4-OP-C-7-G Employee and Labor Relations

Responsible Executive: Vice President for Finance and Administration

Approving Official: Vice President for Finance & Administration

Effective Date: August 8, 2016

Last Revision Date: See individual sections for section update history

4-OP-C-7-G1 EVALUATION OF AEX, A&P AND USPS EMPLOYEE PERFORMANCE

Responsible Executive: Vice President for Finance and Administration

Approving Official: Vice President for Finance & Administration

Effective Date: April 29, 2019

Last Revision Date: Prior version readopted 1/1/2014

INTRODUCTION
1. It is the policy of Florida State University to communicate to Executive Service (AEX), Administrative and Professional (A&P) and University Support Personnel System (USPS) employees' job performance expectations and management's evaluation of the employee's job performance. Supervisors and managers should be forthright in their evaluations of employees, and the performance evaluation process should be a constructive tool for continual improvement, documenting substandard performance, and recognition of employees' performance.
2. OBJECTIVE
3. To specify the methods and responsibilities for conducting and reporting employee performance evaluations. AEX, A&P and USPS employees must have their performance evaluated at least annually. AEX, A&P and USPS employees' performance reviews should be completed to coincide with the annual evaluation cycles. The annual evaluation cycle for AEX and A&P performance reviews is August 8th through August 7th of each year, and will be due on a designated date in September of each year. The annual evaluation cycle for USPS performance reviews is January 1st through December 31st of each year. USPS performance evaluations will be due to the Office of Human Resources by March 1st of each year.
POLICY
1. Performance evaluations shall be based on total performance in fulfilling assigned responsibilities. The purpose of the evaluation is to assess performance, to communicate performance effectiveness, and to aid in improving performance in the areas of behavioral expectations, assigned duties and responsibilities, and position competencies.
2. For both A&P and USPS employees, the documentation of the performance review must be completed using the ePerformance module in OMNI HR. The standard rating levels are listed below:
  - Exemplary:
    Employee performance level exceeds expectations, surpasses requirements, and is at the highest level of performance. Work serves as an example for others.
  - Above Satisfactory:
    Employee performance level is higher than adequate expectations and requirements for the position, and approaching the highest level of performance. Working towards an exemplary rating.
  - Satisfactory:
    Employee performance level meets adequate expectations and requirements for the position but not approaching higher levels of performance. Working towards an above satisfactory rating.
  - Marginal Satisfactory:
    Employee performance minimally meets the expectations and requirements for the position.
  - Below Satisfactory:
    Employee performance level fails to meet adequate expectations and requirements for the position. Sustained improvement needed.
3. After completing the employee’s evaluation using ePerformance, the supervisor must discuss the evaluation with the employee in person. USPS ePerformance evaluations should be reviewed by the higher level supervisor (when applicable) prior to discussing the evaluation with the employee. The rater’s completed evaluation shall not be changed by the higher level supervisor, but the higher level supervisor may attach written comments concerning the evaluation. Higher level supervisor review is not required when the rating is completed by a Department Chair, Dean, Director, Assistant Vice President, Vice President, or the President, unless otherwise required by departmental policy.
4. When the performance evaluation is discussed, the employee shall be provided with information regarding the basis of the evaluation and then given the opportunity to acknowledge receipt of the evaluation in OMNI HR. The employee may provide written comments electronically on the OMNI HR evaluation form or submit a written document to their supervisor. The completed evaluation form and employee comments, if applicable, shall be placed in the employee's official personnel file.
5. The evaluation rating period shall cover the specific period shown on the evaluation and will not cover a period not yet worked. Only one overall rating may be in effect for a specific period.
6. The rater, normally the employee's immediate supervisor, is primarily responsible for timely completion of the evaluation rating and shall be held accountable for such evaluations.
7. The rater shall be the person regularly assigned to direct the work of the employee, or if that person is unavailable, the appropriate supervisory authority may complete the evaluation. Such designation shall not conflict with applicable collective bargaining agreements.
8. An evaluation is considered to be complete after it has been discussed with the employee and the rater has completed the evaluation in OMNI HR.
  1. USPS Evaluations
    1. Probationary Evaluation
      1. A USPS probationary evaluation is required for any probationary period defined in the University Employee Pay Plan. A probationary evaluation shall be completed within the 30 days prior to the end of the probationary period for the designated job classification or prior to the end of any probationary period extension. This evaluation is completed through the ePerformance process in OMNI HR.
      2. The execution of more than one evaluation during the probationary period is optional. However, performance discussion and feedback to the employee should be on-going throughout the probationary period. The probationary period may normally be extended up to six months, in 60 day intervals, when any of the following circumstances occur:
        
        The employee is rated Below Satisfactory;
        
        The supervisor determines that additional time is needed for appropriate training or on-the-job experience;
        
        The employee or rater is granted an authorized leave of absence [other than military leave for the employee in accordance with FSU Regulation FSU-4.0015] during the probationary period. The probationary period may be extended for the length of the period of an approved leave of absence; or
        
