701 EMPLOYEE CONDUCT AND WORK RULES
To assure orderly operations and provide
the best possible work environment, the Foundation expects
employees to follow rules of conduct which will protect the
interest and safety of all employees and the employer. It is not
possible to list all the forms of behavior which are considered
unacceptable in the work place, but the following are examples of
infractions of rules of conduct which may result in disciplinary
action, including suspension or termination of employment.
Theft or inappropriate removal or possession of Foundation property (see Section 706)
Falsification of timekeeping records (see Section 401)
Working under the influence of alcohol or illegal drugs
Manufacture, sale, purchase, offer to sell or purchase, distribution, dispensation, possession, or use of alcoholic or illegal drugs in the work place, while on duty, or while operating employer-owned vehicles or equipment
Fighting or threatening violence in the work place (see Section 701.1)
Boisterous or disruptive activity in the work place
Negligence or improper conduct leading to damage of employer-owned or customer-owned property
Insubordination or other disrespectful conduct
Violation of safety or health rules
Smoking in prohibited areas
Sexual or other unlawful harassment
Possession of dangerous or unauthorized materials, such as explosives or firearms, in the workplace (see Section 701.1)
Excessive absenteeism, tardiness or any absence without notice
Unauthorized absence from work during the work day
Unauthorized use of telephones, mail system, or other employer-owned equipment
Unauthorized disclosure of trade secrets or confidential information
Violation of Foundation policies
Unsatisfactory performance or conduct
Employment is by mutual consent of the employer and employee,
and either party may terminate that relationship at will at any
time, with or without cause and with or without advance notice.
701.1 WORKPLACE VIOLENCE
The Foundation is committed to providing
a work environment that is free of violence. Any acts or
threatened acts of violence will not be tolerated. Anyone
engaging in such acts will be subject to corrective action, up to
and including immediate termination, and may also be personally
subject to other civil or criminal liabilities.
The Foundation has formed a management team to implement and
monitor policies dealing with the security of the workplace. This
team consists of the Foundation Executive Director, Director of
Human Resources, and Director of Information Systems and
Technologies. The team will utilize the services of the
Foundation Employee Assistance Counselor as needed.
Violent behavior includes, but is not limited to:
The actual or implied threat of harm to an individual, group
or individuals, or relatives of those individuals.
The possession on Foundation or California State University,
Long Beach ("University") property of a firearm (unless
specifically authorized in writing by the Foundation Director of
Human Resources, in concert with the University Police
Department), or the brandishing of any object which could
reasonably be construed as a firearm. The term
"property" shall include any Foundation or University
work site regardless of ownership, or any location where the
individual is engaged in Foundation or University business.
The possession on Foundation or University property of weapons
of any kind (unless specifically authorized in writing by the
Foundation Director of Human Resources, in concert with the
University Police Department), or the brandishing of any object
that could reasonably be construed as a weapon. Ther term
"property" shall include any Foundation or University
work site regardless of ownership, or any location where the
individual is engaged in Foundation or University business.
Loud, angry or disruptive behavior that is clearly not a part
of the typical work environment.
Callous or intentional disregard for the physical safety or
well-being of other.
Willful destruction of Foundation, University, or employee
property.
Commission of a violent felony or misdemeanor on Foundation or
University property. The term "property" shall include
any Foundation or University work site regardless of ownership,
or any location where the individual is engaged in Foundation or
University business.
Any other conduct which a reasonable person would perceive as
constituting a threat of violence.
This policy will apply to employees engaging in any violent
behavior regardless of whether or not the behavior is exhibited
during the employees' regular work schedule.
Any employee who is subjected to, witnesses or has knowledge
of an action which could be perceived as a violent act, or has
reason to believe that such actions may occur, must report it
promptly to his or her supervisor or to the Foundation Director
of Human Resources. Employees may raise concerns and make reports
without fear of reprisal.
702 DRUG AND ALCOHOL USE
In accordance with the Drug-Free
Workplace Act of 1988 ("DFWA"), the California State
University, Long Beach Foundation has established the following
policy:
Due to the prevalent use of illegal drugs in the United States
and the hazards they pose in the workplace, not only to the
abuser but to the general population as well, the Foundation
strictly prohibits the manufacture, sale, purchase, offer to sell
or purchase, distribution, use, dispensation or possession of
illegal drugs in the workplace. Physician-prescribed medications
may be used by employees, provided the drugs do not adversely
affect job performance or the safety of the employee or other
individuals in the workplace.
