7.  Employment Issues and Policies

 

7.A.  Equal Employment Opportunity

The institution offers equal employment opportunity to prospective employees and current employees on the basis of qualifications and merit without regard to race, color, religious creed, ancestry, national origin, age, disability, sex, sexual orientation, or status as a disabled or Vietnam-era veteran.  Charges of harassment or discriminatory behavior should be directed to the director of human resources.  Any questions or problems about this policy should be directed to the Office of Human Resources.

 

7.B.  Standards of Conduct

To promote a safe and productive work environment, the institution cannot tolerate certain irresponsible and/or illegal behaviors such as, but not limited to, stealing; dishonesty; harassment; possession, use or sale of drugs and alcohol while on campus; working while under the influence of drugs or alcohol; excessive absenteeism; insubordination; physical violence; deliberate violations of safety practices; or inability and/or unwillingness to perform one’s job.

 

7.C.  Smoking Policy

The institution does not permit smoking in any academic and administrative buildings, or in the Haupert Union Building.

 

7.D.  Drug-Free Workplace and The Drug-Free Schools and Communities Act Amendments

In support of the national strategy to combat illegal drug and alcohol abuse, Congress enacted The Drug Free Workplace and The Drug-Free Schools and Communities Act Amendments which require that "... as a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education, State educational agency, or local educational agency must certify that it has adopted and implemented a program to prevent the unlawful manufacture, possession, use or distribution of illicit drugs and alcohol by students and employees." Therefore, Moravian College and Moravian Theological Seminary have developed the following statement to inform the community of the seriousness of the use and abuse of illicit drugs and alcohol and to set forth the standards of conduct regarding such activity by employees and students of the institution.

 

Community Responsibility

Moravian College and Moravian Theological Seminary students and employees are both citizens and members of the academic community. As citizens they enjoy the same rights and obligations that other citizens enjoy and, as members of the academic community, they are subject to the rights and obligations which accrue to them by virtue of this membership. Students and employees are expected to be honorable and ethical in every regard and to have consideration for the welfare of others as individuals and for the community as a whole.

 

Standards of Conduct

The unlawful manufacture, possession, use or distribution of illicit drugs and alcohol on institutional property or on campus while conducting any officially sanctioned institutional activity by any student or employee of the institution is strictly prohibited. Students and employees will be subject to severe disciplinary action and may incur penalties prescribed by civil authorities. Faculty and staff, as a condition of employment, must abide by the terms of this policy and report any convictions under criminal drug statue for violations occurring on or off the premises while conducting business for the institution within five (5) days after the conviction.

 

For students, sanctions imposed by the institution for violations of the above conditions may range from probation up to and including expulsion and referral for prosecution. Sanctions for violation of any of the aforementioned standards imposed on employees may vary from mandatory participation in rehabilitation programs to termination of employment and referral for prosecution.

 

Definition of Illicit Drugs and Alcohol

Illicit drugs are controlled substances that possess a high potential for abuse, have no currently accepted medical use in the United States, and demonstrate a lack of accepted safety for use under medical supervision. Controlled substances so defined fall under seven headings: marijuana (marijuana, hashish); stimulants (amphetamines, cocaine); depressants (barbiturates, tranquilizers, hypnotics); hallucinogens (acid, PCP); opiates, or narcotics (heroin, morphine, opium, codeine); inhalants (sprays, solvents, glue); and designer drugs (synthetic drugs similar in effect to stimulants, hallucinogens and narcotics). To be used legally and safely, some of these drugs must be prescribed by a physician. This list is not comprehensive; omitted substances may be illegal and fall under the designation of controlled substances.

 

Alcohol, the shortened term for ethyl alcohol, is a depressant that slows the activity of the central nervous system and the brain. Alcohol is a substance regulated by local, state and federal agencies with respect to the purchase, transportation, consumption, and possession by individuals under age 21.

