Board Policies
A. General Topics
Table of Contents
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1. Equal Educational and Employment Opportunity. Washburn University is committed to a policy of equal educational and employment opportunity without regard to race, color, religion, age, national origin, ancestry, disability, sex, marital or parental status, genetic information, sexual orientation or gender identity. Each unit within the University is charged with conducting its practices in conformity with these principles.
1.1 Equal Educational Opportunity. Equal educational opportunity includes, but is not limited to, admissions, recruitment, extracurricular programs and activities, counseling and testing, financial aid, health services, and employment.
1.2 Equal Employment Opportunity. Equal employment opportunity includes, but is not limited to, recruitment, hiring, assignment of duties, tenure and promotion determinations, compensation, benefits, training, and termination. Positive action shall be taken to assure the full realization of equal opportunity for all Employees of the University.
1.3 Responsibility. Responsibility for monitoring and implementation of this policy is delegated to the Equal Opportunity Director; however, all Employees will share in the specific activities necessary to achieve these goals.
1.3.1 The Equal Opportunity Director is Ms. Carol Vogel, Morgan Hall, Room 380A. Phone: 785-670-1509. Email: carol.vogel@washburn.edu
1.4 Complaints. Complaints of discrimination are to be made to the Equal Opportunity Director, Ms. Carol Vogel, Morgan Hall Room 380A. Phone: 785-670-1509. Email: carol.vogel@washburn.edu
2. Sexual Harassment and Harassment Policy.
2.1 Responsibility. All individuals must be allowed to pursue their activities at the University free from sexual harassment, unwelcome sexual advances, and sexual violence. Such conduct will not be tolerated. All individuals must be allowed to pursue activities at the University free from harassment based on color, race, religion, age, national origin, ancestry, disability, sex, marital or parental status, genetic information, sexual orientation or gender identity. Responsibility for maintaining a harassment free campus environment rests with all Employees and students, and others while on the University campus or involved in University-sponsored activities.
2.2 Sexual Harassment Defined. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment; or,
- Such conduct emphasizes the sexuality of an individual in a manner which prevents or impairs that individual’s full enjoyment of work and/or educational benefits, environment, or opportunities.
2.3 Unwelcome Sexual Advances Defined. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
- The conduct has the purpose or effect of interfering with the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive working or educational environment, or,
- It is imposed by an employee or agent of the University and denies, limits, conditions, or provides different aid, benefits, services, or treatment.
2.4 Sexual Violence Defined. Sexual violence refers to physical sexual acts perpetrated against an individual's will or where the individual is incapable of giving consent due to the victim's use of drugs or alcohol or an intellectual or other disability. Examples include but are not limited to, rape, sexual assault, sexual battery and sexual coercion.
2.5 Harassment Defined. Harassment is defined to have occurred when, on the basis of color, race, religion, age, national origin, ancestry, disability, sex, marital or parental status, genetic information, or sexual orientation/gender identity, a hostile or intimidating environment is created in which verbal or physical conduct, because of its severity and/or persistence, is likely to interfere significantly with an individual’s work or education, or affect adversely an individual’s living conditions.
2.6 Complaints. Complaints of sexual harassment or harassment (as defined above)are to be made to the Equal Opportunity Director, Ms. Carol Vogel, Morgan Hall Room 380A. Phone: 785-670-1509. Email: carol.vogel@washburn.edu Complaints must be filed within 180 days of the latest alleged incident.
2.7 Establishment of Regulations. The Administration shall develop regulations and procedures consistent with this policy.
3.1 Policies. This statement sets forth the policies applicable to the unlawful use, possession, manufacture or sale of controlled substances in the workplace.
3.2 Establishment of Regulations. The Administration shall establish regulations and procedures governing the unlawful use, possession, manufacture or sale of controlled substances in the workplace consistent with Board policies and applicable laws and regulations.
3.3 Drug-Free Awareness Program. The Administration shall establish a drug-free awareness program as required by the federal Drug-Free Workplace Act of 1988.
4. Smoke Free Workplace. The Administration shall establish regulations and procedures regarding smoking on property owned or leased by the University consistent with Board policies, and applicable laws and regulations.
4.1 Buildings. Smoking shall be prohibited in all buildings owned or leased by the University. This shall include buildings used for the purpose of housing Students.