It is the responsibility of any Foundation employee convicted
of a criminal drug offense occurring in the workplace to notify
the Foundation Human Resources Department within five (5)
calendar days of conviction. Action may be taken against any
Foundation employee convicted of a criminal drug offense
occurring in the workplace. Appropriate action may include
discipline, up to and including termination, and/or the
requirement of satisfactory participation in a drug treatment
program as deemed necessary by the Foundation Director of Human
Resources.
To further enhance this effort, a drug-free awareness program
has been established to inform Foundation employees of the
dangers of drug abuse in the workplace, and the availability of
drug counseling and rehabilitation programs. This program is
designed to assist all Foundation employees. Any employee who
wishes further information should contact the Foundation Human
Resources Department.
703 UNLAWFUL HARASSMENT
The Foundation must take all reasonable
steps to prevent discrimination and harassment. Sexual harassment
in employment violates Foundation policy and is prohibited under
Title VII of the federal Civil Rights Act and the California Fair
Employment and Housing Act.
Sexual Harassment Defined
Federal Law defines sexual harassment as unwanted sexual
advances, requests for sexual favors or visual, verbal or
physical conduct of a sexual nature when: (1) submission to such
conduct is made a term or condition of employment; or (2)
submission to or rejection of such conduct is used as basis for
employment decisions affecting the individual; or (3) such
conduct has the purpose or effect of unreasonably interfering
with an employee's work performance or creating an
intimidating, hostile or offensive working environment.
California law defines sexual harassment as unwanted sexual
advances or visual, verbal or physical conduct of a sexual
nature. This definition includes many forms of offensive
behavior. The following is a partial list of behavior considered
offensive:
Unwanted sexual advances
Offering employment benefits in exchange for sexual favors
Making or threatening reprisals after a negative response to sexual advances
Visual conduct: leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters.
Verbal conduct: making or using derogatory comments, epithets, slurs, sexually explicit jokes, comments about an employee's body or dress.
Verbal sexual advances or propositions.
Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
Physical conduct: touching, assault, impeding or blocking movements
It is unlawful for any employee to sexually harass females or
males. Sexual harassment on the job is unlawful whether it
involves co-worker harassment, harassment by a supervisor or
manager, or by persons doing business with or for the Foundation.
Prevent Sexual Harassment
A program to eliminate sexual harassment from the workplace is
not only required by law but is the most practical way to prevent
incidents from occurring, or to avoid or limit damages if
harassment should occur despite preventive efforts.
The Foundation's Complaint Procedure
The Foundation's complaint procedure provides for an
immediate, thorough and objective investigation of any sexual
harassment claim, appropriate disciplinary action against one
found to have engaged in prohibited sexual harassment, and
appropriate remedies to any victim of harassment.
Employees who believe they have been sexually harassed on the
job, including harassment by persons doing business with or for
the Foundation should provide a written or verbal complaint to
Director of Human Resources or Executive Director of the
Foundation as soon as possible. The complaint should include
details of the incident(s), names of individuals involved, and
the names of any witnesses. Supervisors and managers must
immediately refer all harassment complaints to the Director of
Human Resources or Executive Director of the Foundation.
All incidents of sexual harassment that are reported must be investigated. The Director of Human Resources or the Executive Director of the Foundation will immediately undertake or direct an effective, thorough and objective investigation of the harassment allegations. The investigation will be completed and a determination regarding the alleged harassment will communicated to the employee(s) who complained and the accused harasser(s). If the Foundation determines that sexual harassment has occurred, the Foundation will take effective remedial action commensurate with the circumstances. Appropriate action will also be taken to deter any future harassment. If a complaint of sexual harassment is substantiated, appropriate disciplinary action, up to and including discharge, will be applied. Whatever action is taken against the harasser will be communicated to the employee who complained, and the Foundation will take appropriate action to remedy any loss to the employee resulting from the sexual harassment.
Protection Against Retaliation
The Foundation's policy and California law prohibit
retaliation against any employee by another employee or by the
Foundation for using the complaint procedure or for filing,
testifying, assisting or participating in any manner in any
investigation, proceeding or hearing conducted by a federal or
state enforcement agency. Prohibited retaliation to the
whistle-blower includes, but is not limited to, demotion,
suspension, failure to hire or consider for hire, failure to give
equal consideration in making employment decisions, failure to
make employment recommendations impartially, adversely affecting
working conditions or otherwise denying any employment benefits.
No harassment will knowingly be permitted, and the Foundation
will not knowingly permit any retaliation against any employee
who complains of sexual harassment or who participates in an
investigation. Foundation policy and California law prohibit
retaliation against any employee who opposes sexual harassment.