 

Health Risks

 

All drugs, including alcohol, can produce serious side effects. Because drugs impair the mind, they increase the likelihood of accidents and violent behavior. The many health risks associated with alcohol use are well documented. Small amounts may affect judgment and coordination, impairing an individual's performance of even simple routine tasks. The repeated use of alcohol can lead to dependence, with myriad physical, emotional, and psychological complications. Effects of the prolonged use of alcohol may include the following: (1) damage to the central nervous system; (2) malnutrition and anemia; (3) damage to the heart, lungs, and liver; (4) mental disorders; and (5) death.

 

The health risks associated with the seven categories of illicit drugs may include the following:

 

• Marijuana--impaired memory, lung and pulmonary damage, chronic emphysema, cancer and toxic psychosis.

 

• Stimulants--paranoia with hallucinations, dizziness, headaches, abdominal cramps, malnutrition, over-stimulation of the central nervous system, seizures, stroke, heart failure, and death.

 

• Depressants-- (initial effects are similar to alcohol inebriation) slowed reflexes, unstable mood, loss of memory, coma, and death.

 

• Hallucinogens--distortion of reality, including illusions and hallucinations, injuring self or others, convulsions, brain damage, coma, and death.

 

• Opiates (narcotics)--skin abscesses, respiratory damage, malnutrition, pneumonia and hepatitis, heart disease, diabetes, coma, and death.

 

• Inhalants--fatigue, weight loss, permanent damage to the nervous system, hepatitis, and organic failure.

 

• Designer Drugs--psychosis, instant paralysis and brain damage, and death.

 

In summary, drug and alcohol abuse can reduce the body's resistance to infections and bring about malnutrition, organic damage, and mental illness. Overdoses of these substances can cause psychosis, convulsions, coma, and death.

 

Counseling and Treatment

Students or employees who use controlled substances or who abuse alcohol are encouraged to seek assistance and/or referral through the Moravian College Health Center (861-1567), the Counseling Center (861-1510) or the Office of Human Resources (861-1527). Individual counseling is provided by the staff from the Counseling Center for short-term crisis intervention. Planning for continued treatment considers the situational context and individual needs and may include referral to off-campus agencies.

 

Many options are available in the Lehigh Valley and surrounding areas for employees and students in need of substance abuse counseling. Some of these centers are noted below:

 

a. Intake and Referral: Northampton County Drug and Alcohol Intake Unit (867-3986)

 

b. Support Groups: Alcoholics Anonymous (434-0614), Narcotics Anonymous (439-8440)

 

c. Residential Treatment: Renewal Center, specializing in services for adolescents and young adults (536-9070), Caron Foundation, serves both adolescents and adults (678-2332), Breakthrough at Penn Foundation, serves adults only (257-9999)

 

d. Outpatient Counseling--Lehigh Valley Addictions Treatment Services (866-0918), Confront (433-0148), Endeavor (691-6360)

 

This list is only a partial listing of the services and programs available in the greater Lehigh Valley and surrounding areas. The appearance of a program or service on this list is not to be construed as an endorsement of the identified agency by the institution. Should any of these programs or agencies prove to be unsuitable, additional options may be explored with any of the three offices noted above.

 

Legal Sanctions

The purchase, consumption, transportation or possession of alcoholic beverages by a person under 21 is punishable by fines of up to $400 and loss of driving privileges in Pennsylvania. Misrepresentation of age to purchase alcohol, and altering, selling, or manufacturing false identification is also punishable by minimum fines of $500 and loss of driving privileges. The selling or furnishing of alcoholic beverages to those under 21 is punishable by a mandatory fine of $1,000 for the first offense and $2,500 for each subsequent violation. Lying about age to obtain alcohol, making a false ID, and furnishing alcohol to individuals under age 21 are misdemeanor offenses.

