{"id":1487,"date":"2014-05-16T15:54:08","date_gmt":"2014-05-16T20:54:08","guid":{"rendered":"https:\/\/www.nicholls.edu\/policy-procedure-manual\/?page_id=1487"},"modified":"2020-03-09T19:01:58","modified_gmt":"2020-03-09T19:01:58","slug":"5-3-employee-conduct-laws-and-policies","status":"publish","type":"page","link":"https:\/\/www.nicholls.edu\/policy-procedure-manual\/5-general-university-policies\/5-3-employee-conduct-laws-and-policies\/","title":{"rendered":"5.3. Employee Conduct Laws and Policies"},"content":{"rendered":"

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\n5.3.1 Disruptions of the Educational Process<\/a><\/p>\n

5.3.2 Antidiscrimination Policy<\/a><\/p>\n

5.3.2.1 Disciplinary Measures<\/a><\/p>\n

5.3.3 Policy Prohibiting Workplace & Sexual Harassment, Discrimination & Retaliation<\/a><\/p>\n

5.3.4 Use of Copyrighted Works<\/a><\/p>\n

5.3.4.1 “Fair Use” In Copyright<\/a><\/p>\n

5.3.4.2 Software Copyright Law<\/a><\/p>\n

5.3.4.2.1 Single Copy License<\/a><\/p>\n

5.3.4.2.2 Site License<\/a><\/p>\n

5.3.4.2.3\u00a0 Shareware<\/a><\/p>\n

5.3.4.2.4 Public Domain<\/a><\/p>\n

5.3.5 Information Technology Policy<\/a><\/p>\n

5.3.6 Policy for Serving Alcoholic Beverages on Campus<\/a><\/p>\n

5.3.7 Drug\u2013Free Workplace Policy and Related Laws<\/a><\/p>\n

5.3.7.1 Definitions<\/a><\/p>\n

5.3.7.2 Employee Drug Testing Policy<\/a><\/p>\n

5.3.7.2.1 Applicability<\/a><\/p>\n

5.3.7.2.2 Conditions Requiring Drug Tests<\/a><\/p>\n

5.3.7.2.3 Procedure<\/a><\/p>\n

5.3.7.2.4 Confidentiality<\/a><\/p>\n

5.3.7.2.5 Responsibility<\/a><\/p>\n

5.3.7.2.6 Violation of the Policy<\/a><\/p>\n

5.3.8 Violence\u2013Free Workplace Policy<\/a><\/p>\n

5.3.9 University Ethics and Compliance Policy<\/a><\/p>\n

5.3.9.1 Definitions<\/a><\/p>\n

5.3.9.2 Reporting Policy and Procedure<\/a><\/p>\n

5.3.9.3 Disciplinary Action<\/a><\/p>\n

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5.3.1 Disruptions of the Educational Process<\/h3>\n

It is a basic principle that every employee, of whatever rank, shall at all times be held responsible for competent and effective performance of his or her duties. Act 58 of the 1969 Louisiana Legislature authorized the use of force (\u201call means available to the governor\u201d), if necessary to prevent any person, including faculty members, from disrupting educational processes or damaging University property. Act 59 of 1969 Louisiana Legislature further provides for the immediate dismissal of any employee who willfully interferes with or disrupts the normal educational processes or administration of the University. (La. R. S. 17:3101 et seq.)<\/p>\n

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5.3.2 Antidiscrimination Policy<\/h3>\n

The University is ethically committed not to discriminate against students, faculty, or staff on the basis of their gender, sexual orientation, race, religion, national origin, age, marital status, disability, or veteran\u2019s status. The complete antidiscrimination policy, including formal and informal complaint procedures, is detailed in the Code of Student Conduct<\/em>. See also the policy on Affirmative Action\/ Equal Employment Opportunity (Section 5.2.1).<\/p>\n

