Index by Policy Number
| Policy Number | Policy Name | Last Revision Date | Content | ||||||||||||||||||||||||||||
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| 2104 | Part-time and Adjunct Faculty | January 2012 | 1. PURPOSE This policy is designed to provide for the appointment and employment of adjunct and part-time faculty members. The university recognizes the contribution made to the successful accomplishment of the mission of the institution by the dedicated group of faculty members who teach and/or provide services on a part-time or adjunct basis. 2. AUTHORITY The Board of Visitors is authorized to enact personnel policies for all employees of the university. Where the board has not exercised this authority, it is delegated to the president. 3. DEFINITIONS Adjunct
Electronic Transcript Part-time faculty 4. APPLICABILITY This policy applies to all part-time and adjunct faculty members at the university. 5. POLICY 5.1 The provost may grant honorary adjunct status to an individual in appropriate circumstances without using the procedures outlined in this policy for service to the university in a significant capacity without compensation, or for other appropriate reasons. 5.2 All part-time faculty member appointments, including adjunct appointments, are at will, with no legitimate expectation of continued employment. Failure to re-hire is not an appealable action under the terms of the JMU Faculty Handbook. 5.3 There is no limit to the number of successive appointments that may be given to a part-time or adjunct faculty member. A part-time or adjunct faculty member may be hired each semester for as long as needed by the academic unit. Service in an adjunct or part-time position does not constitute a guarantee of future employment at the university. 5.4 With the written prior permission of the employee's home unit, a current employee of the university may be hired into an adjunct role in an academic unit. If the employee is a full-time non-exempt classified employee of the university, the academic unit will be responsible for paying the employee at least the equivalent of his or her hourly wages on an overtime basis for his or her adjunct duties. 5.5 Part-time and adjunct faculty member are not eligible for tenure, tenure-track appointments or renewable term appointments. Time spent in an adjunct or part-time appointment will not be counted toward the award of tenure, and adjunct and part-time faculty members may not apply for tenure or promotion. 5.6 A part-time or adjunct faculty member may be terminated during the term of an appointment for any reason upon written notice from the AUH or supervisor. Part-time and adjunct faculty members do not have any appeal rights for the termination of an appointment before its expiration. 5.7 The Faculty Handbook and all other policies relating to faculty members generally apply to adjunct and part-time faculty members. Adjunct and part-time faculty members are bound by the same responsibilities as full-time faculty members, including academic responsibility, professional ethics, academic honesty and integrity, and the responsibility to abide by all university rules and policies. They also enjoy some of the same privileges, including equal opportunity and privacy protection. 5.8 The procedures in this policy must be followed in the hiring, assigning and separation of adjunct and part-time faculty members. 6. PROCEDURES 6.1 Eligibility The conditions for appointment as an adjunct or part-time faculty member at the university are as follows: a. The individual has academic or other qualifications which could qualify the individual for appointment as a full- or part-time faculty member at the rank of Instructor or higher, or 6.2 Rank 6.3 Duration of appointment 6.4 6.4.1 Proposals Proposals for appointments of adjunct and part-time faculty members are made by the appropriate AUH or supervisor to the dean of the college or appropriate vice provost. If the dean or vice provost approves the appointment, it is sent forward to the provost. The dean's decision on adjunct and part-time employment is subject to final approval by the provost. 6.4.2 Offer and Appointment 6.4.3 Onboard Process, Official Transcripts & Other Hiring Documentation At the time of the offer, the university official will inform the successful candidate that the offer is contingent upon the candidate providing appropriate documentation such as an official transcript, identification and eligibility to work for the university. Until all information is received by the university, the offer may be withdrawn by the university. For all Adjunct Faculty who will be teaching a for-credit course documentation includes but is not limited to:
6.5 Pay status 6.6 Assignments and responsibilities 6.7 Privileges
Adjunct and part-time faculty members (except for full-time employees hired on an adjunct basis in an academic unit other than his or her home unit) are not eligible for regular employment benefits granted to full-time faculty members other than those listed here. 7. RESPONSIBILITIES The academic unit heads are responsible for recommending appropriate individuals for part-time or adjunct employment, assigning duties and filling out the proper paperwork to appoint a part-time or adjunct faculty member, including the letter of appointment and PAR form. The potential part-time or adjunct faculty member is responsible for returning the signed offer letter and completing the HR Onboard process before employment begins. The deans are responsible for reviewing and approving the appointment of part-time and adjunct faculty members, and of sending notification to the provost on any part-time and adjunct appointments to their colleges. The provost is responsible for final approval of part-time and adjunct status to appropriate individuals. The provost will send a letter to honorary adjunct faculty members. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS This policy does not apply to part-time staff members or wage employees. 10. INTERPRETATION The authority to interpret this policy rests with the president, and is generally delegated to the provost and senior vice president for Academic Affairs. Previous Version: October, 2008 Index Terms |
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| 1204 | Information Security | April 2012 | 1. PURPOSE This policy assigns responsibility for the security of departmental, administrative and other critical university information and systems. Components of security include confidentiality, availability and integrity. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 12-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president. 3. DEFINITIONS Information Security Program: Information technology resources: Critical data: Sensitive data: 4. APPLICABILITY This policy applies to all information collected and/or processed using the university's information technology resources. 5. POLICY University data and information technology resources must be recognized as valuable and worthy of protection. Depending on the scope and nature of the information, integrity constraints and special procedures for access and handling may be required. One of the fundamental requirements and goals of university information processing, whether manual or automated, is to manage the information resource. This goal drives all others as the university works to protect and deny or disseminate access. The individual data elements and their interface to the larger process must be protected and managed at the local office, throughout the department or administrative office or network, and through centralized computer systems processing, storage and management. It is the policy of the university to maintain security of its information technology resources. The university will take appropriate steps to secure information technology resources and sensitive information through the development of an institution-wide information technology security program. All systems must include security safeguards that reflect the importance and sensitivity of the information processed on the system. All users of university information technology resources are required to adhere to detailed requirements included in JMU Computing Standards as well as other university policies related to information technology. 6. PROCEDURES In keeping with the responsibilities outlined above, departments and offices shall develop, manage and review local operating policies and procedures to create the proper security posture for sensitive or critical data created and stored locally and on centrally managed computer systems. Integrity constraints, procedures that ensure correct processing of correct data, shall be written as local procedure. Such procedures shall be reviewed as required. 7. RESPONSIBILITIES 7.1Vice presidents,, deans and academic/administrative unit heads shall be responsible for identifying critical functions as specified in Policy 1206 (Contingency Management for Information-based Systems). In addition, they and their staffs are responsible for the security, confidentiality, availability, and integrity of data and software stored on individual workstations or local fileservers and on centrally managed computer systems to the extent that they have access and or access control. This responsibility includes ensuring the backup of key software systems and data on workstations and local file servers. It may also include account management and/or data stewardship responsibilities that have been specifically assigned. 7.2 Deans and academic/administrative unit heads are further required to designate a system administrator for any shared file server or application system under their control and not administered by IT. This designation must be communicated to the University Information Security Officer in writing within three days of assignment of responsibilities and shall be updated as necessary. 7.3 This policy also places responsibility on deans and academic/administrative unit heads to: 1) require appropriate computer use as specified in Policy 1207 (Appropriate Use of Information Technology Resources), 2) ensure compliance with information technology policies and standards by people and services under their control, and 3) implement and monitor additional procedures as necessary to provide appropriate security of information and technology resources within their area of responsibility. 7.4 IT is responsible for establishing and maintaining the physical security of the central computing facilities (including shared file servers managed by IT), the university's communications network and data for which IT is the custodian. As part of the university's Information Security Program, IT will maintain JMU Computing Standards for access to centrally managed computing systems as specified in Policy 1205 (University Data Stewardship), the campus network and fileservers managed by IT. 7.5 Additionally, the president will appoint a university Information Security Officer who shall be responsible for the administration of the university's Information Security Program and providing technical support to university departments and offices in the development of local security procedures. This program shall extend to all information technology resources of the university. Its emphasis will be on a risk-based approach to protection of the university's information technology resources with particular focus on sensitive information and critical data and applications. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of offense and may include termination. 9. EXCLUSIONS None. 10. INTERPRETATION Authority to interpret this policy rests with the resident and is generally delegated to the Assistant Vice President for Information Technology. Previous version: September, 2010 Index Terms Information Security |
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| 4102 | Student Financial Obligations | March 2014 | 1. PURPOSE This policy establishes guidelines and procedures for students to settle financial obligations to James Madison University. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6;23-9.2:3. The Board has delegated the authority to manage the university to the president. 3. DEFINITIONS Hold: 4. APPLICABILITY This policy applies to all students. 5. POLICY It is the policy of James Madison University for students to be responsible for promptly settling their financial obligations to the university. These obligations may include, but are not limited to:
6. PROCEDURES The State Comptroller promulgates procedures for the collection of all Commonwealth receivables. Specific procedures and departmental responsibilities are outlined in Section 4115, "Receivables" of the University Financial Procedures Manual. 7. RESPONSIBILITIES The assistant vice president for finance is responsible for assisting departments in administering this policy. 8. SANCTIONS Students who fail to satisfy their financial obligations are subject to having their records placed on "hold," late fees assessed and class registration canceled. This hold will restrict the student from registering for a subsequent semester, adjusting the course schedule, receiving a diploma, and having official transcripts furnished., The University Business Office is required to turn delinquent debts over to the Commonwealth of Virginia Attorney General’s office or other contracted commercial collection agency for collection if a student fails to satisfy their financial obligations or make satisfactory payment arrangements with the University Business Office by the payment due date. 9. EXCLUSIONS Exceptions to this policy may be made on an individual basis by the director of the University Business Office; extraordinary circumstances will be taken into consideration. 10. INTERPRETATION Authority to interpret this policy rests with the president and is generally delegated to the Assistant Vice President for Finance. Previous version: February 2011 Index Terms |
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| 1114 | Mandatory Drug and Alcohol Testing for CDL Holders | July 2011 | 1. PURPOSE In order to promote highway safety and in accordance with the Omnibus Transportation Employee Testing Act of 1991 and U.S. Department of Transportation (DOT) Rule 49 CFR Part 40 and The Federal Motor Carrier Safety Administration's (FMCSA) rule, 49 CFR 382, James Madison University will conduct mandatory drug and alcohol testing of all university employees who are required to possess a commercial driver's license (CDL). 3. DEFINITIONS Alcohol: Class A: Any combination of vehicles with a gross vehicle weight rating (GVWR) of 26,001 or more pounds provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds. Class B: Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR. Class C: Any single vehicle or combination of vehicles that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is placarded for hazardous materials. Contract Testing Facility (Contractor):
5.3 Supervisor Responsibilities Supervisors are also required to participate in the drug and alcohol program overview and substance abuse training provided by the university.
6.3 MRO Procedures for Positive Test Results
6.6 Return-to-Duty Re-Evaluation Alcohol Commercial Driver's License Contract Testing Facility (Contractor) Covered Employees Illegal Drug Medical Review Officer (MRO) Substance Abuse Professional (SAP) Appendices (Forms) |
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| 1334 | Student Employment | June 2011 | 1. PURPOSE The university employs qualified students for various positions in order to meet personnel needs. The objective of this policy is to define student employment and to outline the conditions of employment for student employees. Student employment is separate and distinct from financial aid given to students, and this policy also is designed to distinguish between the two types of payments made to students. Fellow: Fellowship: Graduate Assistant: Grant: Intern: Institutional Employment: Lump Sum Payment: Scholarship: Stipend: Student Employee: Student Employment: Student Employment Position: Approved by the president: February, 2008 Index Terms Students |
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| 2101 | Faculty Hiring Procedures | November 2003 | 1. PURPOSE This policy has been developed in accordance with state and federal law to provide uniformity in the hiring process for faculty members. Compliance is required for all faculty hires, unless otherwise specified herein. 2. AUTHORITY The Board of Visitors has the authority to make all rules and regulations concerning the employment of individuals to work for the university. Where the board has not enacted rules, the authority is delegated to the President. 3. APPLICABILITY This policy relates to the hiring of all faculty members, including Instructional Faculty as well as Administrative and Professional (A&P) faculty. This policy applies to all faculty appointments, including full-time and part-time appointments; adjunct and visiting appointments; tenured, tenure-track, renewable term, and untenured appointments; academic year, calendar year, fixed term appointments and interim appointments. (However, please note that the procedures detailed in this policy for a full search are not required for part-time appointments, interim appointments or full-time appointments of less than one year - such as visiting faculty, faculty on short-term contracts or temporary replacements for faculty on leave.) 4. DEFINITIONS Administrative & Professional Faculty (A&P faculty) Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3). Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized. Appointment: Documentation: Offer: Instructional Faculty: 5. POLICY The process of hiring faculty members at James Madison University, from search through hiring, is guided by a specific set of guidelines and procedures that must be followed to ensure fairness, accountability and the continuing presence of an outstanding teaching faculty. Faculty appointments are subject to approval by the Board of Visitors. 5.1 Searches:
6. PROCEDURES 6.1 Offers: Once a candidate has been identified as the person who will receive an offer, the appropriate university official will contact the candidate to make the offer. The offer is subject to approval by the next level of supervision before the offer is extended. Official Transcripts & Other Hiring Documentation 1. At the time of the offer, the appropriate university official will inform the successful candidate of the documentation necessary to accept the offer. Unless and until the candidate provides appropriate documentation that is satisfactory to the university, the offer may be withdrawn by the university. 2. For all Instructional Faculty and for Administrative & Professional Faculty who will be teaching a for-credit course or for whom it is likely that teaching will be part of future job responsibilities, documentation will consist, at a minimum, of the following items:
3. In addition to the documentation provided by the candidate, the hiring department will be responsible for any additional documentation required by the Office of Affirmative Action and the full completion of a PAR form. 4. For all Administrative & Professional Faculty who will not be teaching a class, documentation will consist, at a minimum, of the following items:
5. Failure by the successful candidate to provide the appropriate documentation may result in the withdrawal of the offer, even if the candidate has attempted to formally accept the offer 6. When a candidate does not fulfill the official transcript documentation requirements for a position that is accepted less than 60 days prior to the start of the employee's first teaching semester, the Provost and Vice President for Academic Affairs may choose to honor the offer for no more than sixty days, with continuation of employment contingent on the candidate's successful completion of all official transcript documentation requirements. To hire a faculty member without appropriate official transcript documentation (for whatever reason), hiring officials must complete the Emergency Hire Form (Addendum 1) in order to request this option. If the university does not receive the appropriate official transcript(s) within sixty days of the start of the semester, the faculty member will be terminated. A faculty member terminated under such conditions will not be eligible for further employment. This Emergency Hire Form option is not available to employees who accept a position more than 60 days prior to the start of their first teaching semester. 7. Hiring officials may not waive the timely presentation of the immigration documentation or the official transcript. 8. No faculty member will be hired unless and until all documentation is received or an Emergency Hire Form is approved. 9. In the event that the candidate is hired in anticipation of, but prior to having fulfilled all requirements for a particular degree, such as a Ph.D., the candidate should provide the official transcript of the highest degree attained to date and has a duty to provide the official transcript of the pending degree within 15 working days after it is awarded. Failure to provide the official transcript of the degree may result in termination or non-renewal. 10. When the official transcript is coming from a foreign institution, the following time frames apply: When a candidate whose degree is from a foreign institution does not fulfill the official transcript documentation requirements for a position that is accepted less than 180 days prior to the start of the employee's first teaching semester, the Provost and Vice President for Academic Affairs may choose to honor the offer for no more than 180 days, with continuation of employment contingent on the candidate's successful completion of all official transcript documentation requirements. To hire a faculty member without appropriate official transcript documentation (for whatever reason), hiring officials must complete the Emergency Hire Form in order to request this option. If the university does not receive the appropriate official, translated foreign transcript(s) within 180 days of the start of the semester, the faculty member will be terminated. A faculty member terminated under such conditions will not be eligible for further employment. 6.2 Appointments and Contracts: Faculty appointments are official when a signed contract is issued by the president and accepted by the appointee and returned to the university with the faculty member's signature, or for an at-will faculty member, when the faculty member begins work in the position. For details see the Faculty Handbook. The contract procedure shall be as follows:
Contract Templates 7. RESPONSIBILITIES Deans, department heads, search committee chairs and hiring supervisors are responsible for knowing and understanding this policy and following it carefully through the search and hiring process. They are also responsible for ensuring that accurate documentation accompanies the hiring of every faculty member. Where the official transcript of the highest degree attained does not match the faculty member's teaching assignment, the hiring department is responsible for submitting a 'statement of justification' to Human Resources for inclusion in the employee's file. When hiring a candidate who has completed all coursework for a doctoral degree except for the completion of the dissertation, the search committee chair, dean, or hiring supervisor is responsible for receiving the official transcript of the highest degree attained at the time of the offer in addition to ensuring that the official transcript of the doctoral degree is received in Human Resources within 15 days after the candidate is awarded the degree. When the official transcript of an employee being offered a position is not submitted, the search committee chair or hiring supervisor is responsible for completing an 'Emergency Hire Form' and submitting it to Human Resources. The hiring department is responsible for the management of the contract process, including sending the signed original to Human Resources at the end of the contract process. Human Resources is responsible for creating contracts where appropriate and for placement of received contracts into the appropriate employee's personnel file. 8. SANCTIONS Persons who do not comply with this policy are subject to discipline, up to and including termination. 9. EXCLUSIONS For the specific hiring procedures to fill the positions of Academic Unit Head, Associate and Assistant Dean, Dean, Administrative and Professional Faculty members in the office of the Vice President for Academic Affairs and the position of the Vice President for Academic Affairs, see the Faculty Handbook, Section III.C. In some cases, professional licenses or certificates may substitute for official transcripts. By way of an example, a CPA designation or a state license to practice medicine may suffice in lieu of an official transcript because these represent required knowledge and or degree attainment. Final determination on licenses or certificates will be made by the Provost and Vice President for Academic Affairs. 10. INTERPRETATION While the authority to interpret this policy is granted to the President, it is generally delegated to the Provost and Vice President for Academic Affairs. Original Version: December 5, 2001 Index of Terms Appendix |
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| 1105 | Prohibition of Weapons | March 2011 | 1. PURPOSE This policy provides rules and regulations concerning the possession of weapons on campus and in all facilities and locations owned or operated by James Madison University (the university) in an effort to provide a safe and secure learning and working environment for its students, employees and visitors. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president. 3. DEFINITIONS Controlled Space: Weapons: Defined as, but not limited, to:
4. APPLICABILITY This policy applies to all university faculty, staff, students, affiliates and contracted service representatives, as well as all visitors attending events (whether or not requiring a ticket) or entering buildings or controlled spaces on campus and to all property owned, leased, operated or controlled by the university. 5. POLICY No faculty or staff member, student, affiliate or contracted service representative shall carry, maintain, or store a weapon, concealed or otherwise, on any property owned, leased or controlled by the university, except as provided herein. No visitor shall carry, maintain or store a weapon, concealed or otherwise, in any controlled space owned, leased, or controlled by the university or at any university event. Items that are used as weapons on property owned or operated by the university, whether or not they fit the definition above, will also subject the user to discipline or removal. 6. PROCEDURES 6.1 Prop Weapons and Facsimiles 6.2 Storage and Related Procedures 6.3 Reporting Violations 7. RESPONSIBILITIES It is the responsibility of vice presidents , academic deans, academic unit heads, directors, managers and supervisors to ensure that the provisions of this policy are reviewed with employees and students in their areas. It is the responsibility of each student, employee, contracted service representative, affiliate and visitor attending events or entering buildings or controlled spaces on campus to comply with this policy. It is the responsibility of each vice president , academic dean, academic unit head, director, manager and supervisor to enforce the provisions of this policy in their area of accountability and to report infractions to the Campus Police. It is the responsibility of the Chief of Police to ensure that the Public Safety Office investigates matters of noncompliance, takes appropriate action and reports resultant findings to the appropriate vice president. It is the responsibility of the Chief of Police to provide and maintain a safe and secure weapons locker and related record keeping for the purposes of legitimate weapons storage. It is the responsibility of the Chief of Police and/or designated officials to properly inspect and certify stage prop, facsimile, disabled and/or academic demonstration weapons as unable to discharge a projectile or otherwise disarm and unload such weapons upon petition by employees, students, and invited lecturers and guests of the university. 8. SANCTIONS A student who violates this policy will be subject to disciplinary sanctions under the student judicial code, up to and including expulsion. An employee who violates this policy will be subject to disciplinary sanctions under misconduct policies of the university, up to and including dismissal. An affiliate who violates this policy will be subject to revocation of affiliate status. A visitor who violates this policy will be subject to removal from campus and being barred from campus. Sanctions will be commensurate with the severity and/or frequency of the offense. 9. EXCLUSIONS This policy does not apply to law enforcement officials duly authorized to carry such weapons. Also excepted are military drills, honor guards and color guards utilizing facsimile or functionally disabled weapons and archery classes, team practice and competition utilizing target bows and arrows. 10. INTERPRETATION The authority to interpret this policy rests with the president and is generally delegated to the Chief of Police. Previous version: July, 2009 Index Terms |
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| 1302 | Equal Opportunity | July 2012 | 1. PURPOSE This policy represents a commitment by the university to support the practice, spirit and good-faith efforts regarding equal opportunity and diversity, beyond mere compliance with government regulations. A commitment to diversity is a commitment to all members of the university community. Diversity among staff, students and faculty offers the university an opportunity to realize its mission. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. 3. DEFINITIONS Accommodation: Discrimination: Employment matters and personnel actions: Harassment:
Harassment specifically includes instances of sexual violence of any type perpetrated against a member of the university community. Protected Class: Student Matters: 4. APPLICATION This policy applies to all applicants, employees, students, affiliates and visitors to the university. It applies to all discriminatory practices as defined herein, and to all employment and student matters as defined herein. 5. POLICY James Madison University does not discriminate and will not tolerate discrimination on the basis of age, color, disability, genetic information, national origin, parental status, political affiliation, race, religion, sex, sexual orientation or veteran status. Conduct by a member of the university community that constitutes discrimination or harassment on the basis of any protected class is a violation of university policy and is sanctionable. 6. PROCEDURES Any applicant, employee, student, affiliate or visitor who feels that he or she has been the victim of discrimination or harassment by an employee, affiliate or visitor to the university may file a complaint about such discrimination or harassment with the Office of Equal Opportunity. See Policy 1324. Any member of the university community who feels that he or she has been the victim of discrimination or harassment by a student may file a complaint about such discrimination or harassment with the Office of Judicial Affairs. Inquiries or requests for reasonable accommodations for disabilities may be directed to the activity coordinator, the Office of Disability Services, Human Resources or the Office of Equal Opportunity. See Policy 1331. 7. RESPONSIBILITIES University administrators, management, faculty, staff and students are responsible for supporting and following this policy. The Office of Equal Opportunity is responsible for monitoring the university's efforts regarding nondiscrimination and diversity. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment or expulsion. 9. EXCLUSIONS This policy does not apply to legitimate decisions based on bona fide occupational qualifications in hiring or on an employee's, student's or applicant's performance or ability to perform the essential functions of a job or to fulfill the essential components of an educational program. 10. INTERPRETATION The authority to interpret this policy rests with the president, and is generally delegated to the Director of Equal Opportunity. Approved by the President: January, 2008 Index Terms: Accommodation |
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| 1406 | Reporting Suspected Child Abuse or Neglect | October 2012 | 1. PURPOSE The purpose of this policy is not only to comply with relevant state laws related to the mandatory reporting of suspected child abuse or neglect, but to recognize the responsibility of the university to provide a safe environment for children. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6;23-9.2.3. The Board has delegated the authority to manage the university to the president. STATE OR FEDERAL STATUTE AND/OR REGULATION Code of Virginia §63.2-1509 provides that all employees of a public or private institution of higher education are required to report instances of child abuse or neglect. 3. DEFINITIONS Abused or Neglected Child
Mandated Reporter Social Services University Employee 4. APPLICABILITY This policy applies to all university employees unless otherwise noted. 5. POLICY Any university employee, who in their official or professional capacity, has reason to suspect that a child is an abused or neglected child, is required to report the matter as soon as possible, but not longer than 24 hours after having reason to suspect a reportable offense of child abuse or neglect. 6. PROCEDURES 6.1 Communication of policy The provisions of this policy will be communicated to employees using the following methods:
In addition, members of the HR Service Center will be available to discuss the provisions and procedures of the policy with employees. 6.2 Reporting incidences Reports of suspected child abuse and/or neglect must be submitted by the employee to the Department of Social Services in the locality in which the child resides or where the abuse or neglect is believed to have occurred, or to the Department of Social Services (DSS) toll-free child abuse and neglect hotline (1-800-552-7096). If neither the locality in which the child resides nor where the abuse or neglect is believed to have occurred is known, then such report shall be made to the local department of the county or city where the abuse or neglect was discovered or to the Department's toll-free child abuse and neglect hotline. Additionally, James Madison University employees may also report suspected child abuse or neglect to their supervisors or other university officials, including Public Safety (540-568-6912), Human Resources (540-568-6165), or a member of their department's administration. Such an internal report will relieve the employee of the responsibility of reporting the matter to Social Services if the employee received the information in the course of his or her professional services to the university. In that case, the internal report made by the employee to the supervisor, public safety officer, or department head shall be forwarded immediately by the university official receiving the internal report to HR. HR shall forward the report to Social Services. HR will disclose the name of the employee(s) reporting the incident of suspected child abuse/neglect to DSS officials. Human Resources will then notify the reporting employee the date the report is forwarded to Social Services, and shall forward any communication resulting from the report, including any information about any actions taken regarding the report, to the employee who made the initial report. 6.3 Investigations The employee who suspects child abuse or neglect shall disclose all information that is the basis for his or her suspicion to Social Services, and upon request, shall make available any information, records, or reports that document the basis for the report. All employees who maintain a record of a child who is the subject of such a report shall cooperate with the investigating agency and shall make related information, records and reports available to the investigating agency unless such disclosure violates the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g). 7. RESPONSIBILITIES All employees are responsible for reporting suspected child abuse and/or neglect under the terms of this policy and state law. Human Resources is responsible for the management of this policy, including overseeing the reporting of suspected incidences to Social Services on behalf of the institution, and notifying the reporting employee of the process and the results for such reports. 8. SANCTIONS According to Code of Virginia §63.2-1509(D), an employee who fails to file a report as soon as possible, but not longer than 24 hours after having reason to suspect a reportable offense of child abuse or neglect, shall be fined not more than $500 for the first failure and for any subsequent failures, not less than $1,000. In cases evidencing acts of certain crimes of sexual assault, a person who knowingly and intentionally fails to file a report shall be guilty of a Class 1 misdemeanor. An employee who makes or causes to be made a report of child abuse or neglect that he knows to be false shall be guilty of a Class 1 misdemeanor. Regarding university discipline, sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS An attorney who is employed by a public institution of higher education is not required to report information obtained in the course of providing legal representation to a client under this policy. A regular minister, priest, rabbi, imam, or duly accredited practitioner of any religious organization or denomination, usually referred to as a church, is not required to report information required by the doctrine of the religious organization or denomination that is to be kept in a confidential manner. No employee is required to make a report if he or she has actual knowledge that the same matter has already been reported to the local department or the Department's toll-free child abuse and neglect hotline. 10. INTERPRETATION The authority to interpret this policy rests with the president and is generally delegated to the Director of Human Resources. Previous version: None INDEX TERMS ADDITIONAL RESOURCES Commonwealth of Virginia Department of Social Services, Child Protective Services (CPS) |
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| 4202 | Abandoned and Unclaimed Personal Property | February 2011 | 1. PURPOSE This policy outlines the procedures and responsibilities for collection, retention and disposal of abandoned and unclaimed property on the JMU campus or other locations owned, leased or operated by the university. 2. AUTHORITY Section 23-4.2 of the Code of Virginia authorizes the university to provide by regulation for the care, restitution, sale, destruction or disposal of unclaimed personal property, whether lost or abandoned, in its possession. Abandoned or unclaimed intangible personal property shall be administered as provided in Section 55-210.12 et seq. of the Code of Virginia. Abandoned motor vehicles shall be disposed of as provided in the City of Harrisonburg's ordinance subject to Section 46.2-1200 et seq. of the Code of Virginia. 3. DEFINITIONS Personal Property: Tangible Personal Property: Intangible Personal Property: Finder: Receiver: 4. APPLICABILITY This policy applies to all persons who find or wish to claim any lost personal property on the JMU campus or other locations owned, operated or leased by the university. 5. POLICY Receivers are authorized by the university to receive and have charge of lost, abandoned or unclaimed tangible personal property. Accounting Services is authorized to receive and have charge of lost, abandoned or unclaimed intangible personal property. Intangible personal property believed to be abandoned or unclaimed shall be turned over to JMU Accounting Services by the finder. The property shall be administered by Accounting Services as provided in Section 55-210.12 et seq. of the Code of Virginia. Tangible personal property that is lost, abandoned or unclaimed shall be turned over immediately by the finder to a receiver charged with receipting and retaining these items (Reference Policy #3106, Lost & Found Property). Receivers shall only allow a claim of property upon satisfactory identification by the owner, proof of ownership and payment of the university's reasonable charges for storage or other services necessary to preserve the property. 6. PROCEDURES 6.1 Lost & Found sites are listed on Appendix A. 6.2 All JAC cards turned into a receiver will be sent directly to the Campus Card Center and any cash or coin turned in will be sent directly to Accounting Services. Other items of value such as keys, checkbooks, drivers' licenses, jewelry, wallets, passports, computer equipment and bicycles will be sent directly to Public Safety for retention. 6.3 Persons claiming items from a receiver must have a picture ID (unless the lost item is the picture ID) or other satisfactory proof of ownership, must sign for the items, and must pay the university's reasonable charges for storage or other services necessary to preserve the property. Inquiries pertaining to lost items can be made at any Lost & Found site on campus. Lost & Found notifications are publicized in The Breeze, the university student newspaper, once each semester by the University Center (Reference Policy #3106, Lost & Found Property). 6.4 Following 60 days of retention by the receiver, unclaimed tangible personal property will be itemized on a listing, securely packaged or boxed, and delivered to the JMU Surplus Property Office. Items will be held in The Surplus Property Office for an additional 60 days. After a total of 120 days of retention by the university, the Surplus Property Office, which is empowered to exercise fiduciary responsibility, may dispose of any surplus property in accordance with state surplus property regulations. Prior to receipt of unclaimed tangible personal property, the Surplus Property Office may provide written prior approval for destruction of property by a Receiver. 6.5 If the Surplus Property Office determines that the probable cost of sale including storage will exceed the sale proceeds, the property is inherently dangerous or the property may not lawfully be sold or used, the Surplus Property Office may provide for any such property, as appropriate under the circumstances, to be destroyed or discarded at an appropriate location or retained for use by the university. 7. RESPONSIBILITIES The finder of any lost, abandoned or unclaimed tangible personal property is responsible for delivering the property immediately to a receiver. The receiver will turn over checkbooks and checks, driver's licenses, jewelry, wallets, passports, electronic and computer equipment, bicycles, and similar items to Public Safety. JAC cards will be turned over to the Campus Card Center. Money (cash and coin) will be immediately transferred by the receiver to Accounting Services (reference Policy 3106). For all other lost, abandoned or unclaimed tangible personal property, the receiver shall exercise fiduciary responsibilities for proper receipt, storage, retention and restitution of items for a period of at least 60 days and to effect reasonable efforts to notify potential owners that the property has been found. A complete list of lost tangible personal property shall be furnished by the receiver to the Surplus Property Office when the property is turned over for disposition. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment or expulsion from the university. 9. EXCLUSIONS None 10. INTERPRETATION Authority to interpret this policy rests with the president and is generally delegated to the Assistant Vice President for Finance. Previous version: April 2009 Index Terms Lost Items |
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| 1104 | The Institutional Review Board on the Use of Human Subjects in Research | March 2010 | 1. PURPOSE This policy provides for the establishment of the Institutional Review Board (IRB) at the University to oversee all human research at the university. The Institutional Review Board for the Protection of Human Research Participants is an independent compliance committee mandated by the U.S. Department of Health and Human Services (HHS). (See Title 45, Part 46 of the Code of Federal Regulations.) The most recent version of the regulations, adopted in 1991, includes the adoption of the Federal Policy for the Protection of Human Subjects, generally known as the "Common Rule." This policy, promulgated by the sixteen federal agencies that conduct, support, or otherwise regulate research involving human participants, is designed to make uniform the human research participant protection system in all relevant federal agencies and departments. 2. AUTHORITY The University is subject to the Federal Rules and Regulations to Assure the Protection of Human Research Subjects. In accordance with the University's General Assurance issued by Health and Human Service Office of the Protection from Research Risks, each proposed project involving human subjects must be reviewed by the University IRB. The university is also subject to the rules and regulations of the Department of Mental Health, Mental Retardation and Substance Abuse Services of the Commonwealth of Virginia. See Code of Virginia Title 37.2, Chapter 4. Those rules provide that each institution that conducts human research is required to establish a human research review committee. The University committee charged with this responsibility is the IRB. The role of the IRB is to protect the rights and welfare of individuals recruited to participate in research activities conducted under the auspices of the University. The IRB has the authority to approve, require modifications in, or disapprove all research activities involving human participants that fall within its jurisdiction as specified by both the federal regulations and local institutional policy. Research that has been reviewed and approved by the IRB may be subject to review and disapproval by officials of the institution. However, those officials may not approve research if it has been disapproved by the IRB. Research that has been reviewed and approved by the IRB is subject to continuing IRB review and must be reevaluated at least annually, or more frequently if specified by the IRB. 3. DEFINITIONS Conflict of Interests
Human Subject (from the Federal Regulations--Section 46.102(f) of 45 CFR 46): Institutional Review Board (IRB): National Institutes of Health (NIH): Research-Section 46.102(d) of 45 CFR 46): NOTE: Internal studies by the institution of its own practices, aimed at improving those practices, but not at contributing to generalizable knowledge, are not considered research for the purposes of this policy. This policy applies to all research involving human subjects conducted, supported or otherwise subject to regulation by any federal department or agency. This includes research by any person who is a faculty or staff member or student at the university, regardless of where the actual research takes place. It also applies to research conducted by individuals who are not faculty members or students at the university, if the human subjects are members of the university community. 5. POLICY No human research shall be conducted or authorized by the university unless the IRB has reviewed and approved the proposed human research project. NIH regulations state that all investigators and key personnel conducting research on NIH grants or contracts are required to undergo training in the protection of human subjects in research. To adopt the policies of Responsible Conduct of Research, the university requires that all researchers complete a JMU-specific training course, including students and their faculty advisors. This on-line training will be coordinated by the Office of Sponsored Programs in conjunction with the Office of Research Compliance. 6.1 Institutional Review Board See IRB membership Requirements at the following URL: http://www.hhs.gov/ohrp/humansubjects/guidance/rtcfr46.htm#46.107
6.2 Categories of Research Subject to IRB Review All research using human subjects must be reviewed and approved by the IRB prior to the initiation of the research project. Among the categories of human research which require direct IRB review are:
6.3 Criteria Used for Review of Proposals The IRB must review and approve the proposed human research project giving consideration to:
6.4 Informed Consent No human research may be conducted without informing the human subject (or subjects) or the legally authorized representative of the subject in writing of the risks, procedures, and discomforts of the research. Consent must be documented in writing and supported by the signature. A voluntary consent form will be included as a part of any questionnaire research. When research involves the use of minor participants, consent must be obtained from a parent or legal guardian. In addition, the minor participants over the age of 6 must provide their assent to participate, using a form appropriate for their age level. All relevant forms are located at Office of Sponsored Programs Forms Voluntary Informed Consent assures a person's right to exercise free power of choice regarding participation in research. The basic elements of information necessary for voluntary informed consent are:
6.5 Procedures for Submitting Research Proposals to the IRB and Gaining Approval to Commence the Project. A researcher must submit a proposal to the IRB prior to initiation of the research project. The following steps are to be followed for each project: Protocol - Exemption Request:
All relevant forms are located at Office of Sponsored Programs Forms Protocol - Non-Exempt (Full):
All relevant forms are located at Office of Sponsored Programs Forms Initial IRB approval is granted for the duration of the project dates indicated on the Review Request Form; but for no more than one year. Researchers must submit a follow-up report at the conclusion of their research. This should be submitted to the Office of Sponsored Programs when the project is completed or no later than two weeks prior to the approved ending date. For multi-year projects, this report form should be submitted annually. (Appendix D) An on-line tutorial on how to complete an IRB application is available on the Sponsored Programs web site and in both Student (Appendix H) and Faculty (Appendix I) brochures. 6.6 Statement of Concern/Complaint Any person who has a complaint about a human research project shall submit in writing to the Director of Research Compliance a statement of complaint and a brief description of the events that document the complaint. The Research Compliance director shall refer the complaint to the IRB to determine if there has been a violation of protocol. If the IRB in conjunction with the Director of Research Compliance determines that this policy has been violated or that the project was conducted in violation of protocol, it shall recommend to the President the course of action the university should take, including the possibility of a sanction to be imposed against the researcher. Possible sanctions for violation of this policy are set out in Section 8 herein. 6.7 Training Every person conducting a research project that includes the use of human subjects must complete a training course and successfully pass a certification exam. The training and test can be found on the Sponsored Programs web page. Training is required regardless of whether the project is externally funded. Training must include key foreign and domestic personnel on subcontracts and consultants, and it applies whether or not these individuals are compensated from the award. The training requirement encompasses students and their advisors when conducting any kind of research, including classroom-based projects. Although subject to modification based on changing federal guidelines, training is currently required annually for each student investigator and recommended every 3 years for faculty/staff. The web based training program required of all research personnel, including students and their research advisors, may be found on the Sponsored Programs IRB home page. Investigators carrying out federally sponsored research that involves human subjects can obtain further training on the web at the NIH website. Completing training through NIH does not release the researcher from having to complete the web-based training package provided by JMU. 6.8 Special Circumstances There are additional approvals required for specialized activities as follows:
7. RESPONSIBILITIES The IRB is responsible for reviewing research protocols concerning human research, evaluating those proposals to determine if they meet the requirements, and approving or disapproving such proposals. Additionally, the IRB is responsible for monitoring ongoing projects previously approved, handling complaints concerning human research projects, and making recommendations on sanctions to the President. Faculty members are responsible for ensuring that projects conducted as part of a class are submitted for review by the IRB, and for submitting their own research for review. The Office of Sponsored Programs in conjunction with the Office of Research Compliance is responsible for updating procedures, forms and providing training for researchers through the web based program in section 6.7 above. 8. SANCTIONS Any researcher who fails to abide by this policy is subject to sanctions, up to and including termination of employment with the university for faculty and staff members, expulsion from the university for students, and being barred from any further research on the university campus for researchers outside of the university. Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS In certain cases, the IRB chair or his/her designee may approve a protocol as being eligible for exemption from IRB review. Exemption requests must be submitted to the IRB, and approval received prior to conducting the research, using the procedure described in 6.5. Examples of studies which may be eligible for exemption follow:
10. INTERPRETATION The authority to interpret this policy rests with the president, and is generally delegated to the Director of Sponsored Programs and the IRB Chair. Previous version: June, 2008 Index Terms Institutional Review Board (IRB) Appendices |
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| 1506 | Use of University Property | March 2011 | 1. PURPOSE The purpose of this policy is to prohibit employees of the university from using university property for personal or private purposes. 2. AUTHORITY 3. DEFINITIONS 4. APPLICABILITY 5. POLICY 6. PROCEDURES 7. RESPONSIBILITIES 8. SANCTIONS 9. EXCLUSIONS 10. INTERPRETATION Previous Version: June, 2007 Index Terms |
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| 3109 | Bloodborne Pathogens | May 2002 | THIS POLICY IS CURRENTLY UNDER REVIEW
6.2 Persons who begin the inoculation process, but fail to complete the series by the designated time schedule, should consult with one of the UHC RNs responsible for the BBP medical training. 6.3 TRAINING All persons in at risk positions will be given medical and departmental training provided by the university. Human Resources and the University Health Center will coordinate all medical training activity. Human Resources will maintain employee-training records. Human Resources will maintain training records for all student positions designated at risk. 1) Medical Training
All departments with at risk positions must conduct annual departmental training, including any pertinent updates. Employees must be aware of the HAZMAT (hazardous materials) manual, the OSHA regulations, and the exposure control plan, including where these materials are kept within the department. The training must review the specific exposure control plan developed for the office/department. An outline of an exposure control plan would include:
The medical records for all persons involved in an exposure incident must be maintained for length of employment plus 30 years. All records are confidential. Records must include name and social security number, hepatitis B vaccination status (including dates), results of any examinations, medical testing and follow-up procedures, a copy of the healthcare professional's written opinion, and a copy of information provided to the health care professional. Faculty, classified staff and administrative employee records will be maintained in Human Resources. Student employee records will be maintained in the University Health Center.
