Human Resources - Employee Handbook

Compliance Policies and Procedures

Useful Compliance Policies and Procedures on ACC web sites

ADA
http://www.austincc.edu/admrule/6.01.003.htm
http://www.austincc.edu/admrule/6.01.003Guideline.htm

Drugs, Alcohol and Tobacco Use
http://www.austincc.edu/admrule/3.01.001.htm
http://www.austincc.edu/admrule/3.03.003.htm

Drug-free Workplace
http://www.austincc.edu/admrule/3.03.003.htm

Harassment Prevention
http://www.austincc.edu/admrule/6.02.001.htm

Vendors
http://www.austincc.edu/admrule/6.11.001.htm

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Americans with Disabilities Act

Title I of the Americans with Disabilities Act of 1992 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in all job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment. A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.

ACC seeks to make an accommodation to the known disability of any qualified applicant or employee. If your physician has certified that you have a known disability that affects a life activity and the disability impacts your ability to work, you should contact the Human Resources Benefits Office at 223-7800 for assistance.

For further information, the policy and guidelines are located at http://www.austincc.edu/admrule/6.01.003.htm and http://www.austincc.edu/admrule/6.01.003Guideline.htm.

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Concealed Weapons Law

To maintain the safety and security of ACC employees, students and the public, the College prohibits the possession of weapons on its property, including all ACC vehicles, at any time.

It is unlawful to carry a concealed weapon on ACC premises. A person commits an offense if, with a firearm, illegal knife, club or other prohibited weapon (Section 46.05(a)) of the Texas Concealed Handgun Laws) he/she intentionally, knowingly, or recklessly enters the physical premises of ACC or other grounds, buildings or vehicles used to conduct ACC business.

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Drugs, Alcohol and Tobacco Use

All ACC employees, vendors, contractors, and guests are required to comply with all federal, state and local laws regarding the distribution, possession and use of drugs, alcohol and tobacco on school property or at ACC-sponsored events. It is the policy of ACC to maintain a drug-free and smoke-free workplace. Please note college Administrative Rules AR# 3.01.001 and 3.03.003 (http://www.austincc.edu/admrule/3.01.001.htm and http://www.austincc.edu/admrule/3.03.003.htm).

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Drug-Free Workplace

The policy of Austin Community College is to maintain a drug-free workplace. “Workplace” is defined as ACC property, any District-sponsored activity, or any other site where the work of ACC is performed. Engaging in activities prohibited by this policy shall be considered good cause for disciplinary action including, but not limited to, suspension, non-renewal or immediate termination of employment, if the activities occur on District property or at District-sponsored activities or at any other site for the performance of work for the District. Prohibited activities under this policy include unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace, as defined by this policy.

To implement this policy the Administration established a drug-free program to inform employees of the following:

  • The dangers of drug abuse in the workplace;
  • ACC’s policy of maintaining a drug-free workplace;
  • Available drug counseling, rehabilitation, and employee assistance programs; and
  • The penalties that may be imposed upon employees for drug abuse violations and violations of this policy.

Any ACC employee, who has been convicted under any criminal drug statute for a violation occurring in the workplace, as defined by this policy, must report that conviction to ACC no later than five (5) days after the conviction. If the convicted employee was performing work pursuant to a federal grant or to a federal contract for the procurement of goods or services valued at $25,000 or more, the Administration shall notify the federal contracting or granting agency of the conviction within ten (10) days of receiving actual notice of the conviction from the employee or otherwise. Within thirty (30) days after receiving notice of the conviction described in this policy, ACC shall impose discipline on, or require satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted of a violation of a criminal drug statute if the violation occurred in the workplace.

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Harassment Prevention

Austin Community College assumes an affirmative posture to prevent and eliminate harassment in the workplace. It is the policy of Austin Community College that any practice or behavior that constitutes harassment of employees, students or any other persons associated with Austin Community College will not be tolerated. Anyone who is found to have engaged in such conduct shall be subject to disciplinary action, which may include a warning, suspension, probation, or termination. See ACC Administrative Rule 6.02.001 at http://www.austincc.edu/admrule/6.02.001.htm.

Definitions

  1. Sexual harassment is defined by the Equal Employment Opportunity Commission as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.”

    There are two types of sexual harassment:
    • Quid Pro Quo is the request for sexual favors, when submission to or rejection of such request becomes a basis for employment or academic related decisions.
    • Hostile environment is when an atmosphere is infused with unwelcome sexual conduct that interferes with an individual’s job performance or learning environment or creates an intimidating, hostile or offensive environment.
  2. Racial harassment is conduct which includes racially derogatory remarks, racial slurs or any other racially motivated action. Disciplinary action based on the provisions of this rule will be applied without regard to the race of the employee(s) involved.

