Employee Rights and Responsibilities

Table of Contents for Employee Rights and Responsibilities

Code of Conduct

Social Media

Ownership of Work

Performance Planning and Evaluation

Corrective Action

Open Door Policy: Grievance and Complaint Resolution

Employee Records

Information Technology and Communications

Code of Conduct

Orderly and efficient operation of the University requires that employees maintain proper standards of conduct and observe certain procedures. These guidelines are provided for informational purposes only and are not intended to be all-inclusive. Nothing herein is intended or shall be construed to change or replace, in any manner, the “at-will” employment relationship between the University and all staff. 

The University views the following as inappropriate behavior:

1. Negligence, carelessness, or inconsiderate treatment of University students and/or their matters/files.
2. Theft, misappropriation, or unauthorized possession or use of property, documents, records, or funds belonging to the University, or any student or employee; removal of same from University premises without authorization.
3. Divulging confidential information, of any kind, to any unauthorized person(s) without an official need to know.
4. Obtaining unauthorized confidential information pertaining to students or employees.
5. Changing or falsifying student records, University records, personnel or pay records, including time sheets, without authorization.
6. Willfully or carelessly damaging, defacing or mishandling property of a student, the University, or other employees.
7. Taking or giving bribes of any nature, or anything of value, as an inducement to obtain special treatment, to provide confidential information, or to obtain a position. Acceptance of any gratuities or gifts must be reported to your supervisor.
8. Entering University premises without authorization.
9. Willfully or carelessly violating rules regarding security, safety, or fire-prevention.
10. Unauthorized use of a personal vehicle for University business.
11. Unauthorized use of a University vehicle.
12. Unprofessional behavior.
13. Insubordination or refusing to follow instructions of the immediate supervisor or Senior Leadership Team member; refusal or unwillingness to accept a job assignment or to perform job requirements.
14. Failure to observe scheduled work hours; failure to contact supervisor in the event of illness or absence within 30 minutes of the scheduled start of work; failure to report to work when scheduled; unauthorized or excessive use of sick leave or any other leave of absence.
15. Leaving the assigned work location during scheduled work hours without permission; unauthorized absence from assigned work area during regularly scheduled work hours.
16. Sleeping or loitering during regular working hours.
17. Recording time for another employee or having time recorded by another employee.
18. Unauthorized use or possession of intoxicating beverages or illegal use or possession of narcotics or drugs on University premises or during working hours, or reporting to work under the influence of intoxicants or drugs.
19. Unauthorized possession of a weapon on University premises.
20. Gambling on University premises.
21. Soliciting, collecting money, vending, and posting or distributing bills or pamphlets on University property. These activities are closely controlled in order to prevent disruption of University services and to avoid unauthorized implication of University sponsorship or approval. However, this general rule is not intended to hinder or in any way curtail the rights of free speech or free expression of ideas. Therefore, such activity by employees during non-working time, including meal and rest periods, is not restricted so long as such activity does not interfere with the orderly and regular conduct of the University business, is lawful, conducted in an orderly manner, and does not create safety hazards or violate general good housekeeping practices. Any person who is not an employee of the University is prohibited from any and all forms of solicitation, collecting money, vending, and posting or distributing bills or pamphlets on University property at all times.
22. Falsification of one’s employment application, medical, or employment history.
23. Unlawful conduct, on or off University premises, which adversely affects the University services, property, reputation or goodwill in the community, or interferes with work.

Social Media

For the purposes of this handbook, social media includes, but is not limited to, works of user-created video, audio, text, photo, or other media that are published and shared in a social environment, such as a blog or microblog, wiki, social network, virtual gaming or social world, instant messaging, or video hosting site.

All employees are required to comply with the current OWU Social Media Policy.

Ohio Wesleyan encourages the use of social media by our University community as a way to enhance our local, national, and global reputation and our connection with current and future students, parents, alumni, donors, and other key constituencies. When used responsibly, social media accounts provide an effective way to promote the University and to share information and perspective across a broad range of topics. The provisions of this handbook are intended to safeguard faculty, staff, students, and the University community as a whole by setting forth expectations for the acceptable use of social media on behalf of the University by staff, and recognized groups and organizations thereof, or their designees.

Any individual or department wishing to establish a social media presence for the benefit of OWU must receive authorization from their Senior Leadership Team member and University Communications prior to establishing the account. The administrative credentials for any such account must be disclosed to University Communications. The use and control of the account remains with OWU regardless of the employment status of the originator or creator.

