Administrators' Conduct

Contents of this Section:

Conflict of Interest Policy

Preamble

The University of San Francisco is committed to pursuing "a common good that transcends the interests of particular individuals or groups" and to distinguish itself as "a diverse, socially responsible learning community". Among its core values is the belief that "no individual or group may rightfully prosper at the expense of the other". The Conflict of Interest Policy primarily intends to guide members of the University community to carry out their employment responsibilities in a manner that reflects and reinforces the values of USF. It further aims to ensure compliance with federal and state law and contractual obligations.

Policy

All University employees are obligated to conduct the affairs of the University in a manner that promotes the University's mission, vision, and values. A conflict of interest may exist on two levels: (1) when an employee has financial, personal, or other considerations that may affect or appear to affect his or her professional judgment in decision making on behalf of the University or, (2) when the University itself has financial or other considerations that may affect or appear to affect its decision making as it relates to the University's values, mission and/or business practices.

In general, the University expects all employees to:

i.    Be aware of the potential for real or apparent conflicts of interest in all their employment activities.

ii.   Abide by the standards set forth in the policy (including any additional procedures adopted by individual colleges or departments in furtherance of this policy).

iii. Fully disclose professional and relevant personal activities and relationships that create a real or apparent conflict of interest.

iv. Address conflicts of interest that arise.

v.   Conduct University business with appropriate transparency.

Individual Conflicts of Interest

Each employee must:

1. Refrain from using University resources to further employee's interests (or the interests of his or her immediate family) or the interests of any individual or group above the best interests of the University. For purpose of this policy, immediate family includes spouse, partner, parents, children, siblings, in-laws.

2. Disclose any significant ownership, board service, consulting relationship, management or financial interest in any entity doing business, or proposing to do business with the University.

3. Refrain from participating in transactions with the University (other than one's employment), which could result in personal profit except upon the written approval of the appropriate Dean or Vice President and the General Counsel.

4. Refrain fom accepting (without disclosing to the appropriate Dean or Vice President and the General Counsel) any gift compensation, or benefit with a value of more than $250 from any person or organization who aims to influence the employee's professioanl judgment. This includes any person or organization with whom the employee may transact business on behalf of the University. Items valuing $250 or less are not included within this policy unless in the aggregate the total value exceeds $250 per year, in which they must be reported to the appropriate Dean or Vive President and General Counsel.

5. Refrain from making payments or providing gifts or services in the name of, or on behalf of the University or with University funds, services or facilities to anyone affiliated with a government or accrediting agency who is in a position to influence an action or decision related to the University.

6. Refrain from making or soliciting partisan contributions in the name of, or on behalf of the University or with University funds, services or facilities in any manner to, or in aid of, any political party, group, candidate or cause, so as not to jeopardize the University's tax exempt status which prohibits it from endorsing any political party group, or cause.

Institutional Conflicts of Interest

An institutional conflict of interest may exist if the University has commercial arrangements that provide collateral benefits to the institution, such as when a vendor offers a gift to the University or if the University shares in the revenue generated by sale of the vendor’s product to students or employees. To ensure that the University’s best interests are served, these situations should be carefully reviewed by senior leadership. The appropriate Vice President will consider the following questions:

i. Does the transaction entail a conflict between the USF’s values, mission, and/or financial interests?

ii. Does the transaction entail receipt by the University of financial benefit that may affect or appear to affect the quality or price of goods or services offered to students or other constituents?

iii. Does the transaction entail the actuality or appearance that the University is profiting to the detriment of students or other constituents?

iv. Would disclosure of the collateral benefit alleviate any actual or apparent conflict of interest?

If the answer to any of the above questions is yes, the President's Cabinet must resolve the matter.

Disclosures:

A conflict or a potential conflict of interest can arise at any time. Employees must disclose such situations to their supervisors before occurrence, if possible, and in any event as quickly as possible after it arises. The employee must complete section 1 of the Conflict of Interest Disclosure Statement and give it to his/her supervisor. If an employee is in doubt about a situation, he or she should fully disclose the situation. There is no harm in over-disclosing; by contrast, failures to disclose may subject the employee to disciplinary action.

The supervisor to whom an employee discloses a possible conflict of interest must complete section 2 of the Conflict of Interest Disclosure Statement and send it to Human Resources for resolution.

Human Resources will evaluate the situation and report its results on section 3 of the Conflict of Interest Disclosure Statement. If it finds no conflict of interest, Human Resources will send the Conflict of Interest Disclosure Statement to the supervisor, and the supervising Dean or Vice President, and General Counsel. The supervisor will communicate it to the employee.