Approved: May 2002 Linwood H. Rose, President Index of Terms Blood HIV Hepatitis Vaccination |
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| 1111 | Smoking Regulations | February 2011 | 1. PURPOSE This policy establishes the rules and regulations concerning smoking on the JMU campus, on property controlled by JMU, and in facilities and vehicles owned or controlled by JMU. This policy ensures compliance with the Virginia Executive Order 41. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth to govern the university, including the authority to establish rules for its safe operations. See Code of Virginia section 23-9.2:3. This power is delegated to the President in areas in which the Board has not established policy. 3. DEFINITIONS Smoking: The carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or device; or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, cigarette, or any other smoking equipment or device of any kind. 4. APPLICABILITY This policy applies to all employees, students, contractors, visitors, and all other individuals while they are on university owned or operated property, or in university vehicles. 5. POLICY Smoking is not permitted within buildings, facilities, structures, or vehicles owned, leased or rented by the university, including parking garages, covered walkways, temporary enclosed structures, trailers, and tents as well as structures placed on state-owned property by contractors or vendors. This includes individual offices. Smoking is permitted outdoors on university grounds, plazas, sidewalks, malls and similar open pedestrian-ways, unless such areas are designated as non-smoking areas, provided smokers are 25 feet or more in distance away from an entrance, exit, outdoor air intake, or operable window of any facility, including parking garages. Smokers are required to use ash urns to dispose of their smoking material waste and are prohibited from littering state-owned property with smoking material waste. 6. PROCEDURES 6.1 Petition to Designate Outdoor Smoking Areas 6.2 Conflicts 6.3 Accommodations 7. RESPONSIBILITIES It is the responsibility of each supervisor, manager, department head, director, dean and AVP to enforce the provisions of this policy in their area of accountability. It is the responsibility of all AVP's and deans to decide on petitions to designate smoking areas, requests to remove the designation of an area as a smoking area and requests for accommodations of documented disabilities regarding smoking areas. It is the responsibility of the senior vice presidents to resolve all appeals from the decision of an AVP or dean concerning the designation of an area as a smoking area or non-smoking area. It is the responsibility of all students, faculty, staff and visitors to observe the smoking policy. 8. SANCTIONS Regarding employees, sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. Regarding students, sanctions will be commensurate with the severity and/or frequency of the offense and may include suspension or expulsion of the student. Violations of this policy may result in a charge of misconduct under the terms of the Faculty Handbook, Staff Handbook, or Student Standards of Conduct. Additionally, violations shall be considered in an employee's performance evaluation. 9. EXCLUSIONS 10. INTERPRETATION The authority to interpret this policy rests with the president, but is generally delegated to the Director of Human Resources. Previous update: July, 2010 Index of Terms SmokingNo Smoking Areas Designated Outdoor Smoking Areas |
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| 4501 | University Business Activity | March 2012 | 1. PURPOSE This policy outlines the criteria for the university to ensure that its business activities are conducted in conformity with federal income tax legislation. 2. AUTHORITY Legally mandated conformity to federal income tax legislation requires the Assistant Vice President for Finance to enforce this policy. 3. DEFINITIONS University Business Activity: Unrelated Business Activity: Business Activity Synopsis:
4. APPLICABILITY This policy applies to all JMU departments engaged in business activities that result in generating revenue for the university. 5. POLICY James Madison University is exempt from federal income and state sales and income taxes for all activities conducted in relation to the university's mission. However, activities that cannot be associated with the university's mission are subject to federal income tax. In the process of disseminating knowledge, it is often desirable for the university to charge fees for providing goods and services that will enhance, promote or support its instructional, research and public service, as well as all other educational and support functions that will meet the needs of JMU students and faculty and staff members, and members of the general public who participate in university events. Therefore, it is the policy of the university to engage primarily in those business activities that meet all of the following criteria:
6. PROCEDURES University departments and activities shall prepare and submit a Business Activity Synopsis to the assistant vice president for finance for each university business activity upon each of the following occurrences:
University departments and activities shall provide the following information for each business activity that the assistant vice president for finance has determined is an unrelated business activity:
7. RESPONSIBILITIES The Assistant Vice President for Finance shall review and evaluate the Business Activity Synopsis for all university business activities in accordance with this policy, recommend to the vice president for administration and finance whether the enterprise should be authorized or continued as a university business activity and determine if the business activity is an unrelated business activity and is required to be included in the Exempt Organization Business Income Tax Return 990-T. The Assistant Vice President for Finance shall also prepare the Exempt Organization Business Income Tax Return 990-T. The Senior Vice President for Administration and Finance shall review recommendations 8. SANCTIONS Employees who violate this policy are subject to discipline commensurate with the severity and/or frequency of the offense and may include termination of employment. The business activity will be terminated by the Senior Vice President for Administration and Finance if the department does not comply with the requirements of this policy. 9. EXCLUSIONS None. 10. INTERPRETATION Authority to interpret this policy rests with the president and is generally delegated to the assistant vice president for finance. Previous Version: March, 2010 Index Terms Business activity |
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| 4100 | Signature Authority on Contracts | June 2012 | 1. PURPOSE This policy establishes those who are authorized to sign contracts to enter the university into official commitments, financial or otherwise. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. 3. DEFINITIONS Contract/Contractual Agreement: Sign/Signature: Signature Authority: 4. APPLICABILITY This policy applies to contractual agreements entered into by JMU or its departments or units and, therefore, applies to all employees. 5. POLICY Unless specifically authorized by this policy, no employee may enter into contractual agreements. Any and all contracts, including memorandums of understanding/agreement, collaboration agreements, and affiliation agreements, must be reviewed by the Special Assistant Attorney General/University Counsel before being signed. Any and all contracts, including memorandums of understanding/agreement, collaboration agreements and affiliation agreements, must be signed by an authorized legal representative of the university who has been delegated that responsibility. 6. PROCEDURES Signature authority is delegated by the president as follows. However, the president reserves the right to review each on a case by case basis.
7. RESPONSIBILITIES It is the responsibility of the department generating the contract to forward every contract to the Special Assistant Attorney General/University Counsel for review of legal sufficiency before it may be signed and to ensure that the contract is signed by the proper university official with delegated signature authority. Departments generating contracts are also responsible for allowing sufficient time for review and negotiation of contractual terms. It is the responsibility of the Special Assistant Attorney General/University Counsel to review all university contracts for legal content and sufficiency in accordance with Virginia law. The Special Assistant Attorney General/University Counsel is the final authority on interpretation of the law. It is the responsibility of the Procurement Department to serve as the primary repository for contracts, agreements, riders, and related legal documents as a result of a competitive solicitation or sole source process when goods and services are obtained in accordance with established university procurement policies and procedures. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS This policy does not apply to those contracts entered into by student clubs and organizations. For information about those contracts, see Policy 4101. 10.INTERPRETATION The authority to interpret this policy rests with the president and is generally delegated to the Assistant Vice President for Finance or the Special Assistant Attorney General/University Counsel. Previous version: September, 2010 Index Terms Contractual Agreements |
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| 1115 | Violence Prevention | September 2010 | 1. PURPOSE This policy is to provide procedures for the prevention of violence on campus, including assessment and intervention with individuals whose behavior poses a threat to the safety of the campus community. 2. AUTHORITY The Board of Visitors is specifically required under § 23-9.2:10 of the Code of Virginia to determine a committee structure on campus of individuals charged with education and prevention of violence on campus. 3. DEFINITIONS Behavioral Assessment Team (BAT): Emergency Response & Recovery Team (ERRT): Faculty/Staff Assessment Team (FSAT): Violence Prevention Team (VPT): 4. APPLICABILITY This policy applies to all members of the university community, all violence and threats of violence on campus, and all forms of physical violence to self and others. 5. POLICY The university is committed to providing a safe and secure environment for all of the members of the community. The BAT and FSAT will meet as needed to assess and intervene with students, faculty and staff members whose behavior may present a threat to themselves or the safety of the university community. The VPT will develop plans and strategies to support the education of the university community on violence prevention, and to promote the engagement in and commitment to a safe campus. The ERRT will advise the president and division heads on the response to all emergencies on campus, and recovery from such emergencies. 6. PROCEDURES 6.1 Membership 6.2 Committee Responsibilities 6.3 Reporting Concerns 6.4 Actions by Committee 6.5 Outside Resources 6.6 Obtaining Criminal History and Health Information 7. RESPONSIBILITIES The BAT is responsible for assessing student behavior and making recommendations to the administration on the most appropriate intervention to respond to students whose behavior may present a threat to themselves or the safety of the university community. The FSAT is responsible for assessing faculty and staff behavior and making recommendations to the administration on the most appropriate intervention to respond to faculty and staff members whose behavior may present a threat to themselves or the safety of the university community. The VPT is responsible for providing education and guidance to all members of the university community regarding recognition of threatening or aberrant behavior that may represent a threat to the community, and identification of members of the campus community to whom threatening behavior should be reported. The ERRT is responsible for making recommendations to the president and division heads on the response to all emergencies on campus, and recovery from those emergencies. 8.SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense. 9.EXCLUSIONS Threats of violence which concern neither members of the university community nor the campus are not covered by this policy. 10.INTERPRETATION The authority to interpret this policy rests with the President, and is generally delegated to the Special Assistant to the President. Previous version: None INDEX TERMS Behavioral Assessment Team (BAT) |
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| 1304 | Outside Employment of Faculty | March 2013 | 1. PURPOSE This policy provides guidelines for the reporting and monitoring of employment outside of the university by faculty members. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. 3. DEFINITIONS Administrative & Professional Faculty (A&P faculty) Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3). Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized. Conflict of Commitment De Minimus Compensation Faculty member Instructional faculty Outside employment 4. APPLICABILITY This policy applies to all full-time instructional faculty members and A&P faculty members at the university during the term of their employment with the university. The employee/employer relationship between a full time faculty member and the university is continuous even in periods where no duties are assigned (e.g., during the summer for faculty members on continuing academic year appointments, or during leave), and this policy applies during those periods. This policy applies to all employment or work outside of the university for remuneration of any sort. 5. POLICY 5.1 No full-time faculty member may engage in any outside employment, nor in any private business or profession, in a manner or to an extent that affects or is deemed likely to affect his or her usefulness as an employee of the university. 5.2 No faculty member may engage in outside employment if it violates the Virginia Conflict of Interests Act. See Policy 1106, Conflict of Interests. 5.3 No full-time faculty member may engage in part-time or full-time teaching for another institution during employment by the university without prior approval of the appropriate senior vice president, except as provided in section 9. 5.4 No faculty member may engage in employment with another state agency without prior approval of the appropriate supervisor. 5.5 Faculty members must report all outside employment to the university in order for the university to evaluate any potential for such interference and to monitor the potential for interference during the course of the outside employment. This reporting requirement does not apply to de minimus payments as defined herein; however, the prohibitions against conflicts of interest and commitment, and the prohibition against interference with work commitments to the university still apply, and prior approval must still be obtained for any work for another state agency or outside teaching, except as provided in section 9. 6. PROCEDURES The following establishes university standards and guidelines for reporting outside employment. 6.1 The primary obligation of full-time faculty members is to fulfill the duties of their contracted positions with the university. Outside employment should in no way interfere with this responsibility. If it is determined that outside employment interferes with full-time contracted responsibilities, the faculty member will be notified. A faculty member who is notified that his or her outside employment constitutes a conflict or interferes with university responsibilities will be required to cease such outside employment or be terminated from employment at the university. 6.2 Faculty members engaged in outside employment represent only themselves and not the university. This fact must be made known to outside employers and others as appropriate. 6.3 Faculty members engaged in outside employment are not allowed to use university equipment, supplies, services, manpower or facilities for such outside employment without prior approval and the payment of required fees and charges as determined appropriate by the Assistant Vice President for Finance. 6.4 Any faculty member who accepts a tenured position with another institution concurrent with employment at the university will be considered to have resigned his or her position with the university, and such resignation will be considered effective immediately, regardless of the duration of the employee's current contract term. Acceptance of tenure at another institution which will not take effect until after completion of the faculty member's university employment is not covered by this provision. 6.5 Approval and Conflict of Interest 6.6 Employees contracting with another state agency must abide by section 2.2-3100 of the Virginia Conflict of Interests Act. This section requires an employee to give written notice in advance to both the current agency and the proposed contracting agency, of the employee's material financial interest. 6.7 Full time faculty members who engage in teaching outside of the university must give written notice in advance to their supervisors, and obtain prior approval up to and including the appropriate Vice President for such outside teaching, except as provided in section 9. 7. RESPONSIBILITIES Faculty members are responsible for informing their supervisors of all outside employment. Faculty members are responsible for obtaining prior approval for any work for any other state agency, and for any outside teaching except as provided in section 9. Department heads, directors, deans and vice presidents are responsible for monitoring the potential for interference and conflicts between a faculty member's reported outside employment and his or her primary duties at the university. The Assistant Vice President for Finance is responsible for determining all fees and charges for invoicing a faculty member engaged in outside employment for the use of any university equipment, supplies, services, manpower or facilities. Each vice president is responsible for approving any outside teaching by a full time faculty member in his or her division, except as provided in section 9. The president is responsible for approving work for any other state agency by a faculty member. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS Participation in paid military reserve drills and other military activities are not to be construed to be outside employment under this policy. Full-time faculty members on academic year appointments are not required to obtain prior approval to teach at another institution during the summer months, unless they are given appointments to provide services to the university during the summer. This policy does not apply to work for which no compensation or other remuneration is received, unless such work interferes with the responsibilities of the faculty member to the university. It does not apply to investment income or ownership in a venture in which the faculty member performs no work. 10. INTERPRETATION The authority to interpret this policy rests with the President, and is generally delegated to the Vice President for Academic Affairs. Previous version: September, 2012 Index of Terms Outside employment |
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| 1403 | A&P Faculty and Classified Staff Training & Development | December 2011 | 1. PURPOSE The purpose of this policy is to outline the university's commitment to the development of its employees by providing and encouraging participation in a variety of job-related training and development opportunities. The university will invest in the professional development of its people. Administrative & Professional Faculty (A&P faculty) Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3). Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized. Professional Development Work-Related Education and/or Training 4. APPLICABILITY This policy applies to classified staff, Administrative & Professional Faculty (A&P faculty), and wage employees. Index of Terms |
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| 1314 | Transfer or Separation from Employment | March 2014 | 1. PURPOSE This policy protects the university's interests by establishing procedures for supervisors, Human Resources(HR), Student Work Experience Center (SWEC), Information Technology(IT), Payroll Services and other departments to use in ensuring that proper security is maintained when an employee transfers or separates from university employment. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. 3. DEFINITIONS Employee Separation Transfer 4. APPLICABILITY This policy applies to all university employees. 5. POLICY When an employee is no longer employed by the university, or moves from one position to another, action by the department from which the employee is transferring or separating must be taken to ensure that the transfer/separation process protects the university's rights, security and property. It is very difficult to retrieve property and information after an employee separates from the university. Therefore, supervisors are responsible for ensuring immediate compliance with this policy before the employee leaves the university. 6. PROCEDURES 6.1 Procedures for supervisors of separating employees: 6.1.1 Submit a Personnel Action Request to HR or SWEC as soon as the supervisor becomes aware of the employee's separation. 6.1.2 Collect university property including, but not limited to electronic equipment, JACard, small purchase and travel card, keys, parking permit (which must be returned to Parking Services), uniforms, etc. from the separating employee. 6.1.3 Notify the following departments:
6.1.4 Submit a request to terminate the separating employee's central systems access (e.g., Student, HR and/or Finance); network file storage access; Exchange distribution groups, resources, shared departmental mailboxes and calendar access; and other systems access. A request for each system the employee has access to must be submitted. 6.1.5 Academic unit heads shall obtain grade records for the preceding academic year from separating faculty in accordance with Faculty Handbook section III.A.2.b.(15). 6.2 Procedures for supervisors in the department from which the employee is transferring: 6.2.1 Collect university property including, but not limited to electronic equipment, small purchase and travel card, keys, uniforms, etc. The transferring employee keeps his or her JACard and parking permit. 6.2.2 Notify the following departments:
6.2.3 Submit a request to remove or terminate the employee’s central systems access (e.g., Student, HR and/or Finance); network file storage access; Exchange distribution groups, resources, shared departmental mailboxes and calendar access; and other systems access. A request for each system the employee has access to must be submitted. 6.2.4 For classified employees, an Interim Performance Evaluation should be completed prior to departure if, after six months into the performance cycle, an employee transfers, promotes or demotes into a new position with a different supervisor within an agency or between state agencies. Interim evaluations should be maintained in supervisors’ documentation files to be used when the annual evaluation is completed. The employee's new supervisor should consider this information in assessing the employee's performance at the end of the performance cycle. Reference Policy 1305-Performance Evaluation for Classified Employees, section 6.4. 6.3 Procedures for the supervisor of the department the employee is transferring into: 6.3.1 Submit a Personnel Action Request to HR or SWEC as soon as the supervisor becomes aware of the employee’s transfer. 6.3.2 Disburse university property for the new position, such as electronic equipment, keys, uniforms, etc. 6.3.3 Notify the following departments:
6.3.4 Submit a request to initiate the transferring employee's central systems access (e.g.; Student, HR and/or Finance); network file storage access; Exchange distribution groups, resources, shared departmental mailboxes and calendar access; and other systems access as required. A request for each system to which the employee needs access must be submitted. 6.3.5 The employee's new supervisor should consider information provided by the former supervisor on an Interim Performance Evaluation when assessing the employee's performance at the end of the performance cycle. Reference Policy 1305-Performance Evaluation for Classified Employees, section 6.4. 6.4 Procedures for Human Resources upon receipt of an employee’s separation Personnel Action Request: 6.4.1 Forward the Personnel Action Request to Payroll Services after processing through HR. 6.4.2 Run an exit clearance query and a query to notify supervisors of their responsibilities. 6.4.3 Send the exit clearance query (via email) to the following offices:
6.4.4 Send a Benefits Information for Exiting Employees memorandum to separating full-time employees. This memo includes information concerning the following:
6.4.4 Send the separating employee's supervisor a link to the Checklist for Supervisors of Transferring or Separating Employees to notify the supervisor of their responsibilities under this policy. 6.4.5 Contact managers of supervisors who fail to provide timely Personnel Action Requests. 6.5 Procedures for Human Resources upon receipt of an employee’s transfer Personnel Action Request: 6.5.1 Forward the Personnel Action Request to Payroll Services after processing through HR. 6.5.2 HR will email the former supervisor and the new supervisor informing them of their responsibilities under this policy concerning transfers. 6.6 Procedures for SWEC upon receipt of a student employee’s or GA’s separation or transfer Personnel Action Request: 6.6.1 Forward the separation Personnel Action Request to Payroll Services after processing through SWEC. 6.6.2 Contact managers of supervisors who fail to provide timely Personnel Action Requests. 6.7 Procedures for departments receiving notification of separations or transfers: 6.7.1 Departments receiving separation or transfer notification are responsible for taking appropriate actions before the employee's separation or transfer date. 7. RESPONSIBILITIES Supervisors have primary responsibility for adherence to this policy by closely and quickly overseeing the process of their employee’s transfer or separation. Supervisors are responsible for ensuring that HR or SWEC is notified of a separation as soon as they first become aware of an employee’s transfer/separation. Supervisors are responsible for ensuring that HR or SWEC receives the separation Personnel Action Request. (Exceptions to this exist when the separation date was submitted at the time of hire, in other words – the employment agreement has a beginning and end date.) Supervisors are also responsible for collecting university property from the employee being transferred/separated and sending notifications as specified in this policy. HR or SWEC will contact the managers of supervisors who fail to provide timely notifications (including timely submission of the Personnel Action Request). HR or SWEC will process the transfer/separation Personnel Action Request upon receipt and forward it to Payroll Services for further processing to facilitate the transfer or the timely distribution of termination pay. HR will notify the offices listed in section 6.4.3 when employees (including student and wage employees) separate. HR will also provide notification to the transferring/separating employee’s (including student and wage employees) current supervisor and /or new supervisor concerning their responsibilities under this policy. Supervisors of employees are required to complete the Checklist for Supervisors of Transferring or Separating Employees upon notification of the separation date. All departments that receive notification of an employee's transfer or separation are responsible for taking necessary actions on or before the employee's transfer or separation date. Information Technology is responsible for ensuring, once notified, that the separating employee's access to all university technical accounts and data is ended in accordance with this policy. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS This policy does not apply to adjunct faculty who are expected to return to the university. (Separation procedures differ for adjunct faculty because of the unique nature of their employment.) For instance, because the majority of adjunct faculty for whom separation Personnel Action Requests are submitted to HR have agreed to return to their part-time assignment the following semester, system access will not be removed until 120 days following the separation date indicated on the Personnel Action Request. This will allow adjunct faculty to retain access to email, course websites, Blackboard/ Canvas and other relevant systems. Employees may retain access to some or all services because of their continuing status as a student. The employee's access to the MyMadison and email systems will usually end 30 days after the effective date of separation indicated on the Personnel Action Request. However, all access to university-wide systems may be terminated immediately when an employee is terminated for cause, or when it is otherwise deemed to be in the best interest of the institution to terminate an employee’s access. In this case, HR or SWEC will contact IT for immediate systems termination. 10. INTERPRETATION Authority to interpret this policy rests with the President but is generally delegated to the Director of Human Resources. Previous version: February 2013 |
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| 5101 | Private Fundraising | June 2012 | 1. PURPOSE This policy establishes guidelines for the solicitation of private funding and the coordination of engagement activity with alumni, donors, parents and friends. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. All fundraising efforts undertaken on behalf of the university and its programs may occur only through the approval of the vice president of university advancement and, when related to athletics fundraising, the senior vice president of administration and finance as authorized by the president of the university. No other fundraising activities in support of the university are sanctioned by the institution. 3. DEFINITIONS Private Fundraising Engagement Activity Advancement System of Record JMU Foundation (JMUF): University Advancement Referenced in the policy and procedures below are three of UA's four units. The Office of Development oversees solicitation efforts. The Office of Constituent Relations oversees engagement activities. The Office of Advancement Information Services oversees the system of record and the recording and reporting of information in support of these efforts and activities. Athletics Development Fundraising Inventory 4. APPLICABILITY The policy applies to all faculty, staff, friends, affiliates, and programs of the university and the JMU Foundation. Students and/or student organizations fall under this policy when they engage in activities that involve (a) contact with the university's alumni, friends and/or donors for making a broad-based fundraising appeals or (b) the solicitation of individuals or businesses for gifts that total $1,000 or more. All other fundraising-related matters involving students are guided by the university's Student Handbook, including, but not limited to policy J36-100. For the purposes of this policy for students, "contacts" is defined as mail, electronic and in-person communication. This policy also applies to university employees, departments or programs wishing to procure technology that includes solicitation or gift/donation software and/or to hire staff or procure consulting services designed to aid in the cultivation of potential donors and/or the solicitation of private gifts. 5. POLICY The good will of alumni and friends and the financial support from donors are resources of the university. The division of university advancement is responsible for managing these resources. To coordinate and foster mutually beneficial partnerships with colleges, departments and programs, UA is granted oversight of the following activities:
All faculty, staff, students and affiliates of the university wishing to foster relationships with donors or donor prospects and/or raise private gift funds for programs or areas at JMU are required to work within approved plans and guidelines through the Division of University Advancement. Athletics Development reports to the senior vice president for administration and finance. The president has granted to Athletics Development the authority to develop plans specific to the cultivation and solicitation of donors for athletics programs. In compliance with this policy, Athletics Development will coordinate those plans with University Advancement before implementing them. 6. PROCEDURES 6.1 Procedures for Faculty and Staff: 6.1.1 Approval from Deans: Faculty and staff must discuss requests that will require private funding with department heads and deans for initial approval and inclusion within the college's annual fundraising inventory. 6.1.2 Development Office Review: Plans must be reviewed with the development office before discussions with a prospect and before preparing a formal written request for funding. 6.1.3 Collaboration and Approvals: The development office will work closely with the initiator of the request and is responsible for the final approval of all solicitation efforts including all fund raising materials, the timing of solicitations and the list of those to be solicited. 6.1.4 Submission of Fundraising Inventory: Private fundraising requests should include reasons for the funds, the amount of the request needed, and, where applicable, names of individuals or groups to be cultivated as decided in consultation with the Development Office. 6.2 Alumni and Donor Records 6.2.1 Transmittal of Gifts: All gifts to James Madison University must be made payable to the James Madison University Foundation. However, these gifts should be mailed and/or directed to The Office of Advancement Gifts and Records (AGR). Colleges, academic units or administrative offices must direct all gifts of monetary value be transmitted to AGR. Original correspondence associated with that gift must be included with the transmittal. 6.2.2 Acceptance of Gifts-in-Kind: Colleges, academic units or administrative offices that are considering gifts-in-kind of major value, an amount equal to or greater than $5,000, must notify the Office of Development before making commitments with the donor. 6.2.3 Receipt of Gifts: AGR maintains the official record of donors and charitable donations to the university; AGR also receipts all gifts to the university. Once processed, AGR forwards the gift to the JMU Foundation for deposit and accounting to the general ledger. All records are kept strictly confidential. Donor anonymity will be protected whenever desired by the donor. 6.2.4 Stewardship of Donors by Faculty and Staff: In addition to the formal gift receipt sent by AGR, academic units are also encouraged to thank donors. 6.2.5 System of Record:. Departments and affiliates of JMU that collect information on their alumni are required under this policy to share that information with the university's system of record by contacting the office of Quality Assurance (http://www.jmu.edu/ais/qa/). 6.3 Procurement of Technology or Services 6.3.1 Submission of proposals to acquire software that includes modules or components for recording and receipting of gifts, recognizing donors or managing the solicitation of donations must be reviewed by and coordinated with University Advancement prior to any contract award by procurement. 6.3.2 Submission of budget initiatives to hire staff or services designed to aid in the planning and/or implementation of solicitation strategies must be reviewed and approved by University Advancement before contracts can be finalized. 7. RESPONSIBILITIES 7.1 The Division of University Advancement holds primary responsibility for establishing policies, developing operational guidelines, and managing fundraising activities to meet institutional goals as approved or authorized by the president. Responsibility for implementation of policies and procedures is shared with the divisional vice presidents. 7.2 Acceptance of a gift imposes a legal obligation to comply with the terms established by the donor. Each university division holds responsibility to review the terms of gifts with restrictions designated to that division prior to its acceptance to ensure that it does not hamper the usefulness and desirability of the gift to JMU. If the gift is appropriate, the Development Office will recommend its acceptance to the gift acceptance committee. 7.3 In cases where a department within the university identifies a specific major-gift fundraising project, the department head is responsible for receiving approval from her/his dean or unit-head and senior vice president. Once approved the respective senior vice president forwards the approved requests to the vice president for University Advancement. A fundraising inventory will be developed and updated periodically for each college or major area and shared with the president. 7.4 All individuals, department heads, deans and directors are encouraged to provide support in the identification, cultivation and solicitation of prospects in consultation with the Development Office. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS The vice president for university advancement will review other requests for exclusion in consideration with the respective vice president and the president. The vice president may delegate operational authority for fundraising to another university division, unit, or department. 10. INTERPRETATION Authority to interpret and apply this policy rests with the president and is generally delegated to the vice president for university advancement. Previous version: July, 2005 Index Terms Advancement |
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| 1214 | University Information Technology Security Program | November 2013 | 1. PURPOSE James Madison University has a highly complex and resource rich information technology environment upon which there is increasing reliance to provide mission-critical academic, instructional and administrative functions. Safeguarding the institution's computing assets in the face of growing security threats is a significant challenge requiring a strong, persistent and coordinated program that leverages widely accepted, effective security practices appropriate for the higher education environment. This policy states the codes of practice with which the university aligns its information technology security program. The Commonwealth of Virginia Restructured Higher Education Financial and Administrative Operations Act of 2005 grants institutions additional authority over financial and administrative operations, on condition that certain commitments to the Commonwealth are met. Chapters 824 and 829 of the 2008 Virginia Acts of the Assembly and JMU's Memorandum of Understanding with the Commonwealth provides full delegated responsibility for management of the institution's information technology security activities. This delegation includes the authority to conduct these activities in accordance with industry best practices appropriately tailored for the specific circumstances of the university, in lieu of following Commonwealth-determined specifications. This policy documents the industry best practices with which the university will align its security activities. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The board has delegated the authority to manage the university to the president. 3. DEFINITIONS None 4. APPLICABILITY This policy applies to the management of all university computing assets. 5. POLICY The university's information technology security program will be based upon best practices recommended in the "Code of Practice for Information Security Management" published by the International Organization for Standardization and the International Electrotechnical Commission (ISO/IEC 27002:2005),appropriately tailored to the specific circumstances of the university. The program will also incorporate security requirements of applicable regulations, such as the Family Educational Rights and Privacy Act, Gramm-Leach-Bliley Act, and the Health Insurance Portability and Accountability Act. Professional organizations, such as the national EDUCAUSE association and the Virginia Alliance for Secure Computing and Networking, will serve as resources for additional effective security practices. 6. PROCEDURES 6.1 The ISO/IEC 27002:2005 Code of Practice and other sources noted in the policy statement will be used to guide development and ongoing enhancement of additional information technology security policies as needed. All policies governing information technology security can be found at the web site http://www.jmu.edu/computing/policy 6.2 For more information related to this policy, refer to the following: "Code of Practice for Information Security Management" (ISO/IEC 27002:2005). This international standard defines guidelines and general principles for the effective management of information security within an organization. It is a risk-based framework widely used to guide establishment of security standards and management practices. EDUCAUSE is a nonprofit association dedicated to the advancement of higher education through the effective use of information technology. Members include representatives from institutions of higher education, higher education technology companies and other related organizations. International Organization for Standards (ISO). The world's largest developer of standards, the organization is made up of representatives from governmental and private sector standard bodies, e.g. the American National Standards Institute. International Electrotechnical Commission (IEC). The IEC is a global organization that develops and publishes standards addressing electrical, electronic and related technologies. Membership comes from government, the private sector, consumer groups, professional associations and others. Virginia Alliance for Secure Computing and Networking (VA SCAN). VA SCAN was formed to help strengthen information technology security programs within Virginia. The alliance was organized and is operated by security practitioners and researchers from several Virginia higher education institutions, including JMU. 7. RESPONSIBILITIES Information Technology is responsible for the security of computing assets. 8. SANCTIONS None 9. EXCLUSIONS None 10. INTERPRETATION The authority to interpret this policy rests with the president and is generally delegated to the assistant vice president for information technology. Previous version: May, 2011 Approved by the President: September, 2008 Index Terms IT Security |
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| 1212 | Information Technology Infrastructure, Architecture and Ongoing Operations | June 2011 | 1. PURPOSE It is critically important that James Madison University's information technology (IT) infrastructure, architecture and ongoing operations support the mission of the institution. To help ensure this need is met, decisions affecting these areas must reflect standards, guidelines and practices found to be effective in the higher education environment. This policy establishes the nationally recognized codes of practice with which the university aligns its IT infrastructure, architecture and ongoing operations. The Commonwealth of Virginia Restructured Higher Education Financial and Administrative Operations Act of 2005 grants institutions additional authority over financial and administrative operations, on condition that certain commitments to the Commonwealth are met. Chapters 824 and 829 of the 2008 Virginia Acts of the Assembly and JMU's Memorandum of Understanding with the Commonwealth provide full delegated responsibility for management of the institution's information technology infrastructure, architecture and ongoing operations. This delegation includes the authority to conduct these activities in accordance with industry best practices appropriately tailored for the specific circumstances of the university, in lieu of following Commonwealth-determined specifications. This policy documents the industry best practices with which the university will align its infrastructure, architecture and ongoing operations. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 12-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president. 3. DEFINITIONS None 4. APPLICABILITY This policy applies to all campus systems and operations related to the conceptualization, design, acquisition and maintenance of information technology. 5. POLICY The university will maintain a list of specific standards and guidelines that should influence decisions affecting key components of its IT infrastructure, architecture and operations. These standards and guidelines will align with industry best practices as described by EDUCAUSE, Internet2 and others within higher education, as well as those from selected technology industries. It is not the intent of this guidance to in any way inhibit research or other institutional endeavors that by their nature may require the use of cutting-edge technology not yet appropriate for normal use. The guidance is descriptive rather than prescriptive to achieve flexibility where needed. The ultimate goal is to create logical relationships between information technology resources and the mission of the university and its units. This policy applies to all university information technology, whether owned and operated by the university or used for university business through contractual arrangements. 6. PROCEDURES 6.1 An overview of the framework for infrastructure, architecture and ongoing operations, along with the standards and guidelines shall be posted at the website http://www.jmu.edu/computing/[policy/. 6.2 For more information regarding the management of technology infrastructure, please refer to the following sources: The Campus Cyberinfrastructure Working Group of Net@EDU helps educational institutions develop institutional strategies and plan their resource deployment in this emerging and evolving technological landscape and helps their users harness and optimize the power and capabilities of new integrated IT tools and systems for educational and research applications in higher education. EDUCAUSE is a nonprofit association whose mission is to advance higher education by promoting the intelligent use of information technology. Internet2 develops and deploys advanced network applications and technologies for research and higher education, accelerating the creation of tomorrow's Internet. The National LambdaRail develops and deploys a fiber optic network infrastructure for the purpose of advancing research, clinical and educational goals. The Postsecondary Electronic Standards Council is a non-profit association of colleges and universities; professional and commercial organizations; data, software and service providers; and state and federal government agencies. 7. RESPONSIBILITIES Information technology is responsible for the oversight and effective management of this policy. 8. SANCTIONS None 9. EXCLUSIONS None 10. INTERPRETATION Authority to interpret this policy rests with the president and is generally delegated to the assistant vice president for information technology. Previous version: August, 2009 Index Terms Infrastructure |