Employees are expected to devote their full attention to their job during working time. The use of OWU computer equipment to engage in personal business and social networking activities is highly discouraged. However, occasional or infrequent use is permitted provided the use does not have a negative impact on the employee’s work or work environment, and the activity or content is in compliance with other University policies and conforms to the Social Media Guidelines located on the Office of University Communications webpage.

To the extent the use of personal social media accounts may reasonably be construed as implying the support, endorsement, or opposition of the University, individuals must distinguish their personal views from those that they are authorized to express on behalf of the University.

Employees who use social media during their time away from work on non-University systems in ways which are inconsistent with the University’s policies, violate the law, or adversely affect the employee’s job performance or the employee’s ability to do his/her job or to function effectively in the workplace may be subject to discipline up to and including termination.

Only individuals officially designated by the University have authorization to communicate via social media on behalf of the University. Employees are prohibited from revealing via social media any confidential or proprietary information of the University, such as financial information, business/marketing strategies, and confidential employee information (e.g., medical information, Social Security numbers).

Ownership of Work

As an employee of Ohio Wesleyan, be aware that creative works, like but not limited to documents, photographs, diagrams, drawings, charts, computer code or video or audio recordings, that you create, in whole or in part, within the scope of your employment are automatically owned by the University pursuant to the US Copyright Act. Any works or inventions you create with Ohio Wesleyan resources such as but not limited to time, money, equipment, trade secrets, staff or knowledge learned during your employment with the University, may be deemed owned by Ohio Wesleyan at the University’s sole discretion and you will be required to sign documents to that effect upon Ohio Wesleyan’s request. Ownership of works or inventions you create outside the scope of your employment with Ohio Wesleyan in which no University resources were used in the creation or invention will be governed by the applicable US law without a claim by the University.

Performance Planning and Evaluation

Performance planning and evaluation is a process by which managers and employees work together to plan, monitor, and review an employee’s work objectives and overall contribution to the organization. This process could have many different levels and aspects depending upon an employee’s duties and responsibilities. Ohio Wesleyan encourages employees and managers to actively engage in ongoing planning and evaluation activities appropriate to the employee’s objectives.  

Copies of completed employee performance evaluations will be placed in the employee’s personnel files in the Human Resources Department. 

Corrective Action

A high level of job performance is expected of you. In the event that your job performance does not meet the standards established for your position, you should seek assistance from your supervisor to attain an acceptable level of performance. If you fail to respond to attempts to improve your performance or fail to make positive efforts toward improvement, corrective action may ensue, including termination of employment.

It is the policy of the University to regard discipline as an instrument for developing total job performance rather than as punishment. Corrective action is one tool the University may select to enhance job performance. The University is not required to take any disciplinary action before making an adverse employment decision, including employment discharge. Corrective action may be in the form of a written or oral reprimand, notice(s) of inadequate job performance, suspension, discharge, or any combination of the above, if the University so elects. The University reserves the right to choose the level, manner, and form of discipline, at its sole discretion.

These rules are not intended to be all inclusive of the required discipline, proper standards of conduct or obligations which employees must follow. Instead, they are intended to protect the rights of everyone and help make each individual a better and more productive employee.

Outlined below are the steps of our progressive discipline policy and procedure. This progressive discipline policy and procedure is designed to provide a structured corrective action process to improve and prevent a recurrence of undesirable behavior and/or performance issues. The University reserves the right to combine or skip steps depending upon facts of each situation and the nature of the offense. The level of disciplinary intervention may also vary. Some of the factors that will be considered depend upon whether the offense is repeated despite coaching, counseling and/or training, the employee’s work record, and the impact the conduct and performance issues have on the University.

Procedure

Step 1: Counseling and Verbal Warning

Step 1 creates an opportunity for the immediate supervisor to schedule a meeting with an employee to bring attention to the existing performance, conduct, or attendance issue. The supervisor should discuss with the employee the nature of the problem or violation of University policies and procedures. The supervisor is expected to clearly outline expectations and steps the employee must take to improve performance or resolve the problem.

Immediately following this discussion with the employee, the supervisor will prepare written documentation of a step 1 meeting. The employee may be asked to sign this document. The employee’s signature is requested simply to demonstrate the employee’s understanding of the issues and corrective action needed.