 

The legal sanctions for the unlawful possession, use, or distribution of illicit drugs are more diverse than the sanctions governing alcohol. They may vary from fines for first-time, misdemeanor offenses involving simple possession of certain substances, to felony counts and multiple year terms of imprisonment for more serious violations. The unlawful possession of less than 30 grams of marijuana or less than 8 grams of hashish, for example, is a misdemeanor and may carry a maximum jail sentence of 30 days and/or a fine of $500. The manufacture, delivery or possession with intent to manufacture or deliver heroin and other narcotics is a felony and carries a maximum jail sentence of 15 years and/or a $250,000 fine. A more complete summary of penalties related to unlawful possession, use or distribution of alcohol and illicit drugs may be found in the Department of Campus Safety or the Student Services Office. Individuals seeking legal advice regarding drug or alcohol related laws should consult legal counsel.

 

7.E.  Moravian College Position Statement on AIDS¾Abridged Version

Moravian College and Theological Seminary recognizes the growing epidemic of Human Immunodeficiency virus (HIV) infection at the global, national, and local levels.  It is prudent, therefore, for the institution to adopt policies and practices which presume the possibility of HIV presence.  Specific safeguards are felt to be important for seropositive individuals.  These safeguards, listed below, are built primarily around issues of confidentiality and non-discrimination.

·         No student shall be denied enrollment and no individual shall be denied employment on the basis of an HIV infection.

·         Testing for seropositivity shall not be a requirement of admission of employment.

·         Individuals who are seropositive, whether or not symptomatic, shall not be denied free and unrestricted access to all College facilities, programs, or events.

·         HIV infection shall not be used to restrict participation in any of the College’s educational, recreational, social, or athletic activities.

·         Individuals who know that they are seropositive are encouraged, although not required, to discuss their condition with the health services director.  Such disclosure shall be for the purpose of proper medical care and follow-up.  Any disclosure shall be kept in the strictest confidence in accord with the maintenance of confidentiality of medical records and will be released only with the express written permission of the seropositive student or employee, unless required by law to be reported.

·         Health services will be available to provide individuals with medical guidance, supervision, and appropriate referrals for HIV antibody testing.  All such involvement with Health Services as well as any information shared or generated by that involvement will be kept strictly confidential unless required by law to be reported.

·         The College Health Service must report to local public health authorities cases of AIDS meeting the criteria of the surveillance definition of the Centers for Disease Control.

·         Any individual concerned about HIV or HIV-related issues may seek personal counseling and assistance through the Counseling Office.  As with Health Services, confidentiality shall be strictly protected within statutory limits.

·         Any employee having questions regarding HIV infection and its relationship to employment or the workplace may address those questions to the Director of Human Resources.  All such questions or concerns shall be kept strictly confidential.

·         No individual shall be denied access to residential housing nor otherwise isolated, restricted, or segregated on the basis of seropositivity.

·         In accord with the principle of confidentiality and current medical information, the College has no obligation to inform co-workers, instructors, roommates, or others of any individual’s HIV status.

·         Individuals with AIDS shall be accorded the legal status of having a handicapping condition.

·         Parents, media, or other persons outside the College community seeking information regarding the status of HIV infection on campus or the institution’s response to such infection shall be directed to the president of the College or his or her designee.

 

7.F.   Employee Records and Information

The Office of Human Resources maintains a record of each employee's employment at the institution, including such information as education, experience, work performance, and progress. These records are carefully reviewed when an employee is being considered for promotion, salary increase, or transfer.

            In accordance with institutional policy and applicable law, all employee records (including but not necessarily limited to application forms and other records pertaining to hire, promotion, demotion, transfer, work schedule, layoff, termination, rates of pay or other terms of compensation, performance appraisal, and selection for training) kept by the institution will be preserved for at least three years from the date of the personnel action. This does not apply to records for positions known to be of a temporary or seasonal nature.

            A personnel file may contain personal data as well as employment information. The Office of Human Resources regards this information as confidential and will release it only with the written permission of the employee or by order of a court.