Opposition to sexual harassment includes, but is not limited to:
seeking advice or assisting or advising any person in seeking
advice of an enforcement agency regardless of whether a complaint
is filed or, it filed, substantiated; opposing employment
practices that an employee reasonably believes to be unlawful;
participating in an activity perceived to be opposition to
discrimination by an employer covered by the law; or contacting,
communicating with or participating in any federal, state, or
local human rights or civil rights agency proceedings.
Any report of retaliation by the one accused of harassment, or
by co-workers, supervisors or managers, will also be immediately,
effectively and thoroughly investigated in accordance with the
Foundation's investigation procedures outlined above. If a
complaint of retaliation is substantiated, appropriate
disciplinary action, up to and including discharge, will be
taken.
Liability For Sexual Harassment
Any employee of the Foundation whether co-workers, supervisor
or manager, who is found to have engaged in unlawful sexual
harassment is subject to disciplinary action up to and including
discharge from employment. An employee who engages in sexual
harassment, including any manager who knew about the harassment
and took no action to stop it, may be held personally liable for
monetary damages. The Foundation will not pay damages
assessed personally against any employee.
Additional Enforcement Information
In addition to the Foundation internal complaint procedure,
employees should also be aware that the federal Equal Employment
Opportunity Commission (EEOC) and the California Department of
Fair Employment and Housing (DFEH) investigate and prosecute
complaints of sexual harassment in employment. Employees who
believe that they have been sexually harassed may file a
complaint with the EEOC within 300 days of the harassment or with
the DFEH within one year of the harassment. Both the EEOC and the
DFEH serve as neutral fact-finders and attempt to help the
parties voluntarily resolve disputes.
If the EEOC finds a complaint is justified, it may bring a
lawsuit in federal court seeking an order to prevent further
unlawful activity, as well as orders to pay large fines and
damages, and remedies such as hiring, reinstatement, backpay,
promotion and changes in the employer's policies and/or
practices. If the DFEH finds evidence of sexual harassment, and
settlement efforts fail, the DFEH may file formal accusations
against the employer and the harasser. The accusation will lead
either to a public hearing before the Fair Employment and Housing
Commission or a lawsuit on the complainant's behalf by the DFEH.
If the Commission finds that harassment occurred, it can order
remedies, including damages and/or finds from each employer and
harasser charged. In addition, the Commission may order hiring or
reinstatement, backpay, promotions and changes in the policies or
practices of the involved employer. A court may order unlimited
damages.
Other Types of Unlawful Harassment
In addition to sexual harassment, the Foundation's policy
prohibits all types of harassment whether are based on an
employee's race, ethnicity, age, physical or mental disability,
sexual orientation or any other basis prohibited by federal,
state or local law. All such harassment is prohibited. The
policies and procedures described above apply to all types of
unlawful harassment and an employee should feel free, without
fear of retaliation, to follow the procedures described if he or
she believes unlawfully harassment has occurred.
For more information, contact the Director of Human Resources
or the Executive Director. The nearest office of the EEOC or
DFEH, may also be contacted as listed below:
Equal Employment Opportunity Commission
322 West First Street, #2126
Los Angeles, CA 90012
(213) 897-2844
Equal Employment Opportunity Commission
901 Market Street, Suite 500
San Francisco, CA 94103
(415) 744-6500
Department of Fair Employment and Housing
255 East Temple Street, Fourth Floor
Los Angeles, CA 90012
(213) 894-1015
Department of Fair Employment and Housing
30 Van Ness Avenue, Suite 300
San Francisco, CA 94102-6073
(415) 557-2005
704 ATTENDANCE AND PUNCTUALITY
To maintain a safe and productive work
environment, the Foundation expects employees to be reliable and
to be punctual in reporting for scheduled work. Absenteeism and
tardiness place a burden on other employees and on the employer.
In the rare instance when an employee cannot avoid being late to
work or is unable to work as scheduled, he or she must notify
his/her supervisor prior to the anticipated tardiness or absence,
or within two hours of his/her scheduled reporting time when
advance notice is impossible.
Poor attendance and excessive tardiness are disruptive. Either
may lead to disciplinary action, including termination of
employment.
705 PERSONAL APPEARANCE
Dress, grooming, and personal
cleanliness standards contribute to the morale of all employees
and affect the business image we present.
During business hours, employees are expected to present a
clean and neat appearance and to dress according to the
requirements of their positions. Employees who appear for work
inappropriately dressed will be sent home and directed to return
to work in proper attire. Under such circumstances, employees
will not be compensated for the time away from work.
Consult your supervisor or department head if you have
questions as to what constitutes appropriate attire.