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| 1325 | Wage Employment | April 2014 | 1. PURPOSE STATE OR FEDERAL STATUTE AND/OR REGULATION Wage employees are not covered by the Virginia Personnel Act provided in section 2.2-2905 of the Code of Virginia. See Code of Virginia § 23-38.114 and the Restructured Higher Education Act (Chapter 4.10 of Title 23 of the Code of Virginia), as well as IRS code section § 4980H, Notice 2011-36. 3. DEFINITIONS Stability Period Standard Measurement Period Wage Employment 5. POLICY Newly hired or rehired (separated for more than one year) wage employees shall be subject to a criminal background check in accordance with Policy 1321-Criminal Background Check. Wage employees are expected to satisfactorily perform all assigned duties. While wage employees are not subject to formal performance evaluations, managers and supervisors will monitor wage employee performance and provide informal performance evaluation and coaching as needed. 6. PROCEDURES 6.1 All newly hired and rehired wage employees must be cleared for hire upon review of the Onboard Request form prior to their first day of employment. Example: If an employee works two wage jobs at the university, s/he may only work a total of 1,500 hours in both jobs combined – 500 hours in one job and 1,000 hours in the other job. In addition, wage employees may not exceed an average of 29 hours per week on average over the 12-month period May 1- April 30. Supervisors may allow wage employees to temporarily exceed the 29 hour limit provided this exception is planned for and approved by Human Resources. 6.3 All wage employees effective May 1, 2013 will have wage employee work hours counted on a 12-month basis, May 1 - April 30. 6.4 Wage employees may only remain active employees of record during the period of actual wage employment. Wage employees should not remain active in the Human Resources Management System (HRMS), and therefore retain any rights and privileges of active wage employees, for more than 60 days or four pay periods (whichever is greater) without having any hours worked entered into the payroll system. Exceptions to this are foreign language interpreters and part-time special event public safety officers. Such interpreters and officers who do not work in the prior 60-day period would be allowed active access to the HRMS. 6.5 On a monthly basis, Human Resources will notify supervisors of wage employees who have not worked any hours in the preceding 60-day period and who have been terminated from their wage position. Procedures in Policy 1314-Transfer or Separation from Employment will be followed. Wage employees shall be paid only for actual hours worked. Wage employees may file internal complaints alleging discrimination and harassment with the Office of Equal Opportunity in accordance with Policy 1324-Discrimination and Harassment. They also have access to the State Employees' Discrimination Complaint procedures administered by the Office of Equal Employment Services of the Department of Human Resources Management. Mediation is also available to wage employees. Human Resources will monitor the hours of wage employees and will assist supervisors with management of hours. Human Resources will notify hiring supervisors when their wage employee(s) have reached 1,200 hours within the measurement period. The director of the Office of Equal Opportunity is the individual designated by the university to coordinate the institution's compliance with Title IX and oversees the university's process for receiving, investigating, and processing complaints under Policy 1324-Discrimination and Harassment. 8. SANCTIONS |
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| 2204 | Policy for Institutional Biosafety | May 1998 | THIS POLICY IS CURRENTLY UNDER REVIEW INTRODUCTION James Madison University recognizes the importance of conducting a broad spectrum of original problem-solving research which requires the use of recombinant DNA technology. Cognizant that these activities may be accompanied by some risks, the University requires that the activities by this policy be reviewed and approved by an Institutional Biosafety Committee (IBC) to ensure that it is conducted in accordance with the National Institutes of Health Guidelines For Research Involving Recombinant DNA Molecules as published in the Federal Register on 7/5/1995. This policy is in full compliance with the applicable federal and state laws and regulations. In addition, adherence to this policy shall not exempt investigators employing recombinant DNA molecules in their research from compliance with other applicable laws, regulations or policies (e.g. research with human subjects or research with animals). APPLICABILITY This policy is applicable to all recombinant DNA research which is conducted at or sponsored by or under the aegis of James Madison University. No activity involving the construction or handling of recombinant DNA molecules or organisms and viruses containing recombinant DNA molecules shall be initiated without the prior notification, and if necessary, review and approval, of the James Madison University Institutional Biosafety Committee. DEFINITION OF RECOMBINANT DNA MOLECULES In the context of this policy and in accordance with the NIH Guidelines (section IB), recombinant DNA molecules are defined as either (i) molecules which are constructed outside living cells by joining natural or synthetic DNA segments to DNA molecules that can replicate in a living cell, or (ii) DNA molecules that result from the replication of those described in (i). Synthetic DNA segments likely to yield a potentially harmful polynucleotide or polypeptide (e.g., a toxin or pharmacologically active agent) shall be considered as equivalent to their natural DNA counterpart. If the synthetic DNA segment is not expressed in vivo as a biologically active polynucleotide of polypeptide product, it is exempt from this policy. INSTITUTIONAL BIOSAFETY COMMITTEE An institutional Biosafety Committee (IBC) comprised of the University faculty and staff and two outside community members appointed by the Vice President for Academic Affairs shall fulfill the responsibilities described in the National Institutes of Health Guidelines for Research Involving Recombinant DNA Molecules. The Chair shall be elected by the committee members. A. Committee Membership See Institutional BioSafety Committee Requirements at the following URL; http://www4.od.nih.gov/oba/rac/guidelines_02/NIH_Guidelines_Apr_02.htm#_Toc7261582 The IBC members shall be selected so that they collectively have experience and expertise in recombinant DNA technology and the capability to assess the safety of recombinant DNA research experiments and any potential risk to public health or the environment. At least two members shall not be affiliated with James Madison University (apart from membership on the IBC) and shall represent the interest of the community area with respect to the health and protection of the environment. When possible, there shall be at least one member from each department/unit conducting recombinant DNA research. The Associate Vice President for Research and Program Innovation and the Director of Sponsored Programs shall also be members. B. Meetings The IBC shall meet as needed, but at least once per year. A schedule of meetings shall be publicly posted. Meetings will be open to the public whenever possible, consistent with protection of privacy and proprietary interests. A quorum for conducting business shall consist of two-thirds of current members except that at least one member not affiliated with James Madison University apart from serving in the IBC must be present. The meetings will follow recognized parliamentary procedure. C. Reports The IBC will report annually to the University community concerning the performance of its assigned functions as described in Section VII B below. EXPERIMENTAL CLASSES AND PROCEDURES The different classes of experiments and particular constraints applying to each (e.g., containment requirements) are found in Section III of the NIH Guidelines for Research Involving Recombinant DNA Molecules. As these regulations are modified by subsequent agency action, those modifications shall be incorporated into this policy. A summary description of each class of experiment and the associated required procedures are outlined in the following subsections. Experiments which require specific Recombinant DNA Advisory Committee (RAC) review and National Institutes of Health (NIH) and IBC approval before initiation of the experiment. Experiments in this class cannot be initiated without submission of relevant information on the proposed experiment to NIH, the publication of the proposal in the Federal Register for thirty (30) days of comment, review by the RAC, and specific approval by the NIH. Definitions and examples are presented in III A and B of the NIH Guidelines. Experiments which require IBC approval before initiation of the experiments. Experiments in this class require submission of relevant information to the IBC for review and approval must be obtained prior to initiation of the experiments. Definitions and examples are presented in III C of the NIH Guidelines. Experiments which require IBC notification before initiation of the experiment. Experiments in this class require submission of relevant information to the IBC prior to initiation of the experiments. Definitions and examples are presented in Section III D of the NIH Guidelines. Approval by the IBC is not required UNLESS the IBC determines the investigator has incorrectly classified the experiments. FORMS AND PROCEDURES Each investigator using recombinant DNA molecules in his/her research is required to complete a "Registration Document for Recombinant DNA Research" form for each project (or proposed project) involving recombinant DNA being conducted. This form must be completed and approved by the IBC to receive certification for external funding proposals. However, all projects/activities involving recombinant DNA, whether they are part of a grant proposal or not, must be submitted to the IBC. An "Annual Renewal" form must also be completed for each project. These forms are available from the IBC and are attached as an appendix to this document. FUNCTIONS OF THE IBC A. On behalf of James Madison University, the IBC shall review all proposals to assure compliance with NIH guidelines and University policy on biosafety. B. On behalf of James Madison University, the IBC shall conduct periodic self-studies of the effectiveness of University policy on biosafety and the implementation procedures, reporting the results to the Vice President of Academic Affairs and recommending any needed revisions. This will involve responsibility for: 1. Reviewing the containment levels of experiments; 2. Reporting within 30 days to the Energy and Environmental Awareness Committee and the Office of Sponsored Programs identified with or violations of the guidelines and research-related accidents or illnesses; the IBC along with the Director for Sponsored Programs, under the direction of the Associate Vice President for Research and Program Innovation, has responsibility for communication with external sponsoring and monitoring agencies; 3. Making recommendations to the Energy and Environmental Awareness Committee and Director for Sponsored Programs concerning applications for exemptions within 30 days of their submission, subject to approval Associate Vice President for Research and Program Innovation. 4. Participating with the Energy and Environmental Awareness Committee in the development of emergency plans to deal with accidental spills and personnel contamination resulting from research; 5. Ensuring through periodic inspections that laboratory standards are rigorously followed; 6. Assessing the training in expertise of recombinant DNA personnel in notifying principal investigators and the University community of the results of the assessments. The Chair of the IBC will maintain the files of all the paperwork relating to the Committee; copies of all records will also be on file in the Sponsored Programs Office. INVESTIGATOR RESPONSIBILITIES The Principal Investigator is responsible for reviewing this policy and complying with its requirements. Specifically, he/she will: a. file a "Registration Document for Research Involving Recombinant DNA" and an "Annual Renewal" form for each project and meet all the requirements of the NIH Guidelines; b. make available to laboratory staff copies of protocols that describe potential biohazards and the precautions to be taken; c. provide appropriate instruction and training in practices and techniques necessary to ensure laboratory safety; d. supervise the laboratory staff to ensure that appropriate safety techniques and procedures are employed; e. report in writing to the IBC any significant problems pertaining to the operation and implementation of containment practices and procedures; f. submit applications for external funding of recombinant DNA research to the IBC prior to transmittal for external funding. REGISTRATION DOCUMENT FOR RESEARCH INVOLVING RECOMBINANT DNA James Madison University Institutional Biosafety Committee This form must be submitted for all research involving recombinant DNA molecules. Renewal of approval for each project is required every 12 months. In this document Guidelines refers to Guidelines for Research Involving Recombinant DNA Molecules (NIH Guidelines, June 1994), as published in the Federal Register 7/5/94, 8/5/94. General Registration Information 1. Principal Investigator: 2. Department: 3. Phone: 4. Building and room number(s) where research is to be conducted: 5. Project title: 6. Project start date: 7. If part of grant proposal, list agency, grant title: (if pending, list requested funding dates; if funded, list number and funding dates) 8. Does this project contain proprietary information?: If yes, please describe. Class of Experiments Involving Recombinant DNA and Containment Levels 1. Which class of the Guidelines for covered experiments apply to the proposed experiments (see section III of the Guidelines). Check which one applies: ____ III-A. Experiments that require RAC, NIH, and IBC approval before initiation. If class III-A is checked, see items III-A-1 through III-A-4 in the Guidelines, indicate all those that apply, and explain on a separate sheet. ____ III-B. Experiments that require IBC approval before initiation (see items III-B-1 through III-B-5 in the Guidelines). Check all that apply to III-B and explain in detail each check on a separate page. ____ a. Use of other than a class 1 agent as host-vector system. State class ____ b. A viral vector (other than class 1) will be used: Will less than 2/3 of a genome be used? Yes No With helper virus? Yes No May your experiment enhance pathogenicity (e.g. insertion of oncogene, extend host range)? Yes No ____ c. Whole animals or plants will be used as host. ____ d. Experiments will involve more than 10 liters of culture. ____ e. An attempt will be made to obtain expression of a foreign gene. ____ III-C. Experiments that require IBC notice simultaneously with initiation of experiments (experiments not included in III-A, III-B, and III-D). ____ III-D.Exempt experiments (see items III-D-1 through III-D-5 in the Guidelines). 2. Which physical containment level applies to this proposal (Appendix G, section II in the Guidelines)? Circle one: BL-1 BL-2 BL-3 3. Describe the rationale for selecting class and containment levels chosen and cite appropriate sections of the Guidelines. Description of Recombinant DNA Experiments Please answer in detail each of the questions listed below. Use additional sheets if necessary. 1. Summary of project (1 or 2 paragraphs). Include purpose for which recombinant DNA will be used in the project and briefly describe the range of techniques to be employed. Please define any acronyms and abbreviations. 2. Host strain(s) used, including genus, species, parent strains, and class of each agent. 3. Vectors to be used. Include source. 4. Source and nature of inserted DNA sequences. Include size, gene name(s) and function of gene(s), and sequence(s), if known. ANNUAL RENEWAL FORM FOR PROJECTS INVOLVING RECOMBINANT DNA James Madison University Institutional Biosafety Committee (Please fill out a separate form for each project.) Principal Investigator: Department: Phone Number: Project Number: Project Title: Funding agency(ies) 1. Current status (check one) ____ Initiated Date ________________ Expected completion date_________ ____ Will be initiated Date_________________ ____ Continuing ____ Will not be initiated or will be discontinued ____ Completed Date_________________ 2. This project is being conducted as originally submitted, or all amendments to this proposal have been previously approved. ____ Yes ____ No If amendments are being proposed , please describe on a separate sheet. Upon review, the Principal Investigator may be requested to complete a new proposal. If containment level or class has changed, please submit a new proposal. __________________________________ _________________ (Signature of Principal Investigator) (Date) Received and approved by the Institutional Biosafety Committee __________________________________ _________________ (Signature of Chairperson of Institutional Biosafety Committee) (Date) REGISTRATION DOCUMENT FOR RESEARCH INVOLVING INFECTIOUS AGENTS James Madison University Institutional Biosafety Committee In addition to overseeing the use of recombinant DNA technology the Institutional Biosafety Committee (IBC) of James Madison University also oversees the use of infectious agents in biological research. To ensure the proper and safe usage of such agents in teaching and research laboratories at the University, all investigators are required to abide by the regulations and procedures described in Biosafety in Microbiological and Biomedical Laboratories published by the U.S. Department of Health and Human Services (May 1993). In order to monitor activities involving infectious agents, this form must be submitted by all instructors and primary investigators employing infectious agents in their research. It should be updated when any changes occur and at the very least be updated annually. Those investigators who have provided all the information regarding infectious agents on the "Registration Document for Research Involving Recombinant DNA" need not complete this form. General Registration Information 1. Principal Investigator: 2. Department: 3. Phone: 4. Building and room number(s) where research is to be conducted: 5. Project title: 6. Project start date: 7. If part of grant proposal, list agency, grant title: (if pending, list requested funding dates; if funded, list number and funding dates) 8. Does this project contain proprietary information?: If yes, please describe. Description of Activities Employing Infectious Agents Describe in detail; (a) the nature and goals of the project, (b) the basic procedures employed, (c) each of the infectious agents used (including full name, source, genotype, pathogenicity, antibiotic resistance pattern), (d) the biosafety level chosen and the rationale for choosing this level. Agreement Sheet I agree to abide by the regulations and procedures described in the CDC/NIH publication Biosafety in Microbiological and Biomedical Laboratories published by the U.S. Department of Health and Human Services (May, 1993). __________________________________ _________________ (Signature of Principal Investigator) (Date) ____ Received and reviewed by the Institutional Biosafety Committee __________________________________ _________________ (Signature of Chairperson of Institutional Biosafety Committee) (Date) Approval Sheet I agree to abide by the Guidelines for Research Involving Infectious Agents (NIH Guidelines) as published in the Federal Register 7/5/1994 in conducting all work using infectious agents. __________________________________ _________________ (Signature of Principal Investigator) (Date) ____Received and reviewed by the Institutional Biosafety Committee ____Approved ____Approval not required __________________________________ _________________ (Signature of Chairperson of Institutional Biosafety Committee) (Date) Approval Sheet I agree to abide by the Guidelines for Research Involving Recombinant DNA Molecules (NIH Guidelines) as published in the Federal Register 7/5/1994 in conducting all work using recombinant DNA molecules. __________________________________ _________________ (Signature of Principal Investigator) (Date) ____ Received and reviewed by the Institutional Biosafety Committee ____ Approved ____ Approval not required __________________________________ _________________ (Signature of Chairperson of Institutional Biosafety Committee) (Date) ANNUAL RENEWAL FORM FOR PROJECTS INVOLVING INFECTIOUS AGENTS James Madison University Institutional Biosafety Committee (Please fill out a separate form for each project.) Principal Investigator: Department: Phone Number: Project Number: Project Title: Funding agency(ies) 1. Current status (check one) ____ Initiated Date ________________ Expected completion date_________ ____ Will be initiated Date_________________ ____ Continuing ____ Will not be initiated or will be discontinued ____ Completed Date_________________ 2. This project is being conducted as originally submitted, or all amendments to this proposal have been previously approved. ____ Yes ____ No If amendments are being proposed , please describe on a separate sheet. Upon review, the Principal Investigator may be requested to complete a new proposal. If containment level or class has changed, please submit a new proposal. __________________________________ _________________ (Signature of Principal Investigator) (Date) Received and approved by the Institutional Biosafety Committee __________________________________ _________________ (Signature of Chairperson of Institutional Biosafety Committee) (Date) Approved May 1, 1998 by Linwood H. Rose, President |
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| 4305 | Recycling | March 2012 | 1. PURPOSE This policy sets the parameters for James Madison University's commitment to effective environmental management through recycling. 2. AUTHORITY In 1990, legislation was passed in the Commonwealth of Virginia mandating that all state agencies establish programs for the collection of all recyclable material. 3. DEFINITIONS Recycling: Recyclable Materials:
4. APPLICABILITY This policy applies to all JMU employees and students. 5. POLICY Offices at JMU are strongly encouraged to recycle all possible materials. In addition, the university will procure recycled materials whenever economically feasible. Members of the JMU community are permitted to bring recyclable material to campus if no program exists in their community. Please contact the recycling office at 568-8144 or 830-0177 to ensure proper handling of the material before bringing anything on to campus property. It is not permitted to bring any non-recyclable trash to JMU's campus for any reason. 6. PROCEDURES Designated recycling collection points have been established in each building. Individual staff members will separate and transport their recyclables to these locations. These materials will then be collected and transported to the recycling center. 7. RESPONSIBILITIES The Office of Recycling/Integrated Waste Management is responsible for the following:
The recycling manager will meet with building coordinators on an as-needed basis as determined by the recycling manager to discuss the following:
University employees, in conjunction with specific housekeeping and recycling personnel, will collect and transport their recyclable materials to the established collection point for each office. 8. SANCTIONS None 9. EXCLUSIONS None 10. INTERPRETATION The authority to interpret this policy rests with the president and is generally delegated to the Associate Vice President for Business Services. Previous version: November, 2008 Index Terms |
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| 1107 | Intellectual Property | December 2002 | 1. PURPOSE
2. AUTHORITY 3. DEFINITIONS
This assignment, however, does not preclude the sharing of royalties or other payments with the employee in accordance with this policy. 4. APPLICABILITY 5. POLICY
6. PROCEDURES
7. RESPONSIBILITIES
8. SANCTIONS 9. EXCLUSIONS 10. INTERPRETATION Approved: December 31, 2002 Linwood H. Rose, President INDEX TERMS: Copyright Patent Intellectual Property Licensing Technology Transfer Inventions Discoveries Research SAMPLE FORM FOLLOWS JAMES MADISON UNIVERSITY INTELLECTUAL PROPERTY DISCLOSURE NOTIFICATION for Copyrighted works NOTE: INVENTION DISCLOSURES ARE CONSIDERED CONFIDENTIAL AND PRIVILEGED INFORMATION. EXCEPT FOR INDIVIDUALS ENGAGED IN THE EVALUATION AND APPROVAL PROCESS, THE INFORMATION WILL NOT BE DIVULGED TO OTHERS WITHOUT THE PERMISSION OF THE CREATOR(S). 1. Title of the Copyrighted work:____________________________________________________________ Type of Copyrighted work: Software; _____Book;_____Article; _____Video; _____Film; _____Other (Describe)__________________________________________________ ____________________________________________________________ I. List of originators (writers or other creators) Originator: __________________________________________ Percentage of contribution: ________% Department: Phone: Email: Signature Date: Department Head or Director Signature: Date: Originator: __________________________________________ Percentage of contribution: ________% Department: Phone: Email: Signature Date: Department Head or Director Signature: Date: Originator: __________________________________________ Percentage of contribution: ________% Department: Phone: Email: Signature Date: Department Head or Director Signature: Date: II. SPONSORSHIP INFORMATION A. Was the labor that led to this work undertaken as part of a sponsored project: _____Yes _____No If no, please move to Section II.E. If yes, complete the appropriate blanks below. B. Provide name and signature of Principal Investigator (if sponsored project funding was involved in development of the work) Name: Title: Signature: Date: C. JMU Grant or Project Number _________________________________ Name of Sponsoring Agency or Company ____________________________________________________________ Grant or Contract Period. D. As far as you know, does the sponsor have any prior claims to the work? (_____Yes _____No) If yes, please indicate the nature of these commitments. ____________________________________________________________ ____________________________________________________________ E. Were University facilities, equipment, materials, funds, information, or the time or services of other University employees used in the production of the work? _____Yes _____No If yes, please indicate the nature of these contributions. ____________________________________________________________ ____________________________________________________________ What is the estimated value of these contributions?____________________________________________ F. Do you consider that this work resulted from your normal work activities? (_____Yes _____No) III. DESCRIPTION (Attach separate documents if needed) Please provide a description of the work you are submitting. Your description should describe:
JAMES MADISON UNIVERSITY INTELLECTUAL PROPERTY DISCLOSURE NOTIFICATION for Inventions and Discoveries Invention and Intellectual Property disclosures are considered confidential and privileged information, except for individuals engaged in the evaluation and approval process. The information will not be divulged to others without the permission of the creator(s). Title of the Invention or Discovery: |
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| 1320 | Providing and Obtaining Employment Reference Information | April 2011 | 1. PURPOSE The purpose of this policy is to outline the procedures for obtaining as well as providing employment-related reference information at James Madison University, and to establish the university's commitment to open, truthful, job-related reference information sharing. 2. AUTHORITY The Board of Visitors has the authority to determine policy concerning the employment of individuals at the university. Where the board has not enacted rules, the authority is delegated to the President. In addition, this policy is written in conjunction with JMU Policy 1313 Recruiting, Selecting & Hiring Classified and Wage (non-student/part-time) Positions and under the authority of the Virginia Department of Human Resource Management Policy 2.10 on hiring. 3. DEFINITIONS Hiring Manager Reference Check 4. APPLICABILITY This policy applies to all persons at JMU as they provide reference information, including information on former and current faculty and staff. It also applies to all those employees, including hiring managers and members of search committees, who are gathering reference information on potential job candidates, including those candidates who are currently JMU faculty or staff. 5. POLICY The process of gathering complete, job-related reference information is a required part of the recruiting and hiring process at JMU because it supports the university's commitment to maintaining an effective workforce. In addition, the university will recruit and hire employees in accordance with federal and state law and university policies. To comply with these policies, to ensure that employment practices are effective, and to provide equal employment opportunity, the following procedures must be observed when involved in obtaining or providing reference information. 6. PROCEDURES 6.1 Obtaining Reference Information At least three job-related references must be completed before any employment offer is made. All rehired employees with a break in service of more than one year are required to have one reference completed prior to being rehired. This reference may be provided by a former JMU supervisor who is familiar with the employee's work performance. Re-hired employees with a break in service of less than one year will also be required to have one reference completed if no references are on file. References may be obtained in any one of a variety of formats including face-to-face, telephone, e-mail, etc. Personal references may be contacted if the applicant has limited work experience. However, it is important to note that personal references are often not helpful in determining a candidate's ability to perform job-related tasks or functions.
The staff application and faculty profile found in JMU JobLink contain a release statement by which applicants consent to verification of the information provided in the application. The application also contains a release statement by which applicants grant the university permission to contact their current and former employers. If permission is not given, the current employer may not be contacted. However, when the hiring manager is conducting final references, he/she may inform the candidate that the inability to contact the current supervisor could affect the selection decision or result in a contingent offer of employment. Please note that the above provisions do not limit the hiring manager to only contacting the references listed on the application itself. When conducting reference checks, questions should be phrased in a manner that will solicit objective and job-related information only. Any information supplied that is not directly job-related shall be disregarded and not considered in making a selection decision. The objective of the reference check is to gather information that is open, truthful (or documented) and job-related. A sample reference check form can be found on the Human Resources website. 6.2 Providing Reference Information Although there may be risks involved in disclosing full employment reference information, there are also risks in withholding truthful and/or documented job-related information including, but not limited to, performance, attendance and re-hire eligibility. Moreover, the information obtained by prospective employers of former university employees is as crucial to their effective hiring as it is for the university. The university believes that providing reference information represents good faith in being part of a community. For these reasons, managers at JMU may answer all job-related questions when contacted by other businesses and agencies. When a JMU employee is contacted for reference information but does not believe he or she has sufficient information regarding the former employee in question, he or she may refer the caller to Human Resources. During the conversation with the potential employer, only job-related questions may be answered. For instance, one cannot tell a prospective employer what a former employee's 'attitude' was, but observable job-related information may be provided. Examples of job-related information that may be shared include, but are not limited to information, positive or negative, regarding attendance, awards/recognitions, achievements, errors, team/interpersonal behaviors, etc. 6.3 Access to References Information obtained during the reference check process is confidential. According to the Virginia Freedom of Information Act (Code of Virginia, 2.2 - 3800), agencies are not required to share this information with the applicant. All materials will be maintained for the appropriate amount of time. Refer to JMU Policy 1109 Records Management. 7. RESPONSIBILITIES Hiring managers at JMU are required to use all of the information sources available to make effective selection/hiring decisions. These sources include, but are not limited to:
Additionally, positive relationships with other agencies and organizations are crucial to the selection process. Mutual cooperation among employers is critical so that the university may also obtain the information needed to make effective selection decisions. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. In addition, certain legal penalties will apply for violation of law, such as the Virginia Freedom of Information Act. 9. EXCLUSIONS None 10. INTERPRETATION While the authority to interpret this policy is granted to the President, it is generally delegated to the Director of Human Resources. Previous Version: March 2009 Index of Terms Reference checks |
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| 1108 | Internal Controls | October 2013 | 1. PURPOSE This policy provides guidelines for implementation of internal control programs. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president. STATE OR FEDERAL STATUE AND/OR REGULATION The State Comptroller mandates the implementation and annual assessment of agency internal control systems in order to provide reasonable assurance of the integrity of fiscal processes related to the submission of transactions to the Commonwealth's general ledger, submission of financial statement directive materials, compliance with laws and regulations, and stewardship over the Commonwealth's assets. The comptroller further requires that the documentation and assessment of internal controls be conducted in accordance with the state's Agency Risk Management and Internal Control Standards (ARMICS). 3. DEFINITION Internal controls:
Types of internal control activities include:
4. APPLICABILITY This policy applies to critical processes at the university and to all employees of the university. 5. POLICY The university will maintain adequate internal controls. 6. PROCEDURES 6.1 Department heads implement and maintain adequate documentation regarding internal controls for their areas. 6.2 The Finance Office establishes internal control and conducts internal control reviews in accordance with ARMICS to determine whether adequate internal control measures exist to address potential risks in a cost-effective manner. 6.3 The Assistant Vice President for Finance can advise department heads on how to incorporate internal controls into new and revised processes and systems. 7. RESPONSIBILITIES Vice presidents are responsible for ensuring that adequate internal controls are maintained in their respective divisions. Academic unit heads and administrative department heads are primarily for maintaining adequate internal controls in their areas. The Assistant Vice President for Finance establishes internal control policy, develops and publishes procedures, evaluates internal controls annually to determine operating effectiveness and issues a statement concerning internal controls to accompany the university's submission of its financial statements to the Department of Accounts. The Assistant Vice President for Finance also documents the agency's assessment of internal controls in compliance with ARMICS and the related comptroller's directive. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS None 10. INTERPRETATION The authority to interpret this policy rests with the president and is generally delegated to Assistant Vice President for Finance Previous version: February 2011 Index Terms ARMICS |
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| 1505 | Use of University Owned Telephones & Services by University Employees | November 2010 | 1. PURPOSE This policy prescribes procedures for the use of university-owned telephones and services by JMU employees. It is designed to implement applicable policies of the Commonwealth of Virginia. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 12-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president. 3. DEFINITIONS None. 4. APPLICABILITY This policy applies to all employees of James Madison University using university telephones and making data transmissions. 5. POLICY The university telephone system, credit card charges to it, and university-funded cell phones are provided to support and enhance the business operations of the university. 6. PROCEDURES 6.1. Land Line Phones: Personal local calls during business hours are to be kept to a minimum. Personal long-distance calls are discouraged but can be made under extenuating circumstances, in which case the caller is required to reimburse the university for the cost of the call. Employees making personal, non-emergency phone calls are to use a, personal credit card or bill the call to their home telephone. 6.2. Cell Phones: The university will only provide cell phones for shared departmental use. Personal calls from or to a university cell phone are highly discouraged and should only occur for emergency situations. The employee responsible for such personal calls must reimburse the university as mandated by IRS regulations. 6.3. When an employee is required by the university to have internet access from home for work related duties, the employee will be responsible for obtaining the data service personally. The employee will be given a stipend to assist with the expense. 6.4. All university provided cell phones and telecommunications stipends must be approved by the appropriate vice president prior to phone purchase and service contract implementation. 7. RESPONSIBILITIES Departmental managers are responsible for the monthly review of long distance charges, including credit card charges and cell phone usage to assure compliance with this policy. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS None. 10. INTERPRETATION Authority to interpret this policy rests with the President, and is generally delegated to the Associate Vice President forInformation Technology.. Previous Version: January, 2009 Index Terms Personal phone usage |
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| 2112 | Student Privacy | May 2002 |
1. PURPOSE The purpose of this policy is to outline the university's responsibility for compliance with laws concerning access to and privacy of student records and student information. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The board has delegated the authority to manage the university to the president. STATE OR FEDERAL STATUTE AND/OR REGULATION The Family Educational Rights and Privacy Act of 1974 ("FERPA," 20 USC 1232g et. seq.) is a federal law that addresses access to and confidentiality of student education records. The Health Insurance Portability and Accountability Act of 1996 ("HIPAA," 42 U.S.C. 1301 et seq.) is a federal law that addresses protections for personal health information. The Virginia Government Data Collection and Dissemination Practices Act ("Privacy Act," Code of Virginia 2.2-3803(A)) is a state law that addresses the use of personal records held by state agencies. The Virginia Freedom of Information Act ("FOIA," Code of Virginia 42.1-76) is a state law that addresses public access to records maintained by state agencies. The Fair Credit Reporting Act ("FCRA," 15 USC § 1681 et seq.) is a federal law that addresses fair and accurate consumer credit reporting. The Fair and Accurate Credit Transactions Act of 2003 ("FACTA,") amended the FCRA and added requirements concerning protection of consumers from identity theft. The Gramm-Leach-Bliley Act ("GLBA," 15 U.S.C. §6801 et seq.) is a federal law that addresses confidentiality of consumer financial information. 3. DEFINITIONS Consumer Financial Information: Directory Information: Education Records: a. Records of an instructional, supervisory, administrative, and educational nature, maintained by university officials for their personal use only. b. Student employee records. These records may be covered by the Privacy Act. c. Alumni records (generated after a student is no longer enrolled at the institution). d. Student health records. These records are covered by HIPAA. e. Records concerning a student who is deceased. f. Law enforcement records. FACTA: FERPA: FOIA: GLBA: Health Records: HIPAA: Hold: Legitimate Educational Interests: Personally Identifiable Information: Privacy Act: Privacy Flag: School Officials: University Health Care Provider: 4. APPLICABILITY This policy applies to all employees, students and individuals acting on behalf of the university. It applies to all personally identifiable information maintained by the university concerning current or former students. For health records of a student, it applies to any university health care provider who transmits health information about a student in connection with claims, benefit eligibility inquiries, referral authorization requests, or other transactions. 5. POLICY 5.1 Although the university’s records are public documents covered by FOIA which must be disclosed upon request by a citizen of Virginia or a representative of media doing business within Virginia, an exception within FOIA provides that FERPA protects personally identifiable information in student education records. Student health records are protected under HIPAA. Student employment records are protected under the Privacy Act. Student consumer financial information is protected under GLBA and FACTA, and includes protection against identity theft. 5.2 Students have privacy rights in their education records, including: a. The right to inspect and review their own education records, except as noted in 5.3 below. b. The right to challenge (seek correction of) the contents of their own education records, and to have a formal hearing, if necessary, for a fair consideration of such a challenge, and the right to place an explanatory note in their own education record in the event that a challenge of contents is unsuccessful. c. The right to control, with certain exceptions listed in 6.3 below, the disclosure of the contents of education records. This includes the right to place or remove a Privacy Flag on their education records under 6.3.B below. 5.3 The university is not required to permit students access to the following types of information in their own education record: • Financial information submitted by parents. • Confidential letters of recommendation submitted prior to January 1, 1975. • Confidential letters and recommendations on which a student has waived the right of inspection. • Any part of a record pertaining to another student. • Information specifically excluded under FERPA's definition of "education records." 5.4 Under FERPA, employees and officials at the university are prohibited from disclosing personally identifiable information from student education records without the express written consent of the student. However, the university is allowed to release information maintained in education records concerning a student without obtaining the student’s permission in certain limited circumstances outlined in 6.3 below. 5.5 A request for information that does not reveal personally identifiable information concerning any individual student is subject to disclosure under the terms of FOIA. For responses to FOIA requests, see Policy 1103, Responding to External Requests for Information. [link] 5.6 Student health information and student employment records will not be disclosed to individuals or entities outside of the university without the student’s permission. Within the university, only those individuals who have a legitimate need to know the information will be given access to such information. The university will take appropriate steps to secure student health information. 5.7 The university will safeguard student financial information and take appropriate steps to protect students against identity theft. 6. PROCEDURES 6.1 Inspection 6.2 Copies 6.3 Consent A. A student's education records may be released without consent to officials within the university having a "legitimate educational interest" in such information. Access by these officials is restricted only to students for whom they have professional responsibility and only to that portion of the student record necessary for the discharge of assigned duties. B. At its discretion, the university may provide directory information concerning an individual student to anyone, unless the student specifically requests in writing that this information not be released. This request for a Privacy Flag must be submitted in writing to the Office of the Registrar within five days of the first day of classes of each school year. The request for a privacy "flag" may be withdrawn at any time by the student. C. The university may also release personally identifiable information contained in a student's record to: a. Officials of other institutions in which a student seeks to enroll. b. Government officials in connection with the audit and evaluation of federal and state-supported education programs. c. Persons and organizations providing the student with financial aid. d. Persons or organizations conducting research, studies or data collection on behalf of the university for the development of tests, administration of financial aid, or the improvement of instruction. e. Accrediting agencies. f. Parents of dependent students as defined by the United States Internal Revenue Code of 1954. Under Virginia law, the university will release information to parents of dependent students at the parent’s request. Dependency must be established by the student’s signing a dependency form in the Registrar’s Office or by the parent’s providing to the university the most recent year’s federal tax return. g. Appropriate persons in an emergency in order to protect the health and safety of the student or of others. h. Parents of dependent students when the student has received mental health treatment at the health center or counseling center, if in the opinion of the treating health care provider the student is likely to be a danger to himself or others, unless the treating health care provider determines that notification will result in harm to the student, according to the Virginia Privacy Act. i. Courts, agencies or individuals in compliance with a validly issued judicial order or subpoena. In this case, the student will be notified in advance of disclosing the records (generally with two weeks notice), unless the subpoena specifically mandates that no notice be given. j. Parents of a dependent student when the student has violated university rules or criminal laws concerning alcohol or drugs. 6.4 Challenging the Contents Decisions of the hearing panel are final. If decisions of the hearing board are unsatisfactory to students, they may place in the education records their own statement commenting on the information contained in the record and setting forth any reason for disagreeing with the decision of the hearing panel. 6.5 Waivers/permission 6.6 Student Employment Records 6.7 Student Health Records 7. RESPONSIBILITIES 7.1 It is the responsibility of university health providers maintaining student health information to safeguard the privacy of student health records. 7.2 It is the responsibility of university officials maintaining student employment records to safeguard the privacy of those records. It is also the responsibility of these officials to arrange for access by the student to his or her own employment records. 7.3 It is the responsibility of university officials maintaining education records to comply with this policy and safeguard the privacy of student records. It is also the responsibility of these officials to arrange for access by the student to his or her own education records. 7.4 The university offices maintaining education records shall keep a record of all parties obtaining access to the contents of student records (except in case of requests by students for access to their own record; by school officials with legitimate educational interests; by parties with specific written consent of the student; or by parties requesting directory information). This record of requests must identify the person(s) seeking and obtaining information contained in a record, the nature of the information disclosed, the date of the disclosure, and the notice to the student of the disclosure, if any. The record of disclosures is available for inspection by the student identified by the record. James Madison University maintains the following "education records" as defined by FERPA and responsibility for them as listed below.
Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS The following records are not covered by this policy: • Records of an instructional, supervisory, administrative, and educational nature, maintained by university officials for their personal use only. • Alumni records (generated after a student is no longer enrolled at the institution). • Law enforcement records. 10. INTERPRETATION The authority to interpret this policy rests with the President, and is generally delegated to the Vice President for Academic Affairs. Most recent version: May 2002 Consumer financial information |
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| 1109 | Records Management | April 2010 | 1. PURPOSE The purpose of this policy is to authorize a university records management program in accordance with State law and the university's need for proper records management.
