DRUG FREE SCHOOLS AND COMMUNITIES ACT INFORMATION

In accordance with the Anti-Drug Act of 1988, it is prohibited for any employee to participate in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace. Employees in violation of this law are subject to disciplinary action/prosecution.

COVERAGE
The entire University community, including students, faculty, staff, and visitors to the campus.

STANDARDS OF CONDUCT
The unlawful manufacture, distribution, dispensing, possession, or use of illicit drugs and alcohol on Marshall University property or as a part of any University function is prohibited. (b) Reporting to work, class, or any University function under the influence of alcohol or illicit drugs is prohibited.

DISCIPLINARY SANCTIONS
The University will impose disciplinary sanctions on students and employees consistent with local, State, and Federal laws for violation of the "Standards of conduct" outlined above. All persons should be aware that violations could result in expulsion from school, termination of employment, or referral for prosecution.

• Federal Trafficking Penalties include substantial fines and imprisonment up to life.
  
• West Virginia Sanctions depend on the classification of the controlled substance, the particular activity involved (possession or trafficking) and whether multiple convictions are involved. Under WV law, the most severe penalties for drug violations are for possession with intent to sell. On a first offense conviction, one may receive a fine of up to $25,000 and/or imprisonment for 15 years. Sanctions for violations of state alcohol laws vary according to the severity of the offense, with the minimum vehicular violation calling for imprisonment in the county jail for 24 hours, and a $500 fine.
  
• University Sanctions will be imposed consistent with procedures used in other disciplinary actions. Violations of drug and alcohol standards are the most serious type, and may result in sanctions up to expulsion from the University.

HEALTH RISKS
Substance abuse and drug dependency are problems of staggering size in our society today. They are the leading causes of preventable illness and injury in the United States, and are estimated to afflict over 25 million Americans. While alcoholism may develop in anyone, it tends to appear first between the ages of 20 and 40, and is more prevalent when a family history of alcohol abuse exists. Alcohol abuse is often characterized by one of three different patterns: (1) regular and daily use, (2) drinking large amounts of alcohol (binging) at specific or irregular times, or (3) periods of sobriety interspersed by periods of heavy drinking and intoxication. The disorder is progressive, and is usually fatal. If you recognize any tendencies toward alcohol abuse in yourself, your friends, or loved ones, please seek help as outlined below in the "Counseling and other assistance" section.
Health risks of other drugs include:

• Narcotics (including opium, morphine, codeine, heroin and others). Physical addiction, loss of awareness, respiratory restriction, and possible death.
  
• Depressants (including barbiturates, Quaaludes, and others). Slurred speech, disorientation, shallow respiration coma likely with overdose.
  
• Stimulants (including cocaine, amphetamines, and others). Increased heart rate and blood pressure, possibly leading to death, increased excitation, loss of appetite.
  
• Hallucinogens (including LSD, "mushrooms," PCP, mescaline, and others). Illusions and hallucinations, poor perception of time and distance, psychotic and unpredictable behavior, often leading to injury and arrest. Symptoms may reappear (flashback) some time after use.
  
• Cannabis (marijuana, hashish, THC, others). Unrealistic euphoria, diminished inhibitions, disoriented behavior, diminished motivation, increased pulse.

COUNSELING AND OTHER ASSISTANCE
Help is available on campus through Student Health Education Programs, 145 Prichard Hall, 696-4800. Services are free and confidential. An Alcoholics Anonymous group meets on campus and is open to all interested parties. Community resources are also available and can be accessed through the number listed above. The University will support the effort of any employee seeking assistance in a treatment program.

HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND HEPATITUS B VIRUS(HBV)
Acquired Immunodeficiency Syndrome (AIDS) is a blood-borne disease that affects the immune system. The other known blood-borne disease with serious implications for employees is Hepatitis B Virus (HBV). Recognizing individual rights, voluntary testing, and confidentiality of test results and health records, the Marshall University policy regarding HIV/HBV is as follows:

• Students at risk are required to present documentation of a completed series of HBV immunizations prior to any clinical experience, or a written signed consent form indicating knowledge of the risk and waiving immunization. Students will be encouraged to complete the HBV immunizations.
  
• Students, staff, and faculty members at risk are given instructions (oral and written) regarding universal precautions for blood-borne and body-borne infections prior to clinical, laboratory, or job related experiences.
  
• Faculty members who might be exposed to blood in the clinical supervision of students should receive HBV vaccinations, or sign a written consent form indicating knowledge of the risk and waiving immunization. Faculty will be encouraged to complete immunizations.
  
• Staff at risk who might be exposed to blood in the performance of their jobs should receive HBV vaccinations, or sign a written consent form indicating knowledge of the risk and waiving immunization. Staff will be encouraged to complete the immunization.
  