        An employee without regular status in the current job classification is reassigned to a different position in the same job classification and makes a written request that the probationary period be extended for a period not to exceed six months.
      3. A request to extend the probationary period requires the approval of the Chief Human Resources Officer, or designee, and should be submitted to the Human Resources at least 14 days before the end of the probationary period to allow sufficient time to process the request for extension.
      4. An employee serving a probationary period in the current class shall be removed from the job classification if his/her performance has not improved to a Satisfactory rating within the probationary period or extended period.
      5. An employee who is on military leave, as described in FSU Regulation FSU-4.0015, at the expiration of the probationary period shall be considered to have completed the probationary period with a Satisfactory rating on their evaluation. If an employee returns from military service prior to the expiration of the probationary period, the employee shall be required to complete the remainder of the probationary period.
    2. Annual Evaluation
      1. An annual evaluation shall be completed for each USPS employee having regular status in the current job classification.
      2. An employee shall receive an evaluation each year coinciding with the annual USPS evaluation cycle, unless the rating period is extended in accordance with the conditions stated above relative to the extension of the probationary period.
      3. An annual evaluation of an employee who has returned from military leave as described in FSU Regulation FSU-4.0015, shall be impacted by the time on military leave. The employee's performance level while on military leave shall be considered to be at the same rating level as the employee's preceding evaluation.
    3. Special Evaluation
      1. A special evaluation for a USPS employee with regular status may be completed at any time. Whenever the rater determines that the employee's performance has changed from the rating level reflected on the most recent evaluation a special evaluation may be completed.
      2. When an employee's most recent evaluation is at a Satisfactory rating or higher and a special performance evaluation is completed, the rating period may only cover the day after the last rating period to the date the evaluation is discussed with the employee. The exception is when an employee's performance has dropped to Below Satisfactory rating. When a special performance evaluation is completed rating the employee Below Satisfactory overall, the evaluation shall not cover more than a 60-day period immediately preceding the date the special evaluation is discussed with the employee. See below for additional information concerning Below Satisfactory evaluations.
    4. Below Satisfactory Evaluation
      1. If a USPS employee who has attained regular status in the job classification receives a special evaluation of Below Satisfactory, the rater, with cooperation of higher level supervisors, shall communicate in writing to the employee, a Performance Improvement Plan (PIP) to assist in correcting the noted deficiencies. A Below Satisfactory rating must always be accompanied by a PIP when it is submitted to Human Resources. Employee and Labor Relations will assist in developing the PIP. In all instances, the supervisor must contact Employee & Labor Relations prior to initiating a Below Satisfactory evaluation.
      2. For employees covered by an applicable collective bargaining agreement, an employee may be removed from the job classification no sooner than 60 days after receipt of the PIP if adequate improvement in performance is not achieved. Otherwise the employee may be removed from the job classification at any time if immediate and sustained improvement in performance is not achieved.
      3. An employee shall usually not remain at the Below Satisfactory rating for more than 120 days and, as noted above, may be removed from the job classification at any time if adequate improvement in performance is not achieved. Employees covered by an applicable collective bargaining agreement may be removed no sooner than 60 days after receipt of the performance improvement plan. If the employee's performance has not improved to at least a Satisfactory rating within the designated improvement period(s), the University shall initiate action to remove the employee from the job classification. Such action will normally be completed within 45 days of being initiated.
      4. Rating periods may be extended in accordance with the conditions stated above relative to the extension of the probationary period.
  2. AEX and A&P Evaluations
    1. Annual Evaluation
      1. An employee shall receive an annual evaluation completed each year coinciding with the annual evaluation cycle.
      2. An annual evaluation of an employee who has returned from military leave as described in FSU Regulation FSU-4.0015, shall not be impacted by the time on military leave. The employee's performance level while on military leave shall be considered to be at the same rating level as the employee's preceding evaluation.
    2. Mid -Year Evaluation
      1. A mid-year evaluation may be completed whenever the rater determines that the employee's performance has changed from the rating level reflected on the most recent evaluation or if a newly hired employee did not receive an evaluation during the annual evaluation cycle. Supervisors must contact Employee & Labor Relations to request a mid-year evaluation form for an employee.
  3. Absence of an Evaluation
    1. In the absence of a required evaluation, the following shall apply:
    2. USPS employees who have not yet received an evaluation shall be designated a Satisfactory rating.
    3. USPS employees with a previous evaluation in their current job classification shall be considered to be at the same level as the preceding evaluation, except when the preceding evaluation is rated Below Satisfactory. When an USPS employee has a Below Satisfactory rating and a required evaluation is not completed, the employee shall be designated a Satisfactory rating.
    4. AEX and A&P employees who do not have an evaluation completed during the required annual period will be designated at the most recent evaluation rating on file.
    5. An employee may make a written request for a performance evaluation to replace a rating received through the provisions above, within 30 days following the original due date of the evaluation. If an employee makes such a request, the rater shall complete the evaluation within 30 days of receipt of the request.
LEGAL SUPPORT, JUSTIFICATION, AND REVIEW OF THIS POLICY

The President holds delegated authority from the Board of Trustees to establish personnel policies. Constitutional authority, state statutes, federal statutes, Florida Board of Governors regulations, and University regulations authorize the policy:
- Florida Constitution Article IX Section 7;
- Florida Statutes Sections 110.224 & 1001.706(6)(a);
- Florida Board of Governors Regulation 1.001(2)(e) and (5)(a); and
- Florida State University Board of Trustees Regulation FSU-4.001.
This policy shall be reviewed by the Chief Human Resources Officer every seven years for its effectiveness. The Office of Human Resources shall make recommendations to the Vice President for Finance and Administration for any modification or elimination.

