Employee Handbook Appendix
This statement is included in a handout all employees receive, sign and return when they begin work at Augustana, or upon receipt of the handbook:
I hereby acknowledge I have received a copy of Augustana College's Employee Handbook or have viewed the online version. I understand that the policies and procedures set forth in the handbook are not an expressed or implied contractual guarantee regarding my employment relationship with Augustana College, nor do they represent contractual terms of employment. I understand that it is my responsibility to carefully review the employee handbook and ask my supervisor or the director of Human Resources about any of the material that is unclear to me. I also understand that Augustana College, at its option, may change, delete, suspend or discontinue any part or parts of this handbook at any time without advance notice. I also understand that updates are incorporated into this handbook. Printed copies can be requested by contacting the Office of Human Resources.
Steve Bahls, President of the College
Kirk Anderson – Chief Financial Officer, Vice President of Finance and Administration
Accounting, Budget, Facilities, Food Service, Human Resources, Information Technology, Payroll
Kent Barnds – Executive Vice President of External Relations, Communication and Planning
Admissions, Financial Aid, Communication and Marketing, Public Relations, Web Services
Wes Brooks – Vice President, Dean of Student Life
Athletics, Diversity, Housing, Intramurals, Student Activities, Student Counseling, Security
Sheri Curran – General Counsel
Compliance, Contract Review, Legal Affairs, Risk Management
Wendy Hilton-Morrow – Provost
Chief Academic Officer Accreditation, Advising, Convocations, CORE, Curriculum Assessment, Faculty, Field Stations, Institutional Research, International Study, Reading/Writing Center, Tredway Library
Richard Priggie – Chaplain
Lutheran Brotherhood Chaplaincy Chair Campus Ministries, Church Relations, Ecumenism, Service Trips, Special Events, Worship Services
Keri Rursch – Assistant Vice President of Communication and Marketing
Monica M. Smith – Vice President of Diversity, Equity, and Inclusion
Conflict of Interest Policy
This policy covers all members of the Board of Trustees, officers of Augustana College and employees involved in a material manner in decisions involving the obtaining of services or goods from outside sources. Further, it is intended to serve as a guide to all persons employed by the college, regardless of position.
Trustees, officers and others with significant responsibilities for the college have a fiduciary duty of loyalty to the college. At all times they should act in a manner consistent with this fiduciary obligation and shall exercise particular care that no detriment to the interests of the college (or the appearance of such detriment) may result from a conflict between those interests and any personal interests which the individual may have.
Conflicts of interest include (a) the direct or beneficial ownership of 5 percent or more of the ownership of, or 5 percent or more of the financial obligations of, any organization supplying goods or services to the college; (b) the performance of services to other organizations that do business with the college except for such services that do not account for more than 5 percent of the income of the recipient; (c) the receipt or acceptance of cash in any amount or benefits in excess of a cumulative value greater than $250 in any consecutive 12-month period from any organization doing, or seeking to do business with, the college; (d) participation in or taking advantage of any business opportunity or activity in which the college has an interest but excepting the direct or beneficial ownership of less than 5 percent of any outstanding class of bonds or other indebtedness of the college; (e) being indebted to the college in an amount in excess of $25,000 but excepting unfulfilled pledges to the college; and (f) service as a director or executive officer of, or as an employee with a material personal stake in, any organization that supplies goods or services or does business with the college. Conflicts of interest also may occur by virtue of receipt of benefits by a spouse or family member in the circumstances stated earlier. Individuals covered by this policy are expressly prohibited from using their position to gain favorable or preferential access to vendors, investment advisors or organizations for their own benefit.
All individuals covered by this policy shall complete and file a Conflicts of Interest Disclosure Statement annually by November 1 with the secretary of the Board of Trustees, or in the case of a college employee, with the president.
In the period between the filing of the annual statements, if individuals covered by this policy believe they may have a conflict of interest with respect to any particular transaction, they shall promptly and fully disclose the potential conflict to the secretary and in their discretion also to the board, the particular committee involved in the transaction or in the case of a college employee to the president. The individual shall refrain from participating in any transaction with the college that may be impaired by the potential conflict until its review and conclusion by the audit committee of the Board of Trustees, but excepting situations where the individual has made a full disclosure of the conflict to the board, to the particular committee involved in the transaction, or in the case of a college employee to the president.