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5.3.2.1 Disciplinary Measures<\/h4>\n

a. If the Committee believes that a reasonable cause exists for seeking sanctions against the faculty and\/or staff offender, the Chairperson of the Antidiscrimination Committee will forward the recommendations immediately to the President of the University.<\/p>\n

b. Should the complainant wish to appeal the decision of the Antidiscrimination Committee, a letter should be written to the President of the University within 10 days of issuance of the Committee’s decision and recommendations.<\/p>\n

c. Should the complainant wish to appeal the decision of the President, a letter is written to the President of the Board of Supervisors for the University of Louisiana System within 10 days of issuance of the Committee’s decision and recommendations.<\/p>\n

d. Any faculty\/staff member who feels aggrieved by the Committee’s decision must follow faculty\/staff grievance procedures.<\/p>\n

e. Retaliatory action by those named in the grievance is subject to immediate disciplinary action.<\/p>\n

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5.3.3 Policy Prohibiting Workplace & Sexual Harassment, Discrimination & Retaliation<\/h3>\n

The 1980 EEOC sexual harassment guidelines along with the University\u2019s reporting and disciplinary procedures for Prohibiting Workplace & Sexual Harassment, Discrimination & Retaliation are available on the Human Resources policies website.<\/p>\n

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5.3.4 Use of Copyrighted Works<\/h3>\n

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5.3.4.1 “Fair Use” In Copyright<\/h4>\n

\u201cFair Use\u201d is an implied right to use copyrighted materials under certain circumstances without permission. For the first time, the 1976 Copyright Act makes provisions for exemptions with a \u201cFair Use\u201d clause. The \u201cFair Use\u201d provisions are detailed in the United States Code Title 14 Section 107 and are summarized as follows:<\/p>\n

Notwithstanding the provisions of Section 106, the fair use of a copyrighted work, including such use by reproduction in copies of phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:<\/p>\n

1. the purpose and character of the use, including such use is of a commercial nature or is for nonprofit educational purposes: (i.e. How will the material be used? If it is for a commercial venture, it is a violation, but if it is copied for a nonprofit educational purpose, it is \u201cfair use.\u201d)<\/p>\n

2. the nature of the copyrighted work; (i.e. What type of work is being copied? Each type of copyrighted material (music, software, etc.) has different criteria for \u201cfair use.\u201d)<\/p>\n

3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; (i.e. How much of the work will be copied? If the copied amount exceeds half of the copyrighted materials, or even 10% in some cases, you may be abusing \u201cfair use.\u201d)<\/p>\n

4. the effect of the use upon the potential market for or value of the copyrighted work. (i.e. Will copied material cause the copyright holder to miss out on sales? If so, then \u201cfair use\u201d does not apply.)<\/p>\n

Section 107 of Title 14 does not define \u201cFair Use\u201d, but does give some guidelines as to when the principal of \u201cFair Use\u201d applies. The courts have decided not to define \u201cFair Use\u201d because they believe each case must be decided on the facts presented. It is clear certain standards for using the \u201cFair Use\u201d section have been developed to protect teachers from liability for infringement. The detailed code that specifies the use of \u201cFair Use\u201d for certain circumstances is available in the library (United States Code Annotated\u201414 Copyrights). For further information, assistance in interpreting the code or to learn how to acquire a copyright, faculty or staff may call or write the following:<\/p>\n

Copyright Office: Library of Congress, Washington, D.C. 20559. Phone: (202) 707\u20138700<\/p>\n

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5.3.4.2 Software Copyright Law<\/h4>\n

Copyright law concerning software copying and usage is described in the Copyright Law of the United States of America, revised to March 1, 1989, contained in Title 17 of the United States Code, Section 117.<\/p>\n

Faculty and staff should be aware that there are various types of restrictions on the copying and use of software. Software may be copyrighted as a single copy, site license, or shareware while public domain software has no copyright restrictions. Each is described below:<\/p>\n

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5.3.4.2.1 Single Copy License<\/h5>\n

Software may be used on one single machine at a time. Some software is restricted to be used on one specific machine.<\/p>\n

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5.3.4.2.2 Site License<\/h5>\n

Software is purchased under an agreement that allows a specific number of copies to be made of the software. The restrictions on the copying of software sold under a site license agreement should be understood before copying.<\/p>\n

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5.3.4.2.3\u00a0 Shareware<\/h5>\n

User\u2013supported software that is copyrighted but the developer encourages individuals to make copies and distribute to others. The developer generally asks for a small donation or registration fee H the user plans to use the software.<\/p>\n

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5.3.4.2.4 Public Domain<\/h5>\n