OP-C-7-G2 USPS & A&P COMPLAINT PROCEDURE

Responsible Executive: Finance and Administration

Approving Official: Vice President for Finance & Administration

Effective Date: August 23, 2018

Last Revision Date: Prior version readopted 1/1/2014

INTRODUCTION
1. It is the policy of Florida State University to provide University Support Personnel System (USPS) and Administrative and Professional (A&P) employees with a formal mechanism by the way of an internal Complaint Procedure to allow employees to bring complaints to the attention of management with the assurance that they will receive appropriate review. Retaliation for filing or participating in the Complaint Procedure is prohibited.
2. An employee who has a complaint or grievance is encouraged to discuss with his or her immediate supervisor the option of utilizing the University's Mediation Program, which is administered by the University’s Employee Assistance Program (EAP), before filing a formal complaint or grievance. Information regarding the EAP Mediation Program may be obtained from visiting the University's EAP office or website at https://eap.fsu.edu/. A request to hold the time limits for the filing of a complaint or grievance in abeyance must first be approved in writing by the Director of HR, Employee & Labor Relations or his/her designee.
POLICY
1. This policy establishes the procedure and responsibilities for processing internal complaints by University Support Personnel System (USPS) and Administrative and Professional (A&P) employees.
2. Under this policy, an employee shall not have the right to file a complaint concerning performance evaluations and/or other documents, excluding disciplinary actions, where performance is addressed unless it is alleged that the evaluation and/or document was based on factors other than performance. Dismissals, suspensions, Reductions in Pay, Transfers, Layoffs, Demotions, and Job Abandonment, shall not be considered as complaints under this process, but shall be handled under the provision governing arbitration appeals for USPS and A&P employees.
3. The Director of HR, Employee & Labor Relations, on the behalf of the Chief Human Resources Officer will determine if the complaint can be resolved through the review of a Complaint Review Officer. If it is determined that the subject matter of the complaint is beyond the review of a Complaint Review Officer, the employee shall be notified in writing. HR, Employee & Labor Relations will work with the employee to resolve the complaint through a more appropriate alternative.
4. PROCEDURES
  1. Time limitations
    1. The time limitations established in this policy are imposed to ensure timely consideration and response by management to the complaint. When circumstances necessitate, the parties may mutually agree to waive the time limitations with the approval of the Director of HR, Employee & Labor Relations, or his/her designee.
    2. The University’s failure to abide by any step of this procedure and/or failure to communicate the decision to the complaint within the specified time limit shall permit the complainant to proceed to the next step. The complainant’s failure to initiate action at any step of this procedure within the specified time limit shall be deemed a waiver of the complaint.
    3. In the event that any action falls due on a Saturday, Sunday, or State, Federal, or University observed holiday, or during other University approved closures, the action will be considered timely if it is completed by 5:00 p.m. on the following business day.
    4. In the event the resolution of the complaint results in an award to the complainant, the award shall not be retroactive to a date earlier than the date of the occurrence of the event giving rise to the complaint under consideration, and in no event more than 30 days before the complaint was filed.
  2. Applicability
    1. A. USPS Employees: Employees with regular status in a USPS position shall have access to the full Complaint Procedure. Employees who have not obtained regular status in a USPS position may pursue this Complaint Procedure only through their immediate supervisor and the next level supervisor whose decision shall be final. Employees who do not have regular status shall not have the right to a review of their complaint by a Complaint Review Officer.
    2. B. A&P Employees: Employees who are on an A&P Regular and Multi-Year appointments shall have access to the full Complaint Procedure. A&P employees on other appointments may pursue this Complaint Procedure only through their immediate supervisor and the next level supervisor whose decision shall be final. A&P employees on other appointments shall not have the right to review of their complaint by a Complaint Review Officer.
  3. Form
    1. The following form is used in this procedure and may be obtained by contacting HR, Employee & Labor Relations, or by visiting their website: FSU USPS and A&P Complaint Procedure Form.
  4. Initial Action (Step 1)
    1. When an employee feels that a complaint exists, the employee should arrange a meeting with the immediate supervisor. This meeting must be held within 30 calendar days from the date that the employee became aware of the act or condition that is the basis of the complaint. The complaint may be expressed orally or in writing. It is the intent of Florida State University that, whenever possible, complaints be resolved at this stage through discussions between the employee and the immediate supervisor. The immediate supervisor must respond to the employee's complaint within five calendar days of the first meeting.
  5. Filing A Written Complaint (Step 2)
    1. Employees who do not consider their complaint resolved after meeting with their immediate supervisor shall file their complaint in writing using the University’s USPS and A&P Complaint Procedure Form. (Complaint Form - Part A) The complaint will not be reviewed by a higher level supervisor(s) unless the complaint is filed in writing. The complaint form must be provided to the employee's immediate supervisor within five calendar days of receiving the reply to the initial action (Step 1) from the immediate supervisor.
    2. The employee shall sign the Complaint form and submit one copy of the written complaint to the immediate supervisor, one copy to HR, Employee & Labor Relations, and retain a copy for employee’s his or her records. Upon receiving the complaint from the employee, the immediate supervisor will provide a written response on Complaint Form - Part B and forward it to the next level supervisor. The second level supervisor will respond to the complaint using Complaint Form – Part C. The second level supervisor may forward the complaint to the next higher level supervisor for review.
    3. NOTE: If requested, a member of HR, Employee & Labor Relations, will assist both the employee and the supervisor in completing the written complaint form. The employee should be specific in the written complaint and clearly show what action is requested to resolve the complaint.
    4. The second level supervisor should arrange a meeting with the complainant to ensure a full and complete discussion of the issue with all levels of management deemed appropriate. The second level supervisor is encouraged to consult with others as necessary to fully investigate the complaint where it is considered appropriate.
    5. Efforts to resolve the complaint should be made up to and including review at the dean, director, or department head level, if necessary. The written response from these levels of supervision shall be returned to the employee within ten calendar days of receipt of the written complaint. At the request of either the complainant, or the dean, director, chairperson, or vice president, a member of the HR, Employee & Labor Relations, staff will be present at the meeting to provide assistance as needed.
  6. Request For Review by Complaint Review Officer (Step 3)
    1. If the written response provided by the immediate and second level supervisor are unsatisfactory to the employee, the employee may request a further review by a Complaint Review Officer within five calendar days of receiving the written response. The employee must submit the request for review by a Complaint Review Officer (Complaint Form - Part D), along with the complete file of the complaint, to the Director of HR, Employee & Labor Relations, or employee’s designee, with a copy to the employee's immediate supervisor. The employee should submit any pertinent information to be included in the complaint file for consideration by the Complaint Review Officer. The Complaint Procedure provides for the use of witnesses, and as such the written information provided should include the name, job title, and telephone number of individuals who have first-hand knowledge or information concerning the complaint. The employee should also indicate, in detail, the information that can be provided by the listed individuals.
    2. If the employee desires to have a representative respond to the questions of the Complaint Review Officer, the name, title, and telephone number of the representative should also be included in the documentation submitted to the Director of HR, Employee & Labor Relations, or employee’s designee.
    3. At the same time the employee requests a review by a Complaint Review Officer, the employee's supervisor should immediately submit Complaint Form - Part E to the Director of HR, Employee & Labor Relations, or his/her designee. The department must include the name, title, and telephone number of the departmental representative who will provide additional information if requested by the Complaint Review Officer.
    4. All written material submitted for the Complaint Review Officer’s review must be complete, concise, and specific including, clearly identifying the problem and specifically stating the action or remedy that the employee desires. Should the Director of HR, Employee & Labor Relations, or employee’s designee feel that the written complaint is not sufficiently specific or that the requested information has not been provided, a request may be made for additional information from all parties. The Director of HR, Employee & Labor Relations, or his/her designee shall be responsible for ensuring that the employee's complaint is either resolved at Step 1 or 2, or a Complaint Review Officer is appointed within ten calendar days from the date the appointment of a Complaint Review Officer was requested.
  7. Selection of Complaint Review Officer
    1. Upon receipt of the request for review by a Complaint Review Officer, the Director of HR, Employee & Labor Relations, or employee’s designee, shall appoint an individual from the University community, outside of the division of the employee filing the complaint, to act as the Complaint Review Officer.
  8. Responsibilities of Complaint Review Officer
    1. The Complaint Review Officer may choose between conducting a complaint meeting; performing an investigation; or reviewing the written record, to establish facts, conclusions, and recommendations. The Complaint Review Officer:
      1. Assures the review is thorough and objective.
      2. Assures the review is fair and completely impartial.
      3. Makes arrangements for a suitable place to conduct the investigative interviews, or conduct the complaint meeting, if applicable, and provides notice to all parties.
      4. Assures that the investigative interviews or the complaint meeting is conducted in an orderly manner. e. Assures that the investigative interviews or the complaint meeting is documented.
      5. Prepares a written summary of the findings of fact, conclusions of law, if applicable, and makes recommendations to the appropriate University vice president for final University action.
  9. Final Decision by University Vice President
    1. The Division vice president shall furnish the complainant a written decision on the complaint within ninety 90 days from the date the complaint is filed at Step 2. The decision of the Division vice president shall be final in all complaints.
  10. Failure to Comply with Complaint Procedure
    1. An employee who believes that their supervisor(s) failed to comply with the Complaint Procedure should contact HR, Employee & Labor Relations. HR, Employee & Labor Relations, will review the matter and take appropriate action to ensure that management fulfills its responsibility to comply with the Complaint Procedure.
LEGAL SUPPORT, JUSTIFICATION, AND REVIEW OF THIS POLICY