2. AUTHORITY 3. DEFINITIONS Records Manager: Private record: Current Records: 4. APPLICABILITY 5. POLICY Public Records are subject to the provisions of the Virginia Public Records Act. In accordance with the Freedom of Information Act, public records are to be made available for public inspection, except those records that are specifically excluded from public disclosure by the Act. See Policy 1103, Responding to External Requests for Information. The public's right of access is also restricted by the Government Data Collection and Dissemination Practices Act when records show personal information on individuals. See Policy 1316, Release of Information From Employee Records. The Family Educational Rights and Privacy Act requires the establishment of a written institutional policy regarding the confidentiality of and access to student educational records. See Policy No. 2112, The Family Educational Rights & Privacy Act. Departments, offices and employees must use the Library of Virginia published standard forms in administering the records management program. 6. PROCEDURES 6.1 Records Retention and Disposition Schedules. General Records Retention and Disposition Schedules ("General Schedules") have been prepared for use by all state agencies by the Library of Virginia. Departments should refer to those General Schedules to determine how long a particular record must be retained before it can be destroyed. Copies of General Schedules are available from the Records Manager, from the JMU Web Site: www.jmu.edu/recordsmgmt or the Library of Virginia Records Management Services Web Site: http://www.lva.lib.va.us/whatwedo/records/sched_state/index.html. 6.2 Destruction and Disposal of Records. State Form RM-3, Certificate of Records Disposal, must be used to obtain permission to destroy records. All departments and offices must contact the Records Manager before destroying any original or institutional files, series of records, or correspondence files. To meet this requirement, the department or office must submit State Form RM-3 to the Records Manager for review. Instructions on filling out Form RM-3 may be obtained from the JMU Web Site: www.jmu.edu/recordsmgmt or the Library of Virginia Records Management Services Web Site: http://www.lva.lib.va.us/whatwedo/records/sched_state/index.html. The Records Manager will review the completed RM-3 for adherence to approved records retention and disposition schedules. The Records Manager will not approve of the destruction if there is pending litigation, audit, investigation, request for records pursuant to the Virginia Freedom of Information Act, or renegotiation of the relevant records retention and disposition schedule pending at the expiration of the retention period for the applicable records series. After approving the form, the Records Manager will notify the department to proceed with the destruction of the records. At the discretion of the Records Manager, records not scheduled for transfer to the university Library but thought to be of possible historical value will be made available to the Records Manager for review prior to being destroyed. Most records can be destroyed simply by throwing the records away or disposing of the records in the university's recycling system. In some cases, however, the records must be destroyed by burning or shredding under the supervision of a university employee. The General Schedules state which records must be destroyed in this manner. Regardless of the method, the department that owns the records must assure that they are destroyed in a proper manner, and that all destructions are reported to the Records Manager, who in turn notifies the Library of Virginia. Records should be filed and arranged by an accepted standard method that allows for determination of when a records series passes from a current status to a semi current or noncurrent status. When possible, semi current records should be retired from working office space and moved to a designated storage area. It is much less expensive to store records for many years than to microfilm them. The State will not allow the microfilming of records merely for convenience. Only records of sufficient administrative, legal, fiscal, and historical value to warrant their permanent preservation will be approved for microfilming. Any department or office which intends to microfilm records must budget for its own filming. The Library of Virginia's Records Management Services Office maintains a large microfilming operation and will submit bids, if requested through the university's Purchasing process. Microfilming of records must be approved by the Records Manager and the Library of Virginia. 7. RESPONSIBILITIES 8. SANCTIONS 9. EXCLUSIONS 10. INTERPRETATION Previous version: July, 2007 Index of Terms |
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| 1324 | Discrimination and Harassment | March 2013 | 1. PURPOSE This policy sets out the university's commitment to providing a workplace and learning environment free from illegal discrimination and harassment. It also provides procedures for university community members and visitors to file internal complaints alleging discrimination or harassment against any employee or affiliate of the university, or against any visitor whose discrimination or harassment interferes with the complainant's workplace or learning environment. Procedures for complaints filed against students can be found in the JMU Student Handbook. 2. AUTHORITY STATE OR FEDERAL STATUTE AND / OR REGULATION This policy is written in accordance with Title VI and Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§2000d and e), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), the Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.) the ADA Amendments Act of 2008 (ADAAA) (42 U.S.C. § 12,101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 USC section 791, et seq.), and the Equal Pay Act (29 U.S.C. § 206 et seq.), as well as the Virginia Human Rights Act (Code of Virginia §2.2-3900 et seq). 3. DEFINITIONS Complainant Complaint Commencement Date Day
Respondent Staff Member Title IX Coordinator Title IX Officer University Community Member
Visitor 4. APPLICABILITY 5. POLICY This policy prohibits discrimination against an individual on the basis of age, color, disability, national origin, genetic information, parental status, political affiliation, race, religion, sex, sexual orientation or veteran status. It applies in the employment relationship, including job application procedures, hiring, advancement, discharge, compensation, job training, or other terms and conditions of employment. It applies in the educational relationship with students, including application procedures, admissions, grades, discipline, dismissal, or other terms and conditions of matriculation. It applies in the provision of services that are provided by the university to students or other individuals, including visitors. It is also a violation of this policy to retaliate against or harass an individual who files charges or participates in proceedings under this policy. Any member of the university community or visitor who is subjected to discrimination or harassment by an employee, affiliate or visitor may bring a complaint under this policy to attempt to address the situation. Any member of the university community who is subjected to abuse or harassment by a student may bring a complaint under the terms of the Student Code of Conduct. See http://www.jmu.edu/judicial/handbook/JudicialPolicies.html 6. PROCEDURES 6.1.1. Before bringing a complaint to the Title IX Officer, the complainant is encouraged to discuss the complaint with the respondent to attempt to resolve it, except in cases involving sexual violence where encouraging such a discussion is never appropriate. In any case, if the complainant does not feel comfortable discussing the matter directly with the respondent, the complainant is encouraged to discuss the matter promptly with any of the following university resources:
Any university official contacted by a complainant is encouraged to communicate the general nature of the matter to the DEO, without disclosing the identities of the parties if necessary, to assist the DEO in developing effective campus educational programs and assessing the campus climate. 6.1.2. If the complainant meets informally with a Title IX Officer or any other university official and asks that the information disclosed be kept confidential, the university official contacted informally by the complainant must determine whether to keep the information confidential or whether it must be communicated to the DEO to protect the university. However, in cases involving allegations of conduct that appear to constitute sexual harassment, including sexual violence, the university official contacted has an affirmative duty to disclose the information to the DEO and does not have the discretion to keep the disclosed information confidential. University officials should inform any individual who has disclosed information concerning sexual harassment that such information will not be kept confidential and should encourage the potential complainant to cooperate with the investigation of the matter. 6.1.3. If any discussions between the complainant and the respondent or between the complainant and any other university official do not lead to a resolution that is satisfactory to the complainant or if the complainant does not pursue such discussions, the complainant should contact the Title IX Officer not later than 30 days after the last behavior date. Failure to make a timely report to the Title IX Officer may impede the university's ability to effectively investigate the charge, but such failure will not prohibit the complainant from filing a formal complaint, as long as such complaint is timely filed under 6.2.1. When the complainant contacts the Title IX Officer, that person will discuss with the complainant the procedures that will be followed with respect to any ensuing investigation, resolution attempts and referral for a potential hearing. The Title IX Officer will also notify the DEO, who will advise the appropriate vice president (organizationally above the respondent) of the existence of the complaint, whether it is formal or informal. 6.1.4. If the complainant decides not to file a formal complaint of discrimination (except sexual harassment or sexual assault), the Title IX Officer will inform the DEO. The DEO will advise the appropriate vice president that no complaint was filed, and the matter will be closed. 6.1.5. If the complainant decides not to file a formal complaint in the case of an allegation of sexual harassment, including sexual assault, the Title IX Officer will, even without the cooperation of the complainant if necessary, investigate the allegations to the extent possible under the circumstances. It is within the discretion of the Title IX Officer to decide whether the respondent must be notified of the informal charge before or in the course of the investigation. 6.1.6. If the investigation into potential sexual harassment reveals information that indicates that the policy applies and that the evidence justifies a preliminary finding of a violation of the policy, the Title IX Officer will report this finding to the DEO. The DEO will advise the complainant, respondent, and the respondent's supervisor or sponsoring department of the preliminary finding. The appropriate vice president (organizationally above the respondent) will also receive notice of the finding. The Title IX Officer will turn over the findings to the DEO, who will decide whether to give them to the respondent's supervisor or sponsoring department. The DEO will not supply the findings to the complainant or the respondent but will inform them that the matter has been turned over to the respondent's supervisor or sponsoring department. 6.1.7. If the investigation into potential sexual harassment reveals information that indicates that the policy does not apply or that the evidence does not justify a preliminary finding of a violation of the policy, the Title IX officer will report this finding to the DEO, who will advise the respondent's supervisor or sponsoring department that the informal complaint will be dismissed. The Title IX officer will inform the complainant and the respondent that the informal charge is dismissed. This decision is final and may not be appealed. 6.1.8. If the complainant decides to file a formal complaint, the Title IX Officer may, with the permission of the complainant, contact the respondent and attempt to help bring about a resolution. The Title IX Officer may suggest that the complainant and the respondent participate in mediation, but participation is not mandatory and is never appropriate in cases involving sexual violence. Mediation is entirely voluntary, and failure to participate in mediation shall not be considered adversely against either the complainant or the respondent in any ensuing investigation or hearing. 6.2 Complaint Process 6.2.1. The formal complaint must be filed by the complainant not later than 180 days after the last date of discriminatory or harassing behavior by providing the Title IX Officer with a signed, written document detailing the allegations, naming the respondent and providing as much detail as possible about the charges. The Title IX Officer may extend this period to no more than 300 days if an informal resolution procedure under 6.1.8. is in progress. A formal complaint may not be filed anonymously or on behalf of another person, although an anonymous complaint or third party complaint alleging sexual violence may be investigated by the Title IX Officer if sufficient information is provided. The Title IX Officer will confirm the complaint commencement date with the complainant in writing and will notify the respondent and the DEO, supplying both with a copy of the complaint. 6.2.2. Upon receipt of the complaint, the Title IX Officer shall determine whether this policy applies and will dismiss a complaint if the policy does not apply. The Title IX Officer will notify the complainant, the respondent and the DEO in writing of the dismissal. A decision by the Title IX Officer that this policy does not apply is final and may not be appealed. By way of example, the Title IX Officer may find that this policy does not apply upon determining any of the following:
This list is not exclusive, and other situations may result in the Title IX Officer determining that the policy does not apply. 6.2.3. If the Title IX Officer determines that this policy applies, the Title IX Officer shall conduct an investigation of the complaint in any manner the Title IX Officer deems appropriate. All members of the university community are required to cooperate in the investigation. 6.2.4. Not later than 60 days after the complaint commencement date, the Title IX Officer shall provide the appropriate office with authority over the respondent (i.e., the supervisor for an employee or the sponsoring department for an affiliate) with a confidential written report of the Title IX Officer's recommendations and findings, with a copy to the DEO and the appropriate vice president organizationally above the respondent. The Title IX Officer may also report to the appropriate office the Title IX Officer's opinion on whether the evidence justifies a preliminary finding by the Title IX Officer that the respondent violated this policy and whether the respondent should be charged with misconduct under the appropriate disciplinary procedures, if any. Any such preliminary finding by the Title IX Officer shall be based on a preponderance of the evidence available. Such a preliminary finding is not binding on the fact-finders in any subsequent misconduct hearing or procedure and shall not be available to the complainant or the respondent. Its function is entirely advisory to the appropriate office concerning the office's subsequent handling of the allegations in the appropriate process. It is then up to the appropriate office to determine what steps to take, including whether to institute disciplinary procedures against the respondent for misconduct, subject to review by the appropriate vice president. 6.2.5. The university will take prompt and effective steps reasonably calculated to end discrimination and harassment, eliminate any hostile environment and its effects, and prevent the discrimination or harassment from recurring. Appropriate steps to end discrimination and harassment may include separating the complainant and the respondent, providing counseling for the complainant and/or respondent or taking disciplinary action against the respondent or against a complainant who makes a false report. 6.2.6. A classified staff member may be disciplined or discharged for violation of this policy under the Commonwealth's Standards of Conduct. See Policy 1317. A wage employee may be disciplined or discharged for violation of this policy under the terms of Policy 1325. An AP faculty member may be disciplined or discharged for violation of this policy under the terms of Policy 1335. An affiliate may have his/her status as affiliate removed for violation of this policy under the terms of Policy 1337. An instructional faculty member may be disciplined or discharged for violation of this policy under the terms of the Faculty Handbook, Section III.A.25. 6.2.7. If the Title IX Officer finds by a preponderance of the evidence available that the evidence does not justify such a preliminary finding of violation, the Title IX Officer will dismiss the complaint and will send a notice of such dismissal to the complainant, the respondent, the DEO and the appropriate vice president organizationally above the respondent. 6.2.8. A decision by the Title IX Officer that the evidence does not justify such a preliminary finding of violation may be appealed by the complainant to the DEO within five days by presenting a written appeal detailing the reasons the decision should be overturned. 6.2.9. If no appeal is timely filed, the complaint will be dismissed by the DEO, and the complainant, respondent and vice president will be notified. 6.2.10. If an appeal is timely filed, the DEO will decide whether to refer the case to the appropriate office for further proceedings or to uphold the dismissal. The DEO's decision will be sent in writing to the complainant, the respondent and the appropriate vice president. The DEO's decision on whether to refer the case to the appropriate office for further proceedings or to dismiss the case is final and may not be appealed. 6.2.11. If the Title IX Officer finds that the evidence justifies a preliminary finding of violation, the Title IX Officer will notify the DEO, the appropriate vice president organizationally above the respondent, the complainant and the respondent that s/he is referring the complaint to the appropriate office for further proceedings. 6.2.12. The DEO will serve as a resource for any hearing officer or body who is charged with conducting a hearing or reaching a decision on the issue of the respondent's misconduct under the terms of this policy. Upon request, the DEO may serve in an advisory capacity in any such hearing or meeting. The Title IX Officer may serve as a witness or as the responsible official presenting the allegations of misconduct against the respondent in any such hearing or meeting. 6.3 Other provisions: 6.3.1. Exceptions to Provisions 6.3.2. Confidentiality, Other Consequences 6.3.3. Education 6.3.4. Suspension Pending Outcome 6.3.5. Attorneys in Procedures 6.3.6. Criminal Proceedings 7. RESPONSIBILITIES University community members and visitors are responsible for behaving in a nondiscriminatory and non-harassing manner toward other university community members and visitors, are responsible for reporting allegations of conduct that would constitute sexual harassment to the DEO and are responsible for abiding by the terms of this policy. The UHC is responsible for accepting and investigating formal complaints by students, determining the applicability of this policy to specific complaints, and coordinating with the DEO on the processing of those complaints. HR is responsible for accepting and investigating formal complaints by staff members, determining the applicability of this policy to specific complaints, and coordinating with the DEO on the processing of those complaints. The employee respondent's supervisor is responsible for determining whether a report and recommendation under this policy should be handled through the misconduct procedures for an employee. The sponsoring department is responsible for determining whether an affiliate's status should be revoked for violation of this policy. 8. SANCTIONS 9. EXCLUSIONS 10. INTERPRETATION Previous Version: August, 2012 Index Terms Director of Equal Opportunity |
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| 2202 | Care and Use of Laboratory Animals | February 2013 | 1. PURPOSE
2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The board has delegated the authority to manage the university to the president. STATE OR FEDERAL STATUTE AND/OR REGULATION In compliance with the Public Health Service (PHS) policy, "The chief executive officer shall appoint an Institutional Animal Care and Use Committee, qualified through the experience and expertise of its members to oversee the institution's animal program, facilities and procedures." 4. APPLICABILITY According to the Assurance of Compliance with PHS Policy on the Humane Care and Use of Laboratory Animals, it is the responsibility of the university to provide direction and oversight for the use and care of live vertebrate animals in the conduct of scholarly research or other academic activities. 5. DEFINITIONS Standard Operating Procedures (SOPs): A list of procedures that govern the operation of an animal care facility on campus to assure the health and welfare of all animals used in research, teaching or both. 5. POLICY 6. PROCEDURES
6.2 Categories of Animal Use Subject to Review
6.3 Criteria Used for Review of Proposals
6.4 Procedures for Submitting Proposed Animal Use Protocols to the IACUC
Post-Approval IACUC Procedures
6.5 Statement of Concern/Complaint Concerns about animal abuse or infractions of animal care and user regulations, use the following chain of command to report the situation:
6.6. All animal care facilities (vivaria) will follow the SOPs that apply to their particular species. These SOPs are posted on the IACUC website at http://www.jmu.edu/sponsprog/iacuc_sops.html. 6.7 This policy will be posted inside the vivarium for use by any person reporting an animal care and use issue. 7. RESPONSIBILITIES
7.2 The principal investigator or instructor is responsible for the following:
8. SANCTIONS 9. EXCLUSIONS 10. INTERPRETATION Approved by the President: November, 2002 Appendices |
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| 1213 | Information Technology Project Management | June 2011 | 1. PURPOSE James Madison University is committed to continually improving the delivery of information technology solutions within budget, on schedule, within scope and in such a way as to best contribute to accomplishing the university's mission and strategic plans. This policy furthers that goal by establishing the common and consistent application of project management best practices in the management of information technology (IT) projects. The Commonwealth of Virginia Restructured Higher Education Financial and Administrative Operations Act of 2005 grants institutions additional authority over financial and administrative operations, on condition that certain commitments to the Commonwealth are met. Chapters 824 and 829 of the 2008 Virginia Acts of the Assembly and JMU's Memorandum of Understanding with the Commonwealth provide full delegated responsibility for management of the institution's information technology project management and project auditing activities. This delegation includes the authority to conduct these activities in accordance with industry best practices appropriately tailored for the specific circumstances of the university, in lieu of following Commonwealth-determined specifications. This policy documents the industry best practices with which the university will align its project management and project auditing activities. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 12-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president. 3. DEFINITIONS PMI: Project: Project Management: 4. APPLICABILITY This policy applies to projects undertaken by Information Technology. 5. POLICY Information technology projects will be managed in accordance with best practices promoted by the nationally recognized Project Management Institute (PMI), appropriately tailored to the specific circumstances of the university. Projects that engage leading IT consulting or software development firms to assist with project management may apply additional best practices provided by these firms. Methods used for project auditing, such as Independent Verification and Validation (IV&V), will be aligned with industry best practices, consultant expert guidelines and known industry accepted standards, such as Institute of Electrical and Electronics Engineers (IEEE) Standard 1012-2004 for Software Verification and Validation, International Standards Organization (ISO) 9000-2000 series and Software Engineering Institute Capability Maturity Model (SEI-CMM). These methods will be tailored to the higher education environment by internal departments and in coordination with consultants as warranted. Project managers will possess professional credentials and/or an appropriate level of project management training or experience. This policy is established to support the university community in the management of information technology projects by application of standardized project management principles, tools and methods. A uniform project management framework promotes consistency and better control of IT projects, thereby reducing risks and increasing project successes. 6. PROCEDURES 6.1 An overview of the university's IT Project Management Framework, along with procedures, templates and tools, is posted on the web site http://www.jmu.edu/computing/policy/. 6.2 For more information related to the management of IT projects, refer to the following: Institute of Electrical and Electronics Engineers (IEEE) Standard 1012-2004 for Software Verification and Validation - Software Verification and Validation (V&V) processes determine whether the development products of a given activity conform to the requirements of that activity and whether the software satisfies its intended use and user needs. Software V&V processes includes analysis, evaluation, review, inspection, assessment and testing of software products. International Organization for Standardization (ISO) - Quality Management Principals (ISO 9000:2000) - ISO 9001:2000 specifies requirements for a quality management system for any organization that needs to demonstrate its ability to consistently provide product that meets customer and applicable regulatory requirements and aims to enhance customer satisfaction. Project Management Institute - The world's leading not-for-profit professional association in the area of project management. Project Management Institute. October 2004. A Guide to the Project Management Body of Knowledge (PMBOK Guide) - Third Edition. Software Engineering Institute - Capability Maturity Model Integration (SEI-CMMI) - The CMM outlines the methods to obtain software process maturity. Several levels of maturity can be reached as an organization's software project management evolves from that of chaotic non-repeatable performances to repeatable mature disciplined software processes. The model focuses on key attributes of each improved maturity level and provides guidance on the best practices used to achieve each level. The goal is to reach an efficient and disciplined approach to software management. 7. RESPONSIBILITY Information technology is responsible for the effective application of this policy as it applies to their projects. 8. SANCTIONS None 9. EXCLUSIONS None 10. INTERPRETATION The authority to interpret this policy rests with the president and is generally delegated to the assistant vice president for information technology. Previous version: August, 2009 Index Terms Project Management |
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| 4401 | University Supported Travel | June 2011 | 1. PURPOSE This policy outlines requirements for all official travel for James Madison University. 2. AUTHORITY The president provides the authority for the Assistant Vice President for Finance to enforce this policy. 3. DEFINITIONS None. 4. APPLICABILITY The policy applies to university-supported travel by faculty and staff members, administrators, students, and visitors regardless of the source of the funds. 5. POLICY Travelers should exercise prudent judgment when arranging travel and making payments. Travel expense accounts are open to the public and must sustain the test of public review. 6. PROCEDURES 6.1 Travel Procedures:
A listing of current meal and lodging guidelines and mileage rates is available online. Travelers should address questions concerning travel to the JMU Office of Accounts Payable. 6.2 Travel - Personal Expense: 6.3 Contracted Travel Agencies: 6.4 Lodging: 6.5 Prospective Employees, Employee Recruitment, and Campus Visitors: 7. RESPONSIBILITIES 7.1 Administration of Travel Program:
The traveler is responsible for the legality, legibility and completeness of Travel Expense Reimbursement Vouchers. Any falsification of payments is fraud, and the university must treat it as such. 7.2 Approving Authority: In advance of all travel, the appropriate vice president, assistant/associate vice president, dean, associate/assistant dean or the director of intercollegiate athletics must approve the following:
7.3 Reimbursement Limits: 8. SANCTIONS Employees who fail to adhere to this policy are subject to disciplinary action up to and including termination. 9. EXCLUSIONS None. 10. INTERPRETATION Authority to interpret this policy rests with the president of the university and is generally delegated to the assistant Vice President for Finance. Previous Version: October, 2009 Index Terms Travel |
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| 1308 | Family and Medical Leave | July 2011 | 1. PURPOSE It is the objective of James Madison University to provide eligible employees with up to 12 weeks of paid or unpaid family or medical leave following the birth of a child or the placement of a child with the employee for adoption or foster care, because the employee is needed to care for a family member (child, spouse or parent) with a serious health condition, because the employee's own serious health condition makes him or her unable to do his or her job, or because of any qualifying exigency (as defined by the Department of Labor) arising out of the fact that a spouse, child or parent of the employee is called to active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation; or up to 26 weeks of leave to care for a spouse, child, parent or being the nearest blood relative to the injured service member with a illness or injury incurred in the line of duty while in the Armed Forces. 2. AUTHORITY 3. DEFINITIONS Eligible Employee:
Employment Benefits:
Key Employee:
4. APPLICABILITY This policy applies to all university employees. 5. POLICY
At the end of family and medical leave, employees normally are to be reinstated as follows:
5.7 Status of Benefits during Family and Medical Leave:
5.8 EXAMPLES:
6. PROCEDURES
B. *Eligible full-time employees may take up to 26 weeks of leave to care for a spouse, child, parent or nearest blood relative with a illness or injury incurred in the line of duty while active in the Armed Forces When both husband and wife work for the university, the full amount of leave may be limited to a combined total of 26 weeks to care for a child, parent or nearest blood relative with a illness or injury incurred in the line of duty while active in the Armed Forces.
7. RESPONSIBILITIES
8. SANCTIONS 9. EXCLUSIONS 10. INTERPRETATION Previous version: August, 2009 Index Terms: |
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| 2114 | Part-Time Instructional Faculty | March 2002 | 1. PURPOSE 2. AUTHORITY 3. DEFINITIONS 4. APPLICABILITY 5. POLICY 6. PROCEDURES
Part-time hiring is subject to the hiring procedures set out in Policy 2101, including the requirement for transcripts, a completed application, etc. However, a full search is not required to hire a faculty member as a part-time employee. 7. RESPONSIBILITIES Academic unit heads and direct supervisors are responsible for following the procedures for regarding part-time faculty members. 8. SANCTIONS 9. EXCLUSIONS 10. INTERPRETATION Approved: Index Terms: |
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| 3107 | Parking | March 2011 | 1. PURPOSE Parking regulations are enforced to encourage the responsible use of parking facilities. This policy provides a mechanism for consistent application of the rules and regulations governing parking. Parking Services relies on permit fees and citation revenue to support the direct and indirect costs of operating parking services including but not limited to construction of new parking areas, maintenance of existing parking areas, enforcement, snow removal, lighting, etc. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 12-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president. 3. DEFINITIONS Visitor: Affiliate: 4. APPLICABILITY This policy applies to all faculty, staff, students, affiliates and visitors of James Madison University. 5. POLICY Operating and parking motor vehicles on university-owned or leased property is permitted only in accordance with university motor vehicle regulations as outlined in "Parking and Traffic Regulations" (http://web.jmu.edu/parking/2010-2011%20Parking%20Regulations.pdf) or at the direction of parking and public safety officials. All vehicles parked on campus must display a valid parking permit at all times. An inappropriately parked vehicle will receive a citation issued by the university. Vehicles with handicapped permits or plates must display a valid JMU parking permit in conjunction with the handicap permit or plates whenever the vehicle is parked on campus. Outstanding parking violations will result in a hold being placed on a student's record. Disabled vehicles should be reported to Parking Services immediately. If Parking Services is closed, report disabled vehicles to the Office of Public Safety at (540) 568-6912. Arrangements should be made to repair the vehicle or remove it from campus within 24 hours of notification. Disabled vehicles that present a danger to life or property may be towed at the owner or operator's expense. 6. PROCEDURES 6.1 Enforcement Parking enforcement and police personnel will issue parking citations for violations of regulations printed in the brochure entitled Parking and Traffic Regulations Parking enforcement and police personnel are authorized to tow immediately and, if necessary, without warning when a vehicle is blocking access or presents a risk to public safety. Any vehicle parked on university-owned or leased property that has accumulated 10 or more unpaid parking citations is subject to towing at the owner or operator's expense. 6.2 Payment of Fines Parking citation fines may be paid at the Parking Services office during posted hours, by utilizing the electronic citation form payment option available on the Parking Services web site or by inserting the payment in the citation payment drop box located at the front of the Parking Services office. A parking fine will be considered delinquent if it is not paid in full on or before the later of (a) ten calendar days after the date of violation, or (b) if the citation is appealed and denied and not paid in full within, 10 calendar days after notice of the appeal denial is mailed to the violator. Student citations delinquent over 30 days are transferred to the University Business Office for collection on a daily basis. Delinquent citations are included in future student financial bills. Citations paid within the first 30 days can be paid directly at the Parking Services office, or via www.jmu.edu/parking, Once citations are transferred to the UBO, students are required to pay through their student account with a check or cash at the counter in Warren Hall or with an e-check or a credit card (MasterCard, American Express or Discover) at the University Business Office web site (www.jmu.edu/ubo). 6.3 Late Payment Students Faculty/Staff Members Visitors 6.4 Appealing Tickets The Parking Appeals Committee has been delegated the authority to rule on all appeals. Appellant has the option to appear before the Appeals Committee to present his or her case. Appearance before the Appeals Committee is limited to a maximum of three minutes. Citations that have not been resolved within ten calendar days after the citation was issued must be paid in full prior to an initial appeal review. A citation may be approved for a second appeal. However, the appellant must pay the citation in full prior to requesting a second appeal review, and the second appeal should include additional information or documentation in support of the appellant's appeal. Notification of the Parking Appeal Committee's decision will be sent to students via campus email accounts and to faculty and staff via campus mail. All returned emails will be followed by a written notification to the appellant's official university address. Responses will be mailed to an alternate address at the appellant's request. If an appeal is denied, the appellant has ten calendar days including the date on the notification letter to pay the fine or the 10-day ($5) penalty will apply. If Parking Services is closed, submit payment online at https://t2.jmu.edu/myaccount or deposit payment in the drop box at the front of the Parking Services office located on the ground level of the Champions Drive Deck. Do not insert cash in the drop box.. If the appeal is denied by the committee, at the request of the faculty, staff or student, the chair of the appeals committee and/or the Associate Vice President for Business Services may give the matter further consideration. 7. RESPONSIBILITIES Parking Services is responsible for sending a written notice via campus mail to all faculty, staff and affiliates regarding the necessity of satisfying outstanding fines provided the vehicle is registered. Students will be notified of outstanding fines via their campus email account. All returned emails will be followed by a written notification to the student's official address. These notices will be sent approximately ten days after a citation has been issued. All faculty, staff, students, affiliates and visitors of James Madison University are responsible for abiding by all parking and traffic regulations. Any parking fines that are received as a result of non-compliance with JMU parking and traffic rules and regulations must be settled with Parking Services. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the occurrence and may include termination of employment. 9. EXCLUSIONS None. 10. INTERPRETATION The authority to interpret this policy rests with the president and is generally delegated to the Associate Vice President for Business Services. Previous version: June 2009 Index Terms Parking fines |
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| 1404 | Mediation | November 2011 | 1. PURPOSE While James Madison University has established procedures for the resolution of grievances, the university also has alternative dispute resolution processes. Employee Mediation Services, a mediation program for university employees, provides a more collegial, less adversarial, and thus a more satisfying means to resolve conflicts. 2. AUTHORITY The Board of Visitors has the authority to make policy concerning the effective management of employee relations. Where the board has not enacted specific policy, the authority is delegated to the President. 3. DEFINITIONS Mediation Qualified University Mediator Employee Mediation Coordinator Two-Party Mediation Group Mediation 4. APPLICABILITY 5. POLICY It is the policy of JMU to resolve work place disputes through non-adversarial means such as mediation whenever possible. Participation in mediation will be voluntary. A request for mediation may be made by an employee, a supervisor or a member of management as a means to resolve workplace disputes. Every effort should be made by the mediation coordinator and participants to achieve a mediation schedule that does not hinder university operations. Supervisors are required to allow employees to participate in the mediation process unless participation would significantly hinder university operations. 6. PROCEDURES 6.1 Mediation Preparation
6.2 Mediation
6.3 The Agreement
6. 4 Confidentiality The goal of mediation is to empower participants to share information openly and honestly without fear of embarrassment or retaliation. Participant assurance from management that no retaliation will result from engaging in mediation is critical to the process. What is said in mediation must not be used in any way against the participants before, during, or after the mediation. At the beginning of the mediation, participants commit to keeping the contents of the mediation session confidential. Mediators and participants must treat as confidential all writings and all communications made before, during, or in connection with the mediation at all times. The scope of the confidentiality should be discussed before the commitment is made. Disclosing the fact that mediation took place is not a breach of confidentiality. Exceptions to confidentiality include:
The mediator(s) may not be called upon, at any time, by the participants of mediation as a witness in any administrative or legal proceeding, except regarding the occurrence of the mediation, evidence of verbal or physical abuse or threats of bodily harm to self or others, evidence of violation of university policy or criminal activity, or evidence of sexual harassment. 7. RESPONSIBILITIES The Director of Human Resources is responsible for the consistent application of this policy. The Director of Human Resources, as well as senior vice presidents, deans, directors, and department heads, are to ensure that employees are informed of this policy. Questions related to the application of this policy should be directed to the mediation coordinator in Human Resources or an HR Representative. In addition, directors are responsible for their department's prompt, effective adherence to this policy. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS Mediation is not available to resolve incidents involving allegations of university policy violations, criminal violations or legal violations. This policy does not apply to students or to student workers. Student workers and their supervisors should bring disputes to the attention of the Student Work Experience Center. 10. INTERPRETATION The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources. Previous version: February, 2010 Index Terms: Mediation |
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| 3106 | Lost and Found Property | January 2012 | 1. PURPOSE
Each of these areas has access to a central computer database for posting lost and found items.
For any keys not claimed within 60 days, Lost and Found Center staff members must follow these guidelines:
Lost & Found Center Managers may attempt to find the owner of USB drives or similar devices by connecting them to a computer. Because anti-virus software detects only about 50% of viruses, the following procedures must be used when connecting the devices to university computers.
All JMU access cards (JAC) will be sent to the Campus Card Center after the Lost & Found Center staff employees have attempted to contact the owner with no success. All lost plastic ware, soiled clothing, undergarments and toiletry items will be disposed of immediately after being turned in to a Lost and Found Center; these items will not be entered in the database.
