation cannot be resolved within the area, a representative from Human Resources can be called to assist.
It is always advisable that supervisors and department heads have periodic discussions with all faculty and staff about expectations and responsibilities regarding the work environment of colleagues and agree on what might be considered a disruption and/or a safety/health hazard. Also, it is important to include a review of the confidentiality needs of the area.
Examples of Potential Disruptions
The following are examples only and not intended to be a complete list of potential situations causing disruptions. Any disruption should be brought to the attention of the individual responsible and/or the supervisor/department head.
Some workspaces are not suitable for personal visitors or children. In addition, strict guidelines should be maintained if a child is brought into the workplace. If there is any question about this, employees should seek guidance from their supervisor/department head.
Safety: A minor may never be allowed into an area that is potentially hazardous (i.e., where hazardous equipment, human-derived materials, radioactive materials, etc., are located); such prohibited areas include workshops and laboratories, areas where chemicals are stored, and plant rooms.
Supervision: Children must be supervised by the parent or guardian at all times with consideration to the workplace issues. Employees supervising children must be able to complete their own work. No other colleague or student should be asked to supervise a child. If a complaint is made about disruption being caused by a child in the workplace, the supervisor/department head will ask the parent/guardian to immediately correct the situation even if this requires the parent/guardian to take vacation time or personal leave time in order to do so. No employee may use the workplace as an alternative to childcare.
Illness: Children exhibiting symptoms of potentially contagious illnesses should not be brought into the workplace. Provision for sick children should be made within the context of various forms of leave available to employees such as: leave relating to caring for a sick family member (sick leave), annual leave, or unpaid leave.
Computer Use: Institutional computers are University property and intended for use only by employees in the course and scope of assigned duties; they should not be used to entertain visiting children.
The University does not accept any liability for injuries to children who are not authorized to be in the workplace.
Personal Electronic Equipment
Staff and faculty may have personal electronic equipment (radios, music playing devices, computers, etc). The use of these items may not interfere with the individual’s work or the work of colleagues in the area. If there is a complaint, the supervisor/department head will review and recommend a solution.
The university does not accept any liability for damage, loss, or theft of any of these personal items.
Other Disruptions/Safety Issues
Other issues may be brought to the attention of the individual or the supervisor/department head. The supervisor will resolve the issue and may call upon Human Resources to help in deciding the best solution.
Consistent with the Sarbanes-Oxley Act, which makes it a crime to alter, cover up, falsify, or destroy any document with the intent of impeding or obstructing any official proceeding, this policy provides for the systematic review, retention, and destruction of documents received or created by DePauw University in connection with the transaction of University business. This policy covers all records and documents, regardless of physical form, contains guidelines for how long certain documents should be kept, and how records should be destroyed (unless under a legal hold). The policy is designed to ensure compliance with federal and state laws and regulations, to eliminate accidental or innocent destruction of records, and to facilitate DePauw University’s operations by promoting efficiency and freeing up valuable storage space.
DePauw University follows the document retention procedures outlined below. Documents that are not listed, but are substantially similar to those listed in the schedule, will be retained for the appropriate length of time.
|Annual Reports to Secretary of State/Attorney General||Permanent|
|Articles of Incorporation||Permanent|
|Board Meeting and Board Committee Minutes||Permanent|
|Contracts (after expiration)||7 years|
|Correspondence (general)||3 years|
|Fixed Asset Records||Permanent|
|IRS Application for Tax-Exempt Status (Form 1023)||Permanent|
|IRS Determination Letter||Permanent|
|State Sales Tax Exemption Letter||Permanent|
Accounting and Corporate Tax Records
|Annual Audits and Financial Statements||Permanent|
|Business Expense Records||7 years|
|Cash Receipts||3 years|
|Credit Card Receipts||3 years|
|IRS Form 990 Tax Returns||Permanent|
|IRS Forms 1099||7 years|
|Journal Entries||7 years|
|Petty Cash Vouchers||3 years|
|Sales Records (box office, concessions, gift shop)||5 years|
|Bank Deposit Slips||7 years|
|Bank Statements and Reconciliations||7 years|
|Check Registers||7 years|
|lectronic Fund Transfer Documents||7 years|
Payroll and Employment Tax Records
|Earnings Records||7 years|
|Garnishment Records||7 years|
|Payroll Tax Returns||7 years|
|State Unemployment Tax Records||Permanent|
|W-2 Statements||7 years|
|Accident Reports and Worker’s Compensation Records||5 years|
|Employment and Termination Agreements||Permanent|
|Employment Applications||3 years|
|I-9 Forms||3 years after termination|
|Records Relating to Promotion, Demotion, or Discharge||7 years after termination|
|Retirement and Pension Plan Documents||Permanent|
|Salary Schedules||5 years|
|Time Cards||2 years|
Donor and Grant Records
|Donor Records and Acknowledgment Letters||7 years|
|Fund/Trust Agreements and Statements||Permanentv||Grant Applications and Contracts||7 years after completion||Grant Applications – Non-awarded||3 Years|
Legal, Insurance, and Safety Records
|General Contracts||3 years after termination|
|Leases||6 years after expiration|
|OSHA Documents||5 years|
|Real Estate Documents||Permanent|
|Stock and Bond Records||Permanent|
|Academic Advising Files||3 Years|
|Academic Integrity Files||5 Years from last incident|
|ADA Files||5 Years|
|Admission Applications – Non-enrolled Students||1 Year|
|Financial Aid Files||4 Years|
|Health Files||7 Years|
|Perkins Loan Files||3 Years after payoff|
|Scholastic Standing Files||5 Years|
|Student Life Files||6 Years|
Electronic Documents and Records
Electronic documents will be retained as if they were paper documents. Therefore, any electronic files, including records of donations made online, that fall into one of the document types on the above schedule will be maintained for the appropriate amount of time. If a user has sufficient reason to keep an e-mail message, the message should be printed in hard copy and kept in the appropriate file or moved to an “archive” computer file folder. Backup and recovery methods will be tested on a regular basis.
DePauw University’s records will be stored in a safe, secure, and accessible manner. Documents and financial files that are essential to keeping DePauw University operating in an emergency will be duplicated or backed up at least every week and maintained off-site.
DePauw University’s chief financial officer is responsible for the ongoing process of identifying its records, which have met the required retention period, and overseeing their destruction. Destruction of financial and personnel-related documents will be accomplished by shredding.
Document destruction will be suspended immediately, upon any indication of an official investigation or when a lawsuit is filed or appears imminent. Destruction will be reinstated upon conclusion of the investigation.
Failure on the part of employees to follow this policy can result in possible civil and criminal sanctions against DePauw University and its employees and possible disciplinary action against responsible individuals. The Chief Financial Officer and the Audit and Risk Management Committee Chair will periodically review these procedures with legal counsel or the University’s Independent Certified Public Accountants to ensure that they are in compliance with new or revised regulations.