The Board of Trustees has delegated its authority over personnel programs to the President which is further delegated to the Vice President. Constitutional authority, state statutes, Florida Board of Governors regulations, and University regulations authorize the policy:
- Florida Constitution Article IX, Section 7;
- Sections 110.117, 1001.706(6)(a), Florida Statutes;
- Florida Board of Governors Regulation 1.001 (5)(a);
- Florida State University Board of Trustees Regulations FSU-4.001.
This policy shall be reviewed by the Chief Human Resources Officer every seven years for its effectiveness. The Office of Human Resources shall make recommendations to the Vice President for Finance and Administration for any modification or elimination.

OP-C-7-G3 Furloughs

Responsible Executive: Finance and Administration

Approving Official: Vice President for Finance and Administration

Effective Date: August 7, 2020

Last Revision Date: New

INTRODUCTION
1. A furlough is the placement of an employee in a temporary, unpaid leave from work status for a specified number of hours, days, or weeks within a stated time frame, which may be extended based on the business needs of the University. A furlough is not a layoff or reduction in workforce and may be used to avoid or delay such action; as such, in the event of a furlough, no layoff rights will apply. A mandatory furlough program may be instituted at any time in order to preserve the financial well-being of the University. A furlough can be instituted if the University experiences a significant budget reduction due to a catastrophic event, reduction in state funding or other loss of revenue that causes a significant operating budget deficit, or in the event that work for an employee or employees is temporarily unavailable.
POLICY
1. Scope
  1. Any A&P or USPS employee may be subject to a furlough, except employees on certain specialty occupation Visas (e.g., H-1B and E3). A furlough plan may be implemented at the college or department level in accordance with the procedures in this policy. The furlough may be a full furlough with no work hours for a specific period of time or may be a partial furlough with predetermined work hours for a specific period of time.
2. Procedures
  1. Vice Presidents should develop a furlough justification plan outlining the reasons for the furlough (i.e., work is unavailable; budget deficit, etc.), employees affected, and any other pertinent information. The furlough plan must be submitted in writing to the Associate Vice President of Human Resources for review and final approval for compliance with applicable federal, state, and local laws. Furloughs cannot be implemented prior to written approval by the Associate Vice President of Human Resources or their designee.
3. Scheduling
  1. Scheduling of furloughs shall be the responsibility of the Vice President for each division. Furloughs may be implemented on a differential, intermittent, or alternating schedule based on pay/salary level, employee classification, or nature of appointment. For example, furloughs may take into account the essential operations and safety needs of the University, the availability of designated federal funding, or income generated by the division, department, unit, or program. Additionally, all available funding sources should be considered before furloughing employees, including contracts & grants. A Vice President may extend, modify, or cancel a furlough plan after consultation with Human Resources in accordance with this policy.
    
    Employees will not perform any work during the furlough period. To ensure compliance with pay requirements under the Fair Labor Standards Act, exempt employees’ furloughs must be in seven-day increments aligned with the FSU workweek. Supervisors cannot authorize overtime in a separate non-furlough workweek to permit nonexempt employees to recoup wages lost by a furlough day.
    
    Employees funded by contracts and grants, who have work that can be performed that benefits the award, and is allowable per the sponsor/award, can be paid on a sponsored project. In this case, the employee is not considered furloughed or only partially furloughed. Employees cannot be paid on a sponsored project if there is no work to be performed during the furlough period (unless FSU has approved a university-wide program providing payment of idle time and it is allowable by sponsor).
4. Benefit Status While on Furlough
  1. Employees may not use accrued paid leave (i.e., sick, annual, compensatory leave, or personal holiday) during a furlough.
  2. State of Florida healthcare and basic life insurance premiums will not be affected by a furlough.
  3. Employees are responsible for arranging employee contributions of benefit premiums when the earnings of the paycheck can no longer support the deduction payments.
  4. A furlough will cause no change in the payment responsibility for insurance as it relates to the percentage paid by the employee and the employer.
  5. Because retirement contributions are based on actual earnings, contributions by both employees and the University will be decreased by a furlough.
  6. Employees’ continuous service and employment status will not be affected by any period of furlough.
  7. Employees’ annual and sick leave accruals will not be impacted by furlough days.
5. Notice
  1. Employees who are placed on furlough will receive as much notice as possible, with written notice required no less than fourteen (14) calendar days prior to the start date of the furlough status. The conditions of the furlough, including full or partial furlough periods, may be subject to change upon written notice.
LEGAL SUPPORT, JUSTIFICATION, AND REVIEW OF THIS POLICY

Board of Governors Regulation 1.001
Florida Statute Chapter 1012, Parts I, II and III, Subpart C
Board of Trustees Regulation FSU-4.001 Delegations to the President by the FSU Board of Trustees and by the President to the Vice Presidents

OP-C-7-G4 LAYOFF, USPS

SPECIFIC AUTHORITY

Section 1001.74(19), Florida Statutes
Office of Human Resources, Employee & Labor Relations

OBJECTIVE

To specify the methods and responsibilities for implementing a layoff of University Support Personnel System (USPS) employees.
The University will only lay off employees if there is a business need to do so. Examples of business need include, but are not limited to, adverse financial circumstances; reallocation of resources; reorganization of programs or functions; curtailment or abolishment of programs or functions; shortage of work; or a material change of duties. In the event of a layoff of employees, a determination of which employees to retain and which employees to separate would be based on business needs and the qualifications of the employees in the department in which the layoff occurs.
NOTE: Layoffs for AEX and A&P employees will be handled in accordance with the provisions of the AEX and A&P employment contract. Layoffs for collective bargaining unit employees will be handled in accordance with the provisions of the relevant collective bargaining agreements.