If Human Resources finds a potential conflict of interest, this finding is indicated on section 3 of the Conflict of Interest Disclosure Statement and sent to the Dean or Vice President, and General Counsel for joint resolution. Human Resources will then notify the supervisor who will communicate this to the employee. The Dean or Vice President and General Counsel will advise Human Resources of the resolution. Human Resources will then notify the supervisor who will communicate this to the employee.

The office of Human Resources is responsible for notifying all employees of the requirements of this policy annually. Questions about this policy should be directed to the Assistant Vice President of Human Resources.

The Office of General Counsel is responsible for enforcement of this policy. The General Counsel will review all violations of this policy, including (a) failure to comply with the disclosure process (by refusal to respond or by deliberately responding with incomplete, inaccurate, or misleading information, or otherwise): (b) failure to resolve conflicts of interest; and (c) failure to comply with the terms of any resolution reached pursuant to this policy. The General Counsel will consult with the Vice President, and the Assistant Vice President for Human Resources regarding appropriate action. Violation of this policy will result in disciplinary action up to and including termination of employment.

Any exception to this policy must be approved in writing by the, appropriate Vice President and the General Counsel. The Conflict of Interest Disclosure Form is available here.

Confidentiality

All confidential information concerning past and present employees, students, clients, donors and firms with which the University does business is to be maintained in strict confidence. However, the Office of Human Resources will confirm dates of employment. Administrators should, therefore, never share or discuss such information without clear and prior authorization. Failure to protect confidential information could result in disciplinary action up to and including termination of employment.

Performance Counseling and Discipline

Any employee conduct that violates University of San Francisco policies or procedures or, in the opinion of the University, interferes with or adversely affects University business warrants disciplinary action.

These actions may include but are not limited to the following:

coaching;
verbal warnings;
written warning(s); and
termination.

The University may suspend an employee without prior notice. Actions that may warrant this action include but are not limited to:

fighting;
insubordination;
timesheet violation;
endangerment of oneself or another person.

Administrative leaves may be with or without pay, and are usually reserved for situations in which subsequent actions are dependent on the outcome of an investigation or review. Administrative leaves must be approved by the Assistant Vice President for Human Resources.

In choosing the appropriate action, the University may consider any number of factors, including:

the seriousness of the employee’s conduct;
the employee’s performance history;
the employment record;
the employee’s length of employment with the University;
the employee’s willingness and ability to correct the conduct;
the employee’s attitude about the conduct;
actions the University has taken for similar conduct by other employees;
how the employee’s conduct affects the University, its students/customers, and his/her coworkers; and
any other related circumstances.

The University will assign any of the above factors whatever significance it deems appropriate.

As noted above, some conduct may result in immediate termination, including but not limited to the following:

theft of University property;
excessive tardiness or absenteeism;
arguing or fighting with customers/students, coworkers, managers, or supervisors;
brandishing a weapon at work;
threatening the physical safety of customers/students, coworkers, managers, or supervisors;
physically or verbally assaulting someone at work;
illegal conduct at work;
using, possessing, or being under the influence of illegal drugs at work;
inappropriately using alcohol at work;
failing to complete reasonable job assignments;
inappropriate use of University assets including inappropriate computer use
insubordination;
making false statements on a job application; and
discrimination and harassment.

Personal Appearance

Discretion on the part of administrators in the style of dress and personal appearance is essential to the image and efficient operation of the University. Administrators are expected to dress in a manner appropriate to their work environment and to the type of work performed. Some departments may have their own policy or dress code appropriate to the nature of the work done within that department. Administrators should consult with their supervisor regarding any dress code requirement specific to their department.

Appeal Procedure

Administrators are provided with a process for resolution of employees' rights violations as specified in this handbook. (See Appeal Procedure Appendix A)

Safety

The University of San Francisco strives to make the working environment as safe as possible in order to eliminate or reduce conditions which may result in personal injury and property loss to administrators, visitors and students. Administrators must abide by the safety policies and procedures of their department and carry out their job functions in a safe and productive manner. It is the duty of every administrator to remove hazards when they can and to report those hazards which they are unable to remove.

Working safely is no accident. It is each administrator's responsibility to perform his/her work in a manner safe for the administrator and others. Any item or article of dress that could restrict the administrator's sight or sound or restrict movement is prohibited. This may include, but is not limited to, shaded glasses meant for outdoors and personal audio equipment with head sets or ear plugs.

Administrators failing to adhere to these standards are subject to performance counseling.