4.2 Vehicles. Smoking shall be prohibited in University owned or leased vehicles and other mobile equipment with an enclosed or enclosable driver/passenger compartment.
4.3 Outdoor Areas. In outdoor areas owned or leased by the University, smoking shall be prohibited:
- Within 10 feet of any building entrance/exit or air handling units;
- In athletic and recreational venues;
- In outdoor dining areas; and,
- In other specific outdoor areas determined by the Administration.
4.4 Smoking Designations. The Administration shall place ashtrays and other smoking litter appliances in outdoor areas designated for smoking. In determining areas designated for smoking, consideration shall be given to pedestrian traffic patterns, pedestrian safety, ADA accessibility, and aesthetic issues.
4.5 Informational Material and Signage. The Administration shall make available the University's smoking policy and regulations to Employees, prospective Employees, Students, prospective Students, volunteers, and visitors.
5. Alcoholic Liquor and Cereal Malt Beverage
5.1 Policies. This statement sets forth the policies applicable to the possession, serving, and consumption of alcoholic liquor and cereal malt beverages on University premises.
5.2 Establishment of Regulations. The Administration shall establish regulations and procedures governing the possession, serving, and consumption of alcoholic liquor and cereal malt beverages on University premises consistent with Board policies and applicable laws and regulations.
5.3 Serving Areas. Alcoholic liquor and cereal malt beverages may be served and/or consumed at an event only in or on the following designated areas:
- President's residence and adjacent grounds;
- International House;
- White Concert Hall foyer;
- Carole Chapel;
- Mulvane Art Museum and Mulvane Art Museum foyer;
- Lobby area adjacent to Libation Station and the lobby area adjacent to the administrative offices of the Law School building;
- Memorial Union meeting rooms and adjacent lobbies;
- Bradbury Thompson Alumni Center;
- Gray University Theatre foyer;
- Hospitality areas of the Bianchino Pavilion;
- McPherson Room in Petro Allied Health Center;
- Lee Arena in Petro Allied Health Center;
- Athletic Conference Room; and,
- All outdoor areas of the University's campus; provided, however, the sponsoring organization shall designate and identify, subject to approval by the President, a specified area within which the consumption of alcoholic liquor and cereal malt beverages shall be limited.
5.4 Nonalcoholic Beverages. Nonalcoholic beverages must be provided at all events at which alcoholic liquor and/or cereal malt beverages are served.
6.1 Purpose. This statement sets forth policies applicable to conflict of interest and ethical conduct in the operation of University business.
6.2 Establishment of Regulations. The Administration shall establish regulations and procedures governing conflict of interest and standards of conduct consistent with Board policies and sound and equitable business. These regulations and procedures shall serve to ensure University business is conducted fairly and impartially and confidence in the University is maintained by its many constituents.
6.3 Ethical Conduct. Employees and others acting for and/or on behalf of the University shall conduct themselves in an ethical manner, beyond reproach, exemplifying the principles of professionalism, honesty, trustworthiness, respect, and accountability.
6.4 Conflict of Interest. No Employee or other person acting for or on behalf of the University shall engage in any activity which is in conflict with, or appears to be in apparent conflict with, the interests of the University in dealing with any person or entity having or seeking to have any relationship with the University. A conflict of interest may exist in any situation in which financial or personal considerations of an individual may compromise or appear to compromise such individual’s judgment in the performance of his/her duties for and/or on behalf of the University, creating actual or apparent impropriety, creating negative publicity and/or having the potential of loss or harm to the University including, but not limited to
- Loss of confidence in the University;
- Monetary loss; or
- Erosion of Employee morale.
6.4.1 All persons involved in projects receiving federal funds shall review and comply with applicable federal laws, regulations and/or federal agency conflict of interest policies.
6.5 Supervisor’s Role. Each supervisor shall ensure all persons acting for or on behalf of the University under his or her supervision are familiar with this policy and with the policies and procedural requirements of his/her position.
6.6 Disclosure
6.6.1 Each person acting for or on behalf of the University shall promptly and fully disclose any conflict, or potential conflict, of interest she or he has or may have individually, as a family member, or through other relationship with others and refrain from participating in any matter to which the conflict pertains until the conflict has been resolved in the best interests of the University.