706 RETURN OF PROPERTY
Employees are responsible for all
Foundation property, materials, or written information issued to
them or in their possession or control. Employees must return all
property of the Foundation that is in their possession or control
in the event of termination of employment, resignation, or
layoff, or immediately upon request. Where permitted by
applicable laws, the Foundation may withhold from the employee's
check or final paycheck the cost of any items that are not
returned when required. The Foundation may also take all action
deemed appropriate to recover or protect its property.
708 RESIGNATION
Resignation is a voluntary act initiated
by the employee to terminate employment with the employer.
Although advance notice is not required, the Foundation requests
at least two weeks' written resignation notice from all
employees.
710 SEARCHES
The Foundation wishes to maintain a work
environment which is free of illegal drugs, alcohol, firearms,
explosives, or other improper materials. To this end, the
Foundation prohibits the control, manufacture, possession,
transfer, sale, purchase, offer to sell or purchase, or use of
such materials on its premises. The Foundation requires the
cooperation of all employees in administering this policy.
Desks, lockers, and other storage devices may be provided for
the convenience of employees but remain the sole property of the
Foundation. Accordingly, they, as well as any article found
within them, if reasonable suspicion exists that a Foundation
policy is being violated, can be inspected by any agent or
representative of the Foundation at any time, either with or
without prior notice.
711 ELECTRONIC COMMUNICATIONS
The Foundation's computer systems and
other technical resources of the Foundation are provided by the
Foundation for the use of the Foundation and are to be reviewed,
monitored and used in the pursuit of the Foundation's business.
As a result, computer data is readily available to numerous
persons. If, during the course of employment, an employee
performs or transmits work on the Foundation's computers or other
technical resources, work may be subject to the review of others.
Files or programs may only be accessed with permission.
Unauthorized review of files, dissemination of passwords, the
creation or use of passwords not authorized by the Foundation,
damage to systems, removal of files, removal of programs or
improper use of information contained in the computer system may
be grounds for disciplinary action, up to and including
termination.
The use of electronic or E-mail in any manner which may be
disruptive, offensive to others or harmful to morale is
specifically prohibited, including but not limited to the display
or transmission of sexually explicit images, messages and
cartoons, as well as use of any ethnic slurs or communication
which may be construed as harassment or disparagement of others.
Such transmissions may be grounds for disciplinary action, up to
and including termination. Use of Foundation resources for
ventures, religious or political causes, outside organizations or
other non-job-related solicitations is strictly forbidden and is
grounds for disciplinary action, up to and including termination.
Searches of E-mail may be conducted without advance notice in
order to information, is being used exclusively for such purpose.
Employees may not duplicate software programs. Any
unauthorized duplication is grounds for immediate discipline, up
to and including discharge. Employees may not keep any backup
copies of work done for the Foundation when they leave the
company. If employees wish to keep samples of their work, they
must obtain written permission from the Executive Director to
download specific examples. Downloading may occur only in the
presence of the Director of Information Systems Technology or
his/her designee. Under no circumstances are employees allowed to
keep copies of proprietary information, data, or programs.
An employee of the Foundation is permitted to use the
Foundation's equipment for occasional, non-Foundation-related
purposes in accordance with the Foundation's policy. However, no
personal right of privacy of an employee exists in any file
contained within or transmitted by the Foundation computers.
Likewise, information contained on the Foundation's voicemail
system is subject to review; the Foundation management may
override your voicemail password and review your messages if
deemed necessary in the best interest of the Foundation.
The Foundation property such as cellular telephones, office
telephones, modems and beepers are not to be used for illegal
activities or non-Foundation-related business. Bills and other
documentation related to this type of equipment are the property
of the Foundation and may be reviewed and used for purposes the
Foundation considers appropriate.
712 SOLICITATION
In an effort to assure a productive and
harmonious work environment, persons not employed by this
organization may not solicit or distribute literature in the
workplace at any time for any purpose without the express written
permission of the Foundation Executive Director.
The Foundation recognizes that employees may have interest in
events and organizations outside the workplace. However,
employees may not solicit or distribute literature concerning
these activities during work time. (Work time does not include
lunch periods, work breaks, or any other periods in which
employees are not on duty.)
Examples of impermissible forms of solicitation include:
* The distribution of literature in work areas during work
time
In addition, the posting of written solicitations on company
bulletin boards is restricted.
714 DRUG TESTING
The Foundation is committed to providing
a safe, efficient, and productive work environment for all
employees. In keeping with this commitment, employees and job
applicants may be asked to provide body substances samples (e.g.
blood, urine) to determine the illicit use of drugs. The
Foundation will attempt to protect the confidentiality of all
drug test results. Drug tests may be conducted in any of the
following situations:
POST-ACCIDENT - Any current employee who is
involved in a serious incident or accident while on duty, whether
on or off the employer's premises, may be asked to provided a
body substance sample, if a reasonable suspicion exists that the
employee is under the influence of alcohol or drugs or controlled
substance.