PROCEDURES - LAYOFF

Notice of pending layoff.
1. When a decision is reached to reduce the work force, the manager responsible for the budget that is to be affected by the abolition of a position will notify the Employee & Labor Relations section of the Office of Human Resources by letter. The letter will state that a layoff action is to be initiated and must include the following information:
  1. Reason position is being abolished;
  2. Name of the person filling the position to be abolished;
  3. Class of position;
  4. Legislative number of the position;
  5. Number of the budget in which the position is funded;
  6. Date the position is to be abolished.
2. Employee & Labor Relations is to be notified of a pending layoff at least forty-five (45) days in advance of the date that the position is to be abolished. The forty-five (45) day notice provides time to comply with notification to the union and also to assist the employee on layoff notice in finding alternative employment.
3. If the employee does not find alternative employment, the employee shall be given an official notice of layoff at least fourteen (14) days prior to the layoff date, or two (2) weeks' pay at the employee's current regular hourly rate, or a combination of notice and pay.
Appeal rights
- Employee & Labor Relations will inform all employees who are laid off of their right to review by an arbitrator. The issue at arbitration would be whether there was a legitimate business need to lay off the employee including the qualifications of the employee in comparison to other employees. Under no circumstances is a layoff to be considered a disciplinary action and must not be used in place of disciplinary action.
Recall of laid off employees
- When a vacancy occurs or a new position is established within the layoff department, a laid off employee who is not otherwise employed in an equivalent position shall be recalled within one-year of his/her layoff provided the employee meets the special qualifications and/or relevant experience required for the vacant or new position. The order of recall, if applicable, will be determined by management based on the business needs to the organization. Employees who are re-employed after a layoff in a position in the class from which they were laid off and in which they had attained regular status shall be re-employed with regular status.
Status of laid off employee
- Employees who are separated due to layoff action and who have regular status are not considered to have had a break in service if rehired to a USPS position within one (1) year from the date of separation.

OP-C-7-G5 GUIDELINES FOR DISCIPLINE FOR USPS AND A&P EMPLOYEES

Responsible Executive: Vice President for Finance and Administration

Approving Official: Vice President for Finance and Administration

Effective Date: As soon as 21-day notice is done

Revision History: 6/26/2015, readopted 1/1/2014, 6/25/2010, 11/29/2007, 4/16/2003, 6/15/1999, 9/24/1998, New – 6/16/1987.

INTRODUCTION
1. Information regarding the guidelines for disciplinary action are found in Regulation FSU-4.070. In all instances, the supervisor must contact the Office of Human Resources, Employee & Labor Relations section, before initiating disciplinary action.
POLICY
1. View Regulation FSU-4.070 Guidelines for Disciplinary Action.
LEGAL SUPPORT, JUSTIFICATION, AND REVIEW OF THIS POLICY

The President holds delegated authority from the Board of Trustees to establish personnel policies. Constitutional authority, state statutes, Florida Board of Governors regulations, and University regulations authorize the policy:
- Florida Constitution Article IX, Section 7;
- Florida Statutes Section 1001.706(6)(a);
- Florida Board of Governors Regulation 1.001(2)(f) and (5)(a); and
- Florida State Board of Trustees Regulation 4.001.
This policy shall be reviewed by the Chief Human Resources Officer every seven years for its effectiveness. The Office of Human Resources shall make recommendations to the Vice President for Finance and Administration for any modification or elimination.

OP-C-7-G6 PREDETERMINATION FOR USPS and A&P EMPLOYEES

Predetermination procedures for University Support Personnel System (USPS) employees with regular status or non-unit Administrative and Professional (A&P)employees.

SPECIFIC AUTHORITY

Florida State University Board of Trustees Regulation FSU-4.070

OBJECTIVE

The predetermination procedure affords due process for employees who are charged with appealable actions (i.e.: suspensions and dismissals).