Step 2: Written Warning

While it is hoped that the performance, conduct or attendance issues identified in step 1 have been corrected, the University recognizes this may not always be the case. A written warning involves a more formal documentation of the performance, conduct, or attendance issues. During step 2, the immediate supervisor and perhaps a secondary manager or member of the Human Resources Department will meet with the employee and review any additional incidents or information about the performance, conduct, or attendance issues as well as any prior relevant corrective action plans. The divisional Senior Leadership Team member will outline the consequences for the employee of his or her continued failure to meet performance and/or conduct expectations. A formal performance improvement plan (PIP) requiring the employee’s immediate and sustained corrective action may be issued following a step 2 meeting. A warning outlining that the employee may be subject to additional discipline up to and including employment termination if immediate and sustained corrective action is not taken may also be included in the written warning.

Step 3: Suspension and Final Written Warning

There may be performance, conduct, or safety incidents so problematic and harmful that the most effective action may be the temporary removal of the employee from the workplace. In such instances, the immediate supervisor may suspend the employee pending the results of an investigation.

Suspensions recommended as part of the normal progression of this progressive discipline policy and procedure are subject to approval by Human Resources.

Depending upon the seriousness of the infraction, the employee may be suspended without pay in full-day increments consistent with federal, state, and local wage-and-hour employment laws. Non-exempt employees may not substitute or use an accrued paid vacation or sick day in lieu of the unpaid suspension. Due to Fair Labor Standards Act (FLSA) compliance issues, unpaid suspension of salaried/exempt employees is reserved for serious workplace safety or conduct issues. The Human Resources Department will provide guidance so that discipline is administered without jeopardizing the FLSA exemption status.

Pay may be restored to the employee if an investigation of the incident or infraction absolves the employee, if applicable.

Step 4: Recommendation for Termination of Employment

The last and most serious step in the progressive discipline procedure is a recommendation to terminate employment. Generally, the University will try to exercise the progressive nature of this policy by first providing warnings, final written warning and/or suspension from the workplace before proceeding to a recommendation to terminate employment. However, the University reserves the right to combine and skip steps depending upon the circumstances of each situation and the nature of the offense. Furthermore, employees may be terminated without prior notice or disciplinary action.

The divisional Senior Leadership Team member’s recommendation to terminate employment must be approved by the Director of Human Resources.

Nothing in this policy provides any contractual rights regarding employee discipline or counseling nor should anything in this policy be read or construed as modifying or altering the employment-at-will relationship between the University and its employees.

Performance and Conduct Issues Not Subject to Progressive Discipline

Behavior that is illegal is not subject to progressive discipline and may be reported to local law enforcement. Theft, intoxication at work, fighting, and other acts of violence are also not subject to progressive discipline and may be grounds for immediate employment termination. This is not an exhaustive list of behavior that will subject an employee to immediate employment termination.

Documentation

The employee will be provided with copies of all progressive discipline documentation, including all performance improvement plans. The employee will be asked to sign copies of this documentation attesting to the receipt and understanding of the corrective action outlined in these documents.

Copies of these documents will be placed in the employee’s official personnel file.

Open Door Policy: Grievance and Complaint Resolution

The University subscribes to the open door policy. You may bring a particular complaint to your supervisor for resolution. When matters cannot be handled on an informal basis, the University has established a formal procedure for a fair review of any work-related controversy, dispute, or misunderstanding. A complaint may be brought by one or more employees concerning any work-related problem where the complaint has not been satisfactorily resolved in an informal manner.

This policy does not apply to complaints regarding discrimination or harassment. Those complaints should be made pursuant to the reporting procedures set forth in the University’s policies regarding discrimination and harassment.

Step 1 - The complaint must be submitted in writing to the divisional Senior Leadership Team member or designee within 3 working days of the incident. A written request for a meeting must be submitted simultaneously. Generally, a meeting will be held within 3 working days of the employee’s request depending upon scheduling availability. Witnesses will be allowed as necessary. If the problem is not resolved during this meeting, the divisional Senior Leadership Team member or designee will give the employee a written resolution within 3 working days. If the employee is not satisfied, the employee may proceed to Step 2.

Step 2 - If the employee is not satisfied after Step 1, the employee may submit a written request for review of the complaint and Step 1 solution to the member of the Senior Leadership Team responsible for the requesting employee’s division. Such a request must be made within 3 working days following the receipt of the Step 1 resolution. The divisional Senior Leadership Team member or appointed representative will review the complaint and proposed solution and may call a further meeting to explore the problem. This meeting is to be attended by the employee concerned, the employee’s immediate supervisor, and any other employee of the University whom the aggrieved employee chooses. The Senior Leadership Team member or appointed representative will render the final decision within 10 working days after receiving the Step 2 request, assuming scheduling availability. The decision will be given to the employee in writing and will become part of the employee’s personnel file.