            When the Office of Human Resources receives a request for information from agencies, stores, banks, or other institutions, only non-confidential information such as date of employment and name of department will be released. Confidential information such as pay rate, past earnings, home address or phone number will not be released unless authorized in writing by the employee.

            Any change of home or work address or telephone number, a change in emergency contact information, or other personal data changes must be report to Human Resources.  Employees may also designate the suppression of home address and telephone number in the Directory. Changes in name require the employee to present a copy of a new Social Security card to the Office of Human Resources and to complete a form provided by that office. The acquisition of further education or work-related skills should also be reported to the Office of Human Resources.     

            An employee may schedule an appointment to review the contents of his/her file by calling the Office of Human Resources.

 

7.G.  Sexual Harassment Policy

The institution in its formal mission statement affirms that “the best education brings together men and women of all ages, races, and convictions or religious faiths in a climate that cherishes equality, fosters diversity, promotes mutual respect, rewards personal achievement, and develops individual character and potential.” A community which incorporates such a statement as one of its foundational principles cannot condone or permit sexual harassment. Therefore, it is the policy of the institution that no member of the community may sexually harass another, and those who engage in such conduct will be subject to appropriate disciplinary action.

 

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other unwelcome verbal or physical conduct of a sexual nature. This policy applies to all employees and students of the institution. Sexual harassment occurs when any of the following conditions exists:

 

·   Submission to such conduct, either explicitly or implicitly, is made a term or condition of an individual’s education or employment.

·   Submission to or rejection of such conduct by an individual is used as a basis for academic or employment decisions affecting that individual.

·   Such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or professional performance and/or creating an intimidating, hostile, or offensive employment, educational or living environment.

·   An individual is made the object of unwelcome requests for sexual favors, dates, or other social engagements.

·   There is an inappropriate display of sexually-oriented photographs, magazines, cartoons, or other visual material with sexual content.

·   There is aggressive sexual behavior or offensive touching or language, especially when such behavior is persistent. In such circumstances, sexual harassment has occurred whether or not the victim suffers any adverse consequences as a result of the harassment.

 

A special form of sensitivity is required of those in positions of authority over others (e.g., faculty towards students, managers towards subordinates, supervisors towards interns) to the possibility of abuse of such authority. Because of the asymmetries of authority and power in such relationships, the potential exists for conflicts of interest. Therefore, those in positions of authority should avoid such relationships.

 

Any student, staff member, faculty member, or administrator of the institution who believes that he or she has been sexually harassed by any other student, staff member, faculty member or administrator should address the complaint to the appropriate official. In the case of a College student, that official is the dean of students. In the case of a Seminary student, that official is the dean of the seminary. In the case of a College or Seminary staff member, faculty member, or administrator, that official is the director of personnel.

 

The official addressed will promptly investigate the complaint and will either resolve the complaint or will appoint another official or an existing or specially named group to resolve the complaint. Because of the sensitive nature of the complaint, the official will take necessary steps to protect the rights and where possible, the confidentiality of both parties. The resolution by an official or group may be appealed to the president by either party to the complaint.

 

 

7.H.  Statement on Professional Ethics (approved May 2002)

As an institution of higher learning whose express purpose is to educate students, promote scholarship, and create an environment of open inquiry and intellectual integrity, Moravian College has an obligation to set and maintain the highest standards of ethical conduct among and between faculty, administration, students, and staff.  The following STATEMENT ON PROFESSIONAL ETHICS provides a framework for these ethical standards.

 


THE STATEMENT

 

1.                  Professors, guided by a deep conviction of the worth and dignity of the advancement of knowledge, recognize the special responsibilities placed upon them.  Their primary responsibility to their subject is to seek and to state the truth as they see it.  To this end professors devote their energies to developing and improving their scholarly competence.  They accept the obligation to exercise critical self-discipline and judgment in using, extending, and transmitting knowledge.  They practice intellectual honesty.  Although professors may follow subsidiary interests, these interests must never seriously hamper or compromise their freedom of inquiry.  Faculty should also honor their professional commitments as defined by Moravian College. 