--Endorsed by the Audit and Risk Management Committee, April 17, 2007
Eligibility for retirement and continuation of group health insurance coverage is determined by the employee’s age and years of continuous full-time employment with the University. Employees will be considered eligible when the criteria in one of the following options is met. There is no continuation of group health insurance if an employee was hired on or after January 1, 2013.
Option A: Employees may continue group health insurance at the retiree rate if by the retirement date they
are at least age 55 years, and
have completed at least 15 years of continuous full-time employment, and
have a combination of age and years of continuous full-time employment that totals at least 80.
were hired prior to January 1, 2013.
Option B: (Available only for employees hired prior to July 1, 1996): Employees may continue group health insurance at the retiree rate if by the retirement date they
are at least age 62 years, and
have completed at least 15 years of continuous full-time employment.
Group health insurance may also be continued for eligible dependents insured at the time of retirement.
Retirees may terminate group health insurance coverage for an eligible dependent at any time but may not add new dependents.
Disability Provision / “Bridge” Policy
The Disability Provision is intended to act as a bridge which may allow the employee to meet eligibility requirements for retirement and transition to retiree benefits. If applicable, this provision allows an employee to remain covered on the group health insurance plan from the date of disability as follows:
Years of continuous, full-time Service:
Employees must continue to pay the employee’s share of the health insurance premium through the continuations period.
Example of how this provision works: If an employee is 55 years old with 23 years of service and becomes disabled, this employee does not meet the eligibility requirements of the Retirement Policy (55 + 23 = 78). However, the bridge would allow this employee to continue for up to 3 more years on the active coverage at which time the employee would meet eligibility requirements for retirement and transition to retiree benefits.
The employee who elects to retire must submit a letter of retirement, which includes the retirement date to his/her supervisor. A copy of the letter must be forwarded to Human Resources.
The employee considering retirement should contact the Social Security Office six months prior to the planned retirement.
The employee who has participated in a University-sponsored retirement plan should contact the carrier six months prior to the planned retirement to discuss options for distribution of funds.
The Human Resources Staff is available to assist the employee in the transition from active employment status to retirement. Employees are encouraged to contact Human Resources to discuss retirement date, benefits (i.e., Health Insurance, Life Insurance, Retirement Plan) and any other questions regarding retirement.
Full-time employees are entitled to supplemental or shift bonus pay differentials under the following conditions:
- For employees to be eligible for shift differential of 5% of their base rate, they must be regularly scheduled to work what is referred to as second (2nd) shift. Second shift is determined to be a schedule that extends a minimum of four hours past 5:00 p.m. Shift differential will apply to all hours worked within the shift.
- For employees to be eligible for shift differential of 12% of their base rate, they must be regularly scheduled to work what is referred to as third (3rd) shift. Third shift is determined to be a schedule that extends a minimum of four hours past midnight. Shift differential will apply to all hours worked within the shift.
- Shift differential does not apply where original or subsequent wage and salary arrangements have previously taken into consideration the schedules to be worked.
- Employees are not eligible for shift differential when a flexible work arrangement has been agreed to primarily for their benefit and convenience.
Full-time, benefit status hourly employees accrue sick time according to the following schedule:
|Annual Hours (Based on 26 Pays Per Year)||Hourly Accrual Factor||Approximate Annual Entitlement (Based on 26 Pays Per Year)||Maximum Accrual|
|1920||0.046875/hour||90.00 hours||900.00 hours|
|2080||0.046154/hour||96.00 hours||960.00 hours|
Full-time, benefit status salaried employees do not accrue sick leave but they are covered under the Salary Continuation policy.
Sick time benefits are subject to the following:
- Employees must follow the normal procedures for reporting absences as established by their department.
- Employees may use sick time as it is earned.
- Employees are not required to complete their 90-day probationary period before sick time may be taken.
- Employees may only use sick time at a time when they are normally scheduled to work.
- Employees may use sick time in quarter-hour increments.
- Employees may use sick time when they are ill or need time off for doctor visits. In addition, non-exempt employees may use accrued sick time to care for an ill child, spouse, or parent. Exempt employees may use up to 10 days of sick time per calendar year to care for an ill child, spouse, or parent. Absence of more than five (5) consecutive days will require the submission of an FMLA Physician’s Certification (see FMLA policy).
- Employees who reach their maximum sick time accrual become eligible for the Sick Leave Incentive Program. When the maximum sick time accrual is reached and maintained for the following 12-month period, an incentive award equivalent to up to 3 days pay will be processed.
- At separation of employment (retirement or termination), no payment will be issued for sick time accrued but not taken.
For Full-time, Hourly Employees
The employee must be considered an official retiree from DePauw University by meeting the criteria specified in the University Retirement Policy. The sick time bonus at retirement of the employee will be based on the employee’s accumulated sick time balance as of the date of retirement.
|If Your Sick Time Balance is:
800 or more hours
700 - 799 hours
500 - 699 hours
300 - 499 hours
200 - 299 hours
Less than 200 hours
|Your Bonus is:
In the event of the death of an employee, the Bonus amount will be issued to the same beneficiary or beneficiaries as designated on the employee’s life insurance benefit record. The Bonus amount will be determined by the employee’s accumulated sick time balance as of the date of death and will follow the payout schedule specified above in item #2. The employee does not have to meet the University’s definition of retirement in order for the beneficiary or beneficiaries to receive this benefit.
The purpose of this policy is to define the exit interview process, required paperwork and notification to various university departments upon a faculty/staff member’s separation.
Supervisors/Department Heads will complete the Personnel Action Sheet (found on HR page of the website under “Helpful Forms”) and send it to the Office of Human Resources as soon as he/she knows that a faculty/staff member will be leaving the university. The Personnel Action Sheet should be accompanied by a letter of resignation, if applicable, and must document the reason for termination, date of termination and bear the signatures of all appropriate individuals.
All appropriate departments will be notified and the necessary steps will be taken to complete the separation process in a timely, efficient and professional manner.
A separation check list will be emailed to the exiting employee and their immediate supervisor to provide guidance to transition the employees work and work related materials. The immediate supervisor shall make arrangements with the exiting employee for return of University property.
Questions regarding benefits should be directed to the HR Office via phone 765-658-4181 or email (HR@depauw.edu).
Once the Personnel Action Sheet reaches the HR office, the HR team will offer to conduct an exit interview (generally on the last day of work) to give the separating faculty/staff member the opportunity to share information about their university experience. This information will be used to help make improvements to ongoing programs and support. In lieu of a formal exit interview meeting, exiting employees may opt to fill out the online Employee Exit Survey which can be found on the Human Resources website.
Expectations of the Separating Faculty/Staff Member
Non-Exempt (Hourly) Staff Member (voluntary resignation or retirement): A minimum of two weeks’ notice of intention to separate from the University is preferred in order to allow a reasonable amount of time to transfer ongoing workloads.
Exempt Non-Management Staff: A minimum of two weeks’ notice of intention to separate from the university is preferred in order to allow a reasonable amount of time to transfer ongoing workloads.
Exempt Management Staff: Four weeks’ notice is preferred for management staff to be provided to supervisor.