• Students and supervising faculty members and staff who have the potential for exposure to blood or other potentially infectious materials must comply with affiliated agency guidelines for preventive and post exposure requirements.
  
• If an accidental exposure occurs, faculty, staff, and students should follow Centers for Disease Control (CDC) guidelines for occupational exposure.

*The Americans with Disabilities Act of 1990 (P.L. 101-336) specifies that qualified individuals may not be denied admission or employment or be subject to discrimination on the basis of their handicap, unless that handicap poses a "direct threat" to others. HIV infected persons are considered handicapped under the provisions of this legislation. Admission employment decisions must be made on the basis of qualifications and functional abilities for the program position if reasonable accommodations were to be made. Such accommodations need not be made if to do so would be an "undue hardship" for the organization. "Undue hardship" generally turns upon the difficulty or expense of the accommodation balanced against the organization's resources. The ADA, which applies to employment and public accommodation, is extensive and complex and should be reviewed for relevance to specific decisions.

IMMIGRATION REFORM AND CONTROL ACT (IRCA)
The Immigration Reform and Control Act of 1986 makes it illegal for an employer to knowingly hire an illegal alien. Stiff fines and penalties are assessed for violations of the law. Therefore, in accordance with the federal law, Marshall University requires ALL newly hired employees to present appropriate documents establishing their identity and authorizing their right to work in the United States. This must be accomplished within 72 hours of the initial date of employment.

All new employees must complete an I-9 form and provide appropriate documentation to the Department of Human Resources.

Failure to comply with the requirements of the law by the employee may result in

• A delay in the employee being placed on the payroll, or
  
• Termination of employment.

It is the responsibility of the employee to report changes in visa status to Human Resources.

INCLEMENT WEATHER
Generally it is Marshall University’s policy to maintain its normal schedule, even when conditions are inclement. However, that is not always possible.  In those instances when it is necessary to alter the schedule in response to weather conditions, the University will announce one of several types of closing, cancellation or delay: 

UNIVERSITY CLOSED: All classes suspended and offices closed. 

CLASSES CANCELLED: All classes suspended; offices open. 

DELAY CODE A:  Means a delay in the opening of classes BUT no delay in the opening of offices.  Delays will usually be in the range of one to two hours.  Employees are expected to report to work at their normal starting times unless they feel that travel is unsafe.  If an employee feels that he/she cannot travel safely to work, they may charge accrued annual leave for the portion of the workday from 8:00 a.m. (or their normal start time) until their arrival at work. 

DELAY CODE B:  Means a delay in the opening of classes AND a delay in the opening of offices.  Delays will usually be in the range of one to two hours.  Employees do not have to report to their offices until the stated delay time.  If they believe they cannot travel to work safely by the stated delay time, they may charge accrued annual leave for the work hours from the stated delay time until they can next report to work.

Sources of information: The University will attempt to publish information about the status of the institution through the following means: (1) notification to television and radio stations in Huntington and Charleston (and notification to Huntington and Charleston newspapers if publication deadlines permit); and (2) posting messages to the Huntington AUDIX system (696-6245) and to the University response number (696-3170).  Television and radio stations may not publish the University’s announcement correctly.  Therefore, the authoritatively correct statement of the University’s situation is stipulated to be the message on the AUDIX system or the University response number. 

Class operation under delays: Under both categories of delay, students should go to the class that would begin at the stated delay time or the class that would have convened within 30 minutes of the stated delay time.  A two-hour delay means that classes that begin at 10:00 a.m. begin on time.  Classes that begin at 9:30 a.m. meet at 10:00 a.m. and continue for the remaining period of that class. 

Exceptions with regard to certain employees: Certain critical and emergency employees may be required to report to work on time or earlier than normally scheduled (or remain on campus) despite the particular delay code published. 

Safety: Individual employees may, in their best judgment, determine the risk of travel to be too great and elect to remain home. Those who do should contact their respective supervisors and indicate they are (1) taking annual leave that day, or (2) taking compensatory time, in the event compensatory time is owed to them. 

Area interruptions: In the event a building, or section of a building is closed (because of heat loss, power outage, etc.), employees working in that affected area will be permitted to take their work to another area or building on campus. Or, in consultation with the supervisor, the employee may elect to take annual leave that day, or take compensatory time off. 

Policy basis and decision-making: The basis for the University’s inclement weather policy is Executive Policy Bulletin 7, Policy Regarding Weather-Related and/or Emergency Closings and Delays.  Decisions about closing, cancellation and/or delay are made by the Senior Vice President for Academic Affairs and/or the Senior Vice President for Finance and Administration.  Human Resource Services assists employees as required with questions related to this policy. 