The college is aware that it may not be possible to completely avoid all relationships between those individuals covered by this policy and certain third parties with which the college transacts business. One of the keys to evaluating the potential conflict is full disclosure. No trustee, officer or employee shall be disqualified from holding office by reason of any interest.
1. Disclosure Review
The secretary and the president will accumulate all disclosure statements and furnish them to the audit committee. The secretary and the president shall be responsible for ensuring compliance by everyone covered by this policy and report to the audit committee those individuals failing to furnish an annual statement.
2. Conflict Resolution
In all instances where the audit committee determines that a conflict of interest does exist, such conflicts and their remedy, if not otherwise fully disclosed, shall be disclosed to the board, the applicable committee or the president, as the case may be. The audit committee shall report to the board at least annually in any case and also may propose for board action amendments, revisions or additions to those conflicts of interest enumerated earlier.
When those covered by this policy are in a conflict of interest situation with respect to any matter before the board, an applicable committee or the administration, that individual shall refrain from voting on any proposed transaction that may be impaired by the conflict. Any such transaction shall require the approval by vote of a disinterested majority of the board or of the particular committee or where applicable, the president, as the case may be. When deemed appropriate, a notification shall be made in the minutes of the meeting that the person involved did not vote on the matter.
The individual disclosure statements shall be held confidential by the board, the applicable committee, the president, its secretary and the audit committee. The statements shall be open for inspection by the public only: (a) by official action of the board upon showing of good cause; (b) with the consent of the person who submitted the data that is to be disclosed; (c) by court order; or (d) as otherwise required by Illinois or federal law or regulation.
Alcohol & Illegal Drug Abuse
The following policy was adopted in conformance with the requirements of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989. The object of the policy is to provide a drug-free workplace and campus and to assist employees and students with problems related to alcohol and illegal drug abuse.
It is the policy of Augustana College that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited anywhere on its premises or property or as a part of any college-related activity. Any employee or student of the college found to have violated the rule shall be subject to disciplinary action in accordance with published procedures up to and including dismissal. Where appropriate, the college reserves the right to refer individuals for treatment in lieu of disciplinary action.
Members of the college community are reminded that illegal manufacture, distribution, dispensing, possession or use of controlled substances also may subject individuals to criminal prosecution and penalties that may include fines and/or incarceration. If the situation merits, the college will refer individual cases for appropriate legal action.
As a condition of employment or enrollment, all employees and students of Augustana College shall abide by the terms of this policy and will notify their supervisors and the Business Office (in the case of employees) or the Office of Student Life (in the case of students) of any criminal drug statute conviction for a violation occurring on the college premises or property, or as a part of any college-related activities. Notification must be made no later than five days after such conviction. For purposes of this policy, “conviction” means a finding of guilt or imposition of sentence, or both, by any federal or state judicial body. Failure to report such a conviction may result in immediate dismissal.
The term “controlled substance” as used in this policy means those substances included in Schedules I through V of Section 202 of the Controlled Substances Act. The term does not include the use of a controlled substance in conformation with a valid prescription or other uses authorized by law.
It also is the policy of Augustana College that the possession, use or distribution of alcoholic beverages on its premises or property or as a part of any college-related activities is prohibited. This includes alcoholic beverages found in lockers or residence hall rooms. An exception to this policy is that alcoholic beverages may be served and consumed by employees at special meetings or events that are catered by Augustana Dining Services or at which the Office of Student Life has approved the serving of such beverages. Also excluded are the private apartments of residence hall directors. An employee or student who violates this policy will be subject to discipline, up to and including dismissal. Employees who report to work under the influence of alcohol will not be permitted to work that day and may be subject to further discipline.
Augustana College provides regular programming and materials aimed at alerting its students, faculty and staff to problems relating to alcohol and drug abuse. Included in this section is an online source for a chart summarizing the effects and health risks associated with the use of illicit drugs and alcohol. However, the primary resources utilized for the prevention and treatment of alcohol and drug abuse are professionals, agencies and clinics located within the Quad-City area.