Faculty: A faculty member who is retiring or resigning his or her position should inform the Vice-President of Academic Affairs as soon as practicable, but no later than June 30. A decision to retire or resign after this date may result in the need for the faculty member to repay salary to the university.
Vacation: A Staff Member who voluntarily resigns is expected to work on the last day of employment. Any available vacation should be taken prior to the last day or paid out in the final paycheck (see Employee Guide for how vacation time is granted).
Health and Welfare Benefits
DePauw medical, dental and vision insurance will terminate at the end of the pay period of the faculty/staff member’s last day of employment. At that time, you will be eligible to elect COBRA coverage to extend your coverage under the medical and dental plan. A packet of information regarding COBRA enrollment and costs will be mailed to your home directly from HRPro.
Basic and voluntary life, accident and disability insurance will terminate at midnight on your last actual day of work at the University. If enrolled in voluntary life, employees do have the opportunity to convert to a portable policy.
Participants in the DePauw 403(b) Retirement Plan are 100 percent vested. Approximately two weeks after you receive your final pay, you may contact TIAA at 877-267-4507 for information on your options. You may wish at this time to start thinking about whether you can roll over the funds into your new employer’s retirement plan or whether you would like to open a personal IRA for the funds. You may also receive cash benefits, which are subject to tax penalties, or leave your money in your TIAA retirement account with TIAA.
If you participated in the Our Healthy Tigers HSA Incentive Program, any unpaid earned funds will be distributed to your HSA savings account upon your exit. Funds in your health savings account (HSA) will be converted to an independent account through HSA Bank. You will receive information about your account directly from HSA Bank or you may call them directly at 800-357-6246, for additional information about the terms and conditions of your account as an independent account holder.
Contact the benefits manager with additional questions.
Vacation/Sick Leave Payout
Exempt Staff: Unused available vacation will be paid out on the last paycheck. There is no sick time accrual.
Non-Exempt Staff (hourly): Unused, accrued vacation hours will be paid out on the last paycheck. There is no sick time accrual paid out.
Staff members who are retiring, may be eligible for sick leave payment at retirement if he/she meets the requirements as stated in the Employee Guide.
Faculty: There is no vacation or sick leave pay out.
A faculty/ staff member who leaves the University in good standing and is classified as eligible for rehire may be considered for reemployment. An application must be submitted to the Office of Human Resources, and the applicant must meet all minimum qualifications and requirements for the position. Supervisors must obtain approval from the Director of Human Resources or designee prior to rehiring a former faculty/staff member. Rehired faculty/staff members begin benefits just as any other new faculty/staff member. Previous employment with DePauw will not be considered in calculating longevity, leave accruals or any other benefits.
IS Accounts—Disabling and Removal
Each employee separating from the University will have all accounts access disabled immediately upon his/her last day of service.
Separated faculty members will retain their email (only) account access for one semester following their last teaching semester at which point those email accounts will be disabled. All other account access is disabled immediately upon his/her last day of service.
A retiring faculty member (emeritus) will retain email, e-Services access (with the role of “retiree‟ or “emeritus‟), and IS account access necessary to enable authorized library access. Access to all other IS accounts will be disabled immediately upon his/her last day of service.
A retired or emeritus faculty member who is teaching as a “Senior Professor” as designated by the Vice President of Academic Affairs will be assigned additional IS account access needed to support his/her teaching and scholarship activities.
Retiring Staff Member
A retiring staff member will retain email, e-Services access (with the role of “retiree‟), and an IS account access necessary to enable authorized library access will be retained. These accounts will be tagged to identify the person’s “retiree‟ status. Access to all other IS accounts will be disabled immediately upon his/her last day of service.
Preserving Account Information
Account information will be preserved on disabled accounts for 90 days or until instructed that it should be removed. The former employee’s supervisor will be notified of the impending removal, at 90 days, and the account will be removed.
Separated employees whose accounts have been disabled will have an auto-reply on their email account stating the "person is no longer with the University." An email address will be listed where University business information can be sent, as will an email address for future personal correspondence with the separated employee (if desired). The auto-reply will remain in effect until the account is removed.
ID cards should be returned as University property to the exiting employee's supervisor. Supervisors will send to the HR office. Retirees may request an ID with all rights, privileges and access including discounts, access to Lilly Center, etc. associated with the ID card.
Parking permits should be returned as University property to the exiting employee's supervisor. Supervisors will send to HR office. Retirees may continue to use their parking permits and update their information with the University police as needed.
Notifying Other Offices
The Office of Human Resources will notify, by email, the Accounting Office, Facility Management, Public Safety, the ID Desk, and Information Services (and other appropriate individuals/departments if appropriate) of the termination of the faculty/staff member upon receipt of the Personnel Action Form confirming the termination.
Contact Human Resources with any questions: 765-658-4181
DePauw University seeks to promote the health and safety of its employees, guests and students, while safeguarding individual rights. To provide a healthful campus, DePauw prohibits smoking in the following locations:
- All University buildings, and within 40 feet of those buildings;
- All University vehicles, with the exception of University owned vehicles assigned to an individual: and
- All University outdoor facilities (e.g., Blackstock Stadium, athletic fields).
Smokers are encouraged to dispose of used cigarettes and cigars in proper receptacles.
You can also find the City Ordinance in the Appendix Section.
ORDINANCE NO. #2007-3
ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT
WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer in non-smokers; and
WHEREAS, people at special risk to secondhand smoke include children, the elderly, individuals with cardiovascular disease or impaired respiratory function, including asthmatics, and those with obstructive airway disease; and
WHEREAS, health hazards induced by breathing secondhand smoke including lung cancer, heart disease, respiratory infection, decreased respiratory function, and bronchospasm; and
WHEREAS, the City of Greencastle (hereinafter “City”) finds and declares that the purposes of this ordinance are: 1) to protect the public health and welfare by prohibiting smoking in public places, and places of employment; and 2) to guarantee the right of persons to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREENCASTLE, INDIANA as follows:
Section 1. Definitions.
As used in this Ordinance, the following words and phrases have the following meanings unless otherwise designated:
- "Bar" means any establishment used primarily for the sale of alcoholic beverages for consumption by guests on the premises and in which the sale of food is merely incidental to the sale of alcoholic beverages, including but not limited to taverns, nightclubs, and cocktail lounges.
- "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind.
- “Private Club” means a facility:
- owned or operated by an association or corporation which shall:
- not be operated for pecuniary gain;
- consists of a membership:
- formed as a lodge, local chapter, or corresponding unit of a fraternal order recognized on a national basis; or
- comprised of persons who have served in the armed forces of the United States; or
- formed as a recognized, exclusive association of persons organized for a joint or common purpose for which application for membership, the payment of dues, and self-governance by the membership are distinguishing characteristics; and
- Registered under Indiana law; and
- Determined by the Internal Revenue Service to be operating under not-for-profit status.
- where entry into and use of the facility is restricted to members and guests of members.