PROCEDURES

Written Notice
- Prior to the dismissal or suspension without pay of a regular USPS employee or A&P employee, the University shall give the employee written notice as follows:
  1. The employee shall be given written notice of the proposed action at least ten (10) calendar days prior to the date the action is to be taken.
  2. If the employee is available, the notice shall be hand-delivered to the employee and duly receipted by the employee. Otherwise, the notice shall be mailed to the employee by certified mail, return receipt requested. The mailed notice shall be considered received by the employee even if refused or ignored.
Contents of Notice
- The notice shall be signed by the person authorized to make the final decision or his/her designated representative and shall include the following:
  1. The effective date of the University's proposed final action;
  2. The specific charges or reasons for the action;
  3. A list of documents on which the charges or other reasons are based and a statement that documents shall be available to the employee upon request;
  4. A statement that the employee may, within five (5) workdays of receipt of the notice, submit a request in writing for a predetermination conference at which the employee may make an oral or written statement, or both, to the University to refute or explain the charges or reasons for the action; and the name, address, and telephone number of the person to whom the request for a conference shall be directed;
  5. A statement that the requested conference must be held prior to the proposed effective date of the action, at a time and place determined by the University, normally during regular business hours, and that the employee may bring a representative to advise and assist;
  6. A statement that the employing University desires to reduce the risk of error in taking the action against the employee and to avoid damaging the employee's reputation by untrue or erroneous charges, and therefore, the employing University is interested in receiving and considering the employee response; and
  7. A copy or summary of the predetermination procedures shall be enclosed with the notice.
Conference
- If the conference is requested by the employee, it must be conducted by the person(s) authorized to make the final decision or his/her designated representative(s) as follows:
  1. The person(s) conducting the conference shall convene the conference at the time and place set by the University and shall identify all participants. He/she shall explain that the purpose of the conference is to hear the employee's response to the charges in order to protect the employee from erroneous or arbitrary adverse action, to afford the University an opportunity to reevaluate its position after reviewing the information presented by the employee, and to thereafter affirm or alter the disciplinary action as may be warranted.
  2. The conference shall be informal and shall not be in the nature of an evidentiary hearing. The employee may bring a representative to assist or advise him/her, but discovery, cross-examination and similar legal procedures are not permissible.
  3. The employee shall be permitted to submit relevant information, orally or in writing, or both, with the privilege being reserved by the University to give such information the weight it deems proper. The employee shall be informed that if he/she chooses to make no response, the University will proceed on the basis of the best information it can obtain without such response.
  4. After the conference is conducted, the employee shall be notified, as soon as practicable, that the proposed final action will be effective on a specific date, that the proposed final action has been revised, or that no action will occur.
Decision
- If the University determines after the conference that it will proceed with the suspension or dismissal of the employee, the employee shall be notified in writing by personal delivery or by certified mail, return receipt requested, within five (5) workdays from the date the action is effective, of the employee's right to appeal to an arbitrator under the provisions of Florida State University Board of Trustees Regulation FSU-4.070. If the employee occupies a position included in a certified bargaining unit, the employee shall be further notified that he/she may, in the alternative, use the unit's grievance procedures as provided in the applicable collective bargaining agreement. Furthermore, the University must assure that the provisions of Part VI of Chapter 112, Florida Statutes, Law Enforcement Officers' Bill of Rights, are followed.
University Options
- During the period between the first notice and the effective date of the action, one of the following options may be used by the University: retain the employee in his/her usual duties; temporarily assign the employee to other duties; or place the employee on administrative leave with pay.
Extraordinary Situations
1. An extraordinary situations, when the retention of a regular USPS or A&P employee is likely to result in damage to property or injury to any individual or would be detrimental to the best interest of the University, such employee may be suspended without pay or dismissed immediately, upon written or oral notice of the charges against the employee.
2. If oral notice is given, written notice of such action, and the reasons therefore, must be furnished to the employee along with the employee's appeal rights within five (5) work days from the date the action is effective.
3. In lieu of the action to suspend without pay or dismiss the employee, the University may place the employee on administrative leave as set forth in University Rule 0P-7-E1.3, Administrative Leave.
4. Written notice in an extraordinary situation shall be sent by certified mail return receipt requested, or handed to the employee in the presence of a witness and signed for by the employee.
5. e. Notice of a suspension without pay or dismissal shall include a statement that the employee has a right to appeal to an arbitrator within fourteen (14) calendar days after the date on which notice is received by the employee.
6. f. If the employee occupies a position included in a certified bargaining unit, the employee shall be further notified that he/she may, in the alternative, use the unit's grievance procedures as provided in the applicable collective bargaining agreement.
7. g. Further, with sworn law enforcement personnel, the University must assure that the provisions of Part VI of Chapter 112, Florida Statutes, Law Enforcement Officer's Bill of Rights, are followed.
8. h. In the event the employee refuses to sign or accept notice, such refusal shall be noted in the employee's personnel file and signed by the person presenting the notice and the person witnessing the refusal.
9. i. These procedures shall be followed only when an extraordinary situation is declared by a person authorized to take an appealable action.

OP-C-7-G7 STANDARDS FOR EMPLOYEE ETHICS

It is the policy of the University that employees shall adhere to the standards of the State and University System in their ethical obligations and political activities.

SPECIFIC AUTHORITY

Chancellor's Memorandum CM-H-03.00-08/96
Florida Statutes Chapter 112 and 104.31

OBJECTIVES

To set standards for University employees for their ethical obligations and political activities.

PROCEDURES

Ethical obligations and Conflicts of Interest
- All employees should be aware of their obligations and responsibilities as public employees of the University. No employee shall have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or incur any obligation of any nature that is in substantial conflict with the full and competent performance of the employee's duties.
- All employees are governed by the provisions of Chapter 112, Florida Statutes, setting standards of conduct for public officers and employees and mandating the disclosure of certain financial interests.
Political Activities
- Employees who intend to seek election to and hold public office shall notify the Chief Administrative Officer of their intentions and shall adhere to the provisions of Section 104.31, Florida Statutes. The Chief Administrative Officer shall determine whether the employee's candidacy for and holding of public office will interfere with the full discharge of the employee's duties and, if appropriate, require the employee to take a leave of absence or submit a resignation.
Failure to Comply
- An employee's failure to comply with these ethical requirements may subject them to disciplinary action under the University's Guidelines for Disciplinary Action, reference Florida State University Board of Trustees Regulation FSU-4.070.

OP-C-7-G8 LICENSE REQUIREMENTS FOR OPERATING UNIVERSITY-OWNED VEHICLES

Responsible Executive: Vice President for Finance and Administration

Approving Official: Vice President for Finance and Administration

Effective Date: August 18, 2017

Revision History: Readopted 1/1/2014

INTRODUCTION
1. The purpose of this policy is to outline the guidelines and responsibilities for ensuring that operators of University-owned vehicles have a valid driver's license.
POLICY
1. For employees required to drive University-owned vehicles as a requirement of their job responsibilities, the following shall apply:
  1. Each employee will be required at the time of hire to present their driver's license. Departments are responsible for ensuring that each employee possesses a valid driver’s license at the time of hire by verifying through the Florida Department of Motor Vehicle (DMV) website, https://services.flhsmv.gov/DLCheck/ (or through the DMV of the state of issuance), and must maintain documentation of license validity at the department level.
  2. Each department shall annually verify the validity of the driver's licenses of employees, via the Florida Department of Motor Vehicle (DMV) website, https://services.flhsmv.gov/DLCheck/ (or through the DMV of the state of issuance), and maintain documentation of license validity at the department level.
  3. If at any time the employee does not possess a valid license, the employee may be terminated, in accordance with University policy, for inability to perform their job duties. The Office of Human Resources, Employee and Labor Relations section, must be contacted before any such action.
  4. If the employee is notified by the State of Florida (or other state of issuance) that their driver's license is not valid (including if the license is suspended) the employee must cease performing driving functions immediately and inform their supervisor. Failure to notify the supervisor or to cease driving in such circumstances is a violation of this policy and may result in disciplinary action.
2. Employees who are not required to drive a University-owned vehicle as part of their job responsibilities, but who use a University vehicle on occasion for business purposes or work-related travel must have the validity of their driver’s licenses checked before they are permitted to operate a University vehicle. The department does this by verifying the employee’s driver’s license through the Florida Department of Motor Vehicle (DMV) website, https://services.flhsmv.gov/DLCheck/ (or through the DMV of the state of issuance), and must maintain documentation of license validity at the department level.
3. University vehicles are to be operated in accordance with applicable laws and regulations. Employees are personally responsible for any traffic violations and fines, and may be liable for any property damages or injuries resulting from the violation of laws and/or regulations related to the operation of a University vehicle. Employees also could be subject to disciplinary action for violation of laws and/or regulations related to the operation of a University vehicle (Reference 4-OP-C-9 Use of State Vehicles). Any accident, property damage, or injury involving University vehicles must be immediately reported to the University's Insurance Claims Manager in the Department of Environmental Health and Safety at (850) 644-6895.
LEGAL SUPPORT, JUSTIFICATION AND REVIEW OF THIS POLICY