Complaint Process

            Any person who has a formal or informal complaint, or observes potentially harassing conduct in the workplace or at college activities, should bring the complaint to the attention of their immediate supervisor, instructor, or the Vice President of Human Resources. The Office of Human Resources will advise the person of the complaint process and provide the appropriate forms. Reporting forms may be obtained from any Campus Manager’s Office or the Office of Human Resources. See Administrative Rule 6.08.005 at   http://www.austincc.edu/admrule/6.08.005.htm.

 

Investigation Process

            The supervisor is responsible for investigating complaints or grievances. The College’s investigation will include interviews with all relevant persons including the complainant, the alleged harasser, and other potential witnesses. If the investigation reveals that the complaint appears to be valid, immediate and appropriate corrective action, up to and including discharge, will be taken to stop the harassment and prevent its reoccurrence. If the validity of the complaint cannot be determined, immediate action will be taken to reacquaint all parties with harassment prevention provisions to avoid harassment in the future. The College will review its finding with the complainant. Retaliation against those   filing a complaint or assisting in an investigation is prohibited.          

            The supervisor will report the findings of its investigation to the Vice President, Office of Human Resources, who is responsible for carrying out the steps necessary to resolve the complaint.

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HIV and the Workplace

Individuals who are HIV positive are considered disabled under both Texas and federal laws, and, as such, are members of a protected class under anti-discrimination laws. ACC is committed to equal access to employment for these individuals and will treat the employees with this disability as it would any other employee with a life-threatening disease. ACC will maintain the strictest confidence regarding all medical records and information about any employee with this disability. ACC does not test for the AIDS (Acquired Immunodeficiency Syndrome) virus.

AIDS is the final stage of an infection caused by the human immunodeficiency virus (HIV). HIV cripples the body’s ability to fight infection, allowing cancers and other infections to develop. HIV is NOT spread through the environment; it is transmitted through certain behaviors. Since the behaviors that pass the virus from one person to another rarely occur in the average workplace, infected co-workers or clients DO NOT cause a risk of spreading HIV through:

  • Handshakes, hugs or casual touching
  • Close working conditions
  • Tools, machinery
  • Telephones, office equipment, or furniture
  • Dishes, utensils or food
  • Clean laundry
  • Sinks, toilets, showers
  • Sneezing or coughing (air)
  • Swimming pools or drinking water
  • Insects
  • Blood Donation

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Relationship with Vendors

Employees of the Austin Community College District shall not accept gifts, either in-kind or of money, or excessive entertainment, from a vendor.

Gifts include any items not obviously of an advertising nature. (Gifts of an advertising nature are all those with the name of the firm affixed which have a unit value of $5.00 or less.)

Excessive entertainment shall include, but not be restricted to, transportation beyond District boundaries, and overnight accommodations. The College will not enter into any contract with an employee to sell to or purchase from the employee. The College will in no way do business with any employee acting as an individual, partner, sole proprietor, officer, or director of any firm. See ACC Administrative Rule 6.11.001 at http://www.austincc.edu/admrule/6.11.001.htm.

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Solicitation of Employees

Solicitation of employees on College property for membership in and contributions to any organization or association is prohibited unless authorized by the President of the College. Solicitation by agents or salespersons, or employees acting as agents or salespersons, on College premises is also prohibited. Any exceptions must have the consent of the President or his designee.

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Standards of Conduct

Employees should avoid any personal interest that might conflict with the interests of the institution. Employees are expected to adhere to all federal, state, and municipal laws and ordinances and to adhere to all College policies and procedures, as well as other guidelines and rules of all regulating agencies or entities having jurisdiction over College activities.

Employees shall not accept or solicit any gift, favor, service, or benefit that the employee should reasonably know is offered with the intent to influence their decisions or actions. Likewise, the employee may not solicit, accept, or agree to accept any unauthorized gift, favor, service, or other benefit from having exercised the powers and responsibilities of their official College position.

Employees shall not accept other employment or engage in any business or professional activity that would require or induce the employee to disclose confidential information acquired through their official College position.

Employees shall not conduct private business using College equipment, systems, supplies, or facilities; nor should they transport or use College equipment, systems, supplies or facilities for personal purposes. Employees may not conduct private business with the College. Private business on the part of the employee may not conflict with the duties, responsibilities, or time commitment required by the employee’s position with the College.

College employees whose positions allow/require participation in the selection process for textbooks, or any materials from which the employee might personally gain shall completely withdraw from such processes by not participating in any discussion or by not voting on any recommendation related thereto.

Employees shall not participate, directly or indirectly, in activities that relate to or consist of the sale or exchange of complimentary textbooks, software, laboratory manuals, or other educationally related items.

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