- "Restaurant" means any establishment used as or held out to the public as having food available for payment to be consumed on the premises, including coffee shops, cafeterias, cafes, luncheonettes sandwich stands and soda fountains. The term "restaurant" shall include a bar area within the restaurant.
- “Theater” means any enclosed facility, open to the public, which is primarily used for or designed for the purpose of exhibiting any motion picture, stage drama, musical recital, dance, lecture or other similar performance.
- "Smoke" or "smoking" means the act of lighting, carrying, inhaling from, or leaving a lighted or smoldering cigar, cigarette, or pipe of any kind.
- "Public place" means any enclosed area used by the general public, including, but not limited to, retail stores and financial institutions, department stores, banks, laundromats and beauty and barber shops, retail food production and marketing establishments, retail service establishments, and other commercial establishments, regardless of whether a fee is charged for admission to the place.
- "Enclosed Area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
- "Place of Employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including but not limited to, work areas, private offices, employee lounges and restrooms, conference and class rooms, employee cafeterias and hallways.
- "Retail Tobacco Store" means retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. The term does not include retail stores where food or beverages are sold for consumption on the premises or where an area has been set-aside on the premises for customers to consume food or beverages.
- "Health Care Facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill.
Section 2. Application of Chapter to City-Owned Facilities
All properties, except public rights-of-way and easements, including buildings and vehicles owned, leased, or operated by the City of Greencastle , shall be subject to the provisions of this Chapter.
Section 3. Smoking prohibited in public places.
Smoking shall be prohibited in all enclosed public places within the City of Greencastle, including but not limited to, the following places:
- Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including but not limited to, professional offices, banks, laundromats, bowling alleys, hotels, and motels.
- Bingo facilities.
- Convention facilities.
- Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance.
- Galleries, libraries, and museums.
- Health care facilities, except where required by law.
- Licensed childcare and adult day care facilities.
- Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.
- Polling places.
- Private Clubs, during any period of time that the public is present and invited on the premises.
- Public transportation facilities, including buses and taxicabs.
- Restrooms, lobbies, reception areas, hallways, and other common-use areas.
- Retail businesses and stores.
- Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the City or a political subdivision of the State when a public meeting is in progress, to the extent the place is subject to the jurisdiction of the City.
- Service lines
- Enclosed shopping malls
- Sports arenas, including enclosed place in outdoor arenas.
Section 4. Prohibition of Smoking in Places of Employment.
Smoking shall be prohibited in all enclosed areas within places of employment. This includes, but is not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, service areas, stairs, restrooms, vehicles, and all other enclosed facilities.
Section 5. Where Smoking is Not Regulated.
The prohibitions of Section 3 shall not apply to the following:
- Private residences, except when used as a licensed childcare, adult day care, home occupation where the public is invited or health care facility.
- Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided however, that not more than twenty five (25%) of rooms rented to guests in a hotel or motel may be so designated. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.
- Retail tobacco stores; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this Ordinance.
- Private clubs, as described in Section 1. Definitions, item c., and as regulated in Section 3.(l).
- Outdoor areas of places of employment.
Section 6. Declaration of Establishment as Nonsmoking.
Notwithstanding any other provision of this Chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, outdoor area or parking lot as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 8 is posted.
Section 7. Posting of Signs.
Every public place and place of employment where smoking is prohibited by this Ordinance shall have posted a conspicuous sign clearly stating that smoking is prohibited.
Section 8. Enforcement.
- This Chapter shall be enforced by the Office of the Mayor of the City of Greencastle, or his/her designee.
- Any citizen who desires to register a complaint under this Chapter may initiate enforcement by contacting the Office of the Mayor or the Greencastle Police Department.
- The City’s Building Inspector or Fire Inspector, or their designees may, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Ordinance.
- An owner, manager, operator, or employee of an establishment regulated by this Ordinance shall inform persons violating this Ordinance of the appropriate provisions thereof.
Section 9. Violations and Penalties.
- A person who smokes in an area where smoking is prohibited by the provisions of this Ordinance shall be guilty of an infraction, punishable by a fine of fifty dollars ($50).
- A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Ordinance shall be guilty of an infraction, punishable by: 1. A fine of One Hundred Dollars ($100.00) for a first violation. A fine of Two Hundred Dollars ($200.00) for a second violation within one (1) year. A fine of Five Hundred Dollars ($500.00) for each additional violation within one (1) year.
- Each day on which a violation of this Ordinance occurs shall be considered a separate and distinct violation.
- Any person receiving a notice of violation and /or fines for a violation may appeal the violation and/or fine to the Mayor. The Appellant must file a written statement, outlining the reasons that the violation/fine is invalid or should otherwise not be enforced within fifteen (15) days of the violation. The Mayor shall investigate and review the appeal and issue a written determination.
The Appellant may appeal the Mayor’s determination to the Common Council of the City of Greencastle by filing a written statement within fifteen (15) days of the Mayor’s determination. The Common Council will appoint a three member panel from its members to investigate and review the Appeal. The Common Council review panel shall issue a written determination, which decision shall be final.
Failure to comply with the above appeals procedure constitutes a waiver of any further rights to appeal.
- An action to enforce a violation and/or fine may be brought by the City in the court of jurisdiction.
Section 10. Other applicable laws.
This Ordinance shall not be interpreted to permit smoking where it is otherwise restricted by other applicable laws or to supersede any local laws which are more restrictive.
Section 11. Chapter to be broadly interpreted.
This Ordinance shall be construed broadly to effectuate the purposes described in the preamble of this ordinance.
Section 12. Severability.
If any section or sentence or provision of this Ordinance, or the application thereof to any person or circumstances shall be declared unconstitutional or invalid, such invalidity shall not affect any of the other sections, sentences, provisions or application of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable.
Section 13. Effective Date.
This Ordinance shall be effective September 1, 2007, at 12:00 p.m. (noon).
PASSED AND ADOPTED by the Common Council of the City of Greencastle, Indiana this ____ day of __________________, 2007.
|Thomas W. Roach||John Lanie|
|Mark N. Hammer||Russell W. Evans|
Approved and signed by me this ______ day of _________________, 200 7, at ___________ o'clock ___.m.
|ATTEST: Nancy A. Michael, Mayor|
|Teresa Glenn, Clerk-Treasurer|
Summer Hours are recognized by administrative offices for a 12-week period during the summer. During this period, hourly employees who have a normal work schedule of 37.5 hours per week during the academic year will change their normal work schedule to 35 hours per week or seven (7) hours per day. The Vice President for Finance and Administration will distribute a memorandum annually to each department indicating the summer hours schedule.
Time cards are official documents. When completing them the following guidelines should be used:
1. Record all hours for which compensation is to be received.
2. Record hours in quarter-hour increments using decimal form rather than fractions (i.e., .25, .50, .75).
3. The employee and supervisor must both approve the time card. Supervisors should not approve a blank or incomplete time card.
4. Submit time cards to the payroll office by the due date specified in the biweekly pay schedule distributed by that department. The payroll manager will send an e-mail message if time cards are due earlier than specified in the schedule.