6.6.2 Certain designated Employees of the University shall, on an annual basis, make a disclosure of all business interests, affiliations, or relationships which could reasonably give rise to a conflict of interest, or an apparent conflict of interest with the University.
6.7 Disciplinary Action. Disciplinary action, which may include suspension from or termination of employment, shall be taken when conduct by a person acting for or on behalf of the University is deemed to violate this policy and its regulations.
6.8 Enforcement. Enforcement of this policy is the ultimate responsibility of the President who may delegate authority for enforcement to other University officials.
7. Internal Audits. For the purpose of maintaining proper accounting and management controls and efficient systems and procedures, the Administration shall, as it deems appropriate, conduct internal audits of University operations.
8. Sensitive Information Protection and Identity Theft Prevention.
8.1 Purpose. To set forth policies to protect University and individuals from loss or damage, including identify theft, arising from the disclosure of sensitive information related to Employees and Students and establishing an identity theft prevention program.
8.2 Establishment of Regulations. The Administration shall establish regulations and procedures for the use of sensitive information or personally identifiable information in conducting the business of the University and for implementing an identity theft prevention program consistent with Board policies and applicable laws and regulations.
8.3 Administrative Review. The Administration shall periodically review the programs and procedures established to ensure compliance with these polices and related regulations, and shall periodically update regulations and procedures in response to changes in risks.
8.4 Security of Information. The regulations shall require secure storage of printed sensitive information and secured access to sensitive information in electronic format.
8.5 Identity Theft Prevention. The regulations shall include reasonable procedures designed to:
- Identify relevant patterns, practice, or specific activity which indicates possible existence of identity theft (red flags) for accounts which are designed to permit multiple payments or transactions;
- Detect red flags; and,
- Respond appropriately to any red flags detected to prevent and mitigate identity theft.
9. Reporting Wrongful Conduct and Protection from Retaliation. Washburn University is committed to a policy prohibiting retaliation for good faith disclosures of unlawful acts or violation of University policies, regulations and procedures, including financial irregularities. This policy does not prohibit an employment action or any other action that would have been taken regardless of disclosure of information. The report of wrongful conduct will be investigated and the rights of the Employees protected. Reports that are frivolous, vindictive, and without support or merit may constitute a violation of this policy and may result in disciplinary action.
9.1 Reporting allegations. Employees or Students who have knowledge of specific acts which they reasonably believe violate federal, state or local law or which violate the policies, regulations and procedures of Washburn University may report those acts to University Counsel: Morgan Hall, Room 208C, 785-670-1712, or the appropriate University official as shown below:
Sexual Harassment, Discrimination or other Equal Opportunity issues:
Director, Equal Opportunity: Morgan Hall, Room 308A, 785-670-1509
Environment, Health or Safety:
Director, Risk Management & Safety: Morgan Hall, Room 235, 785-670-1779
Misuse of Funds or Financial Irregularities:
Vice-President for Administration: Bradbury Thompson Alumni Center,
Room 208, 785-670-1634; AND,
Chair, Washburn Board of Regents
Student Misconduct:
Dean of Students: Morgan Hall, Room 104, 785-670-2100
NCAA Violations:
Director of Athletics: Petro Allied Health Center, Room 200, 785-670-1974
9.2 Retaliation prohibited. Employees or Students who engage in retaliatory conduct against one who has reported allegations pursuant to this policy will be subject to disciplinary actions pursuant to established University procedures, up to and including termination of employment or Student status.
9.3 Confidentiality. It is the obligation of administrators and supervisors to whom allegations are reported to maintain confidentiality to the extent possible.
10. Tuberculosis Control and Prevention. The Administration shall establish regulations and procedures governing the control and prevention of tuberculosis among Students consistent with Board policies and applicable laws and regulations.
10.1 Screening. A system of screening shall be established, the purpose of which shall be to identify the possibility of existing tuberculosis infection or past exposure to tuberculosis.
10.1.1 The screening shall be done on entering Students and on Students who have traveled for 90 or more consecutive days in countries with endemic Tuberculosis.
10.2 Restrictions. When evidence indicates a Student may have active tuberculosis, the Administration shall prevent the Student’s physical presence in University classes or facilities until said Student is cleared by the Shawnee County Health Agency. Further, when any Student fails to follow prescribed procedures set forth in the screening process, the Administration shall impose appropriate restrictions on that Student until the Student has complied.