7. RESPONSIBILITIES |
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| 1338 | Faculty Leave | July 2011 | 1. PURPOSE This policy provides a uniform method for faculty members to take leave from work. 2. AUTHORITY The JMU Board of Visitors is responsible for policies related to the employment of JMU faculty members. The board designates the president with the responsibility for the day-to-day management of those policies and, therefore, the establishment of a leave policy for faculty members. 3. DEFINITIONS Administrative Leave: Annual Leave: Compensatory Leave: Disability Leave: Educational Leave: Emergency/Disaster Leave: Family and Medical Leave:
Leave Through Peer Coverage: Military Leave: Political Activity Leave: Sick Leave: Workers Compensation Leave: Administrative & Professional Faculty (A&P faculty) Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent (50%) of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, dean, assistant or associate vice president or dean, assistant or associate vice provost. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy, and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3). Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized. Faculty:
Instructional Faculty: 12-month Instructional Faculty: 10-month Instructional Faculty: 4. APPLICABILITY This policy applies to all faculty members as well as those who supervise them. 5. POLICY
5.1 Supervisor Approval 5.2 Compensation for Unused Leave 5.3 Sick Leave for All Faculty Members Not Enrolled in the Virginia Retirement System and the Virginia Sickness and Disability Program (VSDP) 5.4 Sick Leave for All Faculty Members Enrolled in the Virginia Retirement System and the Virginia Sickness and Disability Program 5.5 Annual Leave for Administrative & Professional Faculty Members 5.6 Annual Leave for 12-month Instructional Faculty Members 5.7 Annual Leave for less-than-12-month Instructional Faculty Members 5.8 Family and Medical Leave
Faculty members may be eligible for up to 26 weeks of leave to care for a spouse, child, parent or being the nearest blood relative to the injured service member with an illness or injury incurred in the line of duty while in the Armed Forces. Departments are responsible for notifying Human Resources for any faculty member's approved FMLA qualifying leave. For details, see Policy 1308, Family and Medical Leave. 5.9 Disability Leave 5.10 Educational Leave 5.11 Emergency/Disaster Leave 5.12 Compensatory Leave 5.13 Workers Compensation Leave 5.14 Administrative Leave 5.15 Military Duty Leave 5.16 Political Activity Leave 5.17 Personal Leave 6. PROCEDURES 6.1 Leave Tracking 6.2 Requests for Leave The supervisor must notify Human Resources of the faculty member's request for use of family and medical leave. Human Resources will determine whether the faculty member meets the eligibility criteria. The supervisor must notify the faculty member in a timely manner if the request is being granted. If the faculty member is not eligible for the leave requested or if the leave is not approved, the supervisor will notify the faculty member as soon as possible. Any absence of the faculty member from regular duties that is not pursuant to approved leave may be considered a disciplinary matter. 7. RESPONSIBILITIES Supervisors are responsible for approving and overseeing their employee's use of leave under the provisions of this policy. They are also responsible for ensuring that the leave report is appropriately signed and submitted to Human Resources by the end of each month in which the faculty member enrolled in VSDP uses sick leave. Faculty members are responsible for complying with this policy; including reporting and tracking leave as described in this policy. They are also responsible for requesting leave in a timely manner, unless an emergency makes a timely request impossible. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS 10-month faculty members, part-time faculty members and adjunct faculty members are not eligible for paid annual leave. This policy does not apply to part-time faculty, adjunct faculty, graduate assistants, classified employees or wage employees. Faculty members enrolled in the Virginia Retirement System and the Virginia Sickness and Disability Program before August 1, 2002 will be allowed to continue in the sick-leave-through-peer-coverage program. All other faculty members who enroll in the Virginia Retirement System must choose between either sick-leave-through-peer-coverage or the Virginia Sickness and Disability Program. 10. INTERPRETATION The interpretation of this policy is the responsibility of the president and is normally delegated to the Director of Human Resources. Previous Version: August, 2009 Index Terms |
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| 4502 | Collection of Debts Owed by Employees to the University | October 2013 | 1. PURPOSE The purpose of this policy is to provide guidelines for James Madison University to collect all debts owed to it by its employees. 2. AUTHORITY STATE OR FEDERAL STATUE AND/OR REGULATION The university has the right under Virginia law to withhold such debts from an employee's pay. Section 2.2488 et seq. of the Code of Virginia gives the university the authority to enforce this policy. Section 40.1-2.1 of the Code exempts State agencies from Title 40.1 provisions, including 40.1-29, which restricts withholding of employees' wages or salaries. 3. DEFINITIONS 4. APPLICABILITY 5. POLICY
6. PROCEDURES 6.8 If an individual leaves university employment without resolving university debt, the debt can be submitted to the University Business Office with appropriate documentation for collection through a commercial collection agent and/or to the Commonwealth of Virginia debt set off program. 7. RESPONSIBILITIES 8. SANCTIONS 9. EXCLUSIONS Previous version: October 2010 Index of Terms |
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| 3110 | Recording Student Complaints | January 2013 | 1. PURPOSE This policy is designed to provide a standard for recording and collecting written student complaints across all divisions of the university. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The board has delegated the authority to manage the university to the president. STATE OR FEDERAL STATUTE AND/OR REGULATION This policy has been developed in accordance with guidelines from JMU's regional accrediting body, the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC), regarding student complaints filed against the university. 3. APPLICABILITY This policy relates to written student complaints made to the university that are not covered by other university procedures for filing complaints as noted in the Exclusions section, but which concern the student's role as a student. 4. DEFINITIONS Complaint Complaint Log Discrimination Grade Review Harassment
Honor Code Judicial Code Student Complaint Student 5. POLICY Any student may initiate a complaint alleging violation of existing policies or established practices as applied to the student concerning his or her role as a student. However, if a student's complaint is addressable by other procedures mandated by law and/or described in university policies or procedures, those must be followed. See the Exclusions section. Each division of the university must accept written student complaints. All divisions, departments, and offices accepting complaints under this policy must maintain a complaint log of all written student complaints. The complaint log must be compiled in a format that can be provided to the appropriate vice president upon request. See the attached Student Complaint Log Form for an example. 6. PROCEDURES Complaints shall be filed within six months of the most recent alleged violation, or they will be dismissed as untimely. Anonymous complaints and complaints filed on behalf of another person will be dismissed. Complaints that are appropriately handled by a different procedure on campus will be returned to the student with a referral to the appropriate office or procedure. Such a referral will be noted on the unit's student complaint log. Each division determines the level (e.g., by office, by department, by academic unit) at which student complaints are collected and logged. It is the responsibility of each division to establish a policy articulating the level for collection of student complaints, the format of those complaints and who is responsible for managing and maintaining the log. Each division shall establish a procedure to resolve complaints by students concerning their roles as students, and shall post such procedures so that students may access them. Logs must be submitted to the appropriate vice president with the submission of annual reports. The vice president may collect the student complaint log at any time. Each division, department or office receiving a complaint under this policy shall note the complaint on its respective student complaint log, whether that complaint is sent by the complaining student directly or whether the complaint is referred by another division, department or office. All complaint logs should be maintained in the original offices for a minimum of five years. 7. RESPONSIBILITIES Each division is responsible for developing and maintaining its own process for collecting and logging student complaints. This process should be documented and available for access by students. It is the responsibility of the area which originally receives a student complaint to log that complaint and, as appropriate, refer the complainant to the appropriate office for resolution. When a complaint is referred, it is the responsibility of the receiving area to inform the original area when the complaint is resolved. Vice presidents are responsible for ensuring that their respective divisions have a student complaint policy which includes a log of written student complaints. In addition, vice presidents will regularly collect the student complaint logs from within their areas for review with the submission of annual reports. 8. SANCTIONS Persons who do not comply with this policy are subject to discipline up to and including termination. 9. EXCLUSIONS Students complaining about actions concerning matters unrelated to their roles as students may complain directly to the appropriate office, but there is no requirement that any such office keep track of student complaints as opposed to complaints from any other parties. Students complaining about actions covered under other policies and procedures, including grade review, discrimination, harassment, judicial code and honor code, are required to use those procedures. Complaints registered through the Counseling Center, Intercollegiate Athletics and the University Health Center which involve confidential information (i.e. health records, medical information) will be handled according to established procedures and will not be reported in the divisional student complaint log. 10. INTERPRETATION While the authority to interpret this policy is granted to the president, it is generally delegated to Senior Vice President for Student Affairs and University Planning. Original Version: August 2012 Index of Terms Student Complaint |
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| 1703 | Sustainable Construction | June 2011 | 1. PURPOSE The purpose of this policy is to outline requirements and procedures for ensuring the use of sustainable building practices in the design and construction of new or renovated university facilities. 2. AUTHORITY 3. DEFINITIONS 4. APPLICABILITY 5. POLICY Per Commonwealth of Virginia requirements, buildings and renovations shall be designed and built to obtain LEED Silver certification. This policy is concurrently applicable with all other university and Facilities Management policies and standards. 6. PROCEDURES Facilities Planning and Construction will establish procedures necessary to ensure compliance of this policy. 7. RESPONSIBILITIES The Senior Vice President for Administration and Finance is the final approving authority for all aspects of major new construction and renovation projects. The Director of Facilities Management is responsible for ensuring that proper action is taken to accomplish all necessary work related to new construction or renovation. The Facilities Management Engineering Manager is responsible for reviewing all non-capital major projects and all major maintenance projects and ensuring the compliance of those projects with this policy. The Director of Facilities Planning and Construction is responsible for reviewing all capital projects, whether new construction or renovation, and ensuring the compliance of those projects with this policy. 8. SANCTIONS 9. EXCLUSIONS 10. INTERPRETATION Previous version: October 2009 Index Terms |
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| 4103 | Strategic Alliances | December 2010 | 1. PURPOSE This policy is intended to foster the development of strategic alliances at JMU and to integrate the accounting for strategic alliances into the university's regular planning process. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. 3. DEFINITIONS Strategic Alliance: For the purposes of this policy, a strategic alliance is defined as a relationship between James Madison University and another organization(s) (e.g., business, governmental body, foundation and/or other educational institution) that meets all of the following criteria:
Examples of objectives that could be met through strategic partnerships include (but are not limited to):
4. APPLICABILITY This policy applies to the university's senior management and those they delegate in the process of developing strategic alliances. 5. POLICY JMU will develop new strategic partnerships that enhance the university's programs and ensure success in meeting goals and objectives. The judicious use of strategic alliances offers a means for meeting the challenges of a changing environment and of achieving an even higher level of programmatic excellence. 6. PROCEDURES Senior vice presidents or those whom they delegate will submit a Strategic Alliance Report for each alliance within their purview and send the report to the AVP for University Planning & Analysis by October 1 of each year. The AVP for University Planning & Analysis will collate the changes, create a draft final report and send it to the the president and senior vice presidents during the fall semester to review the submissions. Once the President and senior vice presidents have approved the report, it will be published via the Strategic Alliances Website. 7. RESPONSIBILITIES Senior vice presidents are responsible for establishing the overall emphasis on the development of strategic alliances within their divisions. Their more specific responsibilities include the preparation of annual goals and objectives regarding the creation of new strategic alliances and the communication of those goals and objectives to all appropriate levels of the division. Senior vice presidents are also responsible for the annual reporting process within their divisions. The Associate Vice President for University Planning & Analysis is primarily responsible for the annual reporting process. This includes managing the Strategic Alliances Website, issuing a call to the senior vice presidents and those they delegated for the completed reports, presenting a summary of the reports to the president and senior vice presidents, and completing the annual report documenting the status of strategic alliances at JMU. Those who are appointed by their senior vice presidents as responsible for reporting strategic alliances will update existing alliances and report new ones using the Strategic Alliances Website by the appropriate deadlines. 8. SANCTIONS None 9. EXCLUSIONS None 10. INTERPRETATION The President has the authority to interpret this policy, which is normally delegated to the Associate Vice President for University Planning and Analysis. Previous Version: December 2008 Index Terms Alliances |
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| 2105 | Emeritus Faculty | April 2012 | 1. PURPOSE James Madison University recognizes the important contributions to the institution that have been made by those faculty members who rendered many years of dedicated service before retirement. This policy is designed to provide procedures for the appointment of emeritus status for faculty members at the university. 2. AUTHORITY The Board of Visitors has the authority to enact personnel policies for all employees of the university. Where it has not exercised that authority, it is delegated to the president. 3. DEFINITIONS Administrative & Professional Faculty (A&P faculty) Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3). Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized. Faculty Instructional Faculty 4. APPLICABILITY This policy applies to all emeritus faculty appointments, to include instructional faculty as well as administrative and professional faculty. 5. POLICY In appropriate cases, retired faculty members may be recognized by the award of emeritus faculty rank. 6. PROCEDURES 6.1 Eligibility for Instructional Faculty Emeritus rank is a privilege and not a right of any retired faculty member. 6.2 Eligibility for Administrative & Professional Faculty Emeritus rank is a privilege and not a right of any retired faculty member. 6.3 Posthumous Eligibility 6.4 Rank as Emeritus 6.5 Privileges Emeritus faculty members do not normally receive remuneration, although they may be hired by the university on a part-time basis for a limited time. Retiring faculty members who have been granted emeritus status will be eligible for membership in the James Madison University Emeriti Association. They are also eligible to obtain a limited use emeritus parking decal. 6.6 Procedures for appointment 6.6.1 When the president has approved the recommendation for instructional or administrative and professional faculty, a letter will be sent to the recipient indicating their designation of emeriti status pending approval by the Board of Visitors. 6.6.2 A copy of this letter will be sent to the Office of the Provost for proper processing. 6.6.3 The Office of the Provost will complete an Affiliate form for the faculty member. 6.7 Duration of appointment Emeritus status is normally granted on a permanent basis. However, emeritus status may be removed by the university for cause at any time. 7. RESPONSIBILITIES The academic unit head is responsible for nominating a retired faculty member for emeritus status. For instructional faculty, the dean is responsible for making a recommendation on the nomination for emeritus status to the Provost and Vice President for Academic Affairs. The Provost and Vice President for Academic Affairs are then responsible for making a recommendation on the nomination for emeritus status to the president. For administrative & professional faculty, the AVP or dean is responsible for making a recommendation on the nomination for emeritus status to the appropriate senior vice president or the Executive Assistant to the President. The senior vice president or the Executive Assistant to the President is then responsible for making a recommendation on the nomination for emeritus status to the president. The president is responsible for recommending emeritus status for a faculty member to the Board of Visitors. The Board of Visitors is responsible for granting emeritus status. 8. SANCTIONS None 9. EXCLUSIONS This policy does not address the emeritus staff designation. See policy 1318. 10. INTERPRETATION The authority to interpret this policy rests with the president. Previous version: April, 2008 Index of Terms Emeritus faculty |
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| 1305 | Performance Evaluation for Classified Employees | March 2013 | 1. PURPOSE The purpose of this policy is to ensure a high standard of work performance for every classified employee and to provide for a more fulfilling work experience. In addition, this policy is designed to foster communication between supervisors and classified employees which includesa clear statement of performance expectations and a workable performance plan. The university's Performance Management Program is an integral part of the Compensation Management System, as is regular and consistent communication between the supervisor and the employee. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. Virginia Department of Human Resource Management (DHRM) Policy 1.40 Performance Planning and Evaluation establishes guidelines for the performance evaluation of classified employees. This policy adheres to those guidelines and provides clarification as necessary. 3. DEFINITIONS Below Contributor Contributor Core Responsibilities Departmental Values Employee Work Profile (EWP) Extraordinary Contributor Individual Professional Development Plan (IPDP) Interim Performance Evaluation Measures Performance Cycle Performance Evaluation Performance Increase Position Description Probationary Period Probationary Progress Review Reviewer Salary Administration Plan Supervisor University Compensation Committee 4. APPLICABILITY 5. POLICY All classified employees must be evaluated according to schedules and procedures set out in this policy. Employee performance is a key component of how pay will be administered not only in the Performance Management Program but also with the university's pay practices as outlined in the Salary Administration Plan. Key design features of the university's Performance Management Program include three performance-rating levels, a 12-month probationary period for new employees, an opportunity for employee self-evaluation and an optional interim evaluation. 5.1 Reviewer Approval of the Performance Evaluation The reviewer is responsible for approving the evaluation before it is presented to the employee. Reviewers have the authority to change any part of the performance evaluation based on their knowledge and/or judgment about the employee's performance or the supervisor's approach to the performance evaluation. 6. PROCEDURES 6.1 Development of Position Description The position description in PositionLink is the central document to the university's Performance Management Program. The position description iscreated by the supervisor and approved by the reviewer. Following the reviewer's approval, position descriptions are discussed with the employee within the first 30 days of employment. Supervisors should use this as an opportunity to discuss the employee's responsibilities, expected job performance and clarify any aspects of the job. Changes to core responsibilities and measures must be updated by the supervisor and reviewed with the employee as they occur. 6.2 Information Gathering for the Performance Evaluation In order for performance evaluations to be effective and reflect the actual performance of the employee, it is imperative to collect and document information on a continuous basis. Supervisors should use a variety of sources when gathering evaluation information. Sources may include direct observation of employee behaviors and work products by the supervisor and information solicited from peers, customers, subordinates and other supervisors who interact and work with the employee. Working in conjunction with an HR Employee Relations Representative departments may also develop supplemental evaluation tools such as a 360 evaluation or team-based objectives and measures. Additionally, a valuable source of information for performance evaluations can be obtained from the employees themselves. The university's Performance Management Program requires employees to actively to participate in the performance evaluation process. Employees must be given the opportunity to provide their supervisor with a self-evaluation of their performance for the evaluation period. Using their position description, employees complete a self-evaluation and submit it to the supervisor. The supervisor must review and consider the self-evaluation when completing employee performance evaluations. 6.3 Feedback during the Performance Evaluation Cycle Supervisors should mentor, coach and reinforce progress toward expected results and outcomes and address areas of concern as they occur. Effective management of performance involves providing continuous formal and/or informal feedback to employees throughout the entire performance cycle. The content of the annual performance evaluation must never come as a surprise to the employee. Another source of information that is particularly valuable for management development purposes is employee feedback on their supervisor's performance, commonly referred to as Upward Feedback or 360-degree feedback. 6.4 Interim Performance Evaluations Interim performance evaluations provide an opportunity to give structured feedback to employees on their progress toward meeting performance expectations during the evaluation period. Interim performance evaluations may be conducted at any time during the performance cycle. When an employee's supervisor changes during the performance cycle, the outgoing supervisor should complete an Interim Performance Evaluation at that time. This is helpful to the incoming supervisor to assist in the evaluation of the employee at the end of the performance cycle. The new supervisor should review the performance expectations, make any necessary modifications and incorporate the former supervisor's assessment in the overall evaluation. An Interim Performance Evaluation should be completed prior to departure if, after six months into the performance cycle, an employee transfers into a new position with a different supervisor or between state agencies. The employee's new supervisor should consider this information in assessing the employee's performance. 6.5 Acknowledgment of Extraordinary Contribution/Substandard Performance Acknowledging an employee's performance in a timely manner will either reinforce exceptional behaviors or identify employee performance that is unacceptable and needs improvement. All performance, whether extraordinary, acceptable or unacceptable must be acknowledged and recognized throughout the performance cycle. Supervisors are encouraged to recognize exemplary performance by completing an Acknowledgement of Extraordinary Contribution. It is important to differentiate between performance that is expected and performance that exceeds supervisory expectations. Supervisors must immediately identify poor, substandard and/or unacceptable performance. Substandard performance on any core responsibility or special assignment may result in a Notice of Improvement Needed. Working in conjunction with an HR Employee Relations Representative, supervisors will develop an improvement plan, with specific timelines, addressing the area(s) that require immediate improvement. Input will be solicited from the employee in developing the improvement plan. A timeline for improvement must be established for at least 30 days and no more than 180 days. Based on the timeline, the supervisor must re-assess the employee's performance relative to the performance improvement plan. JMU Policy 1317- Standards of Conduct and Performance for Classified Employees addresses the concept of progressive discipline and assists supervisors in working with employees to improve their performance. Supervisors would normally address first time minor or marginal performance issues through performance counseling and coaching. However, repeated and/or more serious performance or conduct issues may result in more severe disciplinary action, such as issuance of a Written Notice. The Acknowledgement of Extraordinary Contribution and Notice of Improvement Needed are not considered official documents and are retained in the supervisor's confidential file for use in completing the Annual Performance Evaluation. An Acknowledgement of Extraordinary Contribution, Notice of Improvement Needed or Written Notice may support an overall rating of Extraordinary or Below Contributor on the Annual Performance Evaluation; however, receipt of this documentation does not guarantee such a rating. 6.6 Completing the Performance Evaluation The supervisor must complete performance evaluations for non-probationary employees, along with the Individual Professional Development Plan (IPDP), and submit to Human Resources by the last workday in September. In completing the performance evaluation and arriving at an overall performance rating, the supervisor will take into consideration how successful the employee was in meeting the criteria established by the performance measures and the length of time the employee performed in their job. To support the overall rating of Extraordinary Contributor, an Acknowledgement of Extraordinary Contribution from the same performance cycle must be attached to the Annual Performance Evaluation when it is submitted to Human Resources. To support the overall rating of Below Contributor, an employee must have received at least one Notice of Improvement Needed or Written Notice during the same performance cycle. The Notice of Improvement Needed must be attached to the Annual Performance Evaluation when it is submitted to Human Resources. It is not necessary to attach a copy of the Written Notice, as it is already on file in Human Resources. An employee who receives an overall rating of Below Contributor must be re-evaluated within three months. If a Written Notice is used in place of a Notice of Improvement Needed to support a rating of Below Contributor, and the notice is subsequently removed pursuant to the Grievance Procedure, the performance evaluation must be modified accordingly. Employee absences due to compensatory time, overtime leave, Military Leave, Workers' Compensation, Family and Medical Leave and Short Term Disability must not influence the employee's overall performance rating. However, if an employee was absent from work for a significant portion of the performance year, the percentage increase may be impacted. 6.7 Conducting the Evaluation Meeting The purpose of the evaluation meeting is to provide the supervisor and employee an opportunity to discuss job performance and achievement of professional development goals during the previous performance cycle and plan for future performance objectives. The evaluation meeting requires careful planning and preparation on part of both the supervisor and employee. The supervisor must be prepared to discuss what input/feedback was considered in the employee's evaluation and the rationale for each of the individual and overall performance ratings. In addition, the evaluation meeting is the time for the employee and supervisor to determine at least one professional development goal for the upcoming performance cycle. If an employee disagrees with the performance evaluation, he or she will be given the opportunity to provide an explanation. The supervisor may change any ratings based on the information provided by the employee. If the supervisor decides to change a rating, the reviewer must be consulted before the change is made and must initial the change. At the end of the evaluation meeting the employee will write any comments and sign the form indicating that the results have been discussed. If the employee refuses to sign the evaluation, the supervisor must indicate this on the performance evaluation. 6.8 Overall Below Contributor Rating -- Performance Re-evaluation Plan Within 10 workdays of the evaluation meeting, working in conjunction with an HR Employee Relations Representative, the supervisor must develop a performance re-evaluation plan that sets forth performance measures for the next three months, and have it approved by the reviewer. At the conclusion of the re-evaluation period, if the employee's rating continues to be Below Contributor, the supervisor has several options including demotion, reassignment, reduction of duties or termination. It is the supervisor's responsibility to ensure that effort has been made for improvement and employee development before taking a final action such as demotion or termination. If the supervisor working in concert with an HR Workforce Analyst identifies another position within the time allotted for improvement that is more suitable for the employee's level of performance, then the employee may be reassigned or demoted. This will conclude the re-evaluation period. If this occurs, the employee will not be eligible for a performance increase. With a demotion, the employee's salary must be reduced by at least 5%. As an alternative to reassignment or demotion, the supervisor may elect to maintain the employee in his or her position and eliminate the duties that the employee was unable to successfully fulfill. This reduction in duties must be accompanied by a concurrent salary reduction of at least 5%. If the supervisor, reviewer and HR Employee Relations Representative determine that termination from employment is the proper action based on the re-evaluation, the employee will be terminated at the conclusion of the re-evaluation period. 6.9 Performance Increases The General Assembly and the Governor annually determine the statewide average performance increase for the university's workforce if state funds allow for such an increase. The university is not authorized to supplement the funding provided by the General Assembly and Governor for employee performance increases. The Commonwealth may implement a pay for performance program in which pay increases are tied to the employee's particular rating. The exact figure, which by percentage will be the same for all full-time employees with similar ratings, will be determined by the senior leaders working in conjunction with the university Compensation Committee and Human Resources. 6.10 Appeals When an employee disagrees with the evaluation and this cannot be resolved with the supervisor, the employee may appeal to the reviewer for reconsideration. The employee must make this appeal in writing within 10 workdays of the initial evaluation meeting. The reviewer will discuss the appeal with the supervisor and the employee. After discussion of the appeal, the reviewer must provide the employee with a written response within five workdays. The response will indicate the reviewer's conclusion of the performance evaluation. 6.11 Probationary Progress Reviews The supervisor must evaluate and provide structured feedback periodically to the new employee during the 12-month probationary period. A Probationary Progress Review will be completed at approximately 3, 6 and 9 months of the probationary period. Supervisors will receive electronic notifications from Human Resources when these reviews are due. In addition, at any time during the probationary period, the Probationary Progress Review may be used to document the employee's progress and to provide performance feedback. The final Probationary Progress Review should occur approximately three weeks prior to the completion of the probationary period. A copy of the Probationary Progress Review will serve as written notification that the probationary period has been satisfactorily completed. If a probationary employee is not notified of satisfactory completion or extension of the probationary period at the end of 12 months, it is understood that the employee successfully completed the probationary requirement. 6.11.1 Extension of Probationary Period The probationary period may be extended for up to six additional months for performance reasons or due to periods of leave with or without pay. However, the probationary period may not exceed 18 months, excluding periods of leave. Employees must be notified in writing when their probationary period will be extended. The extension of the probationary period must be documented on a Probationary Progress Review and must be approved by the reviewer. A copy of the completed Probationary Progress Review must be given to the employee. When a probationary employee transfers into a different position during the first six months of probation, the remainder of the probationary requirement must be completed. If an employee transfers into a new position during the last six months of the probationary period, the employee must complete the remainder of the probationary requirement, and the supervisor may elect to extend the probationary period not to exceed a total of 18 months. In all cases, the employee must be notified in writing when the probationary period is to be extended. 6.11.2 Performance Increases for Probationary Employees Probationary employees are not eligible for an increase that recognizes the completion of their probationary period. However, the university may provide a performance increase to probationary employees when the state is providing annual increases. Performance increases for probationary employees will be dependent on a Contributor rating and may be pro-rated based on the employee's hire date. Employees rated Below Contributor will not be eligible for a performance increase. 7. RESPONSIBILITIES The president, vice presidents, deans, associate/assistant vice presidents, directors, and particularly supervisors of classified employees are responsible for ensuring consistent application of the Performance Management Program and this policy, and for communicating the content to classified employees. All supervisors of classified employees are responsible for completing and submitting performance evaluations in accordance with established policies and procedures. Supervisors are also responsible for ensuring that each classified employee has a clear, accurate, up-to-date EWP. 8. SANCTIONS Employees who violate this policy are subject to discipline commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS Wage employees, administrative and professional faculty and instructional faculty are not evaluated under this policy. 10. INTERPRETATION The authority to interpret this policy rests with the president, and is generally delegated to the Director of Human Resources. Previous Version: June, 2012 Index of Terms Acknowledgement of Extraordinary Contribution |
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| 1502 | University Communications and Marketing | December 2013 | 1. PURPOSE Communications that are visually and editorially consistent create and maintain a strong cohesive institutional identity. To ensure that all official university communications preserve and promote a consistent image of the university while accurately conveying its message, this policy provides for the establishment of the James Madison University Identity System, found at http://www.jmu.edu/identity/index.shtml. The online version is the authoritative source for the JMU Identity System. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. 3. DEFINITIONS Official University Communications and Marketing:
James Madison University Identity System: 4. APPLICABILITY This policy applies to all James Madison University employees and other non-university personnel and/or contractors and vendors who prepare official university communications intended for external dissemination. 5. POLICY All official university communications and marketing must comply with all James Madison University Identity System standards. Employees who prepare official communications are responsible for the following standards specified in the university's identity system. 6. PROCEDURES 6.1 The Division of University Advancement Office of Communications and Marketing offers guidance and services to departments and offices to help ensure that all official university communications comply with the James Madison University Identity System, http://www.jmu.edu/identity/index.shtml. 6.3 The Office of Communications and Marketing coordinates all university interaction with news media and social media. Please refer to Policy #1508 - Media Relations and Social Media Publishing for more detailed policy and procedure information on dealing with news media and social media. 6.4 The Office of Communications and Marketing provides photographic images for official university communications, media relations and sports media relations activities, and other public relations uses. This office maintains the university's photography library and ensures that a broad base of high-quality images is on file. Please refer to Policy 1509 - Use of Images for more detailed policy and procedure information on using university images. 7. RESPONSIBILITIES It is the responsibility of the head of a unit to ensure that the information contained in an official communication is accurate and current, and that all official communications of that unit comply with James Madison University Identity System editorial and graphic standards and all other pertinent policies. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS This policy does not apply to the following:
10. INTERPRETATION
Index of Terms Advertising |
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| 1601 | Auditing Program/Charter | December 2012 | 1. PURPOSE Audit and Management Services was established by the Board of Visitors and president to provide an independent, objective assurance and consulting activity designed to add value and improve university operations. The department helps the university accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control and governance processes. This policy describes the general purpose, authority and responsibility of the office of Audit and Management Services. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The board has delegated the authority to manage the university to the president. 3. DEFINITIONS Institute of Internal Auditors (IIA) Internal Control
4. APPLICABILITY This policy applies to all university departments, activities and personnel. 5. POLICY It is the policy of the university to support the internal auditing program established by the Board of Visitors and president. The program will comply with the International Standards for the Professional Practice of Internal Auditing established by the IIA. 6. PROCEDURES 6.1 Independence and Objectivity Audit and Management Services will be independent, in organization and in function, from all university divisions. The Director of Audit and Management Services reports directly to the Audit Committee of the Board of Visitors and administratively to the president. The director will meet quarterly with the Audit Committee to report on activities of the department. In addition, the director will meet privately with the Audit Committee as needed. Audit and Management Services personnel will have complete, free and unrestricted access to all university departments, activities, records, properties and personnel necessary for the completion of audits or special projects. When appropriate, special arrangements will be made for the examination of confidential information. In addition, Audit and Management Services personnel must maintain objectivity and, therefore, will not be unduly influenced in selecting audit procedures, reporting and performing investigations. The director will be responsible for reporting situations that impair independence and objectivity of the audit staff to the president and the Audit Committee. In order to maintain independence and objectivity, Audit and Management Services personnel will not:
6.2 Proficiency and Due Professional Care Audit staff will possess the knowledge, skills and other competencies needed to perform their individual responsibilities. Each auditor will be required to obtain forty hours of continuing education each year to maintain professional proficiency. In addition, the department will collectively possess or obtain the knowledge, skills and other competencies needed to perform its responsibilities. The audit staff will apply the skill expected of a reasonably prudent and competent internal auditor. Auditors should be alert to the significant risks that might affect university goals and objectives, operations or resources. However, audit assurance procedures alone, even when performed with due professional care, do not guarantee that all significant risks will be identified. 6.3 Scope of Work The scope of work of Audit and Management Services is to determine whether the university's network of risk management, control and governance processes, as designed and represented by management, is adequate and functioning in a manner to ensure:
A risk-based audit plan will be utilized to accomplish the scope of work. 6.4 Risk-Based Audit Plan Audit and Management Services will develop a risk-based annual audit plan, which will be approved by the Audit Committee. In addition, Audit and Management Services will inform the president and each vice president, prior to each fiscal year, of the audits scheduled for that year. Modifications may be made to the annual audit plan, based on management requests or new circumstances that come to the attention of Audit and Management Services. All modifications will be approved by the Audit Committee. Frequency of a particular audit is ordinarily determined by the risk associated with the audit area. A formal risk assessment will be maintained for each audit area and used to develop the annual audit plan. In addition to the risk-based audits, the annual audit plan should include, to the extent practicable, time for special projects and follow-up audits. The director will report semiannually to the Audit Committee on accomplishment of the annual audit plan. 6.5 Audit Process and Report Issuance The director will be responsible for maintaining a departmental policies and procedures manual that will govern the performance of audits. All work papers will be reviewed to ensure quality. Opportunities for improving internal controls, compliance and financial management may be identified during audits. At the conclusion of test work (last phase of the audit), a draft report will be submitted to the department head and the assistant vice president (or dean), and a meeting will be held to discuss the report. After the meeting any necessary revisions to the report will be made and a revised draft will be sent to the department head, with the assistant vice president (or dean) receiving a copy. At that time the department head will be asked to provide, within one week, written responses to the report recommendations. Possible responses include the development of an action plan (with an estimated completion date) or acceptance of risk. However, risks which jeopardize compliance with laws and regulations generally cannot be accepted. Once responses are received, the draft report (with responses included) and an executive summary will be forwarded to the responsible vice president, with the department head and assistant vice president (or dean) receiving copies. Unless contacted by the vice president within one week, the final report will be issued. The original report will be sent to the president, and copies will be distributed to the Audit Committee, vice president, assistant vice president (or dean) and department head. The final audit report will include an opinion on the adequacy and effectiveness of internal controls for areas reviewed, possible recommendations to establish compliance and establish or enhance controls, and management responses to the recommendations. Audit reports are prepared to assist the president and administration in their decision making. Therefore, report distribution will be restricted to individuals who are organizationally responsible for the activity. 6.6 Follow-up Review Audit and Management Services will perform follow-up reviews after audit reports are issued to determine the status of corrective action plans. A follow-up report will be submitted to the department head and assistant vice president (or dean) at the conclusion of each follow-up review. In addition, the results of individual follow-up reviews will be included in action plan status reports, which will be periodically submitted to the vice presidents, president and Audit Committee. 6.7 Coordination with External Auditing Agencies The director will coordinate the department's audit efforts with the Auditor of Public Accounts and other external auditors. It may be necessary under certain circumstances to request audits from external sources. After approval by the president, these requests will be coordinated through Audit and Management Services. The director will help ensure that external auditors have access to appropriate personnel and information that is relevant, complete and accurate. Additionally, Audit and Management Services will strive to minimize the time required by visiting auditors and limit disruptions to the conduct of normal business. A copy of all audit reports issued by external auditors and responses to those reports will be provided to Audit and Management Services. Audit and Management Services may also perform appropriate follow-up on significant findings and provide status reports on implementation to the vice presidents, president and Audit Committee. 6.8 Implementation of New Systems and Major Modifications to Existing Systems It is the responsibility of university management to establish adequate internal controls when information systems containing critical or sensitive information are implemented or modified. Upon request, Audit and Management Services may provide consulting or advisory assistance to university officials involved with implementing controls for systems. 6.9 Management and Quality Assurance Audit and Management Services will comply with the International Standards for the Professional Practice of Internal Auditing established by the IIA, and every member of Audit and Management Services will comply with the Code of Ethics promulgated by the IIA. In addition to an ongoing, internal quality assurance program, an external quality assurance review will be performed at least once every five years (or at the discretion of the Audit Committee) by a qualified, independent reviewer. 7. RESPONSIBILITIES The Director of Audit and Management Services is responsible for:
Academic and administrative department heads are responsible for:
Vice presidents are responsible for approving action plans included in audit reports and have ultimate responsibility for implementation of the action plans. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS None 10. INTERPRETATION The authority to interpret this policy rests with the Board of Visitors and is generally delegated to the Director of Audit and Management Services. Previous version: February 2012 Index Terms Audit |
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| 1507 | Academic Coursepack Service | November 2010 | 1. PURPOSE The university's Academic Coursepack Service (ACS) has been established within the university's copy center as a centralized service for providing the means for university faculty, staff and students to obtain copyright permissions and to collect and pay royalty fees and publishers' payments for the use of copyrighted material. The authorizations and fees for this service apply to the making of photocopies and photocopy anthologies for sale and/or distribution to the university community. This policy is designed to ensure compliance with current federal laws and regulations prohibiting copyright infringement. 2. AUTHORITY 3. DEFINITIONS Requester: User: 4. APPLICABILITY 5. POLICY Copyright laws apply to reproduction, email, translation, on stage enactment and postings on the internet. 6. PROCEDURES 6.5 All Coursepacks are sold through the JMU Bookstore. The Copy Centers typically produce only 80% of the class enrollment to avoid waste and additional copies are produced within 24 hours. 7. RESPONSIBILITIES 8. SANCTIONS 9. EXCLUSIONS 10. INTERPRETATION Previous Version: January, 2009 Coursepack Copy Center Copyright Copying |
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| 1206 | Contingency Management for Technology-based Information Systems | April 2012 | 1. PURPOSE This policy establishes the requirement for departments to create and maintain written contingency management plans for all information-based systems/applications that support critical functions. 2. AUTHORITY The president has charged Information Technology (IT) with managing the university's technology-based information systems; therefore, IT has the authority to establish policies related to that responsibility. 3. DEFINITIONS Business Impact Analysis: Critical functions: Information system:
Contingency Management Plan: System Owner: 4. APPLICABILITY This policy applies to all critical functions supported by technology-based information systems, applications or services. 5. POLICY Departments must have contingency management plans in place and detail how critical functions will be performed should a contingency event result in the absence of normal facilities, information resources or personnel. IT must have a contingency management plan for the central computing facilities and the communications network. The plans will also outline the procedures to be used for returning to a normal operating environment. The development and maintenance of contingency management plans must adhere to university policies and standards including that all or part of the plans' contents be tested annually to ensure that they are complete, current and workable. Testing should be done in a manner that will not interfere with the normal quality of university services. 6. PROCEDURES Adequate contingency management plans must be developed and maintained for all technology-based information systems that support critical functions The contingency management plans must be reviewed, tested and updated at least annually and all personnel affected by the plan adequately trained on the content and operation of the plan. 7. RESPONSIBILITIES 7.1 Division heads are responsible for identifying critical functions within their divisions that are supported by technology-based information systems. Division heads are also responsible for:
7.2 Deans, directors and academic/administrative unit heads are directly responsible for:
7.3 The division heads shall decide the criticality of functions and/or assignment of responsibilities that are disputed or not organizationally apparent. The Assistant Vice President for Information Technology is responsible for identifying the technology resources that support critical functions, for developing contingency plans for critical technology-based information systems and for representing information technology within the broader continuity of operations/emergency planning context. 7.4 Development of contingency management plans for central information systems is a shared responsibility. IT is responsible for the central computing facilities and the communications network. The system owner is responsible for the contingency management plans and alternate procedures necessary to sustain functionality during the recovery period. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination from employment. 9. EXCLUSIONS This policy does not refer to manual systems. 10. INTERPRETATION Previous Version: September, 2010 Index Terms Contingency Management |
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| 1322 | Probationary Period for Classified Employees | July 2012 | 1. PURPOSE To establish the university's policy for the mandated probationary period for all classified employees. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. STATE OR FEDERAL STATUTE AND/OR REGULATION This policy is written in keeping with Virginia Department of Human Resources Policy 1.45 Probationary Period. 3. DEFINITIONS Probationary Period Probationary Progress Review Form 4. APPLICABILITY This policy applies to all classified employees. 5. POLICY It is the university's policy to require all classified employees to satisfactorily complete a 12-month probationary period as a prerequisite to continued employment with the university. 6. PROCEDURES 6.1 New employment/Re-employment Employees who are hired/re-hired into a classified position must serve a 12-month probationary period effective from the date of employment/re-employment. 6.2 New probationary period A person who is selected for a position that requires certification following completion of a prescribed training program must complete a new probationary period. Recruitment announcements for positions that require new probationary periods must include this requirement. Offer letters or other written employment notification also must include information about the additional probationary requirement, as appropriate. An employee who is promoted into a higher position that requires serving another probationary period shall be offered to be returned to his/her previous position or an equivalent vacancy if the probationary period is not completed for any reason other than misconduct (Code of Virginia §2.2-2812). 6.3 Reasons for extending the probationary period Probationary periods may be extended for up to 6 additional months for performance reasons. Probationary periods must be extended when probationary employees are on any leave with or without pay for more than 14 consecutive calendar days. Leaves requiring extension of the probationary period may include:
Extensions shall include the first 14 days of absence, as well as those days in excess of 14, up to the date an employee returns to work. The total probationary period may not exceed 18 months, excluding periods of leave with or without pay. 6.4 Change in position during the probationary period When a probationary employee moves to a different position during the first 6 months of the probationary period, the remainder of the 12-month requirement must be completed. (However, the probationary period also may be extended for performance or leave reasons as described above.) If an employee moves to a new position during the last 6 months of the probationary period, the employee's probationary period may remain as the original 12 months, or may be extended so that the new supervisor has the benefit of the full 12-month probationary period. However, the total time served in probationary status may not exceed 18 months (excluding any periods of leave that exceed 14 consecutive calendar days as described above.) 6.5 Employee Notification of Extended Probationary Period Employees must be notified in writing on the Probationary Progress Review form if their probationary periods will be extended beyond the initial 12 months. Extensions must be approved by the reviewer. 6.6 Probationary Progress Reviews During the Probationary Period