Completing the Time Card for Full-time Employees whose Normal Hours per Day equal seven and one-half (7.50):
Regular: Record time worked and paid holidays up to your normal hours per day.
O/T Premium: Record time worked over 40 hours per week.
Vacation: Record vacation time taken up to your normal hours per day. Time taken cannot exceed the vacation balance available as specified on the on-line Time Card.
Sick: Record sick time taken up to your normal hours per day. Time taken cannot exceed the sick time balance available as specified on the on-line Time Card.
Personal: Record personal time taken up to your normal hours per day. Time taken cannot exceed the personal time balance available as specified on the on-line Time Card.
Other: Record time off for jury duty, bereavement leave, civic duty, voting, wage continuance for pregnancy and/or delivery and any other time for which pay is to be issued. Identify time on the time card in the drop down window.
Completing the Time Card for Full-time Employees whose Normal Hours per Day equal eight (8.00):
Regular: Record time worked and paid holidays up to your normal hours per day.
O/T Premium: Record time worked over 40 hours per week.
Vacation: Record vacation time taken up to your normal hours per day. Time taken cannot exceed the vacation balance available as specified on the on-line Time Card.
Sick: Record sick time taken up to your normal hours per day. Time taken cannot exceed the sick time balance available as specified on the on-line Time Card.
Personal: Record personal time taken up to your normal hours per day. Time taken cannot exceed the personal time balance available as specified on the on-line Time Card.
Other: Record time off for jury duty, bereavement leave, civic duty, voting, wage continuance for pregnancy and/or delivery and any other time for which pay is to be issued. Identify time on the time card in the drop-down window.
Completing the Time Card for Part-time, Temporary, and On-call Employees:
In the appropriate sections of the time card enter the following information:
- Print the name of the employee.
- Print the name of the department.
- Specify the biweekly pay period.
- Enter the date worked (i.e., 9/20/99) on the appropriate day of the week (i.e., Sun, Mon, etc.).
- Enter the total hours worked each day.
- Summarize total hours worked in the Summary Totals section of the time card.
- Enter the employee’s hourly rate.
- Calculate the total amount of pay due and enter in the Summary Total section of the time card.
Tuition Exchange (TE) is a reciprocal scholarship program involving a consortium of more than 650 colleges and universities which agree to sponsor an established number of employee children as prospective candidates for TE scholarships at other participating institutions, while also agreeing to host an equal number of students on their campuses. The receiving school determines the amount of the scholarship award, not DePauw University or Tuition Exchange..
Information about the Tuition Exchange Program can be found online at www.tuitionexchange.org.
The following guidelines are applicable to DePauw University employees who would like to participate in the Tuition Exchange.
Employees are considered eligible for this benefit upon completion of two (2) years of continuous full-time, benefit status employment. The two-year waiting period may be waived only if the following conditions are met:
The new employee was receiving a similar tuition benefit at the institution where he/she was employed prior to being employed by DePauw University, and
The employee submits documentation to the Office of Human Resources at DePauw University from the institution at which he/she was employed describing the tuition benefit received, and
All other eligibility requirements outlined in this policy are met.
A dependent child of a full-time benefit eligible employee who has met the two-year continuous employment requirement is considered eligible for the TE program. Eligibility is meant to extend to natural children, legally adopted children and step-children (married or unmarried). Dependent children shall be those defined by the dependent support test rules of the Internal Revenue Code of the United States of America. Eligibility does not extend to foreign exchange students, foster children or married children’s spouses or children.
In determining eligibility for the TE benefit, the student must apply for all state and/or federal aid for which he/she may be eligible.
Defined as the dependent child of an eligible employee who has been certified (sponsored) by DePauw University for full time degree study at a college or university that participates in the Tuition Exchange program. Scholarships are not granted for graduate study, non-degree study, part-time study, or second undergraduate degrees.
DePauw’s Tuition Exchange Liaison Officer is Bruce Burking, Manager of Safety and Risk Management Services, Office of Human Resources.
Applications will only be considered for dependent children who will be attending a member institution for the following academic year. In order for applications to be considered, a completed Tuition Exchange Form must be submitted online on the Tuition Exchange.org website no later than 5:00 p.m. on the application deadline date. Applications received past the deadline may not be considered with the pool of prospective candidates.
If the number of applications received exceeds the number of slots which DePauw is willing to sponsor for the respective academic year, prospective candidates will be selected as follows:
First priority will be given to students who have already been enrolled in a member institution and who are currently holding a TE scholarship. The student holding a TE scholarship must report to the Liaison Officer at the end of the spring term indicating plans for the following year if the student intends to withdraw from the institution or transfer to another institution.
Second priority will be given to prospective candidates based upon employment seniority of the employee up to the limit on the number of certified students selected by DePauw University. Seniority is based upon years of continuous full-time service at DePauw University. In the event prospective candidates have equal seniority, ranking will be based on the date of submission of the application. A lottery system will be implemented in the case of employees with equal seniority submitting an application on the same date.
Alternates who are not selected may reapply for a TE scholarship for the following academic year in accordance with the priority ranking described above.
Full-time, benefit status employees are eligible for Tuition Remission for their spouse and dependent children pursuing an initial undergraduate degree under the following terms and conditions:
- Employees hired after December 31, 1995 are considered eligible for this benefit only upon the completion of two years of continuous full-time, benefit status employment. The two-year waiting period may only be waived if the following conditions are met:
- The new employee was receiving a similar tuition benefit at the institution where he/she was employed prior to being employed by DePauw University, and
- The employee submits documentation to the Office of Human Resources at DePauw University from the institution at which he/she was employed describing the tuition benefit received, and
- All other eligibility requirements outlined in this policy are met.
- Employees who are considered initially eligible for the benefit can apply and have the benefit effective for the Academic Semester in which the completion of two years of continuous full-time, benefit status employment is achieved.
- This benefit covers tuition charges and audit fees. Fees not covered by this benefit include but are not limited to room and board fees, health service fees, student activity fees, information system fees, additional course fees, lab fees, books and supplies.
- A spouse or dependent child working toward an initial bachelor’s degree is eligible for Tuition Remission with course credit. A spouse or dependent who already has a bachelor’s degree is not eligible for Tuition Remission with course credit unless the class is in the education department.
- A spouse or dependent child, including one with a bachelor’s degree, may audit a course for no course credit.
- A spouse of an employee hired after July 1, 1971 may take courses at DePauw University on a space available basis provided the course would be offered without the spouse’s attendance.
- A child of an employee hired prior to July 1, 1971 is considered eligible for Tuition Remission at DePauw University or at any post-secondary collegiate institution other than DePauw University. Eligibility is meant to extend to natural children, legally adopted children and step children (married or unmarried). Eligibility does not extend to foreign exchange students, foster children or married children’s children.
- A child of an employee hired after July 1, 1971 is considered eligible for Tuition Remission at DePauw University or any other post-secondary collegiate institution in the Great Lakes College Association (see GLCA below). Eligibility is meant to extend to natural children, legally adopted children and step children (married or unmarried). Dependent children shall be those defined by the dependent support test rules of the Internal Revenue Code of the United States of America. Eligibility does not extend to foreign exchange students, foster children or married children’s spouses or children.