The Board of Trustees has delegated its authority over personnel programs to the President which is further delegated to the Vice President. Constitutional authority, state statutes, Florida Board of Governors regulations, and University regulations authorize the policy:
- Florida Constitution Article IX, Section 7;
- Section 1001.706(6)(a), F.S.;
- Florida Board of Governors Regulation 1.001(3)(k), (5)(a), (7)(g);
- Florida State University Board of Trustees Regulation FSU-4.001.
This policy shall be reviewed by the Chief Human Resources Officer every seven years for its effectiveness. The Office of Human Resources shall make recommendations to the Vice President for Finance and Administration for any modification or elimination.

OP-C-7-G9 Contract Cancellation Without Cause of AEX and A&P Staff

The information regarding a contract cancellation of AEX and A&P staff is found in OP-C-7-D Hiring and Compensation.

OP-C-7-G10 HIV/AIDS AND COMMUNICABLE DISEASES

OVERVIEW

Students, employees and applicants for admission or employment at The Florida State University who have or may become infected with the HIV virus will not be excluded from enrollment or employment or restricted in their normal responsibilities and access to University services or facilities due to their HIV/AIDS status, unless individual medically-based judgments establish that exclusion or restriction is necessary to the welfare of the individual or of the other members of the University community. That is, the University will not discriminate against otherwise qualified HIV-infected applicants, students or employees.
The Florida State University Committee on HIV/AIDS is responsible for monitoring developments with regard to HIV/AIDS, acting upon and administering the University's policies on HIV/AIDS and coordinating the University's efforts in educating the University community on the nature and prevention of the disease. In addition, The Florida State University Committee on HIV/AIDS meets as needed to consider special problems related to HIV/AIDS that require University action.
The University will be guided in its implementation of this policy by current authoritative medical information, applicable federal and state laws, the SUS HIV/AIDS Policy and the guidelines suggested by the Centers for Disease Control, the Public Health Service, the American College Health Association and the Florida Department of Health and Rehabilitative Services.
The Florida State University has designated HIV/AIDS counselors who are available at the Thagard Student Health Center or the Student Counseling Center.

SPECIFIC AUTHORITY

University HIV/AIDS Policy as published in the FSU Student Handbook and FSU and YOU
OSHA Standard, Bloodborne Pathogens (Title 29 Code of Federal Regulations, Part 1910.1030).

OBJECTIVE

To establish a procedure for addressing HIV/AIDS, communicable diseases, viruses or bloodborne pathogens that may be introduced into the work environment in a manner that ensures the safety and equitable treatment of all employees.

PROCEDURES

Upon a work area being exposed to any communicable disease, virus or bloodborne pathogen, Environmental Health and Safety, Biological Safety, as well as the Employee & Labor Relations section in the Office of Human Resources must be contacted immediately.
1. Environmental Health and Safety will coordinate the appropriate sources to ensure the safety of your work environment.
2. Employee & Labor Relations will assist with any administrative issues related to the workplace.

OP-C-7-G11 ALTERNATIVE DISCIPLINE PROGRAM

OVERVIEW

The Alternative Discipline Program is applicable to the disciplining of University Support Personnel System (USPS) and Administrative and Professional (A&P) employees. It is an alternative approach to the traditional progressive discipline concept.

SPECIFIC AUTHORITY

Florida State University University Board of Trustees Regulation FSU-4.070.

OBJECTIVE

The objective of the Alternative Discipline Program is to provide an alternative to the traditional progressive disciplinary process whereby an employee is suspended without pay for a violation of the University Disciplinary Standards. Under the Alternative Discipline Program, an employee may be suspended with pay for one day in lieu of a suspension without pay. The one-day suspension with pay should be accomplished by relieving the employee of his/her duties for a day set forth in the procedure below.
1. PROCEDURES
  1. The employee receives written notice from management for a proposed suspension without pay for violation of the University Disciplinary Standards.
  2. The employee requests a predetermination conference with management to refute or explain the charges against him or her.
  3. The conference is conducted by the management representative authorized to make the final decision or his/her designated representative.
  4. The authorized management representative makes the decision to suspend the employee.
    1. Management may consider the Alternative Discipline Program to suspend the employee with pay for one day, as an alternative to a suspension without pay.
    2. The employee will be given the opportunity to enter into a "Last Chance Agreement" with the parties agreeing to the following conditions:
      1. To accept the one day suspension with pay for the employee to evaluate whether he/she desires to continue working for the University and, if so, to correct the behavior or conduct;
      2. To waive his/her right to grieve or appeal the suspension with pay;
      3. That any further occurrences of a similar nature could result in his/her dismissal; and
      4. If applicable, to any other conditions that may be pertinent to the specific disciplinary action.
    3. If the employee does not agree to the above conditions, a final action letter will follow with a traditional suspension without pay.
    4. If the employee agrees to all the conditions outlined above, a final action letter will outline the "Last Chance Agreement" and designate the one-day suspension with pay.
    5. Management will determine a day on which to relieve the employee of duty and the employee's Pay and Leave Report will be documented in the Comments Section that the employee was on an "Alternative Discipline Day" pursuant to this policy.
2. SAVINGS
  1. The University will save substantial resources when alternative discipline is elected. The University will avoid having to pay any arbitration costs under the USPS and A&P arbitration appeal process or other applicable grievance procedure. Both the employee's and management's time may be expended productively in an attempt to work together to resolve any problems and avoid any further disciplinary action.

OP-C-7-G13 DRUG AND ALCOHOL TESTING PROGRAM

OVERVIEW

This is a federally mandated program designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of a commercial motor vehicle.