6.7 Additional Documentation of Work Performance Documentation other than the Probationary Progress Review, such as any memoranda or an interim evaluation, is not official documentation of performance and should be kept in a confidential file separate from the employee's personnel file. 6.8 Termination or Disciplinary Action If the university determines at any time during the probationary period that an employee is not suited for the job and unable to improve satisfactorily, the employee should be terminated or allowed to resign at the discretion of the university. Notification of termination should be issued in writing. If notification must be made by mail, it is recommended that it be sent by certified or registered mail. Records related to termination shall reflect "unsatisfactory performance during the probationary period" or "resignation." Probationary employees do not have access to the State Grievance Procedure to grieve a termination or disciplinary action. Any employee, including a probationary employee, who claims that termination, or other disciplinary action, was based on race, sex, color, national origin, religion, age, genetic information, sexual orientation, disability, veteran status, parental status, or political affiliation may file a discrimination complaint with JMU's Office of Equal Opportunity or the Office of Equal Employment Services of the Department of Human Resource Management. 6.9 Completion of Probationary Period The supervisor should meet with the probationary employee 3 weeks prior to completion of the 12-month probationary period and provide the employee with a completed Probationary Progress Review. If a probationary employee works beyond a 12-month period without being notified (1) of satisfactory completion or (2) that the probationary period was extended, the employee will be regarded as having successfully completed the probationary requirement. Satisfactory completion of the probationary period does not result in the employee's receiving a guarantee of continued employment, but entitles the employee to certain rights as set forth in university policies. There are no automatic pay increases as a result of completion of the probationary period. 6.10 Performance Increases Pay for performance increases for probationary employees, when available, must be based on the employee's most recent Probationary Progress Review rating. The rating must be at the Contributor level to be eligible for a performances increase, which when funded, becomes effective on November 25. 7. RESPONSIBILITY The Director of Human Resources is responsible for the consistent application of this policy. The Director of Human Resources, as well as vice presidents, deans, directors and department heads are to ensure that probationary employees are informed of this policy. In addition, vice presidents, deans, directors and department heads are responsible for their department's adherence to this policy. Questions related to the application of this policy should be directed to a Human Resources Service Center Representative. Supervisors are responsible for conducting effective interim performance evaluation meetings at 3, 6, 9 months, as well as 3weeks prior to the end of the probationary period. Human Resources is responsible for reminding supervisors that reviews are due, as well as maintaining completed probationary progress review forms. 8. SANCTIONS Sanctions will be commensurate with the severity and frequency of the offense and may include termination. 9. EXCLUSIONS This policy does not apply to wage employees, instructional or administrative and professional faculty. Employees who have completed a probationary period during their current employment, and who begin a new classified position with no break in service, are not required to serve a new probationary period. unless they fall within the guidelines of 6.2 (positions that require a new and/or extended probationary period.) 10. INTERPRETATION The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources. Previous Version: October, 2011 Index of Terms Probationary Period |
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| 5103 | Naming Opportunities | February 2006 | 1. PURPOSE 2. AUTHORITY 3. DEFINITIONS 4. APPLICABILITY 5. POLICY 6. PROCEDURES 7. RESPONSIBILITIES 8. SANCTIONS 9. EXCLUSIONS 10. INTERPRETATION |
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| 1333 | Retirement Incentive Plan for Faculty | December 2013 | 1. PURPOSE This policy exists to describe the James Madison University Retirement Incentive Plan for Faculty. The James Madison University Retirement Incentive Plan for Faculty provides supplemental retirement benefits to participating faculty members to meet critical university objectives. The objectives of the plan include:
2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. STATE OR FEDERAL STATUTE AND/OR REGULATION The university's Board of Visitors (Board) has adopted the James Madison University Supplemental Retirement Plan for Faculty (SRPF), and its terms are consistent with this policy. The Board has given the President of the university the authority to execute the SRPF and any amendments required by the Internal Revenue Service in order for the SRPF to gain qualified status, provided said amendments are consistent with this policy. 3. DEFINITIONS Administrative & Professional Faculty (A&P faculty) Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3). Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, university life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized. Contractual Right to Employment Early Retirement Instructional Faculty Supplemental Retirement Plan for Faculty (SRPF) 4. APPLICABILITY This policy applies to instructional and A&P faculty members. To be eligible to be a participant under the plan, a faculty member must:
5. POLICY Participation in the plan is voluntary for both the university and the faculty member. With the approval of the president the university may exercise its discretion to extend an offer of early retirement to an eligible faculty member when such an offer is strategically intended to enhance the university's achievement of its mission. 6. PROCEDURES 6.1 Selection of Participants 6.2 Retirement Contract
6.3 Annual Payments 6.4 Qualified Defined Benefits Plan 7. RESPONSIBILITIES The president is responsible for approving individual early retirement offers. Deans, directors and Vice Presidents are responsible for identifying candidates for the Retirement Incentive Plan and making recommendations to the president. The Human Resources Benefits Team is responsible for managing the Retirement Incentive Plan for Faculty (RIPF) contracts and providing one-on-one counsel with applicable faculty members. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS This policy excludes any and all employees who do not meet the criteria as established in Section 4 above. 10. INTERPRETATION The authority to interpret this policy rests with the president, and is generally delegated to the Director of Human Resources. Previous Version: March, 2012 Index of Terms Early Retirement |
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| 1311 | Personnel Action Request Form (PAR) | December 2011 | 1. PURPOSE
7. RESPONSIBILITIES |
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| 1503 | Space Management | February 2011 | 1. PURPOSE Physical facilities must be managed in a manner that best supports the university's mission and provides for the efficient utilization of the university's limited supply of space. This policy establishes procedures for (1) allocating and assigning space to and between departments and operating units of the university; (2) maintaining an inventory of space and numbering rooms, and; (3) dealing with space emergencies which might arise as a result of facility construction, renovation, or disaster. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 12-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president. 3. DEFINITIONS 4. APPLICABILITY 5. POLICY No department or operating unit owns the space it occupies or uses. Changing requirements may dictate that space be reallocated from one unit to another. Moreover, departments or units moving into new facilities may not retain control over their old facilities. The vice presidents establish priorities for space within their respective divisions and manage the allocation of space to and between departments and units in their divisions. Intradivisional space allocation decisions will be made at the division level, with ultimate authority resting with the vice president. Heads of departments and operating units control the use and occupancy of the space assigned to their departments or units. The assignment and reassignment of departmental priorities on classrooms is determined in consultation with the Provost. The Provost is the final authority regarding class scheduling and the assignment of priorities on classrooms. The Senior Vice President for Administration and Finance is the final approval and appeal authority for space allocation transactions other than the assignment of priorities on classrooms. 6. PROCEDURES 6.2 Space Inventory And Room Numbering 6.3 Classrooms 6.4 Emergencies
In dealing with space emergency situations, the Associate Vice President Business Services will give consideration to the possible use of all physical resources available to the university, irrespective of their current assignment. It may be necessary to temporarily reassign space used by one activity to meet the needs of other activities in order to maintain the integrity of the total university program. Once a plan of action has been approved by the Senior Vice President for Administration and Finance, the AVP/BS will be responsible for coordinating the actions necessary to implement the plan. 7. RESPONSIBILITIES The Provost is responsible for class scheduling and the assignment of priorities on classrooms. The Senior Vice President for Administration and Finance is responsible for space allocation transactions other than the assignment of priorities on classrooms. Heads of departments and operating units are responsible for the use and occupancy of the space assigned to their departments or units. 8. SANCTIONS 9. EXCLUSIONS None. 10. INTERPRETATION Previous version: March, 2009 Index Terms |
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| 1303 | Provisions for Granting Overtime and Compensatory Leave | October 2013 | 1. PURPOSE This policy establishes an overtime and compensatory leave policy at James Madison University as provided by the Fair Labor Standards Act (FLSA) which applies to all JMU employees. The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The board has delegated the authority to manage the university to the president. STATE OR FEDERAL STATUTE AND/OR REGULATION Fair Labor Standards Act Non-Exempt Employee 4. APPLICABILITY
7. RESPONSIBILITIES Previous version: December, 2011 |
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| 1321 | Criminal History Investigation | February 2012 | 1. PURPOSE This policy is intended to protect the university's interests and the well-being of its students, staff and faculty and the public. This policy establishes parameters for criminal records checks on individuals who are offered employment at the university. Convictions disclosed or discovered in the employment process may influence the selection of the applicant where the conviction is job-related or such that the university deems the employment of the individual poses high risk to the university community. 2. AUTHORITY The Board of Visitors has the authority to enact personnel policies for all university employees. Where the board has not exercised this authority, it is delegated to the president. 3. DEFINITIONS Conviction Crime Criminal Records Check 4. APPLICABILITY This policy applies to all university employees unless otherwise noted. 5. POLICY 5.1 Criminal Records Checks All newly hired or rehired (any individual whose rehire date exceeds one year from the termination date or those who are rehired less than one year from the termination date and have not previously had a criminal records check conducted) full-time and part-time employees will undergo a criminal records check. The provisions of this policy also apply to temporary wage positions that are exempted from the normal competitive recruitment process. 5.2 Falsification of Information The determination of falsified criminal history information on the application or in the hiring process will normally result in denial of or separation from university employment. 5.3 Individuals Identified as Potentially Having Job-Related or High Risk Criminal Histories A criminal records check may also be conducted for individual employees who have disclosed potentially job-related or high risk criminal histories after being hired, or who have been reported as potentially having job-related or high risk criminal histories by any source after being hired. If it is determined that the job-relatedness or nature of the crime poses an unacceptable risk to the university community, the offer of employment will be rescinded, the individual will be separated from the university or the individual will not receive and offer of employment. 5.4 Job Application/Interview The staff application for employment requires an applicant to describe any convictions for violation(s) of law, including moving traffic violations. While the faculty profile does not include a disclosure statement, both faculty and staff applications include a statement certified by the applicant as to the truthfulness of the report. It is acceptable and appropriate to inquire about convictions, but not arrests, during the interview process. Hiring officials should review the conviction disclosure statements on the staff employment applications of interviewed candidates. Hiring officials should inquire about any reported convictions during the interview. Any information about reported convictions, as well as any information about falsification of information, must be communicated to the HR Service Center for further investigation and appropriate action. Individuals who do not disclose all required convictions on the application will normally be excluded from the selection process up to and including rescinded offers of employment. Convictions disclosed on the application or during the employment process will not be considered in the selection decision if they have been determined to be neither job-related nor high risk. 5.5 Additional Background Investigations The university reserves the right to conduct criminal background investigations when an employee is charged with any crime that reflects on his/her suitability for continued employment, during the course of an administrative investigation, when the employee is transferred or hired into a new position, or when circumstances are identified that warrant further investigation. 6. PROCEDURES 6.1 Communication of Policy The provisions of the criminal history investigation policy will be communicated to applicants and employees using the following methods:
In addition, members of the HR Service Center will be available to discuss the provisions and procedures of the policy with supervisors, employees and applicants. 6.2 Initiating the Criminal History Check The selected candidate must complete a release form during their Onboard session. The HR Service Center will contact the department with the results if the investigation reveals a job-related or high-risk criminal history record. The university reserves the right to conduct checks on the widest scope possible. Normally, criminal history investigations will include a criminal felony and misdemeanor court search based on a social security trace over the past seven years and a national sex offender registry search as well as other appropriate sources of background information. Any information related to criminal history will be maintained in the strictest confidence possible. Only essential personnel involved in the hiring process (including the administrative line up to the president), the individuals involved in the assessment of job-relatedness or high risk nature, and the police and audit departments should be informed of information on the criminal background of an individual employee or applicant on a need-to-know basis. 6.3 Determination of Job-related or High Risk Convictions The HR Service Center will initially review the criminal records check to determine job-relatedness or high-risk nature. If the individual has convictions that are job-related, the university will normally deny employment. The determination to deny employment will be made by the hiring authority, in consultation with Human Resources, and the administrative line, up to and including the president, in accordance with the policy. The decision to employ an individual with a job-related conviction requires the approval of the appropriate division head or the executive assistant to the president. If the individual has convictions that are deemed high risk in nature, the hiring authority in consultation with Public Safety, Faculty/Staff Assessment Team (F/SAT), Human Resources, and the administrative, line up to and including the president will make the final decision to employ or retain the individual. The decision to employ an individual with a high risk conviction requires the approval of the appropriate division head. In making the determination of job-relatedness or high risk nature, the hiring department will consider how recently the conviction occurred; the frequency and severity of the crime(s); and the age of the individual at the time the crime was committed. The safety and security of the campus community is the university's foremost consideration. 6.4 Preliminary Offers Departments may make an offer of employment to the selected candidate; however, the offer is contingent on the results of the criminal records check. The HR Service Center will contact the department with the results of the criminal records check as soon as possible if a questionable record is discovered. In some cases, job offers may be delayed until the results of the checks are received. If the employee commences work before the results of the criminal records check have been received, the offer letter will note that the continuation of employment is contingent on the results of the check. 6.5 References JMU Policy 1320 provides more information regarding the hiring of classified and wage employees, including the university's policy on reference checks. JMU Policy 2101 provides more detailed information regarding the hiring of faculty. 7. RESPONSIBILITIES Hiring supervisors are responsible for adherence to this policy, including communicating it clearly to job applicants. The HR Service Center is responsible for the management of this policy, including overseeing the criminal records check process and reporting results. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination. 9. EXCLUSIONS Criminal history checks will not be conducted by Human Resources on:
10. INTERPRETATION Authority to interpret this policy rests with the president but is delegated to the Director of Human Resources. Previous Version: July, 2010 Index Terms |
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| 1336 | On-Call Status and Compensation | February 2011 | 1. PURPOSE To establish a consistent procedure to identify and compensate classified employees who are required by the university to respond to emergency or essential work situations related to their official duties and responsibilities. 2. AUTHORITY This policy is in compliance with the Fair Labor Standards Act (29 U.S.C. 201, et seq.) which outlines specific employment policies including overtime and on-call stipulations. 3. DEFINITIONS Call-Back Status Essential Work Exempt Employee Non-Exempt Employee On-Call Status 4. APPLICABILITY This policy applies to all non-exempt classified employees who are working in a position that requires their availability to be called back to work in response to emergencies or work that is deemed essential, and that is related to official duties and responsibilities. It also applies to the manager of any department with at least one classified employee required to be on on-call status. 5. POLICY The university maintains specific requirements and procedures related to compensation for positions that require on-call status. 6. PROCEDURES Restricted On-call Status Unrestricted On-call Status Call-Back Pay 7. RESPONSIBILITIES Supervisors of classified employees in an on-call status are responsible for strict adherence to this policy. Directors of departments with employees in on-call status are responsible for regularly monitoring department practices to ensure compliance with this policy. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS Exempt employees who are on-call or called back to work are not compensated for hours worked nor granted compensatory time. 10. INTERPRETATION The authority to interpret this policy rests with the president, and is generally delegated to the Director of Human Resources. Previous version: March 2009 Index of Terms |
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| 1211 | Information Technology Accessibility | June 2011 | 1. PURPOSE This policy is established to support the James Madison University community in promoting equal access opportunity to information technology by the application of accessibility standards, guidelines, training, tools and methods consistent with higher education. The aim is to provide this opportunity in a setting that fosters independence and meets the guidelines of the Americans with Disability Act (ADA) and the Rehabilitation Act of 1973. This policy sets forth accessibility standards and guidelines that reflect best practices for achieving the accessibility of information technology for use by persons with disabilities. The Commonwealth of Virginia Restructured Higher Education Financial and Administrative Operations Act of 2005 grants institutions additional authority over financial and administrative operations, on condition that certain commitments to the Commonwealth are met. Chapters 824 and 829 of the 2008 Virginia Acts of the Assembly and JMU's Memorandum of Understanding with the Commonwealth provide full delegated responsibility for management of the institution's information technology architecture, infrastructure and ongoing operations, of which IT accessibility is a part. This delegation includes the authority to conduct these activities in accordance with industry best practices appropriately tailored for the specific circumstances of the university, in lieu of following Commonwealth-determined specifications. This policy documents the industry best practices with which the university will align its IT accessibility activities. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 12-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president. 3. DEFINITIONS Accessibility: 4. APPLICABILITY This policy is applicable to colleges, departments, auxiliaries, research and administrative entities with the Information Technology organization supporting the programs or services of the university. 5. POLICY The procurement, development and/or maintenance of information technology and user support services for persons with disabilities will be aligned with accessibility standards specified in Section 508 of the Rehabilitation Act and "Web Content Accessibility Guidelines" from the World Wide Web Consortium (W3C), appropriately tailored to the specific circumstances of the university. Accessibility standards must be designed to evolve and change, as newer technologies are introduced and user needs change. At the same time, the standards will maintain a consistent framework for accessibility training and support services. University information technology development, maintenance, training and support personnel who are responsible for information technology procurement, programs and services will possess professional credentials and/or an appropriate level of technical knowledge and experience related to accessibility standards for persons with disabilities. 6. PROCEDURES 6.1 An overview of the university accessibility standards, guidelines, training, tools and methods is available at http://www.jmu.edu/computing/policy/. 6.2 To learn more about accessibility issues related to this policy, please refer to the following: U.S. Government - Americans with Disability Act and the Rehabilitation Act of 1973 Section 504 U.S. Government - the Rehabilitation Act of 1973 Section 508 standards (http://www.section508.gov/index.cfm?FuseAction=Content&ID=12) The World Wide Web Consortium (W3C) (http://www.w3.org/) is an international organization that develops inter-operable technologies (technologies that can communicate with each other), e.g., specifications, guidelines, software and tools, to lead the Web to its full potential. W3C is a forum of information, commerce, communication and collective understanding. Of particular relevance are the Web Content Accessibility Guidelines 1.0 (http://www.w3.org/TR/WAI-WEBCONTENT) Copyright © 1999 W3C (MIT, INRIA, Keio) and the Web Content Accessibility Guidelines 2.0 (http://www.w3.org/TR/2005/WD-WCAG20-20051123/) Copyright © 2005 W3C ® (MIT, ERCIM, Keio), All Rights Reserved. W3C liability, trademark and document use rules apply. 7. RESPONSIBILITIES Information Technology is responsible for the oversight of technology accessibility on campus. 8. SANCTIONS None 9. EXCLUSIONS None 10 INTERPRETATION Authority to interpret this policy rests with the president and is generally delegated to the assistant vice president for information technology. . Previous version: August, 2009 Index Terms Accessibility |
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| 1312 | Workers Compensation/Return to Work | July 2011 |
1.PURPOSE The purpose of this policy is to outline the university's plan for compliance with applicable Workers Compensation law, providing resources for employees who are injured on the job, and the reporting procedure for accidental injuries or occupational diseases arising out of and in the course of university employment. 2.AUTHORITY The university is charged with managing the treatment and the processing of employees work-related injuries or illnesses that are covered under the Virginia Workers' Compensation Act § 65.2-100and the Governor's Executive Order 52 (94). The Americans with Disabilities Act Amendments Act, and the Family and Medical Leave Act also may be related to the execution of this policy. 3.DEFINITIONS 4.APPLICABILITY This policy applies to all employees. 5.POLICY James Madison University is committed to providing a working environment that is free from recognized health or safety hazards. In the event of an accidental injury or occupational illness, the university will work to balance the needs of the employee and the organization by providing restricted duty assignments when possible for up to a 90-day period. The university will analyze accidents and illnesses with the intention of gaining knowledge to assist in avoiding future accidents or occupational illnesses. Wage employees are not eligible for the additional supplement. Employees may be eligible for Family and Medical Leave as detailed in Policy 1308 - FMLA. 6.1 Accidents or illnesses must be reported to the Workers Compensation Coordinator by using the following method: 6.2 If the injury/illness is serious in nature:
6.3 If medical attention is needed, but the injury/illness is not life threatening:
6.4 First Aid/For Record Only:
6.5 Accidents while traveling 7. RESPONSIBILITIES Employee Responsibility:
Supervisor Responsibility:
Workers Compensation Coordinator Responsibility:
8. SANCTIONS 9. EXCLUSIONS 10.INTERPRETATION Previous version: April, 2009 Index of terms |
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| 1326 | Immigration Reform and Control Act | October 2013 | 1. PURPOSE The purpose of this policy is to ensure that the university complies with the Immigration Reform and Control Act (IRCA) in ensuring that all university employees' identity and eligibility to work in the United States are verified. The policy also sets guidelines for the university's responsibilities in hiring individuals who are not United States citizens or permanent residents, including the guidelines for payment of immigration fees necessary to employ such international workers at the university. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. STATE OR FEDERAL STATUTE AND/OR REGULATION The regulations of the U.S. Citizenship and Immigration Services (USCIS) are contained in Title 8 of the Code of Federal Regulations. 3. DEFINITIONS Asylee Break in Service EB-2 Category Federal Work-Study Fraud Prevention Fee Green Card H-1B Category Immigrant Resident Alien, or Lawful Permanent Resident) Immigration Fees Nonimmigrant OIP Passport PERM Refugee RTA U.S. Citizen U. S. Citizenship and Immigration Services (USCIS) 4. APPLICABILITY This policy applies to all employees of the university. This policy also pertains to all hiring departments and to all international employees beginning their employment in a temporary visa category. For more guidance, see the OIP website. 5. POLICY Under the Immigration Reform and Control Act (IRCA), when hiring, discharging, or recruiting or referring for a fee, employers with four or more employees may not:
The university will comply with IRCA by following the verification (Form I-9) requirements and treating all newly hired and rehired employees the same. JMU verifies the identity and certifies citizenship status of all newly hired and rehired employees, including United States citizens, on or before the employee's first day of work. All hiring authorities are required to coordinate the hiring of any person who is not a United States citizen or permanent resident through the OIP, before the offer of employment is extended. 6. PROCEDURES 6.1 The Act requires employers to have their employees complete Section 1 of the Form I-9 no sooner than a job offer has been accepted and no later than the first day of employment. For Form I-9 purposes, an employee's first day of employment is the first day that the employee is physically present on campus and performs work for the university. For employees who work off-campus, the first day of employment is the first day that an employee performs work for the university. The Form I-9 for departments hiring student employees is available at the following link http://www.jmu.edu/stuemploy/wm_library/2013_USCIS-New-Official-Form-I-9.pdf. A representative from Human Resources or an HR authorized representative must examine the original document or documents the non-student employee presents and then fully complete Section 2 of the Form I-9. Documents examined must be originals, not photocopies and must include one document from List A, or one from List B and one from List C. For student employees, the hiring department must examine the original document or documents the student employee presents and then fully complete Section 2 of the Form I-9. Documents examined must be originals, not photocopies and must include one document from List A, or one from List B and one from List C. 6.2 All employees must have one of the following in place by their first day of employment:
6.3 Documents that may be used to verify identity and employment eligibility are listed on the last page of the Form I-9. The applicant may select which document(s) to present. 6.4 The university may not specify which document(s) an employee must present, provided the employee is able to complete the Form I-9 with qualified documents from List A or List B and List C. 6.5 For Form I-9 purposes, a break in service is considered any temporary discontinuation of employment that lasts longer than one year. When an employee has a break in service from the university, the rehired employee must complete a new Form I-9 by the first day of employment following the same procedures noted in sections 6.1 through 6.4 of this policy. (Note: Human Resources or SWEC may require a rehired employee with a break in service of less than a year to complete a new Form I-9 when the Form I-9 on file with Human Resources or SWEC contains errors.) 6.6 A hiring official who has determined that a position will be offered to an individual who is not a United States citizen or permanent resident must contact the OIP before making the offer to arrange for the appropriate documents to be filed by that office in support of the immigration documentation of the new employee. Various federal regulations (see 20 CFR §656.12(b) and 20 CFR 655.731(c)(9)) apply to the responsibilities of an employer in hiring individuals who are not United States citizens or permanent residents, and require the employer to pay certain fees associated with the filing of immigration documents in order to employ these individuals. By law, employers must take certain responsibilities in hiring these individuals, and some of the fees associated with these regulations may not be passed on to the employee. Other fees associated with the filing of immigration documents may legally be borne by either the employer or the employee. The OIP will determine which fees will be paid by the university and which fees must be borne by the employee. 6.6.1. Payment will be made by the OIP to the Department of State, the Department of Homeland Security, or other government agency to pay the necessary fees. The funds will be drawn for any employee in a position requiring either a temporary visa or permanent resident status. The cost of the payment will be shared between OIP, the department and the employee as determined by OIP. 6.6.1.a. All immigration fees associated with H-1B and PERM filing for tenure-track faculty positions will be borne by the university and may not be passed on to the employee, assuming the PERM processing is under the EB-2 category. Should the international employee be interested in filing for his/her permanent residence in a category other than EB-2, s/he will be required to bear the cost on his/her own unless special permission is received from the OIP following a recommendation by the hiring department. 6.6.1.b. All immigration fees associated with obtaining appropriate dependent status for dependents of the employee will be borne by the employee. 6.6.1.c. All immigration fees associated with H-1B filing for non-tenure track faculty and other professional positions will be borne by the university. Fees may not be passed on to the employee. 6.6.1.d. The H-1B Fraud Prevention Fee will be borne by the OIP. This fee may not be passed on to the employee. 6.6.1.e. Should the employee elect to hire an attorney to file his/her own petition for the green card (Permanent Resident Card), the OIP will cooperate with that attorney, but attorney fees will be paid by the employee. 6.62. Should any question arise as to the appropriateness of a payment of any immigration fee not specified here, the OIP, along with the university's legal counsel, will make the decision about whether or not the fee should be paid by the university or the employee. If the OIP or other JMU department has a concern that any international employee is acting fraudulently or otherwise misusing this policy, the university reserves the right to refuse to make payments to any government office on behalf of that employee. 7. RESPONSIBILITIES Hiring supervisors are responsible for the timely notification to Human Resources of all newly hired and rehired non-student employees through the Onboard @ JMU process. Hiring authorities are also responsible for contacting the OIP before making a job offer to an individual who is not a citizen or permanent resident of the United States. Once notified by the hiring department, Human Resources is responsible for ensuring that each new non-student employee completes a Form I-9 correctly and timely. Non-student employees are responsible for accurately completing the Form I-9 with Human Resources on, or before their first day of employment. Departments hiring student employees are responsible for completing the Form I-9 with the student employee on, or before the first day of employment. OIP is responsible for completing the Form I-9 with student employees who are aliens authorized to work. The university is required to retain the Form I-9 for three years after the date of hire or one year after the termination date, whichever is later. Form I-9s must be available for inspection to the USCIS or Department of Labor upon request, and the Form I-9 must be on file in Human Resources for all non-student employees and on file in SWEC for all student employees at James Madison University. The OIP is responsible for the monitoring of the immigration status of all international employees on a temporary visa. The OIP will also file paperwork necessary to obtain H-1B status where necessary and, in most cases, will file the petition for green cards (Permanent Resident Cards) for the international employees in permanent positions that qualify for green card processing. The OIP is responsible for determining the cost sharing for the fees which must be paid. 8. SANCTIONS Failure to follow the requirements of this policy as stated will result in the termination of employment of the employee as specified. Other sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. Any office failing to comply with the requirements of this policy will be required to pay all fees and penalties from that office's budget and will not have access to funds from the OIP. 9. EXCLUSIONS This policy applies only to JMU student and non-student employees. . University affiliates, such as those employed by Aramark, Follett, Pitney Bowes, etc., are the responsibility of their particular employer. 10. INTERPRETATION The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources and the OIP. Previous Version: April, 2009 |
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| 1328 | Leave Sharing | July 2011 | 1. PURPOSE 2. AUTHORITY 3. DEFINITIONS Leave Sharing: Virginia Sickness and Disability Program (VSDP): 4. APPLICABILITY Full and part time classified employees who accrue leave and are not enrolled in VSDP are eligible to request donated annual leave under the terms of this policy. The policy also applies to employees enrolled in VSDP if the employee experiences an approved leave without pay due to a family member's illness or injury for which the employee is using Family and Medical Leave. An employee who has met all the criteria in order to receive leave sharing donations and is able to return to work on a part time basis may continue to receive donated hours to cover the hours s/he is unable to work. The cause of the on going absence must be for the same medical condition for which the employee had originally qualified for leave sharing. VSDP status does not affect one's eligibility to donate leave to the program. 5. POLICY Under the circumstances described below, the university will allow classified employees to share leave from existing annual leave balances. Eligible employees not covered under the Virginia Sickness and Disability Program may request donated annual leave as described in this policy if the employee:
6. PROCEDURES 6.1 Employees wishing to receive leave must initiate such requests by contacting Human Resources. Human Resources will then communicate the request to all potential donors, but will not reveal the identity of the requesting employee unless the employee gives his/her permission. In the event that an employee is physically or mentally unable to initiate a request through Human Resources, a family member or the supervisor may file the request. 6.2 For all purposes other than the receipt of salary, employees receiving donations through the Leave Sharing Policy shall be considered on leave without pay status (e.g., no accrual of annual or sick leave). 6.3 Donations to recipients shall be in the form of annual leave only. 6.4 Leave may be shared intra-agency and donations may be accepted from employees of other Executive Branch agencies. 6.5 Donors are not required to retain minimum balances of personal sick or annual leave, nor is there a limit on how many hours of annual leave may be donated. 6.6 Donations to a recipient shall be made in eight-hour increments. 6.7 Eligible recipients shall not be required to reimburse leave hours donated to them unless compensation is received from another source for the same period of time the employee received leave sharing hours, such as when monies are received from the leave share program and subsequently Workers' Compensation benefits are received retroactively for the same period of time;
6.8 Donors shall complete a Donor Form when contributing leave and submit it to Human Resources. 6.9 Leave donations can be reclaimed by the donor only if the Donor Form has not yet been processed. 6.10 Direct share hours will be prorated for part-time classified employees (e.g., if a classified part- time employee who works 20 hours per week receives 60 hours of donated leave, the donated leave will be paid to that employee at a rate of 20 hours per week). 6.11 Recipients shall have no balance of personal leave (annual, sick, compensatory, personal day, recognition leave) and shall have been placed on official leave without pay. 6.12 Use of leave under the program shall be for medical conditions defined as follows:
7. RESPONSIBILITIES An eligible employee is responsible for requesting donated leave by contacting Human Resources. In a case where the employee is unable to request leave, a family member or the employee's supervisor may submit a request. Donor employees are responsible for initiating the offer to donate leave by completing a leave donor form and submitting to Human Resources. Human Resources is responsible for coordinating the exchange of leave through this program. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS 9.1 Medical conditions resulting from the following will be excluded from eligibility for leave sharing benefits:
9.2 Employees are ineligible to use donated leave during the period of disciplinary suspension. 9.3 Wage employees and faculty (instructional and AP) are not covered by this policy. 10. INTERPRETATION The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources. Previous Version: November, 2009 Index of Terms |
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| 1313 | Recruiting, Selecting & Hiring Classified and Wage (non-student/part-time) Positions | September 2012 | 1. PURPOSE The purpose of this policy is to provide requirements for the recruiting and selection process for classified and non-student wage employees at James Madison University. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. STATE OR FEDERAL STATUTE AND/OR REGULATION This policy is written in conjunction with and under the authority of Virginia Department of Human Resource Management Policy 2.10 on hiring. The Americans with Disabilities Act Amendments Act (42 U.S.C. § 12101 et seq.) and Section 504 of the Rehabilitation Act (29 U.S.C. §791 et seq.) prohibit discrimination against a person with a disability in the offer or conditions of employment and in the participation or furnishing of services. James Madison University is obliged to provide reasonable accommodations to enable candidates to apply and interview for open positions. 3. DEFINITIONS JMU Only Open Recruitment Virginia Jobs 4. APPLICABILITY This policy applies to all persons involved in recruiting, selecting and hiring classified and wage employees at James Madison University. 5. POLICY The university will recruit, select and hire classified and non-student wage employees in accordance with federal and state law and university policies. To comply with these policies, to ensure that employment practices are effective and to provide equal employment opportunity, the following procedures must be observed in filling all classified and non-student wage positions. James Madison University provides equal opportunity with respect to all employment practices including employment interviewing and selection, and administers such practices without regard to race, sex, color, national origin, religion, age, genetic information, sexual orientation, disability, veteran status, parental status, or political affiliation or other information such as marital status that does not relate to the knowledge, skills and/or abilities of candidates. When requested, departments must provide reasonable accommodation throughout the application and selection process to persons with a qualified disability in accordance with the Americans with Disabilities Act. 6. PROCEDURES 6.1 Initial Steps Before beginning a recruiting and selection process departments should:
6.2 Advertising Departments should determine the recruitment strategy that best fits the department's needs. This may be done in collaboration with Human Resources. Job announcements must include the following:
Job announcements may also include the following:
Advertisements for all classified positions will automatically be placed:
Exceptions to the requirement for automatic advertisement placement are allowed for the following:
Departments may also choose to advertise in newspapers, journals, websites, or other print or electronic periodicals, etc. This can be done through the HR Service Center in the JMU Human Resources. Advertisements must meet all required Equal Employment Opportunity Commission regulations as previously mentioned. The university does not require non-student wage (part-time) positions be advertised. The departments may fill these positions without interviewing or screening applications. However, if a department chooses to conduct a formal search, the guidelines set forth in this policy must be followed. 6.3 Screening Positions may be posted for a fixed period of not less than five consecutive workdays (excluding weekends and holidays) from the posting date. When choosing a fixed period, a closing date must be included in the announcement. All applications received by the closing date must be considered. Positions may also be posted with an open-until-filled statement. If this method is chosen for a classified position, the announcement must be posted on the JMU JobLink recruitment system and the state's Virginia Jobs system for at least five consecutive workdays. Departments may either interview all applicants for a position or reduce the applicant pool by screening applications/resumes. Before screening applications, the hiring authority must choose up to five job-related criteria (as noted in 6.1 above) based on the Position Description (found in PositionLink). These job-related criteria should be included as qualifications in both the JobLink posting and in related advertisements. The HR Service Center is available to assist departments with screening. 6.4 Interviewing Interviews must be conducted for all advertised classified positions. An exception to this policy regards persons on layoff status. If a person in layoff status is minimally qualified for the position, no interview is required to make an offer of employment to that person. All candidates selected for an interview must be interviewed before an offer is made. However, departments are not required to reschedule interviews with applicants who were unable to make the initial scheduled interview. Interview questions should be developed before the interviewing process and all questions must be asked of each applicant interviewed. Questions should be job-related and based on knowledge, skills and abilities. Additional questions may be asked in response to statements or questions from the applicant, or to clarify information provided by the applicant. Interviews may be conducted by the hiring authority, persons designated by the hiring authority or by a selection panel. The following are expectations and responsibilities for selection panel members conducting interviews:
6.5 Reference and Criminal History Checks Reference checks are covered in detail in JMU Policy 1320 Providing and Obtaining Employment Reference Information. Criminal history checks are covered in detail in JMU Policy 1321 Criminal History Investigation. 6.6 Selection Reasons for non-selection of applicants must be specific and job related and for each applicant who is not selected a 'reason for non-selection' must be noted in JobLink. Using any of the following criteria as reasons for non-selection is prohibited by law and university policy:
Appropriate reasons for non-interview or non-selection may include any one or a combination of the following:
6.7 Hiring After the hiring authority, person(s) designated by the hiring authority, or the selection panel has completed reference checks and made a decision on the candidate who should receive an offer, the hiring authority should contact the JMU Human Resources to discuss the appropriate starting salary. After speaking with the appropriate human resources representative, the hiring authority may extend an offer of employment. When the offer has been made and accepted, the candidate and the hiring authority can determine a start date, and the hiring authority must then submit the Onboard Form to the Human Resources Service Center. The Employee Ombudsperson will send a welcome letter to all new classified employees. The selected candidate will be required to complete the Onboard process prior to the hire date. As part of the Onboard process the candidate must present appropriate documentation in a timely manner to comply with requirements of the Form I-9 and the E-Verify system. 6.8 Recruitment and Selection Records The recruiting process is one that is closely monitored by state and federal agencies. It is critical that the process for hiring employees at JMU reflect a commitment to hiring practices that do not discriminate on the basis of race, sex, color, national origin, religion, age, genetic information, sexual orientation, disability, veteran status, parental status, or political affiliation. For the protection of those involved in applying for positions, the information related to the recruiting and selection process shall be kept confidential. In addition, under the Virginia Freedom of Information Act (2.2-3700), agencies are not required to allow applicants to examine reference data or recommendation letters. Therefore, documentation of reference checks and information obtained should be maintained in strict confidence. 6.9 Documentation It is important to provide rigorous documentation for each selection. Therefore, all hiring supervisors of classified positions (and of wage positions when a competitive search has been conducted) are responsible for submitting all of the following documentation to JMU Human Resources within 14 days once a selection has been made:
RESPONSIBILITIES The HR Service Center in Human Resources coordinates the recruiting and hiring of classified and wage employees and oversees this policy. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. EXCLUSIONS This policy does not apply to the hiring of instructional or administrative and professional faculty. INTERPRETATION The authority to interpret this policy rests with the president and is generally delegated to the director of Human Resources. Previous Version: March 2009 Index of Terms Recruiting |
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| 1113 | Emergency/Disaster Leave | March 2011 | 1. PURPOSE This policy provides a method to grant up to 80 hours of paid leave annually to qualifying employees who are called away from their regular jobs to provide specific kinds of emergency services during defined times of state and/or national disaster or who need to attend to the medical needs of self and/or immediate family members when communicable disease of public health threat conditions have been declared by the State Health Commissioner and the governor. This policy also provides a method to grant up to 80 hours of paid leave annually to employees who are victims of disasters that meet the criteria specified in this policy. 2. AUTHORITY The Board of Visitors has the authority to enact all rules and regulations concerning the employment of individuals at the university. Where the board has not enacted rules, the authority is delegated to the president. 3. DEFINITIONS Affected Area: Communicable Disease of Public Health Threat: Emergency Services: Exceptional Circumstances: Immediate Family Member: Major Disaster: Man-made Disaster: Natural Disaster: Primary Personal Residence: Specialized Skills or Training: State of Emergency: 4. APPLICABILITY This policy applies to all covered full-time employees of the university, including instructional faculty, administrative and professional faculty, and classified staff. 5. POLICY 5.1 Leave to Provide Emergency Services
5.2 Leave for Victims of Disaster Deans/AVP's and the Executive Assistant to the President have discretion for authorizing up to 80 hours of leave annually under this policy for employees who meet all criteria shown below:
5.3 Public Health Emergency Leave Employees whose illness and/or isolation extends beyond 80 hours must use existing leave and/or disability policies to cover the remainder of their absence. 6. PROCEDURES Employees must request the use of Emergency/Disaster Leave through their immediate supervisor prior to using leave under this policy. The request must be submitted to and approved by the dean and/or appropriate AVP or the Executive Assistant to the President. The Dean/AVP and the Executive Assistant to the President possesses the discretion to approve requests for paid leave in the emergency or disaster situations described in this policy. Employees asked by emergency/relief service authorities to extend their service beyond 80 hours for the same event may request approval from the university to use appropriate accrued leave or leave without pay. Approval is at the discretion of the dean/AVP and the Executive Assistant to the President. Employees requesting the use of Emergency/Disaster Leave for purposes of Public Health Emergency Leave for themselves or an eligible family member may be required to submit confirmation of the diagnosis of a communicable disease of public threat that requires isolation, medical attention and/or removal from the workplace. 7. RESPONSIBILITIES It is the responsibility of each dean/AVP and the Executive Assistant to the President to evaluate employee eligibility for leave under this policy. Emergency/Disaster Leave to provide emergency service shall be granted at the discretion of the requesting employee's dean/AVP. In evaluating such requests, deans/AVP and the Executive Assistant to the President should consider the need for the employee to provide the specified assistance and the expected impact of the employee's absence on JMU's ability to fulfill its mission. Deans/AVP and the Executive Assistant to the President are responsible for ensuring that they have the required documentation prior to awarding paid leave. For leave to provide emergency services, this includes:
For leave for victims of disaster, this includes:
8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS Employees activated under military orders, whether by state or federal authorities, are not covered by this policy. See Manual of Policies and Procedures Policy 1319, Faculty Handbook section III.J.1.a.(5)., and DHRM Military Leave Policy 4.50 10. INTERPRETATION The authority to interpret this policy rests with the president and is generally delegated to the Director of Human Resources. Previous version: March 2009 Index of Terms Emergency leave |
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| 1310 | Alternative Work Schedules | July 2011 | 1. PURPOSE The university is receptive to alternative work schedules that allow for the effective delivery of academic, student and administrative services. The purpose of this policy is to improve the quality of work life for university employees by allowing the exploration of work schedules that allow balancing work and family/personal responsibilities. It is also important to understand that, in all cases, the accomplishment of university-related work must be considered first in determining when, and if, alternative schedules may be used. It is possible that in some units, workloads may not permit flexible schedules or allow flexibility on a limited basis. 2. AUTHORITY According to the Virginia Department of Human Resource Management, each agency head has the authority to "schedule reasonable and flexible work hours for employees as well as to provide convenient and consistent hours for citizens to transact business with the Commonwealth." The president of the university has delegated the authority to determine alternative work schedules to unit heads and assigned the responsibility to manage the university's policy regarding scheduling to the Human Resources Department. 3. DEFINITIONS Alternative Work Schedule: LessThan12-Month Schedule: Job Sharing: Flextime: 4. APPLICABILITY This policy applies to all classified employees. 5. POLICY A unit head, dean and/or vice president shall make all decisions regarding the applicability of a flexible schedule. University management has the responsibility to identify positions as being designated for a less than 12-month schedule or for job sharing based on the financial, physical and service needs of the unit. For positions that may be best suited for telecommuting see JMU Policy 1332 Telecommuting. 5.2 Alternative Work Schedules 6. PROCEDURES 6.1 Less Than 12-Month Schedules Compensation
Benefits
6.2 Implementing the Less Than 12-month Schedule
6.3 Job Sharing
7. RESPONSIBILITY Division heads, deans, AVPs and unit heads are responsible for the application of this policy in their areas of responsibility. The Director of Human Resources is responsible for overseeing the use of this policy and assisting division heads, deans and unit heads with its implementation. Supervisors are responsible for periodically reviewing job-sharing arrangements to determine if they are meeting the needs of the employee while at the same time providing acceptable operational standards in the unit. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS This policy does not apply to faculty members. 10. INTERPRETATION The authority to interpret this policy rests with the president and is generally delegated to the Director Human Resources. Previous version: August, 2009 INDEX TERMS Alternative work schedules |
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| 5001 | Annual Planning Policy | February 2012 | 1. PURPOSE The purpose of this policy is to outline the annual planning process for the university's administrative units and place the process within the context of the university's mission statement, defining characteristics, visions and goals. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. 3. DEFINITIONS Defining Characteristics: Mission: Objectives: University Goals: Vision: 4. APPLICABILITY This policy is applicable to all units outside the division of Academic Affairs. 5. POLICY One of the university's defining characteristics addresses the university's planning process: The university will involve the entire campus community in a well-defined, consistently used and commonly understood process for planning and decision-making that emphasizes accountability and ties resource allocation to institutional effectiveness. 6. PROCEDURES 6.1 An effective planning process contributes to the identification, achievement and assessment/evaluation, and use of results of the objectives of administrative units.