- This benefit does not apply to independent study courses or applied instruction courses for a non-degree seeking spouse or a non-degree seeking dependent child. Applied instruction courses include but are not limited to group and individual classes for music and dance.
- Continuation in the Tuition Remission Program is contingent upon making satisfactory academic progress.
- The tuition benefits described herein are applicable only for resident study for undergraduate work up to eight (8) semesters, twelve (12) quarters, or thirty-one (31) course credits of full-time enrollment or pro-ration of equivalent for periods of part-time enrollment toward an initial bachelor’s degree or associate’s degree. Resident study is defined as regularly attending scheduled classes and is meant to exclude correspondence courses. This benefit is limited to eight (8) semesters of financial assistance from DePauw University. Financial assistance includes but is not limited to Tuition Remission and other institutional financial aid.
Further Eligibility Considerations
- To qualify, an applicant must meet all admission and academic requirements stipulated in the DePauw University Catalog or the Bulletin or Catalog of the school to which application is being made.
- When both parents are employed by the University, Tuition Remission for a dependent child is available to only one parent.
- In determining eligibility for tuition benefits, the student must first apply for all state and/or federal aid for which he/she may be eligible.
- If an eligible employee terminates employment with the University, a spouse or dependent child who has begun the semester receiving this benefit may continue through the semester in which the employee left. If an eligible employee retires (as defined under the University Retirement policy), dies (while in the employ of the University), or is forced to terminate employment due to a medically-certified physical or mental disability which renders the employee permanently unable to meet the essential requirements of their job, that employee’s spouse or dependent child(ren) remain eligible for tuition remission benefits. Such child(ren) are also eligible to continue participation in the GLCA Tuition Remission Exchange Program and the Tuition Exchange Program. In the case of children of employees hired prior to July 1, 1971, eligibility also continues for post-secondary institutions other than DePauw University, however, the child must file for financial aid assistance at the host institution and file a financial aid form. When financial need has been computed, the difference between any cash award and the amount of the host institution’s tuition will be made up by DePauw University; that amount not to exceed the prevailing DePauw University tuition charge.
- A spouse may continue receiving this benefit only through the semester in which the employee retired, was placed on permanent disability or died.
Tuition Remission Application Procedures for a Spouse
- A spouse interested in an initial undergraduate degree should apply to the Office of Admission.
- A non-degree seeking spouse, a spouse with an undergraduate degree, or a spouse working toward teacher certification should apply as a special student through the Office of the Registrar.
- The DePauw University “Application for Tuition Benefit for Spouse” should be requested from the Office of Human Resources.
- The Application for Tuition Benefit for Spouse should be completed and returned to the Office of Human Resources for each semester the spouse is enrolled. That office will confirm employee eligibility and follow-up with the Registrar’s Office and the Cash Receipts’ Office.
Tuition Remission Application Procedures for Dependent Children at DePauw
- A dependent child interested in an initial undergraduate degree should apply to the Office of Admissions of DePauw University.
- A non-degree seeking dependent child, a dependent child with an undergraduate degree, or a dependent child working toward teacher certification should apply as a special student through the Office of the Registrar.
- Application forms for DePauw University Tuition Remission should be obtained from and filed with the Office of Human Resources. The Office of Human Resources will provide assistance in the completion of the form. The Office of Human Resources will process the form each semester the dependent child is enrolled and, after eligibility determination, will forward it to the Financial Aid Office.
- The Application for Tuition Remission for Dependent Child should be completed and returned to the Office of Human Resources for each academic year the dependent is enrolled.
- The Financial Aid Office informs the applicant of the Tuition Remission award and credits the benefit to the Student Account once the Office of Human Resources has verified eligibility.
GLCA Tuition Remission Exchange Program for Dependent Children
DePauw University is a participant in the Tuition Remission Exchange Program as established by the Great Lakes College Association (GLCA). The thirteen other GLCA schools and two schools* of the Associated Colleges of the Midwest (ACM) that participate include:
Ohio Wesleyan University
The following additional terms and conditions (above those generally identified for the DePauw Tuition Remission Program) apply:
- The student must be considered a full-time degree seeking candidate at the college to which application is being made.
- Beloit and Grinnell Colleges are included as full participants on an interconsortial basis only. Student exchanges between Beloit and Grinnell Colleges, respectively, will not be included in the GLCA Tuition Remission Exchange, but remain within the jurisdiction of the ACM Exchange Program.
- A participation fee must be paid by the student each year. This fee is equal to 15 percent of the mean tuition charge for the schools and is calculated annually by the GLCA. In cases where the employee was employed in a full-time, benefit status position prior to July 1, 1971, DePauw University will pay the student’s participation fee.
GLCA Application Procedures
- The dependent will choose the school(s) in which there is interest and obtain an application from the Office of Admission for each school selected.
- The dependent will file the application for admission in the usual way and pay all fees and deposits required with the application process.
- Admission will be determined through the regular admission process established by the school without regard to the applicant’s potential eligibility for tuition remission.
- The school(s) to which application is made will notify the applicant of acceptance or non-acceptance in the usual way and at the usual time.
- After the dependent has received notification of acceptance by the participating school, the “GLCA Tuition Remission Exchange Program Application for Participation” must be obtained from the GLCA.org website, completed, and returned to the Office of Human Resources.
- The Office of Human Resources will verify eligibility for the GLCA Tuition Remission Exchange Program. The Office of Human Resources will then forward copies of the verified application to the GLCA office and the attending college.
- The participation fee will be billed by the attending school.
Full-time, benefit status employees are eligible for Tuition Waiver at DePauw University under the following terms and conditions:
- This benefit covers tuition charges and audit fees. Health service fees, student activity fees, and information system fees will be waived. Fees not covered by this benefit include but are not limited to additional course fees, lab fees, books and supplies.
- Tuition Waiver applies to one class registration per semester not to exceed one course credit.
- Registration is allowed on a space available basis.
- An employee is eligible for Tuition Waiver with course credit or may audit a course for no course credit regardless of the degree(s) held.
- Due to the time commitment associated with the professional semester, this policy must exclude supporting the student teaching portion of the teacher certification program.
- Independent study courses and applied instruction courses are excluded from this benefit. Applied instruction courses include but are not limited to group and individual classes for music and dance.
- Continuation in the Tuition Waiver Program is contingent on making satisfactory academic progress.
- An employee is eligible for the Tuition Waiver benefit upon full-time, benefit status employment. If the employee becomes eligible after the course registration period is completed, eligibility for Tuition Waiver will begin the following semester. The dates of each course registration period are available from the Office of the Registrar.
- The employee’s supervisor will approve or deny the request for Tuition Waiver based upon the ability to release the employee from job responsibilities during regular working hours.
- Time missed from work to attend class must be made up unless the course is job related and is taken at the request of the employee’s supervisor. Time missed from work must be made up within the same work week. The hourly employee’s time report must reflect actual hours worked per day.