The college takes the position that, except in matters of disciplinary referral, the decision to seek diagnosis and accept treatment for alcohol and drug problems is the responsibility of the employee and student. The decision to seek treatment will not be detrimental to job security or student status. Because supervisors, managers, department directors or chairs, and most faculty are not professionally qualified to identify substance abuse, referrals by them are based on unsatisfactory job or school performance. At the point at which the college is involved, the right to confidentiality will be respected in both informal and formal procedures, insofar as possible.
Frequently utilized local resources for evaluation
Al-Anon Information Service
2033 E. 32nd St.
Davenport, IA 52807-2050
Alcoholics Anonymous Illowa Intergroup
1706 Brady St., Suite 201
Davenport, IA 52803
Center for Alcohol and Drugs Services (CADS)
1523 S. Fairmount St.
Davenport, IA 52801
Center for Alcohol and Drugs Services (CADS)
4230 11th St.
Rock Island, IL 61201
Genesis Addiction Recovery Center
1401 West Central Park
Davenport, IA 52803
R.I. County Council on Addiction
1607 John Deere Road
East Moline, IL 61244
Trinity Medical Center – West
2701 17th St. Rock Island, IL 61201
National toll-free numbers concerned with alcohol and drug abuse
Alcohol and Drug Referral Hot Line, 1-800-252-6465
Narcotics Anonymous World Services, 1-818-773-9999
National Drug & Alcohol Treatment Referral Service, 1-800-662-4357
The following is provided to give a brief guide to the effects of alcohol and a variety of commonly abused drugs and to the criminal penalties that may accompany the conviction for the illegal manufacture, distribution, dispensing, possession or use of controlled substances.
Alcohol consumption causes a number of marked changes in behavior. Even in low doses, alcohol can significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol can increase the incidence of a variety of aggressive acts, including spousal and child abuse. Moderate to high doses of alcohol can cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses can cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.
Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations and convulsions. Alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, also can lead to permanent damage to vital organs such as the brain and the liver.
Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk of becoming alcoholics than other children.
Drugs of Abuse – Uses and Effects
Source: U.S. Department of Justice, Drug Enforcement Administration
Source: U.S. Department of Justice, Drug Enforcement Administration
Some of these penalties are described in pages taken from the U.S. Department of Justice Drug Enforcement Administration Publication, “DRUGS OF ABUSE” - pub dt 2005. Additional information is available in the Office of Human Resources, the Office of Student Life and the Tredway Library.
Family & Medical Leave Act (FMLA)
Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
- for incapacity due to pregnancy, prenatal medical care or childbirth;
- to care for the employee's child after birth, or placement for adoption or foster care;
- to care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or
- for a serious health condition that makes the employee unable to perform the employee's job.
Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-¬week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation or therapy; is in outpatient status; or is on the temporary disability retired list.
Benefits and Protections
During FMLA leave, the employer must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits and other employment terms.
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.
Who can take FMLA leave?
To be eligible to take leave under the FMLA, an employee must:
- work for a covered employer;
- have worked 1,250 hours during the 12 months prior to the start of leave;
- work at a location where the employer has 50 or more employees within 75 miles; and
- have worked for the employer for 12 months. The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave. In general, only employment within seven years is counted unless the break in service is (1) due to an employee’s fulfillment of military obligations, or (2) governed by a collective bargaining agreement or other written agreement.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies also may be taken on an intermittent basis.
Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. To use paid leave for FMLA leave, employees must comply with the employer's normal paid leave policies.
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer's normal call-in procedures. Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.
Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility. Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA protected, the employer must notify the employee.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
- interfere with, restrain or deny the exercise of any right provided under FMLA;
- discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.
FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.
FMLA section 109 (29 U.S.C. § 2619) requires FMLA-covered employers to post the text of this notice. Regulations 29 C.F.R. § 825.300(a) may require additional disclosures.
For additional information:
1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627
U.S. Department of Labor Employment Standards Administration Wage and Hour Division