Prevention of Sexual and Other Unlawful Harassment Policy

A. POLICY STATEMENT

In order to advance its fundamental value of “creating a culture of service that respects and promotes the dignity of every person”1, the University of San Francisco (“University”) is committed to a workplace and educational environment that is free of sexual and other unlawful harassment. Sexual harassment is unlawful under Title IX of the 1972 Education Amendments, Title VII of the Civil Rights Act of 1964, and the California Fair Employment and Housing Act. As a matter of University policy, sexual or other unlawful harassment occurring in the course of any University activity is prohibited. This policy provides complaint procedures to assist the University in its efforts to implement this policy.

Harassment on the basis of race, religious creed, color, national origin, ancestry, disability, marital status, medical condition (cancer-related or genetic-related), sexual orientation, sex, age, or any other protected status under federal, state or local law, ordinance or regulation applicable to the University, is a violation of this policy.

Any such harassment of any individual in the course of any University-administered program, job or activity is prohibited and shall not be tolerated. The University shall take prompt and effective corrective action to address unlawful harassment, including, where appropriate, dismissal or expulsion. The policy explicitly applies to University students, faculty, staff, administrators, independent contractors and all other individuals engaged in University activities. Individuals who know of harassment, or believe that they have been harassed, in violation of this policy have access to the complaint procedures described below and are encouraged to utilize these complaint procedures.

B. STATEMENT OF PROHIBITED CONDUCT

1. Sexual Harassment Violates State and Federal Law:

Conduct in violation of this policy occurs when an individual’s behavior involves (1) unwelcome sexual advances; (2) unwelcome requests for sexual favors; (3) other unwelcome verbal, physical, or visual behavior of a sexual nature; or (4) harassment or discrimination based on gender. Such conduct is a violation of this policy and of law when:

Submission to such behavior is made explicitly or implicitly a term or condition of an individual’s education or employment; or
Submission to, or rejection of, such behavior by an individual is used as a basis for educational or employment decisions; or
Such behavior otherwise has the purpose or effect of unreasonably interfering with, or otherwise creating an intimidating, hostile, or offensive educational or employment environment.

Title VII and Title IX of the Civil Rights Act of 1964; 29 CFR §1604.11(a).

2. Prohibited Behavior:

Harassing behavior may take a variety of forms including, but not limited to, the following:

Verbal conduct such as epithets, derogatory comments, slurs, or unwelcome sexual advances, invitations, or comments;
Visual conduct such as derogatory posters, photography, cartoons, drawings, or gestures;
Physical conduct such as unwanted touching, blocking normal movement, or interfering with work;
Threats and demands, such as those which seek submission to sexual requests, in order to retain employment or education benefits and/or offers of job or education benefits or conditions in return for sexual favors;
Retaliation, in the form of adverse employment or educational actions, opposing, reporting or threatening to report harassment or for participating in a good faith investigation proceedings or hearings related to this policy;
Harassing behavior includes conduct directed towards persons of the same or opposite sex.

3. Retaliation is Prohibited:

An individual’s good-faith filing of or pursuing a complaint under this policy or otherwise reporting, complaining, assisting or cooperating in good faith with a complaint of harassment shall not be the basis for any adverse University decision regarding the student, employment or other status of any student, faculty member, staff member, administrator, independent contractor or other individual engaged in University activities. Such retaliation is forbidden by this policy.

C. PROCEDURES FOR HARASSMENT COMPLAINTS

The University encourages students, faculty, staff, administrators, independent contractors and all other individuals engaged in University activities who know of harassment, or believe that they have been harassed in violation of this policy to utilize the complaint procedures described below. A complaint should be filed promptly if an instance of harassment has occurred or is expected to occur. Unless good cause exists, complaints must be filed no later than one year after the harassment occurs.

The complaint procedure is as follows:

1. Reporting Harassment:

Students, faculty, staff, administrators, independent contractors and all other individuals engaged in University activities are encouraged to report any conduct of which they have direct knowledge and which they in good faith believe constitutes harassment in violation of this policy. Managers have a legal duty to report any conduct of which they have direct knowledge, and which they in good faith believe constitutes harassment in violation of this policy.

2. Intake Procedure:

(a) Students, faculty, staff, administrators, independent contractors and all other individuals engaged in University activities who have a harassment complaint are encouraged to contact a University intake officer as soon as possible after the act of harassment has occurred. Delay in initiating a complaint impedes the University’s ability to remedy unlawful harassment.