- An employee interested in Tuition Waiver must request an “Application for Tuition Waiver” from the Office of Human Resources. This form must be completed by the employee and the employee’s supervisor and then returned to the Office of Human Resources prior to registration.
- The Office of Human Resources will verify eligibility for Tuition Waiver and process the application.
- If the employee is eligible for Tuition Waiver, one copy of the approved application will be forwarded to each of the following: Office of the Registrar, Cash Receipts Office.
- If the employee is not eligible for Tuition Waiver, the Office of Human Resources will notify the employee.
- An employee seeking a DePauw University degree should apply to the Office of Admission.
- A non-degree seeking employee (including an employee working towards a teacher certification) should apply as a special student to the Office of the Registrar.
- After notification of approval for Tuition Waiver, the employee must register for the course with the Office of the Registrar during the dates specified by that office and before the last day to drop or add a class. The dates of each course registration period are available from the Office of the Registrar.
- If an employee registered under this benefit withdraws from a course, the employee must notify the Office of the Registrar in writing of the withdrawal. The Office of the Registrar will end a copy of the withdrawal notice to the Cash Receipts Office and the Office of Human Resources. If the employee fails to properly withdraw from the course, the employee will be invoiced for the full tuition for the course.
Vacation Guidelines for Full Time, Benefit Eligible, Hourly Employees
Full-time, benefit eligible hourly employees accrue vacation according to the following schedule:
(Based on 26 Pays Per Year)
|Accrual Factor||Approximate Annual Entitlement|
(Based on 26 Pays Per Year)
|0 < 3||1920 hours||0.039064||2.88||75.00 hours||112.50 hours|
|2080 hours||0.038463||3.08||80.00 hours||120.00 hours|
|3 < 14||1920 hours||0.058595||4.33||112.50 hours||168.75 hours|
|2080 hours||0.057693||4.62||120.00 hours||180.00 hours|
|14+||1920 hours||0.078126||5.77||150.00 hours||225.00 hours|
|2080 hours||0.076924||6.15||160.00 hours||240.00 hours|
Vacation benefits are subject to the following:
- Employees must request the use of vacation through their supervisor. Vacation time will be granted at the supervisor’s discretion.
- Employees may use vacation time as it is earned.
- Employees are not required to complete a 90-day probationary period before vacation time may be taken.
- Employees may only use vacation at a time when they are normally scheduled to work.
- Employees may use vacation in quarter-hour increments.
- Employees will be discouraged from requesting more than 10 consecutive days of vacation. Operational needs of the department or University may preclude scheduling of vacation during peak work periods.
- Seniority may be used as a preference factor in scheduling vacations.
- When employees reach their maximum vacation accrual, pay period accruals are discontinued until vacation time has been taken to reduce the vacation balance.
- At separation of employment (retirement or termination), vacation time accrued but not taken will be paid. However, there will be no payment issued for sick time accrued but not taken.
- Vacation time paid out does not constitute extension of the employment date. Employment is terminated effective the last day worked.
Vacation Guidelines for Full Time, Benefit Eligible, Salaried, Non-Faculty Employees
Full-time, benefit eligible, salaried non-faculty employees receive up to 20 days vacation per fiscal year (June-July) The days will be prorated if employment is a position less than 12 months per fiscal year. In the first year of employment, salaried employees will receive a vacation allotment prorated based upon their date of hire. Salaried employees terminating employment will receive pay for vacation days not taken based on the number of days that would have been earned up to the date of termination minus any vacation days already taken.
The actual number of vacation days earned will be prorated at a rate of 1.67 days per month when an employee (1) works less than a twelve (12) month schedule, (2) begins employment after July 1 (beginning of the fiscal year), or (3) terminates employment prior to June 30 (end of the fiscal year).
Vacation days are to be taken during the fiscal year in which they are earned. Vacation days are not to be carried over to the next fiscal year nor will pay be issued in lieu of days not taken at the end of the fiscal year. Exceptions to this practice are to be permitted only under circumstances where needs of the department and/or University have prevented the supervisor from approving use of requested vacation time during the fiscal year in which the days were earned and must be approved by the Vice President for the respective division.
Vacation benefits are subject to the following:
- Employees must request the use of vacation through their supervisor. Vacation time will be granted at the supervisor’s discretion.
- Employees may use vacation time beginning each fiscal year (July 1 – June 30).
- Employees are not required to complete a 90-day probationary period before vacation time may be taken.
- Employees may only use vacation at a time when they are normally scheduled to work.
- Employees will be discouraged from requesting more than 10 consecutive days of vacation. Operational needs of the department or University may preclude scheduling of vacation during peak work periods.
- Seniority may be used as a preference factor in scheduling vacations.
- At separation of employment (retirement or termination), available vacation time not taken will be paid. If the employee terminates employment prior to the end of the fiscal year, the vacation days earned will be prorated based on the actual time worked during the fiscal year minus the number of vacation days taken up to termination. For example, if the employee worked July 1 of the new fiscal year and terminated employment on December 31 of that fiscal year, the vacation days earned for that current fiscal year would be ten (10). This is based on the accrual of 1.67 days per month (20 days/12 months). If the employee has taken any days of vacation prior to the termination during that fiscal year, these would be subtracted from the ten available and the remainder will be paid at termination.
- Vacation time paid out does not constitute extension of the employment date. Employment is terminated effective the last day worked. If employee is retirement eligible see Employee Guide, Retirement Policy
Years of Service refers to years of continuous full-time employment.
Normal Pay Period Hours are those hours regularly scheduled for the position.
Pay Period Accrual Factor is determined by years of continuous full-time employment and normal pay period hours. The actual amount of vacation accrued is calculated at the end of each pay period. If the pay period hours reported are less than the normal pay period hours as indicated in the vacation schedule, accruals will be prorated based upon actual hours reported. If no paid time is reported for a pay period, no vacation will be accrued for that period. Employees will have an adjustment to their pay period accrual factor during the pay period in which their third (3rd) and fourteenth (14th) anniversary dates of employment occur. The anniversary date is determined by the date of hire that reflects full-time, benefit status employment.
Annual Entitlement applies to individuals employed in 12-month positions. Annual entitlement will be prorated for those employees whose work schedule is less than 12 months (i.e., 11 months, 10 months, 9 ½ months). The approximate prorated annual entitlement is calculated by multiplying the normal pay period accrual factor by the number of pays per fiscal year. An individual employed in a 9 ½ month position is scheduled to receive 20.5 pays per fiscal year. An individual employed in a 10-month position is scheduled to receive 21.5 pays per year.
The actual number of pays per fiscal year may vary for employees in their first year of employment and for employees who have a change in employment status during the fiscal year.
Annual entitlement will also be affected when an employee reports less than the normal pay period hours indicated above or does not report any paid time during a pay period.
An example of prorated accruals follows: An employee with less than 2 years of full-time service holds a 10 month position with 75 normal pay period hours (calculated as 43 weeks or 21.5 pays per fiscal year). This employee accrues 2.88 hours of vacation per pay period times 21.5 pays which equals 61.92 hours of vacation.