FITNESS-FOR-DUTY - This test may be required
if significant and observable changes in employee performance,
appearance, behavior, speech, etc. provide reasonable suspicion
of the influence of drugs. A fitness-for-duty evaluation may
include the testing of a body substance sample.
RANDOM TESTING- Employee holding
safety-sensitive positions may be subject to testing at any time
on a random basis.
Subject to any limitations imposed by law, refusal to provide
a body substance samples under the conditions described above may
result in disciplinary action, up to and including discharge.
715 SUBPOENAS
A subpoena is a form order issued from a
court or an administrative agency, which compels the attendance
of a witness and/or production of documents, at a particular time
and location. There are many different kinds of subpoenas, and
their requirements vary depending on the nature of the underlying
proceedings in which they are issued.
A. Witness - In the event that a subpoena calls for the
appearance of a Foundation employee in connection with their
work, the subpoena must be served upon that witness personally.
Immediately upon receipt of the subpoena, the employee must
notify the Foundation Human Resources Department. The employee
will be asked to forward a copy of the document to the Director
of Human Resources. If the Director of Human Resources determines
that legal counsel is necessary, an attorney will be provided at
no cost to the employee. Employees shall never in
connection with Foundation business contact any legal counsel
without the express permission of the Director of Human
Resources. Foundation employees who must appear as a witness in
connection with Foundation employment will continue to receive
regular pay during the period of witness service.
B. Records - In the event that a subpoena calls for the
production of documents, the subpoena shall be delivered to the
Human Resources Department. If a subpoena is inadvertently
accepted by someone outside of the Human Resources Department,
the recipient must immediately contact the Human Resources
Department and deliver the original document to the Human
Resources Department no later than the end of the same business
day.
If the subpoena requests the production of employment records,
the Human Resources Department will have responsibility for
responding to the subpoena. If the subpoena requests the
production of documents other than employment records, the
Director of Human Resources will coordinate the response to the
subpoena in concert with the appropriate custodian of records.
750 EMPLOYEE ASSISTANCE PROGRAM
The Employee Assistance Program provides
confidential counseling and referral services to employees.
Foundation employees may visit a licensed, marriage, family and
child counselor up to three times per year. The counselor will be
one trained to deal confidentially with a variety of personal or
family issues. To learn more about this benefit, please call the
Director of Human Resources.
780 ADMINISTRATIVE REVIEW PROCESS
Occasionally, employees may encounter a
situation of conflict requiring the attention of an individual of
a higher level of authority. In most cases, an employee is
encouraged to seek the assistance of his or her immediate
supervisor to resolve the conflict. In cases where the employee
is not satisfied with the resolution suggested by the supervisor,
or if the nature of the conflict causes the employee to feel
uncomfortable in dealing with his or her immediate supervisor,
the employee is encouraged to seek the assistance of the
Foundation Human Resources Department. An employee may discuss
problems or conflicts without fear of reprisal with any member of
Foundation management. Additionally, some circumstances may be
referred for Administrative Review. Information about this
process may be obtained from the Human Resources Department.
800 EMPLOYMENT STATUS OF INDIVIDUALS WITH
LIFE THREATENING ILLNESS
The Foundation recognizes that employees
with life-threatening illnesses, such as cancer, heart disease,
and AIDS, may wish to continue his or her normal pursuits,
including work, to the extent the condition allows. The decision
to continue work will be based on the ability to meet normal
performance standards and on the receipt of satisfactory medical
evidence that the employee does not present an immediate threat
to themselves or others. Evaluation of the potential dangers
presented by individuals with life-threatening diseases will
occur on a case-by-case basis by the Foundation Director of Human
Resources who will consider existing medical and scientific
evidence.
EMPLOYEE ACKNOWLEDGMENT FORM
I understand that the employee handbook
describes important information about this organization and that
I should consult a Foundation Human Resources Representative
regarding any questions not answered in the handbook.
Since provisions of the handbook are subject to change, I
further understand that revisions in writing signed by authorized
Foundation representatives to the handbook may supersede or
eliminate one or more existing policies and that all such changes
will be communicated through official notices.
My employment relationship with this organization is
voluntarily entered into and is subject to termination or
modification by me or my employer at will, with or without cause
or advance notice.
I acknowledge that this handbook is neither a contract of
employment nor a legal document. I have received, read,
understood, and will comply with both the policies contained in
this handbook and any revisions made to it.
Employee's Signature Date
Employee's Name (Typed or Printed)