(b) The individual making the complaint (“complainant”) may contact one of the following intake offices, each of which has a designated and trained University member to receive such complaints and to initiate actions under this procedure:

Student Housing and Residential Education; University Center 507; Steve Nygaard, Assistant Vice Provost, 415-422-6824
Center for Academic and Student Achievement, Student Life; University Center, 3rd Floor; Charlene Lobo Soriano, University Advisor, 415-422-6841
Human Resources; Lone Mountain, Room 339; Diane Nelson, Director of Human Resources, 415-422-6707

Should a complainant choose not to file a complaint using one of the intake options set forth above, she/he may bring the matter to the attention of any appropriate administrator or designee. University officials are empowered and required to address harassing behavior promptly and thoroughly. A complainant may always directly contact her/his department head or supervisor, or the University’s Affirmative Action Officer. If the harassing behavior involves the department head or supervisor, a complainant may contact the next level supervisor. As soon as the complainant contacts the department head or supervisor directly, the department head or supervisor shall immediately notify the University’s Affirmative Action Officer.

3. Informal Complaint Procedure:

• The complainant may initially meet with the appropriate Dean, department head or supervisor, or if the complainant is a student, complaining of conduct that is not within an employment context, with the Vice Provost of Student Life. The Vice Provost shall immediately notify the University Affirmative Action Officer; or

• The complainant may initially meet with the person whose conduct is complained of (“accused”), with the intake officer present to assist in the discussion; or

• The complainant may request that the intake officer initially meet with the accused.

Informal options may always be pursued as a first step. The intake officer and/or Affirmative Action Officer shall be available to meet with the individuals involved jointly or separately, and seek to find a resolution that is acceptable, provided the University concludes that such resolution is likely to provide prompt and effective corrective action. Any such proposed resolution at the informal complaint stage must be presented to the Affirmative Action Officer for review. All efforts to resolve complaints informally should be made promptly and within 30 working days of receipt of the complaint.

If an acceptable resolution is not reached, or is not likely to be reached, within 30 working days or otherwise in a manner necessary to promptly and effectively correct harassment, the complainant or the Affirmative Action Officer may determine to resolve the matter through the formal complaint procedure, or the University may take immediate action it deems necessary to ensure prompt and effective corrective action.

4. Formal Complaint Procedure:

At the time of intake or thereafter, the complainant may file a written complaint with the Office of the Assistant Vice President for Human Resources (“AVP”). The AVP shall promptly provide written notice of the complaint to the applicable Dean, department head and/or supervisor, and the applicable Vice President for the accused. A copy of such written notice shall also be provided to the accused.

The complainant should ordinarily include details of the incident(s), the name(s) of the person(s) alleged to have engaged in the conduct complained of, the names of any witnesses, and all relevant documents.

• Investigation

All complaints shall be investigated by the Affirmative Action Officer, other trained University personnel and/or a retained independent investigator. The investigator shall expeditiously investigate the matter in accordance with all applicable state and federal law. The investigator shall interview the complainant, the accused and such other students, faculty, staff, administrators, independent contractors and all other individuals engaged in University activities as necessary to conduct a full and fair investigation. The investigator shall then prepare a written report to the AVP. Where the University has previously reviewed the conduct at issue in another forum, the AVP may elect to consider the prior review before, in conjunction with, or in lieu of a separate investigation under this policy.

The written report of investigation shall summarize information relevant to a determination of whether a violation of this policy occurred and/or what, if any, corrective action should be taken by the University. The AVP shall promptly transmit the report to the appropriate University officer, with any recommendations. If the complaint concerned behavior by or affecting student or behavior between or among students, the report shall be forwarded to the Vice President for University Life. The written report of investigation shall be confidential.

• Confidentiality

Every reasonable effort shall be made to protect the privacy of the complainant, the accused, and witnesses in the investigation and resolution process, subject to the need to conduct a full and impartial investigation, remedy violations, monitor compliance and administer this policy.

• Determination

The appropriate University officer, in consultation with the AVP shall promptly make a determination of the complaint. The determination shall be communicated to the complainant, the accused, and the applicable Vice President for the accused.

5. Independent Action by University:

To assist the University to determine whether a violation of this policy has occurred and/or to determine what, if any, corrective action should be taken, the AVP or her designee may initiate an investigation with or without a formal complaint being filed.

6. Corrective Action:

Corrective action may include disciplinary action toward the person(s) whose conduct is found to violate this policy. Disciplinary action may include, but is not limited to warning, suspension, or termination from employment, the University’s residential facilities, or other affiliation with the University. Disciplinary action, including expulsion, and/or any other corrective action shall be implemented in a manner consistent with other University policies and procedures and applicable University collective bargaining agreements.