6.2 Mission statement
6.3 Objectives
6.4 Steps To Reach Objective (from Planning Database):
6.5 Assessment/Evaluation Methods:
6.6 Objective Accomplishments (Year-end):
6.7 Use of Assessment/Evaluation Results for Program Improvement:
7. RESPONSIBILITIES Vice presidents are responsible for implementing this policy within their divisions. 8. SANCTIONS Employees who violate this policy are subject to discipline commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS None. 10. INTERPRETATION The authority to interpret this policy is given to the president, who normally delegates it to the Senior Vice President for Student Affairs and University Planning. Previous version: May, 2010 Index Terms Planning Database |
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| 1339 | Negotiated Amicable Separation Agreements for Administrative & Professional Faculty | June 2013 | 1. PURPOSE The purpose of this policy is to ensure uniform procedures to follow in negotiating amicable separation agreements between the university and administrative & professional faculty. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. 3. DEFINITIONS Administrative & Professional Faculty (A&P faculty) Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types. Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3). Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized. 4. APPLICABILITY This policy applies to all employees designated as administrative or professional faculty and those who supervise them. 5. POLICY The university may negotiate mutually amicable separation agreements with A&P faculty when such is determined to be in the best interest of the university. Such agreements provide a means for ending the employment relationship in a non-adversarial method. Supervisors of employees who are separated as a result of this policy are advised to reference JMU policy 1314 Transfer and Separation from Employment for separation procedures. Agreements may be developed and implemented where unsuccessful job matches, irreconcilable personality conflict, or other circumstances lead the parties to agree that an end to the employment relationship is in the best interest of all parties. Decisions to enter into amicable separation agreements shall be voluntary on the part of the university and the employee. An employee and the university shall have the option to pursue traditional means of separation. The employee also has the option to pursue a review of a separation procedure in accordance with JMU policy 1335 Terms and Conditions of Employment for Administrative & Professional Faculty. 6. PROCEDURES The appropriate senior vice president, in collaboration with the Director of Human Resources, may negotiate mutually amicable separation agreements with A&P faculty when such is determined to be in the best interest of the university. Amicable separation agreements can be initiated by either party and shall be documented on a case-by-case basis. Such agreements must be approved by the appropriate senior vice president and the President and signed by both the A&P faculty member and the appropriate senior vice president. University General Counsel shall be informed before final execution and implementation. 7. RESPONSIBILITIES The president is responsible for review and approval of each amicable separation agreement with an A&P faculty member. The appropriate senior vice president is responsible for initiating and overseeing negotiations for mutually amicable separation agreements. The Director of Human Resources is responsible for review and approval of each amicable separation agreement. 8. SANCTIONS Sanctions for failure to comply with this policy will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS None 10. INTERPRETATION The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources. Previous version: March, 2012Approved by the President: May 2006 Index of terms Administrative & Professional Faculty ADDITIONAL RESOURCES Administrative & Professional Faculty Resource Book DHRM Policy 1.57 Severance Benefits Policy 1307 Performance Evaluation of Administrative & Professional Faculty Policy 1335 Terms and Conditions of Employment for Administrative & Professional Faculty |
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| 4302 | Facility Modification/Maintenance | May 2011 | 1. PURPOSE The purpose of this policy is to outline procedures for the initiation, funding and approval of university facility modifications and maintenance. This policy is designed to ensure the optimal condition of campus facilities and the prudent management of financial resources. 2. AUTHORITY The president has given Facilities Management the authority to enforce this policy. 3. DEFINITIONS Emergency Maintenance: Income Producing Events: Maintenance Management System (MMS): Major Maintenance: Major Projects: Routine Maintenance: VUSBC: 4. APPLICABILITY The policy applies to all departments and all facilities that are owned, leased or operated by the university. 5. POLICY All modifications and repairs to campus facilities must be coordinated with and accomplished by Facilities Management in order to ensure safe, efficient and code-compliant facilities. This policy addresses major projects, routine maintenance, preventative maintenance, emergency maintenance, deferred maintenance, income producing events, departmental improvements and other associated program requests. 6. PROCEDURES 6.1 Major Projects 6.2 Routine Maintenance 6.2.1 Routine maintenance requests should be directed to the Building Services Coordinator or Residence Hall Area Coordinator. Building Services Coordinators will initiate an electronic work request on the Facility Focus System. A written work request form can be submitted if electronic access is not available. Residence Hall Directors will use a form supplied by the Office of Residence Life. Work requests must clearly state the nature and location of the problem. If a specific deadline applies, it must be noted on the work request form. 6.2.2 Preventive maintenance work will automatically be initiated by Facilities Management as scheduled maintenance. 6.2.3 All equipment and materials required for routine maintenance and major projects will be ordered and supplied through Facilities Management. Any department purchasing items that will alter their facility or the climate of their space must be approved through Facilities Management. 6.2.4 Maintenance response is subject to the availability of manpower and materials, and the priorities of concurrent projects. Normal initial response time is five working days. Estimates will be provided prior to performing work only if specifically noted on the Work Request Form. Effective July 1, 2007, small scope estimates will be added to overall project estimates and will be billed at the appropriate craft rate. 6.2.5 Funding is provided by Facilities Management for E&G supported facilities (i.e. academic and administrative departments). Auxiliary Enterprise facilities (i.e. Residence Life and Dining Services) work is funded by the unit's operating budget from which Facilities Management is required to fully recover all related expenditures. 6.3 Emergency Maintenance 6.3.1 Emergency maintenance requests should be submitted to Facilities Management work control by telephone (x86101) from 7:30 a.m. Monday through 7:30 a.m. Saturday. From Saturday at 7:30 am through Monday at 7:30 am, call Campus Police (x86911). The exact nature and location of the emergency should be identified to ensure that the maintenance staff can make a prompt response. Only emergency requests will be handled by telephone. The Work Control Center will be responsible for initiating a work order for emergencies. 6.3.2 Funding for emergency maintenance in academic and administrative (E&G) facilities will be provided by Facilities Management. Auxiliary Enterprise work is funded from the unit's operating budget from which Facilities Management will fully recover all related expenditures. 6.4 Income Producing Events 6.4.1 When any department or organization hosts an income producing event, the department or organization is responsible for any expenses required of housekeeping or landscaping, and maintenance used to maintain campus facilities for the event. The department or organization is required to submit a work request via Facility Focus to alert Facilities Management of the event and to request services. 6.4.2 The Master Planner for Facilities Management will work closely with departments and organizations to ensure that events are identified, tents permits are issued, and events are communicated and covered by facilities staff as required. 6.4.3 When departments or organizations do not submit work requests for income producing events, Facilities Management is authorized to submit work requests to cover any increased cost of operations. 6.4.4 In the event that no additional personnel or time is required to support an income-producing event, the work order will not be charged. 7. RESPONSIBILITIES 7.8.1 Building Services Coordinators and Residence Hall Directors are responsible for initiating work requests for routine maintenance and emergency maintenance in their buildings. 7.8.2 Emergency maintenance requests should be called in directly to the Facilities Management Work Control Center. 7.8.3 Building Services Coordinators and Residence Hall Directors will work closely with Facilities Management to ensure that buildings are kept in a good state of repair. 7.8.4 Building Services Coordinators are responsible for informing all building occupants of maintenance activities that will affect building operations (i.e. electrical power outages). 7.8.5 Building Services Coordinators should coordinate the locking/unlocking of their buildings. 7.9 Maintenance Management System (Facility Focus) users are responsible for developing written operating guidelines and providing a copy to the Facilities Management Applications Manager. Facility Focus security requirements shall comply with University Policy 1204. Facility Focus users may request specific reports from the Information Technology Department by completing a Computer Service Request. 8. SANCTIONS 9. EXCLUSIONS 10. INTERPRETATION Previous version: March 2009 Buildings Modification |
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| 1508 | Media Relations and Social Media Publishing | December 2013 | 1. Purpose The university's employees may be called upon to interact with members of the traditional news media in conducting the business of the university. In addition, the university, its departments, employees and students may use social media websites to conduct the business of the university. This policy is designed to provide guidance for employees and students when called upon to conduct university business using traditional news media or social media in the following ways:
2. Authority The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. 3. Definitions Media outreach: Traditional news media: Social media: 4. Applicability This policy applies to all James Madison University employees and other non-university personnel, vendors and/or contractors who may, during the course of their assigned JMU responsibilities, have responsibility to communicate on behalf of the university with members of the traditional news media or social media. 5. Policy 5.1 All traditional news media outreach on behalf of the university or its departments or operating units should be initiated by or coordinated through the Office of Public Affairs. All news media outreach shall be consistent with the university's strategic priorities and messages. 5.2 Any university employee who has a responsibility to communicate in their official university capacity with the university's targeted audiences through social media is encouraged to complete social media training conducted or approved by the Office of Public Affairs. 5.3 Any university employee who represents him or herself as communicating on behalf of James Madison University while engaged in social media activity shall be subject to all university policies and procedures. 5.4 During a declared university emergency, only the university president, university spokesperson and/or an individual designated by the university president or university spokesperson may publicly speak on behalf of the university. 5.5 Any news and social media outreach efforts on behalf of the institution must comply with all James Madison University Identity System standards as outlined in Policy 1502. 6. Procedures 6.1 Any university employee initiating contact with members of the traditional news media or social media is encouraged to consult with the Office of Public Affairs in advance, in accordance with section 5.1 of this policy. 6.2 In the event that a university employee is contacted by a member of the traditional news media or through social media, the employee:
A journalist's request for information should receive a response from the appropriate university official. 6.3 University employees who are required to interact with the news media in their official university capacity are encouraged to contact the Office of Public Affairs for training. 6.4 Employees who use social media in their job duties are encouraged to coordinate with the Office of Public Affairs to get strategies and methods for attracting the widest possible audience in their social media communications. 6.5 Information that is officially sanctioned and/or produced by the university and is intended for use in a social media outreach effort shall be disseminated through the university's official avenues of social media communication. Other information that is not sanctioned and/or produced by the university may be disseminated through the university's official avenues of social media communication at the discretion of the Director of the Office of Public Affairs. 7. Responsibilities Employees who communicate on behalf of the university with members of the traditional news media or through social media are responsible for creating a positive image and identity for the institution and, in carrying out this responsibility, shall do so in accordance with applicable employee responsibility and standards of conduct. Employees are responsible for clearly indicating when they are speaking or writing as a private citizen or expert in an area of expertise, and when they are speaking or writing as an official representative of the university. Heads of departments and operating units are responsible for ensuring that any news media or social media outreach efforts originating in their respective departments or units comply with this policy. The Director of Public Affairs, in consultation with the Associate Vice President of Communications and Marketing, is responsible for determining whether a traditional news or social media outreach effort is consistent with the university's strategic priorities and messages, for coordinating training for employees under this policy and for advising employees who are contacted by members of the traditional news media or social media. 8. Sanctions Traditional news or social media outreach efforts that do not conform to this policy will be restricted or terminated. Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. Exclusions
The authority to interpret this policy rests with the president and is generally delegated to the Vice President for University Advancement. Previous Version: January, 2011 Index Terms Social Media |
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| 2106 | Instructional Faculty Separation from Employment | September 2010 |
1. PURPOSE This policy provides the procedures for separation from employment for instructional faculty members, including non-renewal, expiration of contract, termination, retirement or resignation. 2. AUTHORITY The Board of Visitors has the authority to enact personnel policies for all employees of the university. Where this authority has not been exercised by the board, it is delegated to the president. 3. DEFINITIONS Administrative & Professional Faculty (A&P faculty) Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3). Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized. At-will Employee: Expiration: Financial Exigency: Fixed term contract: Inability to perform: Instructional faculty: Non-renewal: PAR: Program elimination: Program reduction: Resignation: Retirement: Retirement Incentive Plan: Separation: Termination: 4. APPLICABILITY This policy relates to the separation from employment of all full-time instructional faculty members, including visiting appointments; tenured, tenure-track, renewable term, and untenured appointments; academic year, calendar year, fixed term appointments and interim appointments. It also applies to professional librarians. For separation procedures in specific instances, see the Faculty Handbook, Section III.F. 5. POLICY 5.1 The procedures in this policy must be followed in the separation of faculty members from employment at James Madison University. 5.2 Resignation: A faculty member may resign his or her appointment at any time provided that written notice is given at the earliest possible opportunity. It is expected that a faculty member will provide at least three months notice of resignation from the university, and will fulfill the obligations of the current assignments before the resignation becomes effective. The university reserves the right to accept the resignation immediately or establish a date prior to the expiration of the current contract in order to provide for the orderly operation of the institution or as a negotiated alternative to dismissal for cause. See Faculty Handbook section III.F.1. 5.3 Expiration: Failure to renew the appointment of a faculty member on a fixed-term contract upon the expiration of the contract requires no action by the university and no notice to the faculty member. It is not an appealable personnel action. See Faculty Handbook section III.F.2. 5.4 At-will Employees: At-will employees may be terminated at any time upon notification from the university. Such termination is not an appealable personnel action. See Faculty Handbook section III.F.2. 5.5 Non-renewal: Untenured faculty members have no right to renewal of their appointments. The university may choose not to renew the appointment of an untenured faculty member for any reason provided the reason does not violate academic freedom. See Faculty Handbook section III.F.3. 5.6 Termination: The employment of a tenured or untenured faculty member may be terminated at any time by the university as a sanction for misconduct. See Faculty Handbook section III.A.25. The employment of a tenured faculty member may be terminated at any time by the university as a sanction following failure satisfactorily to complete remediation following a post-tenure review of a tenured faculty member. See Faculty Handbook Section III.E.8.m. Additionally, a faculty member may be terminated because of a financial exigency (Faculty Handbook section III.F.4.a.), because of a program reduction, elimination, or discontinuance (Faculty Handbook section III.F.4.b.), or because of the faculty member's inability to perform his or her job duties (Faculty Handbook section III.F.4.c.). 5.7 A faculty member separated from employment is required to complete appropriate forms to finalize matters relating to their employment, including insurance, retirement, university property, and compensation. Failure to complete the appropriate forms may result in abandonment of rights or benefits. Faculty members are also required to return all university property (such as electronic equipment, JACards, travel cards, keys, parking permits, etc.) and grade books for the preceding academic year. (See Policy 1314 on Transfer or Separation from Employment and Faculty Handbook III.A.2.b.15.) 6. PROCEDURES 6.1 Non-renewal. 6.2 Termination As a sanction for misconduct: Section III.A.25. As a sanction following a post-tenure review: Section III.E.8. Financial exigency: Section III.F.4.a. Program reduction or elimination: Section III.F.4.b. Inability to perform for medical reasons: Section III.F.4.c. Academic unit heads must submit a PAR to the Office of Human Resources for each faculty member who is terminated within three business days of the completion of appropriate procedures for termination. 6.3 Resignations and Retirements 6.4 Expiration of Contract 6.5 At-will Employees 6.6 Campus Clearance 7. RESPONSIBILITIES Faculty members are responsible for notifying the university in a timely manner of their intent to resign or retire. Academic unit heads and direct supervisors are responsible for following the procedures for separation of faculty members from employment, submitting the PAR to the Office of Human Resources in a timely manner, and facilitating the return of all university property and grade books for the preceding academic year from the separating employee. Deans are responsible for reviewing and approving all faculty separation practices and procedures used within their colleges and ensuring that the practices and procedures conform to university policies. The Provost and Senior Vice President for Academic Affairs is responsible for reviewing and approving all faculty separation practices and procedures for instructional faculty. The Director of Human Resources is responsible for processing the PAR's separating the faculty member from employment, and for communicating with the supervisor of record to facilitate the return of all university property. Human Resources will also send benefits-related information to the faculty member separating from the university and dependants as required by state or federal legislation. When notified of a faculty member's pending separation, various departments (computer loans, parking, etc.) are responsible for contacting the faculty member to settle any outstanding accounts. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS The procedures detailed in this policy do not apply to A&P faculty or to part-time faculty members. The policy on separation of Administrative and Professional faculty members is found in Policy 1335. This policy does not apply to demotions, removals or changes in assignment, or termination of specific assignments or administrative appointments of faculty members who remain employed by the university. For the procedures on changes in appointments of faculty members, see Policy 2113. 10. INTERPRETATION The authority to interpret this policy rests with the president, and is generally delegated to the Provost and Senior Vice President for Academic Affairs. Previous Version: May, 2002 Index Terms: Expiration of Contract |
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| 1209 | Electronic Messaging | January 2012 | 1.PURPOSE A variety of electronic communication mechanisms are available to individuals and groups at James Madison University. These electronic messaging systems are an alternative to paper-based letters, memos, posters, fliers and notices. They currently include such systems as electronic mail (e-mail), mailing lists, social media sites, news and instant messaging services, and web sites that are used for communication. The university's electronic messaging systems provide a medium for information exchange and are provided to support its teaching, research, service and administrative activities. This policy sets forth responsibilities and principles that shall direct the use of JMU's electronic messaging systems, both internally and as part of the global electronic community. 2. AUTHORITY Laws such as the Family Educational Rights and Privacy Act (FERPA), the Government Data Collection and Dissemination Practices Act ( § 2.2-3800 et seq.), the Digital Millennium Copyright Act (Pub. L. No. 105-304, 112 Stat. 2860 Oct. 28, 1998), the Virginia Public Records Act (§ 42.1-76 et seq.), and the Freedom of Information Act (§ 2.2-3700 et seq.) require the university to enforce this policy. Use of electronic messaging systems commits individuals to all applicable university policies and procedures, Commonwealth Department of Human Resource Management Policy 1.75 Use of Internet and Electronic Communication Systems (http://www.dhrm.virginia.gov/hrpolicy/pol175UseOfInternet.pdf), and other laws that may apply. The President gives the Assistant Vice President for Information Technology responsibility for the university's electronic messaging systems/services and for instituting policies, procedures and technical mechanisms necessary to assure their effective support of the university mission. 3. DEFINITIONS Electronic Messaging: Official Communication: Official JMU E-mail Addresses/Accounts: 4. APPLICABILITY This policy applies to all individuals and/or technical mechanisms that use the university's information technology resources for electronic messaging functions. 5. POLICY All members of the JMU community are encouraged to use its electronic messaging resources and are expected to do so in a manner consistent with the university's mission. The university is committed to using its resources efficiently and e-mail is a cost-effective means of communication. This policy establishes e-mail as the university's official means of communication with students and employees regardless of their status and sets forth obligations members of the university community have regarding e-mail use for this purpose. 5.1 Official Communication: To meet compliance obligations and maintain appropriate controls, employees/affiliates shall conduct all university business from their official JMU e-mail address/account. Students have the option of automatically redirecting e-mail sent to their official JMU email address/account to another e-mail service. By making another delivery choice students are accepting responsibility for 1) selecting an e-mail service(s) they frequently use to ensure they receive and read official university communications in a timely manner, 2) the additional security/privacy risk that may be introduced through forwarding, and 3) any consequences resulting from unavailability of external services or any e-mail which is not received. Students shall also recognize that to help assure identity of the requester, certain types of requests for information or services from the university may require they be initiated only from their official JMU e-mail account. Employees/affiliates may not automatically redirect e-mail sent to their official JMU account to another e-mail service. 5.2 Instructional Uses of Electronic Messaging: 5.3 Appropriate Use: 5.4 Constraints: 5.5 Message Content: 5.6 Privacy: 5.7 Occasional Personal Use: 5.8 Mass Messaging: In addition, since mass e-mail and other distributions to university constituents through the web or using JMU's other computing and messaging facilities may constitute an electronic publication of the university, additional standards may apply. Such electronic publications must be approved by the Division of University Advancement Office of Communications and Marketing and meet the standards outlined in Policy 1502, University Identity. 6. PROCEDURES Specific requirements related to bulk mail, list services and other electronic messaging services mentioned in this policy are available on the JMU Computing Standards website at http://www.jmu.edu/computing/standards. 7. RESPONSIBILITIES Electronic messaging systems by their very nature depend on the shared effort and responsibility of all who participate in and manage their use. Disruptions, whether by technical or behavioral means, can impact availability and usefulness for an entire community of users.Information Technology (IT) is responsible for ensuring reliable, secure and efficient operation of the university's electronic messaging systems. IT will also assure access to messaging services for all members of the university community in keeping with the university mission and will instruct and assist users in choosing among various messaging options. Messaging servers cannot be established in the .jmu.edu domain nor can third-party messaging vendors (such as e-mail service providers) be contracted without specific permission from IT. University employees have additional responsibilities by virtue of their access to a variety of institutional data. Since JMU is a state institution maintaining personal information about individuals, special care is required. Laws such as the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g et. seq.), the Virginia Government Data Collection and Dissemination Practices Act (Code of Virginia § 2.2-3800), the Virginia Freedom of Information Act (Code of Virginia § 2.2-3700) and others apply to data use and transmission within electronic messaging systems. University employees shall obey university policies and applicable laws and regulations regarding data use and information security as they use electronic messaging systems. Of particular note:
8. SANCTIONS James Madison University reserves the right to manage its electronic messaging resource (medium and services) to ensure overall utility and common accessibility in support of the university mission. This includes, but is not restricted to, suspension or revocation of computing and telecommunication services, including electronic messaging capability. Regarding employees, sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. Regarding students, sanctions will be commensurate with the severity and/or frequency of the offense and may include suspension or expulsion. 9. EXCLUSIONS None. 10. INTERPRETATION Authority to interpret this policy rests with the president, and is generally delegated to the Assistant Vice President for Information Technology. Previous Version: April 2010 Electronic messaging |
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| 1401 | Reimbursement for Work-Related Education or Training from an External Source | September 2013 | 1. PURPOSE This policy outlines the university's plan to reimburse full-time employees who receive approved work-related education or training from an external source. The purposes of the policy are to train employees (a) with work-related education in the use of new or modified equipment, (b) with work-related education in skills and knowledge required by changes in current positions, (c) with work-related education that maintains or improves skills required in the job, or (d) with work-related education to meet degree requirements in a program for which the employee is enrolled and the university does not offer an equivalent course. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. STATE OR FEDERAL STATUTE AND/OR REGULATION Internal Revenue Code Section 132(d) allows employers to exclude job-related educational expenses from an employee's income as a working condition fringe benefit. The exclusion is generally available for any form of educational instruction or training that improves or develops the job-related capabilities of the employee. 3. DEFINITIONS Affiliate Education Not Qualifying as Work-Related External Source Work-Related Education and/or Training 4. APPLICABILITY This policy applies to all full-time employees. 5. POLICY In support of the university's commitment to professional development of faculty and staff, the university may authorize reimbursement to full-time employees for the tuition of work-related education or for the costs of certain work-related training programs taken at other institutions. This policy is designed to aid full-time employees who are expected to continue employment with the university for a period that will justify such educational assistance. This period will be determined by the applicable department. 5.1 ELIGIBILITY The following eligibility guidelines and restrictions apply: 5.1.1 Employees must have been continuously employed by the university for a period of one year before applying for reimbursement. 5.1.2 Classified employees must have successfully completed their probationary period before enrolling in a course to be reimbursed. 5.1.3 The training/education must meet the definition of work-related education (see section 3, Definitions) to qualify for reimbursement. 5.1.4 Reimbursement will only be made for courses in which the employee receives a passing grade for courses or programs in which grades are awarded. 5.1.5 The cost of instruction must be paid by the employee in advance and reimbursement will be based on advanced approval and availability of department funds. 5.1.6 Reimbursement for courses taken will be made for costs up to, but not exceeding, in-state JMU tuition. 5.1.7 Employees eligible to receive veteran's benefits for education will be eligible for tuition reimbursement for that portion of tuition not covered by the Veterans Bill. 5.1.8 Courses authorized by this policy must be unavailable at James Madison University. Courses available at JMU should be taken under the on-campus waiver of tuition programs (Policy 1402 or Policy 1405). 5.1.9 Short-term workshops, institutes, symposia and other non-credit activities are not eligible for consideration under this policy (Policy 1403). 5.2 LIMITATIONS 5.2.1 Educational reimbursement will be limited to three courses per person during the fiscal year. 5.2.3 Classroom and study requirements will not be regarded as a basis for compensatory leave. 5.2.4 Tuition reimbursement will not be authorized for partial activity in, or for auditing, courses of instruction. 5.2.5 Application, readmission, laboratory fees, study materials, travel expenses, and meals are not to be included in the amount requested for reimbursement. 5.2.6 Courses meeting the IRS definition of work-related education will not be taxable. 5.2.7 Termination of employment, for any reason, prior to the completion of the course will make employees ineligible for any reimbursement. 6. PROCEDURES Employees seeking reimbursement for courses taken under this policy must: 6.1 Prepare a Request for Tuition/Registration Reimbursement . Obtain authorization from the supervisor, department budget authority, and the appropriate vice president (or the appropriate designee) to participate. 6.2 Employees must arrange a schedule with their supervisor to make up missed time for course work taken during normal working hours. 6.3 The department budget authority will retain the Request for Tuition/Registration Reimbursement and provide a copy to the employee requesting reimbursement. 6.4 Within 30 days of the successful completion of work-related education or training, employees must submit the following information to the department budget authority:
6.5 The department budget authority will submit an accounting voucher payable to the employee, along with the supporting documentation listed above, to Accounts Payable. 6.6 The department budget authority will submit a report of all applications and awards to the Office of Equal Opportunity. 7. RESPONSIBILITIES Supervisors are responsible for ensuring reimbursement is for work-related education or training. The responsibility of approving, denying, and paying reimbursement requests falls within the employee's department. Vice presidents (or the appropriate designees) are responsible for submitting annual budget initiatives for tuition reimbursement and managing division fund allocations. They are also responsible for ensuring that the guidelines of this policy are followed. Each division is responsible for maintaining accurate records of applications and awards of tuition reimbursement. The division will request an annual initiative for use in support of this policy and then will manage any funds granted through the initiative during the fiscal year. Accounts Payable is responsible for refunding the employee through the reimbursement process. The Office of Equal Opportunity will review records of applications and awards for OEO compliance on a quarterly basis. 8. SANCTIONS Sanctions will be commensurate with the severity and frequency of the offense and may include termination of employment. 9. EXCLUSIONS This policy does not apply to part-time faculty, part-time employees, or affiliates. Educational opportunities covered in Policies 1402, 1403 and 1405 are excluded from this policy. 10. INTERPRETATION The authority to interpret this policy rests with the president, and is generally delegated to the Director of Human Resources. Previous version: March, 2012 |
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| 1337 | Affiliates | March 2013 | 1. PURPOSE This policy is designed to establish the rules and procedures for the university's designation of an individual as a University Affiliate. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. 3. DEFINITIONS Affiliate Institution-Related Foundation (IRF) NOTE: this policy does not apply to faculty members who affiliate within the university with other academic units. Affiliate Coach Contractor Affiliate Campus Minister Emeritus Staff Emeritus Faculty Institutional-Related Foundation Affiliate Health Services Affiliate International Programs Faculty IT Affiliates Military Science Affiliate President's Office Affiliate Sponsored Program Affiliate Short-Term Affiliate State Auditor Student Organization Affiliate Teacher in Residence Visiting Professor 4. APPLICABILITY This policy applies to all affiliates and to all services provided by the university for any Affiliate. 5. POLICY University affiliates must be sponsored by a department of the university. The sponsoring department will determine which services will be made available to each affiliate, depending on the relationship of the affiliate with the university, as deemed appropriate by the university. The university reserves the right to modify and/or eliminate services to any affiliate without prior notification. Affiliate status is at the discretion of the university, and may be withdrawn or removed at any time at the option of the university. 6. PROCEDURES In order to grant affiliate status and services to an individual, the department sponsoring the affiliate must complete an Affiliate Service Request Form. The form must be signed by the department head and approved by the department head's supervisor up to and including the appropriate division head and kept on file in the sponsoring department. Once the requesting department has obtained the signatures for their internal "hard copy" documentation, the form may be submitted electronically to Payroll for entry into the PeopleSoft Human Resources/ Payroll system. Affiliate status will normally become effective within seven working days after receipt of the form.. Requests for specific services for an affiliate are on listed on the Affiliate Service Request Form. The sponsoring department must designate which of the following service(s) are to be provided for the affiliate:
Short-Term Affiliates, depending on their length and type of service, may not receive all of the above affiliate services but only those that are necessary to complete the service they are providing to the University. All departments reserve the right to allow or disallow services to affiliates according to need and relationship with the University. Once an affiliate's relationship with the university ends, all access to university owned/operated systems is immediately terminated. 7. RESPONSIBILITIES It is the responsibility of the affiliate-sponsoring department to initiate the Affiliate Service Request Form. It is also the responsibility of the sponsoring department to notify payroll when the individual no longer has affiliate status or when services to the individual are to be stopped. The sponsoring department must maintain a file for all affiliates it sponsors, including copies of the documents authorizing the affiliate to receive services or access to systems. It is the responsibility of the administration, up to and including the division heads, to approve affiliate status and appropriate services or access for individuals sponsored by departments within their division. Payroll is responsible for entering the data from the affiliate request form into the PeopleSoft system, and for modifying the system once notified of the termination of affiliate status or services. Human Resources will produce an annual report by org/unit for each department head of affiliate sponsoring departments to review the current affiliate status and make appropriate changes in the PeopleSoft Human Resources/Payroll system. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment for employees who do not adhere to this policy. 9. EXCLUSIONS This policy does not apply to faculty members who affiliate within the university with other academic units. This policy does not apply to the spouses or family members of university employees and/or spouses and family members of affiliates in their use of UREC facilities. The policies and procedures of UREC concerning spouse and family use of the UREC facilities is separate and apart from these provisions. See http://www.jmu.edu/recreation/. 10. INTERPRETATION The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources. Previous Version: December, 2010 |
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| 1603 | Reporting of Suspected Fraudulent Transactions | December 2012 | 1. PURPOSE The purpose of this policy is to establish procedures for reporting suspected fraudulent acts involving university property or resources. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The board has delegated the authority to manage the university to the president. STATE OR FEDERAL STATUTE AND/OR REGULATION Code of Virginia Section 30-138 requires the president to notify the Auditor of Public Accounts, the State Inspector General and the Superintendent of State Police of circumstances suggesting a reasonable possibility that a fraudulent transaction involving university employees has occurred. Code of Virginia Section 2.2-3011 provides whistle blower protection for all employees disclosing information about suspected wrongdoing or abuse to an appropriate authority. 3. DEFINITIONS Appropriate authority Fraud
Good faith report Whistle blower Wrongdoing 4. APPLICABILITY This policy applies to all university departments, activities, employees, students and student organizations. 5. POLICY The university will not tolerate theft, waste, abuse or misuse of state or university property or other resources. University employees and students will be required to report suspected irregularities or possible fraudulent transactions to Audit and Management Services. All reported allegations will be fully reviewed, and substantiated fraudulent activities will be reported to the proper authorities. The university will not discharge, threaten, or otherwise discriminate or retaliate against a whistle blower who discloses information about suspected wrongdoing or abuse in good faith and upon a reasonable belief that the information is accurate. Disclosures that are reckless or that the employee knew or should have known were false, confidential by law, or malicious shall not be deemed good faith reports and shall not be protected. In addition, the university will not discharge, threaten, or otherwise discriminate or retaliate against a whistle blower because the whistle blower is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action. Nothing in this policy shall prohibit the university from disciplining or discharging a whistle blower for his/her misconduct or any violation of university policy or law. 6. PROCEDURES 6.1 Upon the discovery of circumstances that suggest that a fraudulent transaction may have occurred, it is the responsibility of university employees and students to immediately notify the Director of Audit and Management Services. Upon such notification, the director will ensure that the appropriate vice president and the president are informed of the questionable transaction or specific event. 6.2 Audit and Management Services will perform audit procedures to determine whether there is a reasonable possibility that a fraudulent transaction has occurred. Audit and Management Services will also attempt to quantify any losses and make recommendations for improving internal controls. 6.3 Employees and students are required to cooperate fully with those performing investigations. Employees, departments, students and organizations (i.e., other than those responsible for conducting investigations pursuant to this policy) shall not conduct investigations on their own since this may compromise official investigations. 6.4 If Audit and Management Services determines that there is a reasonable possibility that a fraudulent transaction has occurred and involves a university employee (including student employees), the office will prepare a letter for the president's signature to report the possible fraudulent transaction to the Auditor of Public Accounts, the State Inspector General and the Superintendent of State Police in accordance with Section 30-138.A of the Code of Virginia. 6.5 Audit and Management Services will also consult Public Safety for their opinion on whether a reasonable possibility exists that a fraudulent transaction has occurred. Further investigation of the transaction or specific event with the objective of prosecution is the responsibility of Public Safety and the Commonwealth's Attorney. The decision to prosecute is the responsibility of the Commonwealth's Attorney. Audit and Management Services will assist with further investigation if requested. 6.6 The university will take any necessary administrative actions and may request restitution of funds. Recovery of funds will be the responsibility of the Assistant Vice President for Finance unless otherwise decided. 6.7 University employees (including student employees) and citizens of the Commonwealth may also anonymously report suspicious activities to the State Fraud, Waste and Abuse Hotline (1-800-723-1615), maintained by the Office of the State Inspector General (OSIG). Audit and Management Services may be required to investigate these activities and report findings to OSIG. 6.8 Audit and Management Services will report incidents involving students to Judicial Affairs and, if student organizations are involved, the Associate Vice President for Student Life. 7. RESPONSIBILITIES Employees and students are responsible for notifying Audit and Management Services of circumstances that suggest that a fraudulent transaction may have occurred. Audit and Management Services is responsible for performing audit procedures to determine whether there is a reasonable possibility that a fraudulent transaction has occurred. The office is also responsible for preparing letters for the president's signature to report possible fraudulent transactions by employees to the Auditor of Public Accounts, the State Inspector General and the Superintendent of State Police in accordance with Section 30-138.A of the Code of Virginia. Audit and Management Services will report incidents involving students to Judicial Affairs and, if student organizations are involved, the Associate Vice President for Student Life. Public Safety is responsible for performing investigations for the objective of prosecution. The president is responsible for reporting possible fraudulent transactions by employees to the Auditor of Public Accounts, the State Inspector General and the Superintendent of State Police in accordance with Section 30-138.A of the Code of Virginia. The Office of Human Resources is responsible for posting notices of whistle blower protection in accordance with Section 2.2-3013 of the Code of Virginia. 8. SANCTIONS Regarding employees (including student employees), sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. Regarding student organizations, sanctions will be commensurate with the severity and/or frequency of the offense and may include withdrawal of recognition and support for the student organization. Regarding students, sanctions will be commensurate with the severity and/or frequency of the offense and may include suspension or expulsion. In addition to the above administrative actions, individuals may also be subject to criminal prosecution. (See 6.4 and 6.5) 9. EXCLUSIONS None 10. INTERPRETATION The authority to interpret this policy rests with the president and is generally delegated to the Director of Audit and Management Services. Previous Version: July 2011 Index Terms Audit |
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| 1504 | Rental Charges and Recoveries for Continuing Occupancy or Use | September 2011 | 1. PURPOSE The purpose of this policy is to (1) outline procedures for identifying rental areas, determining rental rates, assessing the impact of rental charges and recoveries on fees, and establishing internal rental billing and payment procedures; (2) clarify the circumstances under which the university may provide facilities support to research, public service, and non-university activities and organizations; and (3) detail acceptable arrangements relative to the payment of a rental or use charge when university owned facilities are occupied or utilized on a continuing basis by programs that receive no general fund support. This policy addresses the role of the office of budget management, building managers, occupants, and facilities management in ensuring that these objectives are realized. 2. AUTHORITY 3. DEFINITIONS ATV: 4. APPLICABILITY 5. POLICY 6. PROCEDURES 7. RESPONSIBILITIES 8. SANCTIONS 9. EXCLUSIONS 10. INTERPRETATION Previous Version: October, 2009 Index Terms |
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| 1501 | University Advertising | December 2013 | 1. PURPOSE The purpose of this policy is to maintain and enhance the consistency of James Madison University's public image presented in media advertisements, ensure a consistent usage of James Madison University's visual brand and messaging, maximize the impact of James Madison University's advertising expenditures by coordinating advertising procurement, and deliver measurable results. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. 3. DEFINITIONS General University Advertising: Unit or Event-Specific Advertising: External Advertising (Non-JMU Advertising): Other Advertising: 4. APPLICABILITY This policy applies to all James Madison University employees and other non-university personnel and/or vendors who prepare official university advertising. This policy applies to all paid and free advertising, including print, broadcast, web, social media and signage. If there are questions about advertising submissions, please contact the community affairs manager within the Office of Public Affairs. Free advertising is covered by this policy if the market value is greater than $100. 5. POLICY All General University Advertising must be submitted through the university's advertising portal at http://www.jmu.edu/advertising for approval by the Office of Public Affairs. All agreements for External Advertising must be submitted to the Community Affairs Manager for approval. All university advertising, including General University Advertising, Unit or Event-specific Advertising, and Other Advertising, must comply with all James Madison University Identity System standards as outlined in Policy 1502, as well as all procurement regulations as outlined in Policy 4201. 6. PROCEDURES 6.1. All proposed General University Advertising and accompanying materials, cost and placement information must be submitted to the Office of Public Affairs via the university's advertising portal (http://www.jmu.edu/advertising) a minimum of two weeks in advance of specified submission deadline. Unit or Event-specific Advertising must be submitted to the Office of Public Affairs via the university's advertising portal two weeks in advance of the specified submission deadline, unless this is unrealistic. 6.2. General University Advertising is managed through the Office of Public Affairs. All proposals for general advertising must be submitted to the Community Affairs Manager via the university's advertising portal for review and approval. 6.3. Unit or Event-specific Advertising may be managed by the originating unit, program or event. Units are required under this policy to confer with the Office of Public Affairs. The Office of Public Affairs must coordinate all advertising to ensure consistency and accuracy of messages, maximization of institutional brand awareness and cost-effectiveness to the university. 6.4. Other Advertising may be managed through the originating unit or program and must adhere to JMU's visual identity standards. Communications and Marketing has established standards for typical, reoccurring advertisements such as employment opportunities, accessible online at http://www.jmu.edu/identity/index.shtml. 6.5. External Advertising agreements are managed by the Office of Public Affairs. 6.6. Information regarding all university advertising via newspaper, radio, television and any alternative media forums will be maintained and updated by Procurement Services. Procurement Services will provide periodic advertising purchase reports to the Community Affairs Manager in the Office of Public Affairs. 7. RESPONSIBILITIES The Community Affairs Manager is responsible for ensuring that consistent university design and copy standards, along with all procurement agreements, are met. It is the responsibility of the head of a unit to ensure that the information contained in an official university advertisement is accurate and current, and that all new official advertisements for that unit comply with James Madison University Identity System editorial and graphic standards. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. Advertisements that do not conform to this policy can be restricted or terminated. 9. EXCLUSIONS Advertisements placed by the Office of Human Resources for employment-related activities are excluded from the provisions of this policy. Advertising with a cost of less than $100 per placement are exempt from the provisions of this policy. Free advertising is exempt from this policy if the market value is less than $100. Advertisements placed in campus media are excluded from the provisions of this policy. Advertisements specifically for the athletics department are excluded from the provisions of this policy. Advertising excluded from this policy must still comply with all of the university's visual identity standards and brand messaging. 10. INTERPRETATION The authority to interpret this policy rests with the president and is generally delegated to the Senior Vice President for University Advancement. Previous Version: September, 2010 Index Terms Advertising |