Employee Records

The University will maintain various employment files while you remain an employee of the University. Examples of these files are: employee personnel files, benefit files, and files for medical purposes. If you should have any changes with respect to personal information, such as a change in your home address and telephone number or a change of name, employees are expected to update their personal contact information, in all applicable systems, as needed.

Employee files have restricted access. You and your supervisor may have access. In the event that you wish to review your personnel file, you must do so in the presence of a representative from the Human Resources Department. You may review your personnel file by making a written request to the Human Resources Department. The written request will become a permanent part of your file. The University is not required to provide copies of any documents contained in your personnel file.

Information Technology and Communications

Electronic Assets Usage

The information below represents highlights of the University’s Electronic Assets Usage.  Employees are responsible for being compliant with the full, current policy located at:   https://www.owu.edu/about/offices-services-directory/information-services/policies/computer-use/. This policy applies to all Ohio Wesleyan employees, whether physically located in University facilities or working at remote locations, including their homes.

The University’s electronic communications systems include, but are not limited to, all of the following and any other University technologies used to access, produce, and distribute data and information, as well as any future technologies acquired by the University to do the same: computers, servers, databases, e-mail, internet access, PCs, laptops, telephones, cell phones, and fax machines.

The University recognizes that use of the Internet has many benefits for the University and its employees. The Internet and email make communication more efficient and  effective. Therefore, employees are encouraged to use the Internet appropriately. Unacceptable usage of the Internet can place the University and others at risk.

The following guidelines have been established for using the University’s electronic communications systems in an appropriate, ethical and professional manner:

• The University’s electronic communications systems may not be used for transmitting, retrieving or storing of any communications of a defamatory, discriminatory, or harassing nature or materials that are obscene or X-rated. For example, no messages with derogatory or inflammatory remarks about an individual’s race, age, sex, disability, religion, national origin, physical attributes, or sexual preference shall be transmitted. Harassment of any kind is prohibited.

• The University’s electronic communications systems may not be used for any illegal activities – including but not limited to piracy, hacking, extortion, blackmail, copyright infringement, or unauthorized access to any computers on the Internet or email.

• Copyrighted materials belonging to entities other than the University may not be transmitted by employees on the University’s network. All employees obtaining access to other companies’ or individuals’ materials must respect all copyrights and may not copy, retrieve, modify or forward copyrighted materials, except with permission or as a single copy to reference only. If you find something on the Internet that may be interesting to others, do not copy it to a network drive. Instead, give the URL (uniform  resource locator or “address”) to the person who may be interested in the information and have that person look at it on his/her own.

• Do not use the system in a way that disrupts its use by others. This includes sending or receiving many large files and “spamming” (sending email messages to thousands of users.)

• The Internet is full of useful programs that can be downloaded, but some of them may contain computer viruses that can extensively damage our computers. Be sure to virus-check downloaded files immediately. Instructions on how to check for viruses are available through Information Services. Employees are expected to adhere to all current employee user policies.

• Each employee is responsible for the content of all text, audio or images that he/she places or sends over the University’s electronic communications systems. No email or other electronic communications may be sent which hide the identity of the sender or represent the sender as someone else. Also, be aware that the University’s name is attached to all messages, so use discretion in formulating messages.

• Email is not guaranteed to be private or confidential. All electronic communications are University property. Therefore, the University reserves the right to examine, monitor and regulate email messages, directories and files, as well as Internet usage. Also, the Internet is not secure, so don’t assume that others cannot read or possibly alter your messages.

• Internal and external email messages are considered business records and may be subject to discovery in the event of litigation. Be aware of this possibility when sending email within and outside the University.

  • Employees are required to change their OWU system passwords every 12 months.

  • Employees must avoid using their OWU password for personal, non-OWU websites or services.

• Employees are required to abide by the current Ohio Wesleyan University Computer Use Policy. 

  • The Data Classification Guidelines

  • The Data Handling Guidelines

The University’s electronic communications systems and the data transmitted through and contained within it are University property. Employees should not have any expectation of privacy for any files, documents, or other communications created, stored, or transmitted using these systems. This is true even when a password or other security is placed on the communication, and regardless of whether it is related to personal or business use. By using the University’s electronic communications systems, employees give their consent to monitoring, recording, reviewing, accessing, deleting, and disclosing of all communications received or sent on those systems, when the University deems it appropriate to do so, and within the limits of applicable law.

Any employee who abuses the privilege of University-facilitated access to the University’s electronic communications systems may be denied access to those systems and, if appropriate, be subject to disciplinary action up to and including termination.