Other forms of corrective action may be taken to the extent necessary to correct or prevent violations of this policy.

7. Appeal Procedure:

A person whose conduct is found to violate this policy may appeal a University determination of discipline of the complaint under the applicable student handbook, collective bargaining agreement, or employee handbook.

D. RESOURCES

Within the University

The Affirmative Action Officer is Diane Nelson, 415-422-6707, Lone Mountain, Room 339. Contact the Affirmative Action Officer if you have questions or would like more information about this policy.

Outside the University

Members of the University may file a timely harassment complaint with the federal Equal Employment Opportunity Commission (EEOC), the federal Office of Civil Rights (OCR), and/or the California Department of Fair Employment and Housing (DFEH) at the addresses and phone numbers listed below:

EEOC: 901 Market Street, Suite 50

San Francisco, CA 94103

415-356-5100

OCR: 50 United Nations Plaza, Room 239

San Francisco, CA 94102

1-800-514-0301

DFEH: 455 Golden Gate Avenue, Suite 760

San Francisco, CA 94102-7008

1-800-884-168

¹ USF Vision, Mission & Values Statement

Solicitation and Distribution

Solicitation by Administrators for any commercial purpose is not permitted during the working time of the soliciting administrator or the employee being solicited. Working time does not include break periods, meal times, or other specified periods during the workday when administrators are not engaged in performing their work tasks. Distribution of circulars, handbills, or literature of any type during working time is not permitted.

Violation of this rule will subject an administrator to discipline up to and including discharge. Solicitation and distribution by any other person is prohibited at all times on University premises.

Substance Abuse

In accordance with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Campuses Act of 1990, the University of San Francisco has established the following policy guidelines regarding substance abuse in the workplace.

Unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited on University premises or other workplaces if individuals performing work on these premises are compensated by the University of San Francisco.
Failure to abide by the University's Drug-Free Workplace Policy may result in suspension from work without pay and mandatory participation in a drug rehabilitation program on the first offense and termination on the second.
If convicted of any criminal drug statute violation occurring in the workplace, you are obligated to notify the Office of Human Resources in writing within five (5) calendar days after conviction.

A copy of the USF Drug-Free Workplace Policy is available from the Office of Human Resources.

The University of San Francisco recognizes drug and alcohol dependency as treatable conditions and offers an employee assistance program for University faculty/staff with substance dependency problems. Faculty and staff are encouraged to seek assistance for drug and alcohol-related problems and may request leaves of absence for this purpose, in addition to using approved vacation or sick leave, or attending the employee assistance programs outside regular working hours. Information obtained regarding an employee during participation in an employee assistance program will be treated as confidential.

Ending Employment

Final Paychecks

Employees who resign with 72 hours of notice or more will receive their final paychecks on their last day of work. Employees who resign with less than 72 hours notice will be paid within 72 hours. Paychecks of employees who have given less than 72 hours notice will generally be mailed to the employee’s home address. Final paychecks will include all compensation earned but not paid prior to resignation, and all accrued and unused vacation, less appropriate deductions.

Employees who are terminated involuntarily will receive their final paychecks on their last day of work. Final paychecks will include all compensation earned but not paid through the date of termination, and all accrued and unused vacation, less appropriate deductions.

Continuing Health Insurance Coverage

The University of San Francisco offers full-time employees health insurance coverage as a benefit of employment. If an employee is no longer eligible for insurance coverage because he/she is no longer employed by the University, the employee has the right to continue his/her health insurance coverage for up to 36 months through COBRA. The employee will have to pay the cost of the coverage.

The employee receives an initial notice of his/her right to continued health insurance coverage when the employee first becomes eligible for health insurance under the University’s group plan. The employee will receive an additional notice about his/her COBRA rights when the employee is no longer employed with the University. This second notice will tell the employee how to choose continuation coverage, what his/her obligations will be, and how much the insurance will cost. Only employees who have been continuously insured for the previous three months are entitled to COBRA health insurance coverage under this policy.

Exit Interviews

The University will schedule an exit interview with every departing full-time employee requesting an interview. We strongly encourage employees to request an exit interview from the department of Employment Services. During the interview, the employee will have an opportunity to tell the University about his/her employment experience at the University. The University greatly values these comments.

The exit interview also gives the University a chance to handle some practical matters relating to the end of employment. The employee will also have an opportunity to ask any questions he/she might have about insurance, benefits, final paychecks, references, or any other matter relating to his/her employment.