NOTE: Marshall Community & Technical College participates in the procedure set forth above.  However, the above information applies only to the Huntington campus area.  The Marshall University Graduate College in South Charleston and the associated education centers have different policy and definitions as set forth below: 

Marshall University Graduate College (South Charleston campus) and Other Education Centers: The Marshall University Graduate College (South Charleston campus) and the associated education centers outside Huntington follow a different inclement weather policy as set forth below.  Decisions about closings, delays, or cancellations are made for MUGC and the education center by the Vice President for Regional Operations and/or education center directors. 

Marshall University Graduate College – South Charleston Campus: Since MUGC classes do not generally meet until late afternoon, an effort will be made to decide about classes by noon.  Notification of delays or cancellations at the South Charleston Campus will be announced by (a) local media, (b) MUGC telephone system, and (c) University web site.  Any delay will be placed on the MUGC automated switchboard. Students may check the status of their classes by calling the MUGC telephone system (746-2500) or checking the Graduate College web site. 

Point Pleasant, Beckley, Teays Valley and Other Educational Centers: Procedures for delayed openings and class cancellations are similar to those for the MUGC.  At Point Pleasant, Beckley, and Teays Valley local media will provide information regarding cancellations.  In addition, each site has a weather hot line: (a) Point Pleasant, 674-7239; (b) Beckley, 252-0719; (c) Teays Valley, 757-7223. 

Remote Locations and Other Education Centers: Because the Marshall University Graduate College may have several classes meeting on an irregular schedule in a geographically dispersed area throughout the semester, decisions about whether to meet during inclement weather will be made by the instructor.  Those decisions will be transmitted to students by e-mail or other methods as agreed by students and the instructor. 

Definitions for MUGC (South Charleston): 

MUGC Closed: All classes cancelled and offices closed. 

MUGC Classes Cancelled: All classes cancelled. Details provided by site. 

MUGC Delay: A delay in the beginning of non-class activities, e.g. a two-hour delay would mean the normal work day would begin at 10:00 a.m. rather than 8:00 a.m.

NON-DISCRIMINATION
Marshall University's Affirmative Action Program is designed to provide equal opportunity and an atmosphere of nondiscrimination with respect to minorities, females, and individuals with disabilities. We reaffirm our commitment, morally and legally, to recruit, employ, and retain minority, female, and disabled faculty and staff. All decisions to recruit, employ and retain candidates for positions will be based on qualifications. The University also ensures that all other terms and conditions of employment are provided to employees without regard to race, color, sex, age, religion, national origin, mental or physical disability, or sexual orientation. This policy also applies to qualified disabled veterans and veterans of the Vietnam Era.

Furthermore, the University neither affiliates with nor grants recognition to any individual, contractor, or organization on or off campus having policies that discriminate on the basis of race, color, sex, age, religion, national origin, disability, or sexual orientation as defined by applicable laws and regulations.

NON-SMOKING ENVIRONMENT
Smoking is prohibited in University buildings and vehicles, including all areas of the Marshall University football stadium and Henderson Center. Student residence hall rooms that are designated as smoking rooms and properties that the University has leased to others are exceptions to this policy. Employees should consult with their supervisor to determine when and where smoking breaks can be taken.

Employees who violate this policy will be subject to disciplinary action.

POSITION REASSIGNMENT
Once positions have been designated for reassignment, employees may be involuntarily transferred:

• Within an administrative area
• From one administrative area to another
• To departments that have the highest priority

CRITERIA FOR REASSIGNMENT
The following criteria will be taken into consideration when reassigning positions:

1. Employee qualifications
2. Duties and responsibilities needed by the department requesting the position

(See also Transfers and Promotions)

RIGHT TO PRIVACY
Marshall University follows the intent of the Privacy Act of 1974 when working with confidential employee information.

NOTE: The Family Education Rights and Privacy Act (Buckley Amendment) applies only to students, not faculty or staff.

SERIES 8 (PERSONNEL ADMINISTRATION )
To provide uniform guidelines for personnel administration for institutions of higher education in West Virginia. Major components include, but are not limited to, position classification, employment status, and salary administration.

Complete copies of the Series 8 guidelines may be obtained in the Department of Human Resources.

SEXUAL HARASSMENT
Sexual harassment in any manner or form is expressly prohibited by the University. The University is committed to the prevention and/or eradication of sexual harassment. It is the responsibility of students, employees and contractors of the University to maintain a work and educational environment free from sexual harassment. It is the responsibility of all academic and administrative supervisory employees to provide educational opportunities to foster such an environment; it is also their responsibility to take immediate action whenever sexual harassment is reported or becomes known.

FILING AND PROCESSING COMPLAINTS
Any complaint regarding discrimination or sexual harassment should be filed with the Equity Programs office. All allegations will be investigated by the Director of Equity Programs. Complaints should be made to your immediate supervisor, your department manager, or the Director of Equity Programs.

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