SPECIFIC AUTHORITY

FSU & You Employee Handbook, Commercial Driver's License Drug and Alcohol Testing Program. FSU/First Lab Guide Book, Supervisor Training On Drug and Alcohol Testing U.S. Department of Transportation, Federal Highway Administration (49CFR, Parts 40 and 382)

OBJECTIVE

This procedure establishes an environment free of the abuse and/or illegal use of alcohol and other drugs for both applicants considered as finalists for positions requiring a commercial driver's license (CDL) and employees who operate a commercial motor vehicle (CMV) as mandated by federal regulations.
Applicants who are certified as finalists must satisfy drug testing and background check requirements prior to the extension of an employment offer for all positions which require a CDL.
Training is provided annually to all employees requiring a (CDL). Supervisors of CDL employees are required to have one hour of training on use and abuse of drugs and alcohol. Training is provided as needed throughout the year.
Any employee in the random testing program with a positive test result, or who refuses to submit to testing, will be prohibited from performing safety-sensitive functions and subject to discipline in accordance with the University's Guidelines for Disciplinary Action.

PROCEDURES

Human Resources Responsibility:
1. Notify supervisor to send employee to the collection site. Employees are tested under the conditions of:
  1. Pre-employment
  2. Post-accident
  3. Random
  4. Reasonable Suspicion
  5. Return to Duty
  6. Follow-up testing
2. Maintain and update list of CDL employees.
3. Maintain the billing process and advise the appropriate department(s) of current charges.
4. Retrieve test results from contracted lab and proceed as necessary.
5. For all positive results, notify Human Resources Employee & Labor Relations Section and the Employee Assistance Program (EAP).
6. If testing is related to pre-employment process, departmental contact is advised of applicants' eligibility for hire.
Employee's Responsibility:
1. Once an employee has been advised they have been selected for testing, they are to proceed immediately to the collection site.
2. For positive results, the employee is responsible for payment of return-to-duty and follow-up tests. These payments will be deducted from the employee's paycheck.
3. For negative results, no action is required of the employee.
Department's Responsibility:
1. Advise the drug and alcohol-testing coordinators of personnel changes that would have an effect on employees required to be tested. (i.e.: new hires, promotions, demotions, re-assignments)
2. If an employee tests positive, immediately remove the employee from all safety sensitive duties and responsibilities. Make sure the employee understands they have seventy-two (72) hours from the time the Medical Review Officer calls to request a retest on the other half of their urine specimen. All costs for the retest are the responsibility of the employee. If the employee does not want to retest the specimen, contact Human Resources Employee Relations Manager to begin disciplinary action.
3. Encumber monies at beginning of the fiscal year to cover testing costs and promptly process billing for payment as soon as notification is received from Human Resources. Notify Human Resources if billing is incorrect or has previously been paid.
For Department of Defense Contracted Employees
1. The purpose of this policy is to establish the special requirements for University employees working in sensitive positions on grants and/or contracts (a) funded by the U.S. Department of Defense (DOD) and its branch agencies and (b) that contain the provisions of the DOD Drug-Free Work Force Rule of 1988. The DOD Drug Free Work Force requirements found at DFAR 252.223-7004, are federally mandated by FAR Section 223.570-4, and are designed to help prevent accidents and injuries resulting from the misuse of controlled substances by employees on grants or contracts where the Drug Free Work Force requirements are imposed. The provisions of this policy do not relieve an employee from any requirements pursuant to other University policies on drug and alcohol usage.
  1. Definitions
    1. "Employee in a sensitive position" as used in this policy means an employee who is working on a DOD contract/grant that includes the Drug Free Workforce requirement and who has either been granted access to classified information or is employed in other positions on the DOD contract/grant that the University or the federal sponsor has determined involve issues of national security, health or safety, or functions requiring a high degree of trust and confidence. These requirements are only applicable to DOD projects containing the Drug Free Workforce requirement. Not all DOD projects contain such a requirement.
    2. "Illegal Drugs" as used in this policy means controlled substances included in Schedules I and II, as defined by Section 802(6) of Title 21 of the United States Code, the possession of which is unlawful under Chapter 13 of that Title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.
  2. Policy
    1. Florida State University will maintain a program designed to comply with the Drug Free Work Force requirements imposed by the Department of Defense. This program includes:
      1. An employee assistance program that provides for evaluation, referral, counseling and rehabilitation for employees who use illegal drugs.
      2. Supervisory training to assist in identifying and addressing illegal drug use by employees.
      3. Provisions for treatment involving self-referrals as well as supervisory referrals to treatment with the maximum respect for individual confidentiality consistent with safety and security issues.
      4. Provisions for initial screening and random testing of employees in sensitive positions. This drug testing will be required as a condition of employment under the DOD grant/contract, and stated in the official position descriptions and job vacancy announcements. The drug testing requirement shall include:
        
        Drug testing on a controlled and carefully monitored basis at an approved drug testing facility.
        
        A consent agreement signed by each employee as a condition of working under the DOD grant/contract. The consent form will allow for disclosure of test results to the EAP Coordinator and the employee's immediate supervisor and/or department head.
        
        Testing to be carried out by qualified personnel at a reputable laboratory.
        
        The drug testing facility shall maintain all official documentation of the chain of custody for each specimen.
        
        The drug testing laboratory shall be licensed and approved by under state law requirements.
      5. Any unexcused absences from the testing procedure or refusal to submit to testing may be cause for removal from the DOD-funded project,
  3. The University will take appropriate action as a result of a positive drug test or other situations when it determines the employee is using illegal drugs on or off-duty. This may include dismissal from the DOD-funded project, discipline in accordance with established disciplinary procedures and/or referral to the University's Employee Assistance Program. An employee who is referred to the Employee Assistance Program will not be allowed to continue working in a security sensitive position on a DOD-funded project containing the Drug Free Work Force requirements. When the University determines that the employee is capable of performing the duties of the security sensitive position on the DOD-funded project, the employee may be returned to the same position or another security sensitive position on the DOD-funded project, unless the project has terminated.
  4. Other Federal Contracts: Employees must comply with the drug/substance abuse policies in contracts from projects funded by federal agencies. This may include drug-testing for:
    1. Pre-employment
    2. Post-accident
    3. Random
    4. Reasonable Suspicion
    5. Return to Duty
    6. Follow-up testing
  5. The University will take appropriate action as a result of a positive drug test or other situations when it determines the employee is using illegal drugs on or off-duty. This may include dismissal from the federally funded project, discipline in accordance with established disciplinary procedures and/or referral to the University's Employee Assistance Program. An employee who is referred to the Employee Assistance Program will not be allowed to continue working with the federally funded project. After that person successfully completes whatever counseling/treatment program is mandated, he/she may be returned to the project, if it is still on-going.