Software that is not subject to any copyright restrictions and may be copied and shared freely.<\/p>\n

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5.3.5 Information Technology Policy<\/h3>\n

Nicholls State University maintains certain policies with regard to the use and security of its Information Technology (IT) resources, including computer usage, computer systems, and networks.\u00a0 Nicholls State University IT policies exist to maintain, secure, and ensure legal and appropriate use of the University’s information technology infrastructure.\u00a0 Security and privacy policies work together to provide the campus community with a high quality, trusted, and secure campus computing environment.\u00a0 They also help protect and secure property interests, data, and intellectual property.\u00a0 All users of Nicholls State University’s IT resources and facilities are expected to be familiar with and adhere to the Nicholls State University IT policies, and will be subjected to the consequences of and\/or penalties for violating University policies.\u00a0 Nicholls State University’s IT Policies apply to the entire Nicholls community, including faculty, staff, and students.<\/p>\n

The full database of Nicholls State University IP policies is available at https:\/\/www.nicholls.edu\/information-tech\/policyandprocedure\/<\/a><\/p>\n

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5.3.6 Policy for Serving Alcoholic Beverages on Campus<\/h3>\n

Events serving alcoholic beverages must be approved by the appropriate University offices and then ordered through the designated food service contractor (Sodexho) at least one week prior to the event. Procedures are detailed in The Policy Regarding Alcohol, Drugs, and Tobacco Products.<\/p>\n

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5.3.7 Drug\u2013Free Workplace Policy and Related Laws<\/h3>\n

Nicholls State University is committed to a safe and drug\u2013free campus for employees, students, and visitors. Therefore, the University is opposed to the use and abuse of alcohol and any other drug for any purpose other than legitimate use. Employees must adhere to this workplace policy as well as the Policy Regarding Alcohol, Drugs, and Tobacco Products detailed in the Code of Student Conduct<\/em>. In conjunction with the National Drug\u2013Free Workplace Act of 1988, all employees are notified that the illegal use, possession, dispensation, distribution, manufacture, or sale of controlled substances is prohibited when on official state business, whether on duty or on call for duty, on or off the work site. Failure to comply with this policy may result in disciplinary action up to and including termination. By law, it is the responsibility of all employees to notify Nicholls State University within five days if they are convicted of violating any criminal drug statute at the workplace, while on official state business or while on call for duty.<\/p>\n

Nicholls State University prohibits unlawful manufacture, distribution, possession, and use of any narcotics, barbiturates, amphetamines, marijuana, or any other controlled substance as defined in Schedule I through V of Section 202 of the Controlled Substance Act (21 U.S.C.812), and as further defined by regulation at 21 CFR 1308.11 through 1308.15. The University prohibits the unlawful use or sale of any alcoholic beverages and their possession or consumption in any form on the University campus except in those areas where the president or designee has authorized the serving or sale of legal beverages in accordance with the provisions of the state and local law and ordinances and prescribed University regulations.<\/p>\n

Furthermore, the Drug\u2013Free Schools and Communities Act Amendments of 1989, Public Law 101\u2013226, require that, as a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees.<\/p>\n

The 1990 Louisiana Legislature passed a bill which designates all state universities as drug\u2013free school zones. This bill increases the criminal and civil penalties to deter the distribution, manufacture, sales and\/or trafficking of illegal substances on or within a geographical perimeter around the University property. The drug\u2013free zone includes all Nicholls property: main campus, athletic complex, John L. Guidry Stadium, farm and intramural fields.<\/p>\n

Revocation of certain Federal licenses and benefits, e.g., pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.<\/p>\n

Employees may be required to satisfactorily participate in an alcohol\/drug abuse assistance program or rehabilitation program. Students, visitors, and employees are expected to adhere to all federal, state, and local laws.<\/p>\n

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5.3.7.1 Definitions<\/h4>\n

The 1986 Amendment of the Louisiana Criminal Code re\u2013enacted R.S. 14:91.1, 91.2, and 91.5 to comply with the 23 U.S.C.158 concerning alcoholic beverages. In 1995 the Louisiana Criminal Code was amended as follows (excerpt):<\/p>\n

For purposes of R.S. 14:93.10 through 93.14, the following definitions shall apply:<\/p>\n

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