The Maximum Accrual for vacation is approximately one and one-half times the normal annual entitlement. The maximum accrual for sick time is 120 days times normal hours per day. The maximum accrual for vacation or sick time is not prorated for positions with less than a 12-month schedule.
In accordance with Indiana’s Worker’s Compensation law and regulations, the University’s contracted Worker’s Compensation insurance carrier pays medical expenses related to a work-related injury or illness when a compensable injury or illness occurs. As provided by the law, the insurance carrier and the employer have the right to choose the medical provider who will provide treatment.
In addition, as required by Indiana’s Worker’s Compensation law, our carrier provides income compensation benefits after an employee has been absent from work for seven (7) calendar days. Income compensation is paid at 2/3 of the employee’s normal pay (up to the maximum required by Indiana law). More specifically:
- The University, although not required to do so by law, pays the wage or salary for the day of the accident/incident if the employee must leave the workstation for medical attention. The next calendar day is considered day one (1). The University, again voluntarily, will pay the wage or salary at full pay for absences ordered by the Workers Compensation physician that occur on regularly scheduled work days during the first seven calendar days following the accident/incident. The payment received during these seven calendar days is not deducted from accumulated sick, personal or vacation time unless the insurance carrier later determines that the claim does not qualify under the Indiana Worker’s Compensation regulations.
- The insurance carrier’s coverage for income compensation begins, in accordance with the Indiana Worker’s Compensation law, on the eighth (8th) full calendar day of absence. Compensation will be paid at 2/3 of the normal work day pay. The University will permit employees to choose to supplement the remaining 1/3 of each work day with available sick leave, Salary Compensation coverage, personal time and/or vacation time at the employee’s discretion. The use of paid time is not required by the employee, however, the decision not to use paid time will have implications for the continuation of the employee’s benefits (see #4 below).
- If the absences extend beyond twenty-one (21) calendar days, the insurance carrier will, as required by Indiana Worker’s Compensation law, pay the employee for the regularly scheduled work days during the first seven (7) calendar days of the absence. The carrier will pay at 2/3 of the normal pay for each work day. Since the University will have already paid the employee for these same work days at full pay, the employee must agree to and will be required to sign over the check from the insurance carrier to the University so that the employee is not overcompensated for loss time during the first seven (7) calendar days of absence.
- The University provides the benefit to its employees of allowing them to supplement the Worker’s Compensation payments received from the insurance carrier with available sick leave, Salary Compensation leave, personal time and/or vacation time in increments (1/3 of a normal work day’s pay) that will allow their total compensation to equal their normal pay. As covered in #2 above, this is a voluntary choice on the part of the employee and is not a requirement. However, it is important for the employee to note that the supplemental paychecks from the University generated by the voluntary decision to use available paid leave to supplement the insurance carrier compensation will permit the University to make deductions for the employee’s share of health insurance premiums, deductions for retirement plan contributions, and will allow the payroll system to continue to credit accrual of vacation and sick time for hourly employees. If the employee chooses not to supplement the insurance carrier compensation or if the employee exhausts all available leave time, the employee’s contributions for retirement and the hourly employee’s accrual of vacation and sick leave time will cease until such time as the employee returns to pay status. Health insurance benefits will continue for the duration of the Worker’s Compensation leave but the employee will need to make arrangements with Human Resources and the Cash Receipts office to pay the employee’s share of health insurance premiums directly to the University each month. Should arrangements not be made and followed through upon by the employee for payment of the insurance premiums, insurance coverage may be terminated.
- If the injury/illness sustained by the employee results in a temporary partial disability (i.e., places restrictions on the employee which will allow the employee to work full-time or part-time with light duty or part-time with no other restrictions and results in reduction in the normal pay of the employee), all of the considerations listed above will still apply with the exception that the regular paycheck received by the employee from the University will address the issues outlined in #4 above, even if the employee chooses not to supplement the remaining compensation loss (and not covered by the insurance carrier) with available paid leave time.
The safety and well-being of employees is of primary concern. The University recognizes the importance of employee safety and accident prevention procedures as an essential part of an efficient, productive and quality operation. Your safety awareness on the job, including safe work habits, is our key to a good safety program. Violation of these or other safety rules will result in discipline, up to and including termination. Following is a list of “general” conduct that is prohibited to ensure the safety of University employees. Departments may issue more detailed safety rules as well.
- Injuring other people or damaging equipment, tools, materials, or supplies maliciously or through carelessness or negligence.
- Operating machines or equipment after the removal of safety devices, regulators or guards.
- Fighting, running, playing practical jokes, throwing things, pushing people, making threats, or other obvious menaces to the safety of other workers.
- Serious violation of established sanitary rules and regulations.
- Unauthorized possession of any weapons (including, but not limited to, firearms, knives, explosives) on University premises.
- Smoking in unauthorized areas of the University or violation of other fire regulations.
- Failing to use required personal safety equipment (safety glasses, ear plugs, respirators, gloves, etc.).
Employees must report all job-related injuries and illnesses to their supervisors immediately. Do not ignore small scratches or cuts, burns, bruises or abrasions – these should be treated at once. Failure to report an injury in a timely manner could jeopardize an employee’s workers compensation claims rights.
- Report the accident to your supervisor immediately. If your supervisor is not available, report to the next responsible person or directly to the Office of Human Resources or DePauw Police Department.
- Upon making a report, the employee will be instructed to fill out a First Report of Injury (except in cases of emergencies when the Report will be filled out at the earliest opportunity after emergency aid has been rendered).
- The employee will be directed to a physician contracted by the University to provide Workers Compensation covered treatment or to the closest available hospital emergency room.
- When assisting other injured employees, take care not to risk aggravating an injury through ill-advised attempts at treatment. In cases of emergency, call 911 or the DePauw Police Department.
- If an injury or illness requires treatment after the end of the work day, first attempt to contact the Office of Human Resources so that an attempt can be made to make an appointment with the contracted physician. If the Office of Human Resources is closed and the situation is not an emergency, the employee should wait until the next work day and make the contact. If the situation is an emergency, the employee should go to the nearest hospital emergency room.
Employment, under the Fair Labor Standards Act (FLSA), is broadly defined to include all hours that an employee is “suffered or permitted to work” for the employer. Hourly employees are required to accurately record the actual hours worked each day on their own time card. Paid time off benefits must also be recorded on the time card. Paid time off benefits include but are not limited to: vacation time, sick time, holidays, personal time, compensatory time taken, bereavement leave, jury duty, and wage continuance for pregnancy and/or delivery.
The FLSA’s workweek for non-exempt employees is generally a fixed period of 168 hours – seven consecutive 24-hour periods – which is established by the employer. The FLSA uses a single workweek as its standard and does not permit averaging of hours over two or more weeks. (The FLSA does have some exceptions to this rule; however, please note that DePauw University does not have any positions that qualify for those exceptions.) DePauw’s workweek coincides with the calendar week, which begins on Sunday and ends on Saturday.