2.                   As teachers, professors encourage the free pursuit of learning in their students.  They hold before them the best scholarly and ethical standards of their discipline.  Professors demonstrate respect for students as individuals and adhere to their proper roles as intellectual guides and counselors.  Professors make every reasonable effort to foster honest academic conduct and to ensure that their evaluations of students reflect each student’s true merit.  They respect the confidential nature of the relationship between professor and student.  They avoid any exploitation, harassment, or discriminatory treatment of students.  While faculty may be friendly with students, they should not have sexual relationships, of any sort, with students.  They should also avoid other types of intimate interpersonal relationships with students.  Such inappropriate relationships may result in a conflict of interest for one or both parties.  Faculty acknowledge significant academic or scholarly assistance from students and protect their academic freedom. 

3.                  As colleagues, professors have obligations that derive from common membership in the community of scholars.  Professors do not discriminate against or harass colleagues.  They respect and defend the free inquiry of associates.  In the exchange of criticism and ideas professors show due respect for the opinions of others.  Professors acknowledge academic debt and strive to be objective in their professional judgment of colleagues.  Professors accept their share of faculty responsibilities for the governance of their institution.  Professors are expected to behave according to strict professional standards with all members of the college community.

4.                   As members of an academic institution, professors seek above all to be effective teachers and scholars.  Although professors observe the stated regulations of the institution, provided the regulations do not contravene academic freedom, they maintain their right to criticize and seek revision.  Professors give due regard to their paramount responsibilities within their institution in determining the amount and character of work done outside it, in accordance with college policies.  When considering the interruption or termination of their service, professors recognize the effect of their decision upon the program of the institution and give due notice of their intentions.

5.                  As members of their community, professors have the rights and obligations of other citizens.  Professors measure the urgency of these obligations in the light of their responsibilities to their subject, to their students, to their profession, and to their institution.  When they speak or act as private persons, they avoid creating the impression of speaking or acting for their college or university.  As citizens engaged in a profession that depends upon freedom for its health and integrity, professors have a particular obligation to promote conditions of free inquiry and to further public understanding of academic freedom.

 

7.I.  Federal Education Right to Privacy Act (FERPA, aka “The Buckley Amendment”)

FERPA (the Family Educational Rights and Privacy Act of 1974, also known as the “Buckley Amendment”) governs access to students’ educational records in all colleges and universities that receive federal funding.  In general, the act prohibits faculty members from releasing a student’s academic records—including grades—to anyone other than the student him or herself except with the written permission of the student.  Faculty members may, however, release academic records to other members of the Moravian College faculty and staff without the student’s permission if they have a “legitimate educational interest” in those records.

In general faculty members need to be careful to maintain the confidentiality of grades.  This means for example that instructors may not post grades publicly or return graded work in such a way that others might be able to discover a student’s grade without his or her consent.  Neither may faculty members inform parents about the student’s academic records.  While there are some exceptions to this rule, the best response to a parent inquiring about a child’s grades is to refer the parent to the Academic Affairs Office.

Faculty members should also be aware that FERPA guarantees a student the right to inspect her or his academic records.  This includes, for example, letters of recommendation, unless the student explicitly waives that right in writing.  Students do not have a right to review records that faculty members create and maintain for their own use and do not communicate to others. 

There are many other ways in which FERPA can affect faculty members at Moravian College.  For a fuller discussion see the Student Handbook under the heading “Student Records” and the list of frequently asked questions about FERPA posted on the “P:” drive in the “acdean” folder (“FERPA FAQs”), which includes a link to the Department of Education FERPA website.

 

7.J.  Americans with Disabilities Act (ADA)

Moravian’s policy towards students with disabilities is governed by Section 504 of the Rehabilitation Act of 1973 and by the Americans with Disabilities Act of 1990.  In general, the law requires that the programs offered by Moravian be accessible to students with disabilities.  This means that teachers may at times be required to modify their usual practices of teaching and testing, for example by permitting some students to take more time with their exams, by allowing students to tape record lectures or discussions, by allowing service animals in the classroom, or by moving the class to a more accessible location.