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| 1202 | Information Systems Implementation & Project Management | April 2012 | 1. PURPOSE This policy provides direction and requirements related to management of information technology projects of varying size, scope and cost. 2. AUTHORITY Consistent with the University's Memorandum of Understanding granting Level II delegation from the Commonwealth under the Virginia Restructured Higher Education Financial and Administrative Operations Act of 2005 and in keeping with JMU Policy 1213 (Information Technology Project Management), JMU exercises independent authority for issuing policy and establishing requirements related to technology management for the institution. The President gives Information Technology (IT) responsibility for University policies and procedures for acquisition, implementation, documentation and use of information technology resources and for meeting its compliance obligations. 3. DEFINITIONS Technology project: 4. APPLICABILITY This policy applies to all departments and employees of the university. It applies to all information technology projects undertaken at the university. 5. POLICY It is the policy of the university to ensure effective and efficient project management exists and adequate controls are included when acquiring, developing and implementing information systems that include technology components. Whether the objective is to acquire/develop a new system or service or to maintain/modify an existing one, the university requires all employees to comply with university policies and standards for management of information technology projects. 6. PROCEDURES IT assists university departments in planning and managing information technology projects. Such projects generally include development or acquisition of new or enhanced computer systems including hardware, software and services. IT has established processes for classifying and managing specific sizes and types of projects in keeping with internal requirements and industry best practices. These include procedures for preparation and approval of project proposals, for determining project classification based on project size and complexity, and for meeting necessary documentation and oversight requirements. Procedures for submitting project initiation requests, classifying projects and for achieving the related oversight, management and documentation requirements are included in JMU Computing Standard developed and maintained by IT. University departments must contact IT and complete a Project Initiation Questionnaire prior to soliciting acquisition, development or enhancement of technology systems. 7. RESPONSIBILITIES IT must be involved in project selection and planning whenever a technology solution is being considered and will provide consulting and advisory assistance to university officials involved with implementing project management. IT will also provide technical input and other advice and/or assistance commensurate with the project classification. Inquiries about project initiation and/or IT's involvement should be directed to the Assistant Vice President for Information Technology. The person/department proposing a technology project is responsible for project initiation. IT will work with the department on all administrative tasks associated with project selection and classification and for compliance with both university and state requirements. Once the project is chartered (officially adopted as outlined in the JMU Computing Standard) the project manager, in consultation with the relevant division head or other sponsoring authority, as identified in the project charter, is responsible for project management, documentation and oversight. Specific responsibilities include assuring compliance with policies, standards and guidelines issued by the University and fulfillment of any external compliance obligations that may apply. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS None. 10. INTERPRETATION The authority to interpret this policy rests with the President, and is generally delegated to the Assistant Vice President for Information Technology. Previous Version: September, 2010 Index Terms IT |
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| 1323 | New Employee Orientation | April 2011 | 1. PURPOSE This policy provides the university's rules for new employee orientation. 2. AUTHORITY The Board of Visitors is given the authority to establish personnel policies for all employees of the university. This power is delegated to the President in areas in which the Board of has not established policy. The President has mandated that new employees will receive an appropriate introduction to the university and their roles as members of the university community. 3. DEFINITIONS Administrative & Professional Faculty (A&P faculty) Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3). Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized. Classified Employee Instructional Faculty Orientation Wage employee 4. APPLICABILITY This policy applies to all full-time classified employees and where indicated to new wage employees and full and part-time faculty members. 5. POLICY Orientation occurs in two phases. Phase One (traditional benefits, performance and compensation information) is required for all new full-time classified employees. Phase Two (non-traditional benefits) is strongly recommended for all new full-time classified employees and is optional for new wage employees and full and part-time faculty members. 6. PROCEDURE The orientation program is designed to provide new employees with general information about the university and its programs, benefits and personnel policies and procedures. Phase One orientation is held every two weeks while Phase Two orientation is held every other month. New classified employees are scheduled for the Phase One and Phase Two orientation sessions closest to their employment date as part of their Onboard session. Wage employees and full and part-time faculty are encouraged to attend and enroll in Phase Two orientation by having their supervisor e-mail the employee's name, e-mail address, and supervisor's name to jobs@jmu.edu or by calling the HR Service Center at 8-6165. To assist supervisors in the orientation process, a departmental checklist, accompanied by the Welcome Letter, is sent to supervisors of classified employees by JMU's Employee Ombudsperson. Additions may be made to the checklist to cover unique departmental requirements. The signed letter and checklist should be returned to the Employee Ombudsperson to reside in the employee's personnel file in Human Resources. 7. RESPONSIBILITY Division heads, deans, directors, department heads and supervisors are responsible for the application of this orientation policy. Supervisors are required to ensure that all new, full-time employees covered under this policy participate in Human Resource's Orientation sessions. In addition, division heads, AVPs, deans, directors, department heads and supervisors are responsible for providing newly appointed, promoted or transferred employees with job training and information specific to departmental operations. Formal orientation sessions are the responsibility of Human Resources. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS Faculty Orientation for new faculty members is coordinated by the Office of Academic Affairs and occurs in late August before the start of the fall semester. Faculty and wage employees do not attend Phase One orientation and are encouraged to attend Phase Two orientation. 10. INTERPRETATION The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources. Previous version: March 2009 Index of Terms |
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| 3101 | Faculty/Staff Advisers to Student Organizations | December 2010 | 1. PURPOSE James Madison University offers students the opportunity of developing new interests, expanding cultural and social horizons, exercising leadership, serving their fellow human beings, and finding outlets for social entertainment. The university considers these opportunities intrinsic to its educational mission since they encourage the total development of the student by providing an environment for social, cultural, emotional, and personal growth. While a large responsibility for a student's growth rests with the student, faculty/staff advisers are asked to assist students in developing and producing programs and experiences that will broaden their learning, apply and interrelate acquired knowledge, and create patterns of behavior that will lead to a richer, fuller life which is uniquely and individually their own. 2. AUTHORITY University administration has given the Senior Vice President for Student Affairs and University Planning the responsibility and oversight of policies and procedures related to faculty advising for student organizations. Specific authority for this policy resides with the Director of University Unions in conjunction with the Office of Student Activities and Involvement. 3. DEFINITIONS Recognized student organization: Front-end Budgeted (FEB) Organization: Faculty/Staff Member: 4. APPLICABILITY This policy applies to advisers of recognized student organizations at JMU. 5. POLICY The university requires that each student group maintain an active relationship with at least one faculty/staff member who is interested in and committed to promoting the constitutional functions of the group. All student organizations must have an adviser who is a faculty or staff member at JMU as defined above. Additionally, the organization should be in contact with their adviser on a regular basis. 6. PROCEDURES Information on the role of an adviser, liability concerns, and services to advisers is addressed more specifically in procedures provided by the Office of Student Activities & Involvement and the University Unions. 7. RESPONSIBILITIES Faculty/Staff Adviser to Student Organizations
8. SANCTIONS Faculty/staff advisers of student organizations not adhering to the requirements set forth above, will relinquish their faculty adviser role and responsibilities. 9. EXCLUSIONS None. 10. INTERPRETATION The authority to interpret this policy rests with the President, and is generally delegated to the Senior Vice President for Student Affairs and University Planning. Previous version: December, 2008 |
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| 1210 | E-Commerce | April 2011 | 1. PURPOSE This policy outlines the criteria for James Madison University to ensure all university E-Commerce applications have been approved, implemented and maintained in conformity with applicable federal and state laws and regulations and university policies. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 12-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president. 3. DEFINITIONS University E-Commerce: E-Commerce Oversight Committee: 4. APPLICABILITY This policy applies to all university E-Commerce. It applies to all employees and students engaged in such practices. 5. POLICY It is the policy of the university to initiate adequate controls when implementing and maintaining E-Commerce. These controls will ensure compliance with state cash management requirements and provide assurance that university and customer financial information is properly secured. No new or revised E-commerce activities shall be established without prior written approval by the AVP for Finance. Sale of university merchandise or merchandise bearing the university name or logo on the Internet requires prior approval by the AVP for Business Services. Fundraising in the name of the university, including collecting contributions on the Internet, requires prior approval by the Senior Vice President for University Advancement. 6. PROCEDURES University departments and organizations shall prepare and submit an application for new or revised E-Commerce activities to the AVP for Finance. The department head or director is responsible for the submission of the E-Commerce activity application. The application is attached as appendix A. Until approval is received from the AVP for Finance, no procurements may be completed and no E-commerce activity may begin. 7. RESPONSIBILITIES The assistant vice president for finance shall review and evaluate the application for all university e-commerce business activities in accordance with this policy and shall make final recommendation to the Senior Vice President for Administration and Finance as to authorization of requested e-commerce business activity. This policy also places responsibility on department heads and directors to 1) operate within the parameters specified by the E-Commerce Oversight Committee, 2) require appropriate computer use as specified in JMU Policy 1207: Appropriate Use of Information Technology Resources and 3) require appropriate information security as specified in JMU Policy 1204: Information Security and the Payment Card Industry Data Security Standards (PCI DSS) as specified by the PCI Security Standards Council. Reference the current PCI Data Security Standard. 8. SANCTIONS Sanctions will be commensurate with the severity and or frequency of the offense and may include termination of employment. The assistant vice president of finance will terminate the e-commerce business activity if it does not comply with the requirements of this policy. 9.EXCLUSIONS None 10. INTERPRETATION Authority to interpret this policy rests with the president and is generally delegated to the assistant vice president for finance. Previous Version: January, 2010 |
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| 1307 | Performance Evaluation of Administrative & Professional Faculty | September 2013 | 1. PURPOSE This policy delineates the method for providing annual performance evaluations of administrative and professional faculty. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. 3. DEFINITIONS Administrative & Professional Faculty (A&P faculty) Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3). Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, university life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized. Administrative & Professional Faculty Job Description & Performance Evaluation
4. APPLICABILITY This policy applies to all administrative & professional faculty and those who supervise administrative & professional faculty. 5. POLICY Each administrative & professional faculty member's performance will be formally evaluated on an annual basis. 6. PROCEDURE The annual evaluation period for administrative & professional faculty is July 1 to June 30. Annual performance evaluations are to be conducted between June 1 and August 31 each year. The immediate supervisor must discuss the evaluation with the employee being evaluated and the employee must receive a copy of the evaluation. The Administrative & Professional Faculty Job Description & Performance Evaluation must be used to define the employee's job description, set and track objectives, conduct the annual performance evaluation, and track professional development needs and progress. Section 1 - the Job Description - a copy must be sent to Human Resources when it is first established and/or written and subsequently when it is changed. The performance evaluation process includes reviewing the progress of goals and objectives set for the preceding performance cycle as well as setting goals and objectives for the succeeding performance cycle. Multiple sources of information - e.g. client/customer feedback, feedback on supervisor by subordinates, peer feedback, self-assessment - should be incorporated into the evaluation process. The employee must receive a copy. The supervisor retains the original documents in their departmental files while the employee is actively employed and for five years following termination. These documents must then be disposed of using a confidential destruction method. Refer to Policy 1109-Records Management, section 6.1 Records Retention and Disposition Schedules. 7. RESPONSIBILITIES It is the responsibility of each supervisor of administrative & professional faculty to formally evaluate the employee's performance annually, which should be the culmination of regular feedback and coaching. It is the responsibility of the supervisor to work with the employee in completing the Job Description (Section 1) and ensuring a copy of it is submitted to Human Resources initially and then sent whenever it is updated. Section 1 is the only section of the document that should be copied to Human Resources. The supervisor must maintain the entire, origional job document in his or her files while the employee is actively employed and for five years following termination. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS This policy does not apply to instructional faculty. 10. INTERPRETATION The authority to interpret this policy rests with the president and is generally delegated to the Director of Human Resources. Previous version: July 2011 ADDITIONAL RESOURCES Administrative & Professional Faculty Resource Book |
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| 1112 | Contingency Management Planning | March 1999 | Policy currently under revision This policy establishes the requirement for departments to maintain written contingency management plans and alternate procedures for dealing with disasters and extraordinary circumstances that (1) threaten the health and safety of the public and/or state workers, (2) could have a significant negative impact on the fiscal or legal integrity of university operations, or (3) interfere with the delivery of essential university programs. Contingency: A condition resulting from a natural or man-made occurrence that is of sufficient magnitude or duration to cause significant disruption in the accomplishment of agency program objectives. Contingency Management Planning: The advance planning and preparations necessary to minimize loss of resources and provide reasonable assurance that critical university services and operations will be maintained in the event of a contingency. Contingency Management Plan: A written plan to be enacted in the event of a disaster or other contingency. Such a plan includes an identification of critical functions, procedures for restoring these functions, assignment of responsibilities for activating and implementing the plan, and requirements for training, testing and maintenance activities related to the plan. Threat Assessment: An analysis of the potential jeopardies which a department might encounter. Included are the loss of a building, loss of an essential item of equipment, and loss of key personnel. Vice Presidents/Provosts are responsible for threat assessment and for identifying those critical departments, functions, and/or applications within their respective divisions for which contingency management plans and procedures are to be maintained. Departmental contingency management plans and procedures should identify threats, specify individual responsibilities, and describe the actions to be taken in the event of a disaster or other contingency. Plans must be in writing and should be reviewed at least once a year. Testing of procedures should be conducted as appropriate. The Virginia Council on Information Management (CIM) has established specific requirements for identifying critical applications and developing contingency management plans (including disaster backup and recovery procedures) for automated and manual information-based systems. Such systems generate, manipulate or depend on data. The contingency management requirements and responsibilities for these systems are addressed in Policy 1206 (Contingency Management for Information-based Applications). Approved March 1, 1999 by Linwood H. Rose, President |
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| 1306 | Extra Employment for Faculty and Exempt Staff Members Within the University | July 2012 | 1. PURPOSE This policy provides guidelines for the assignment of and payment for work at the university in addition to or instead of the regular assigned work of full-time instructional faculty members, Administrative and Professional faculty members and exempt staff members. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. STATE OR FEDERAL STATUE AND/OR REGULATION The university's authority to grant additional pay for extra employment of faculty members is in some instances constrained by federal regulations. See the United States Office of Management and Budget (OMB) Circular A-21. 3. DEFINITIONS Academic Unit Head (AUH) Administrative & Professional Faculty (A&P faculty) Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3). Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized. Contract Period Employment Period Exempt Staff Member Instructional Faculty Member Outside Employment Outside Funding Source Overload Employment Reassigned Time Sponsored Work Summer Teaching 4. APPLICABILITY This policy applies to all full-time instructional faculty members, A&P faculty members and exempt classified staff at the university. It applies to all work by the faculty member or exempt staff member for the university within or outside of the scope of the faculty member's or exempt staff member's regular assigned work, both during the term of the faculty member's or staff member's employment period and at times between contracted periods of employment (usually summer months). 5. POLICY The assignment of duties for an instructional faculty member is determined by the AUH or supervisor in consultation with the faculty member and with the approval of the dean. The assignment of duties for an A&P faculty member or an exempt staff member is determined by the faculty or staff member's supervisor. Temporary assignment of extra work to be performed by the faculty or staff member during the employment period may result in additional pay or reassigned time only within the procedures herein. No instructional faculty member, A&P faculty member or exempt staff member may be paid compensation by the university in addition to his or her regular salary for additional work unless the procedures of this policy are followed. 6. PROCEDURES 6.1. Overload vs. Reassigned Time during the employment period. Instructional faculty members, A&P Faculty Members and exempt staff members may be temporarily assigned duties over and above their normal duties during the employment period. A faculty or exempt staff member may receive overload pay for assignments over and above his or her regular duties during the employment period. Alternatively, a faculty or exempt staff member may receive reassigned time from regular duties in order to perform special assigned duties during the employment period. Generally, reassigned time and overload pay may not occur at the same time. Reassigned time combined with overload pay, where the combination of extra duties and the duties remaining from the regular work load after reassigned time exceed the normal workload of the faculty or exempt staff member, require advanced approval in writing from the AUH or director, and the dean or the appropriate Assistant/Associate Vice President ("AVP"). 6.2. Workload Adjustment or "Banking" Teaching Credit. An instructional faculty member's workload may be adjusted by giving the faculty member reassigned time to reflect especially heavy teaching assignments in the immediate prior or current, semester. With approval of the AUH or supervisor and dean, an instructional faculty member may teach an especially heavy load in one semester and "bank" the course(s) taught, such course(s) to be exchanged for reassigned time (a reduced teaching load) during the next regular employment period semester. 6.3. Approval. Overload employment must be approved by the department head or director, and the dean or the AVP. 6.4. Reassigned Time. Reassigned time is determined and assigned by the AUH or director, with the concurrence of the dean or AVP. Reassigned time from normal duties (without a corresponding reduction in salary) is authorized only for official university or Commonwealth business. For an instructional faculty member, reassigned time must be reflected on the instructional faculty member's Anticipated Activity Plan submitted to the AUH. See Faculty Handbook, Section III.E.4.a. 6.5. Externally Sponsored Work During the Employment Period. Work performed under a university grant, contract or other sponsoring agency transaction with an outside funding source during the employment period is usually not considered an overload assignment. A faculty or exempt staff member may not be paid additional compensation for such work unless specific federal regulations are met. To meet federal regulations (OMB Circular A-21), the following three tests must be met:
The pay for such additional work must be proportional to the rate of pay under the faculty or exempt staff member's regular employment. For details, see the Office of Sponsored Programs. 6.6. Sponsored work outside of the Employment Period for Employees on Academic Year or Shorter Contracts. Work performed and paid by an outside funding source during non-employment periods (i.e., the summer if the faculty member is on an academic year appointment) may be considered an overload assignment or a separate contractual arrangement, depending on the application of specific federal regulations (OMB A-21). In either case, the total compensation for such additional work and all other work performed outside of the employment period by the faculty or exempt staff member for the university is strictly limited to a proportional part of the regular base salary (i.e., for summer work by an academic year faculty member, one-third of the faculty member's regular academic year base salary for work taking all three months of the summer, or proportionally less for less time worked). If it is determined that such work constitutes an overload and all other federal requirements are met, the assignments will be made by submitting appropriate documentation to Human Resources to hire/rehire the faculty or exempt staff member as a temporary employee, as described in policies 1311 and 2201. For details, see the Office of Sponsored Programs. 6.7 A&P Faculty and Exempt Staff Members and Teaching A&P faculty members and exempt staff members may only be compensated for teaching courses that are scheduled to meet outside their regular scheduled working hours. A&P faculty and exempt staff members may agree to teach courses during their regular scheduled work hours as reassigned time with the approval of their supervisor, but may not receive additional compensation for teaching the course(s). 6.8. State Regulations Faculty and exempt staff members employed by the university are employees of the Commonwealth, and during the term of their employment they may engage in work for the Commonwealth in only one of the following four categories:
7. RESPONSIBILITIES The AUH or supervisor is responsible for the assignment of duties to an instructional faculty member, in consultation with the faculty member. The supervisor is responsible for the assignment of duties to an A&P faculty member or exempt staff member. The dean or AVP is responsible for reviewing such assignments, and for approving any overload pay. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment 9. EXCLUSIONS This policy does not apply to any instructional or A&P faculty member, or exempt staff member performing work entirely outside of the scope of employment with the university as an independent contractor. But see Policy 1106, Conflict of Interest. This policy does not apply to work performed by the faculty member for any other employer. See Policy 1304, Outside Employment of Faculty. Payment for teaching that occurs outside of the employment period and is not part of the regular duties of an instructional faculty member, A&P faculty member, or exempt staff member is negotiated between the faculty member and his or her AUH or supervisor, and is not legally restricted in amount if no sponsored work is performed by the faculty member during the period outside of the employment period. However, in general, the pay should not exceed a rate of pay proportional to the faculty member's regular salary. This policy does not apply to resources spent by the university as payment for professional development of faculty members. This policy does not apply to bonuses, salary increments, or monetary awards given by the university in recognition of performance. 10. INTERPRETATION The authority to interpret this policy rests with the President, and is generally delegated to the Provost and Senior Vice President for Academic Affairs where it concerns Instructional Faculty and the appropriate senior vice president where it concerns A&P Faculty or exempt staff members. Approved by the President: November, 2005 Index Terms Overload |
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| 1207 | Appropriate Use of Information Technology Resources | October 2013 | 1. PURPOSE The purpose of this policy is to provide direction to members of the university community regarding safe and responsible use of university technology resources and to outline the obligations they have as a whole and individually to abide by established standards of acceptable use. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. STATE OR FEDERAL STATUTE AND/OR REGULATION Consistent with the University’s Memorandum of Understanding granting Level II delegation from the Commonwealth under the Virginia Restructured Higher Education Financial and Administrative Operations Act of 2005 and in keeping with the other university technology policies, JMU exercises independent authority for issuing policy and establishing requirements related to technology management for the institution. 3. Definitions System Security Mechanism: 4. APPLICABILITY This policy applies to all members of the university community who use the university’s information technology resources. This includes, but is not limited to students (applicants, current and graduates), faculty, staff, guests, and external individuals or organizations. The policy applies regardless of the methods of access, whether initiated from on or off-campus and whether using university-owned, privately-owned or third-party systems or networks. 5. POLICY JMU provides a variety of public and non-public information technology resources to provide services, encourage free exchange of ideas and support information sharing. Access to these resources is privilege governed by certain regulations and restrictions. These include university policies, procedures and standards, as well as applicable local, state, and federal laws/regulations. Authorized users are offered the most reliable and reasonably broad access to information technology resources possible. And in return for these access privileges, the user agrees to behave ethically, appropriately, and responsibly in their use of the resources. This means that each person who accesses or uses university information technology resources accepts the responsibilities outlined here and in other university policies and standards. In addition, users will adhere to applicable local, state and federal laws/regulations. Under some circumstances, actions must be taken to preserve the security, integrity and/or availability of university information technology resources or to respond to legal inquiries. Therefore, at the discretion of university senior management, files, data, or communications may be reviewed as necessary with cause, and individuals are not entitled to any expectation of privacy. The university also reserves the right to suspend or discontinue access to university information technology resources as necessary. 6. PROCEDURES Due to the openness of JMU's network, virtually all systems are connected internally and to external resources as well. Improper operation of such systems can result in compromise or operational disruption of the JMU network and related services and data. Thus, there are special requirements related specifically to network-connected devices. These requirements apply to all devices connected to or accessing the JMU network. More specific requirements for the use of JMU information technology resources are communicated through university information technology policies and standards and those otherwise related. Users are responsible to ask questions and assure their own understanding of these requirements. 7. RESPONSIBILITIES 7.1. User Responsibilities: As a user of JMU information technology resources, each user shall:
7.2. University employees: Further, in using university information technology resources, employees shall:
7.3. Other Responsibilities: The university’s Assistant Vice President (AVP) for Information Technology, Information Security Officer, and other IT staff have responsibilities assigned by the university as part of their job responsibilities. Because of their leadership positions and control over resources, AVP’s, deans, and other academic/administrative unit heads, along with principal investigators (PIs) can play a critical role in the use and protection of JMU information resources. They are expected to influence appropriate use outcomes by:
8. SANCTIONS 8.1 Regarding employees, sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 8.2 Regarding students, sanctions will be commensurate with the severity and/or frequency of the offense and may include suspension or expulsion. 8.3 In addition, responses for violation of this policy may include, but are not necessarily limited to, the following:
8.4 The university considers any violation to be a serious offense in its efforts to preserve the privacy, data, and services of individuals and the university. In the case an investigation is begun related to policy and/or legal violations, the university's officials reserve the right to access, examine, intercept, monitor, and copy the files, network transmissions, and/or on-line sessions of any user. The university may choose to suspend a user's access to its resources in connection with investigation of (but not limited to) any of the following:
8.5 In connection with such investigations, users whose files, network transmissions, or computer sessions are affected are deemed to have acknowledged that they are not entitled to any expectation of privacy with regard to their files, data or communications, which may be shared with appropriate investigating officials. In general, the university will exercise discretion as far as is appropriate given the case. 8.6 The university's Office of Audit and Management Services (as well as appropriate JMU or external law enforcement agencies) may be notified of the violation and provided with information and materials relating to the investigation and/or violation. 9. EXCLUSIONS None. 10. INTERPRETATION Authority to interpret this policy rests with the President, and is generally delegated to the Assistant Vice President for Information Technology. Previous Version: April 2012 |
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| 1309 | University Closings, Class Cancellations and Exam Postponements Due to Inclement Weather or Emergencies | June 2012 | 1. PURPOSE The purpose of this policy is to establish a process by which the university may close or cease parts of its operation in response to inclement weather or emergencies. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. 3. DEFINITIONS Authorized closing: 4. APPLICABILITY This policy applies to all JMU employees. 5. POLICY This policy is designed to establish the guidelines and procedures for university closings, class cancellations and for the compensation of designated employees. PROCEDURES James Madison University is primarily a self-contained campus with a large number of residential students requiring a variety of support services, regardless of inclement weather conditions or emergency situations. For the safety and well-being of its students and employees, the university may close or limit its services based on inclement weather or other emergencies. 6.1 Closing Decisions Decisions to close university operations (those operations that do not operate in emergency or inclement weather conditions) will be made by the president or a designee. Individual vice presidents, the executive assistant to the president, deans, directors, department heads and supervisors are not authorized to make closing decisions in their areas. The president or a designee may make such a decision at any time during the calendar year to protect the best interest and welfare of the university community. Should inclement weather or emergency conditions dictate that the university operate with only inclement weather or emergency operations services, one of the following procedures will be followed:
6.2 Classes & Exams Decisions to close university operations will be made by the president or a designee. If the decision to close is made, announcements will be made on JMU radio station 1610AM, on the JMU Home Page, on the JMU Weather Line (540) 433-5300 and on area radio and television stations.
NOTE: If the university is closed because of inclement weather conditions or emergency situations, faculty members are prohibited from requiring students to attend events, classes, laboratories or any other functions on campus. However, students who are participating in off-campus activities such as internships, practica, student teaching or health services placements, or other assigned coursework at locations remote from campus, will still be required to keep and attend their assigned placements, unless the placement site is closed or the student is unable to safely reach the placement site. It is the responsibility of the student to contact the placement site to receive instructions on attendance at the site, and to notify the instructor of record in the course of any closings of the placement site or inability to reach the placement site because of closings or inclement weather conditions. 6.2.1 Final Examinations Missed or Rescheduled Due to Inclement Weather or Emergency Closing In response to inclement weather and other emergencies, the university may be forced to cancel or reschedule final examinations. Decisions to close university operations will be made by the President, or a designee. If the decision to close the university and reschedule final examinations is made, announcements will be made as noted above. When the university closes due to weather or other type of emergency, faculty will administer regularly scheduled examinations at a time designated by the university unless otherwise announced in the course syllabus. The official make up time will be designated as part of the closing announcement. Unless otherwise notified, examination locations will be the same as the location for the regularly scheduled exam. If it is determined that exams cannot be given because of inclement weather or other emergency, faculty will assign final grades to students based on the exams, tests and projects completed prior to the regularly scheduled exam date. 6.3 Faculty & Staff It is the policy of the university to provide classified staff members pay continuity for absences necessitated by the authorized closing of operations due to inclement weather conditions or other emergencies such as utility failure, fire and other forced evacuations.
Wage (part-time employees)
6.4 Compensation for Entire Shift Closing - Non-Designated Employees
Example Another alternative, subject to the supervisor's approval, would be to adjust the employee's work schedule to work an additional two hours later in the same workweek.
6.5 Compensation for Partial Shift Closing - Non-Designated Employees
7. RESPONSIBILITY It is the responsibility of senior vice presidents, the executive assistant to the president, division heads, academic deans, department heads, directors and supervisors to ensure that the provisions of this policy are reviewed with employees and administered to all employees in a consistent manner. Management should inform appropriate employees in writing that they will be required to work during authorized shift closings. It is recommended that these employees ('Designated Staff') be notified at the time of employment, or annually just prior to the winter season, or when it can be predetermined that for certain types of emergencies these employees' services will be necessary. It is the responsibility of the supervisor to provide accurate time and leave information to Human Resources. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination. EXCLUSIONS Not applicable 10. INTERPRETATION The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources. Previous version: June, 2008 Index of Terms |
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| 1405 | Faculty-Staff Waiver of Tuition Program for Degree-Seeking Course Work at JMU | November 2011 | 1. PURPOSE The purpose of this policy is to outline the university's tuition waiver program for degree seeking coursework at JMU in support of the university's commitment to employee development and fulfillment. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 12-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president. 3. DEFINITIONS Non-Degree Seeking Coursework Degree Seeking Coursework 4. APPLICABILITY Except where noted, this policy applies to full time employees, wage or part-time employees, and emeritus faculty and staff. ROTC employees may enroll in credit courses pursuant to this policy. Clinical faculty members and Cooperative Education Partners in the teacher education program who have earned 300 tuition exchange units may use the vouchers earned to enroll in any 3 hour credit course at JMU, except for courses with an "OP" section, where space is available with approval from the Education Support Center. 5. POLICY In support of James Madison University's commitment to the continued professional and personal development of employees, full and part-time faculty and staff, non-student wage employees and emeritus faculty and staff may enroll in James Madison University credit courses of instruction and have normal tuition or tuition deposit fees waived subject to the review and approval of their supervisor and within the terms of this policy. The decision to pursue a JMU degree is a valuable privilege and benefit and represents a plan to commit a great deal of time to study and coursework. Before considering and approving an application for degree-seeking tuition waiver, the supervisor of the faculty or staff member applying for waiver must:
The taxability or non-taxability of tuition waivers for employees is based on the Internal Revenue Code and is subject to change. 5.1 Eligibility The following eligibility restrictions and guidelines apply: 5.1.1 Full-time faculty and staff may apply for degree-seeking tuition waiver after one year of employment. In addition, full-time classified staff must have completed their probationary period to apply for degree-seeking tuition waiver. 5.1.2 Emeritus faculty and staff are eligible to apply for degree-seeking tuition waiver upon being granted the emeritus designation. 5.1.3 Full-time faculty members who are not under a summer teaching contract are eligible to apply for degree-seeking tuition waiver for courses taken during the summer semester(s) upon the approval of their supervisor and dean in the form of signatures on the tuition waiver form. 5.1.4 Part-time faculty members are eligible to apply for degree-seeking tuition waiver after two semesters of teaching and then for courses taken in any semester in which they have an active teaching assignment or in any semester that begins within six months following the last day of their last active teaching assignment. However, part-time faculty must have the signatures of both their supervisor and dean on the tuition waiver form whenever applying for tuition waiver. 5.1.5 Generally, non-student wage employees are eligible for two courses and two labs per calendar year. 5.1.6 Non-student wage employees are eligible for a degree-seeking tuition waiver after 2000 hours of employment and may apply for another tuition waiver after each subsequent 1000 hours. However, a wage employee's eligibility for waiver is not cumulative. Once a waiver is issued, eligibility will not exist again until the employee has worked another 1000 hours. (See exceptions below.) (Example: A wage employee has worked 2425 hours since becoming employed or since the issuance of a previous tuition waiver. The employee is eligible for waiver. However, once a waiver is issued, the 2425 hours are 'zeroed out' and the wage employee must work an additional 1000 hours to be eligible for a subsequent waiver and then another 1000 hours to be eligible for another waiver, etc.) 5.1.7 Non-student wage employees, who have been continuously employed for at least two (2) years and who have worked at least 2000 hours over the course of the previous two (2) years, are eligible to have tuition waived for two courses and two labs per calendar year (one course and one lab per semester) each calendar year beginning with the semester after the two-year anniversary is reached. 5.1.8 Non-student wage employees, who are nine-month employees, (the job mandates a break in employment) are eligible for a waiver for two courses and two labs per calendar year (one course and one lab per semester) after their two-year anniversary. To be eligible they must have worked at least 2000 hours over the course of the previous two years. They are only eligible for a waiver of tuition for courses taken during the time they are actively working. 5.1.9 Employees classified as 'part-time non-teaching' are eligible to apply for degree-seeking tuition waiver for one class and one lab in any semester in which they are employed by the university. Typically, these employees are research assistants, computer lab assistants, etc. 5.1.10 Part-time administrative & professional faculty members are eligible for a waiver for two courses and two labs per calendar year in any semester in which they are employed by the university. 5.2 Limitations: 5.2.1 Applicants who are full time faculty or staff or emeritus faculty or staff may have tuition waived for up to two courses and one lab each semester and per summer. 5.2.2 Applicants who are part-time instructional faculty or part-time administrative & professional faculty may have tuition waived for up to one course and one lab each semester and per summer. 5.2.3 Employees enrolled in the iMBA program are allowed the following waiver limitations: 5.2.3.1 Tuition waived for two courses in quarters 1 and 3 5.2.3.2 Tuition waived for one course in each of quarters 2 and 4 5.2.4 Waiver of tuition is not authorized for private vocal or instrumental instruction or for non-credit courses. 5.2.5 Approval to register for a course and receive waiver of tuition is not authorized for courses offered during normal working hours except when the signing authorities have determined that the following criteria are met: The course relates directly to the individual's assigned duties or is required for a degree-seeking student. And Absence from work to attend classes does not exceed a total of four working hours per week regardless of whether one or two classes are taken per semester. Note about summer classes: Courses taken in May session and in the summer are generally longer in duration than courses in other semesters. Employees may request an exception to the above requirement from their supervisor. If approved by the supervisor, this exception must be noted on the tuition waiver form. Note about leaves of absences: Occasionally, a course may require an extended leave of absence. This applies to such courses as practicums or internships. Tuition may be waived for such courses with the supervisor's and Dean/AVP approval of the leave of absence and if the employee returns to work following the completion of the course. 5.2.6 Emeritus faculty and staff who are not employed by the university must have their application for tuition waiver signed by a representative from the Provost. 5.2.7 An employee who resigns from employment or is terminated for cause during the period in which a course is being taken will be responsible for the full payment of all tuition and associated fees, regardless of whether a tuition waiver has been approved for the course. 5.2.8 This waiver does not apply to individual courses offered thru Outreach and Engagement or other self-supporting programs, except as provided by university policy. Waivers can be used for employees who are fully accepted into the Adult Degree Program. Waivers can also be used for employees who are fully accepted into a Certificate Program or a Degree Program if space is available and with approval from Outreach and Engagement. 5.3 Important Note Concerning Online Courses The Board of Visitors has approved a special tuition rate for online courses. If the online course could be taken in a standard classroom setting (at the regular tuition rate) or If the online course is not required for a particular degree program and not required by the supervisory the amount of tuition waived will not exceed the standard in-state per credit hour tuition rate. Examples:
6. PROCEDURES Persons seeking a waiver of tuition for courses taken under this policy will: 1. Prepare the Waiver of Tuition Form. 2. At a minimum, both the supervisor and reviewer must approve the application for degree-seeking tuition waiver by signing the waiver form. Non-student wage employees must have the signature of their AVP or Dean on each Request for Waiver of Tuition as one of the required signatures. 3. Human Resources will affirm that the employee qualifies for degree-seeking tuition waiver and will then forward the processed Waiver of Tuition Form to the University Business Office for final processing and approval of the waiver to be applied to employee account. Tuition waivers will only be processed after the university's semester census date. Employees receiving a balance due bill after submitting a tuition waiver will have their accounts adjusted by the amount of the tuition waiver for which they quality. 4. Employees will be emailed a copy of waiver processed by HR to retain for their records. 5. Early processing of the Waiver of Tuition Form is strongly encouraged. 6. Taxable waivers are subject to state and federal withholding and social security and Medicare taxes and are based on the employee's taxable income. At the end of each semester, the University Business Office will provide Payroll Services a listing of employees that have received more than $5,250.00 (the amount generally exempt from taxation under Internal Revenue Code Section 127).Payroll Services will collect the appropriate taxes from each employee at the end of the semester in which the employee exceeds the exempt limit for non-job related tuition waivers. Employee's W-2 will include taxable waivers. 7. RESPONSIBILITIES It is the responsibility of the employee and his/her supervisor to ensure that the requirements of the policy have been followed. It is the responsibility of the employee to know and understand this policy regarding online courses. In the event that the employee is requesting tuition waiver for a course that does not qualify for full waiver under this policy, the employee will be responsible for payment of the balance of the tuition not waived. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. 9. EXCLUSIONS Application fees, special course or departmental fees, and readmission fees are to be paid by the employee. This policy does not apply to nor address classes or courses taken at an institution other than James Madison University. For information about such courses, see policy 1401 - Tuition Reimbursement. Employees of 'affiliates' such as Aramark, Follett or Pitney Bowes are not eligible for tuition waiver. 10. INTERPRETATION The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources. Previous Version: December, 2009 Index of Terms |
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| 4104 | Student Loan Activities | January 2010 | 1. PURPOSE The Higher Education Opportunity Act (HEOA) that must be executed by all institutions participating in Title IV financial aid programs including student loan programs requires a code of conduct with which the institution's officers, employees, and agents shall comply. Such code must prohibit a conflict of interest with the responsibilities of an officer, employee, or agent of an institution with respect to such loans, and include the provisions set forth in the HEOA related to conflicts. 2. AUTHORITY This policy is required by and complies with provisions from the HEOA, specifically Section 493 as its Code of Conduct Related to Student Loan Activities. James Madison University (JMU), as a participant in federal loan programs, is required to have a code of conduct applicable to the institution's officers, employees, and agents. While the university has existing policies that address conflicts of interest, the code of conduct established by this policy is specifically related to student loan activities and is an additional requirement specific to certain transactions and activities related to financial aid matters. 3. DEFINITIONS Agent: Conflict of Interest: Covered Institution: Employee: Gift: Higher Education Opportunity Act: Officer: Institution-Affiliated Organization: Lender: Preferred Lender Arrangement: Private Education Loan: Revenue Sharing Arrangement:
Student Loan: 4. APPLICABILITY James Madison University, as a participant in federal loan programs, is required to have a code of conduct applicable to the institution's officers, employees, and agents. 5. POLICY 5.1 Ban on Revenue Sharing Arrangements 5.2 Gift Ban 5.3 Contracting Arrangements Prohibited 6. PROCEDURES Gifts for Family Members A gift to a family member of an officer or employee of an institution, to a family member of an agent, or to any other individual based on that individual's relationship with the officer, employee, or agent, shall be considered a gift to the officer, employee, or agent if-
7. RESPONSIBILITIES The Financial Aid Director is responsible for the management of this policy, including meeting all requirements of the HEOA related to publication of the code and annual disclosures and annual distribution of the Code of Conduct to all university officers, employees and agents with responsibilities related to student loan activities. 8. SANCTIONS Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment or expulsion from the university. Further and specifically, violations of university policies, including the failure to avoid a prohibited activity or disclose a conflict of interest in timely manner, will be dealt with in accordance with applicable university policies and procedures, which may include disciplinary actions up to and including termination from the university. 9. EXCLUSIONS The term 'gift' shall not include any of the following:
Exclusions/exceptions regarding officers and employee. This policy does not prohibit:
10. INTERPRETATION Authority to interpret this policy rests with the President and is generally delegated to the Financial Aid Director. Previous version: None Index Terms Financial Aid |
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| 1000 | University Policy Management | March 2014 | 1. PURPOSE This policy outlines the process of policy management at the university, primarily by the University Policy Committee (UPC). The UPC is a team that is responsible for assisting the president and vice presidents with the oversight and management of those policies that have wide university impact. 2. AUTHORITY The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president. STATE OR FEDERAL STATUTE AND/OR REGULATION University policies fall within a greater hierarchy of laws, statutes and regulations as well as within the following framework and therefore, are subject to compliance with laws and regulations instituted by higher levels of authority:
3. DEFINITIONS Policy: Procedure: University Policy Committee: Division: Academic Affairs The President’s Office, while not considered a division, includes University Legal Services. 4. APPLICABILITY University policies and procedures are applicable to all members of the university community, unless the specific policy states otherwise. The Manual of Policies and Procedures includes only those policies and procedures that are generally applicable to more than one division of the university. Matters pertaining to one division or to the internal procedures of a given division, department or offices are not considered to be within the scope of this policy or the purview of the UPC. 5. POLICY The Manual of Policies and Procedures is the official repository of university policies and is available electronically by accessing http://www.jmu.edu/JMUpolicy/. Each policy will include the following information:
6. PROCEDURES The Director of Human Resources will maintain the master list of policies within the Manual of Policies and Procedures website. An approved hard copy of each policy will be kept on file. The policies will be maintained on the university web site and users may print copies directly from the system. The procedures to initiate, review, and approve new or revised policies, and to eliminate policies, are as follows.
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