Students who require special accommodations provide documentation of their disabilities to the Learning Services Office, which informs faculty members of the accommodations which are needed.  Questions regarding students with disabilities should be directed to the Director of Learning Services or to the designated ADA coordinator, the Assistant Dean for Academic Advising. There are many websites offering information and advice on Section 504 and the ADA, among them several maintained by the Office of Civil Rights in the Department of Education (see for example http://www.ed.gov/offices/OCR/docs/auxaids.html).  The Parent Advocacy Center for Educational Rights has an “ADA Q&A” website at http://www.pacer.org/pride/504.htm which is also useful.

 

7.K.  Policy Against Intolerance

The institution denounces intolerance particularly that based on ethnicity, culture, religion, race, or sexual orientation which interferes with those rights guaranteed by law, and insists that such conduct has no place in a community of learning. We also recognize the obligation of the institution to protect the rights of free inquiry and expression, and nothing in the Resolution in Support of Pluralism or Policy Against Intolerance shall be construed or applied so as to abridge the exercise of rights under the Constitution of the United States and other Federal and State laws.

 

7.L.  Resolution in Support of Pluralism

Moravian College and Theological Seminary affirms its commitment to maintaining an academic environment which fosters pluralism, mutual respect, appreciation of divergent views, and awareness of the importance of individual rights. To this end, we reassert the importance of civility and the valuable contribution that diversity in race, ethnicity, religion, sexual orientation and culture brings to the community, and therefore we strongly encourage and support racial, ethnic, cultural and religious pluralism.

 

7.M.  Pet Policy

Institutional policy prohibits pets, other than fish, from being allowed in undergraduate residence areas or in administration and academic facilities of the College and Seminary.  This insures for the health and comfort of students and employees while providing for the general cleanliness of our facilities. Dogs needed to provide services and assistance for medical or physical reasons are permitted.

 

7.N.  Facilities Use

Use of offices, studios, classrooms, practice rooms, concert halls and other teaching spaces for personal reasons or professional duties not explicitly tied to Moravian College or the Moravian College Music Institute is prohibited.  In special cases, use of facilities for professional or personal reasons outside of the regular operating functions of Moravian College may be approved by a faculty or staff member's chair, supervisor, or relevant vice president.  All non-scheduled use of music department facilities must be approved in advance by the assistant dean for music and/or department chair, and must be arranged with the facilities coordinator for music. 

          In special cases, use of facilities for professional or personal reasons outside of the regular operating functions of Moravian College may be requested through the PR Office (academic year) or Residence Life (summer). 

 

7.O.  Open Door Policy

Good communication and clear understanding can help avoid or clear up problems. Moravian College and Moravian Theological Seminary practices an open door policy when you have any problem or complaint, including safety procedures, policy violations or other situations. You are encouraged to use this process without fear of retaliation, as an employee will not be disciplined for utilizing this complaint procedure in good faith.

 

If you encounter a problem or complaint, talk to your department chair and give them the opportunity to resolve the problem. We believe it is important to work out the problem, if at all possible, with your department chair, as they are usually in the best position to assist you. Please bring it to their attention within 10 days of the occurrence of a problem.

 

However, if your department chair is the source of the grievance, then go directly to associate dean for academic affairs to discuss the problem.  The Academic Affairs Office will work with appropriate management to assist in resolving the situation.

 

If discussing your concern with your department chair or with Academic Affairs does not result in a satisfactory resolution of the problem, then you should submit in writing the problem or grievance to the department chair and the Director of Human Resources for review of the issue(s) so as to reach a resolution of the problem. Confidential counseling with Human Resources will be respected as much as feasible for employees with complaints or problems.

The existence and/or use of this open door policy does not alter the institution's at-will employment relationship.