“Conditions of Employment”
Upon hire, you will meet with a member of Human Resources’ Administrative staff who will assist you in completing a number of hiring documents. At this time you will be required to provide proof of your legal right to work in the U.S.A.
You will be required to sign your agreement to adhere to the policies and procedures described in 2 employee handbooks: “Environmental Health & Safety” and “Associated Students UCLA: Professional Employment Policies”. You will be required to complete ASUCLA’s “Conflict of Interest Disclosure Statement”, and to sign your agreement to adhere to ASUCLA’s “Conflict of Interest” policies and procedures. Additionally, there may be some departmental policies and procedures you will be asked to read and sign.
ASUCLA is unable to employ you or to continue your employment if you do not agree to sign all hiring documents.
ASUCLA retains the right to establish or modify compensation, benefits, working conditions, positions, duties, and other terms and conditions of employment with or without advance notice. This includes the right to impose discipline of whatever type and for whatever reasons that ASUCLA, at its sole discretion, determines to be appropriate.
Employees who wish to pursue resolution of concerns or complaints arising out of employment or termination of employment shall follow ASUCLA’s Grievance Procedures. ASUCLA’s Complaint Resolution Procedures are outlined in detail later in this handbook.
Current “regularly” enrolled UCLA students are not eligible for professional employment with ASUCLA.
Individuals who have been involuntarily separated from prior employment with ASUCLA due to unsatisfactory job performance and/or misconduct are not eligible for rehire at any time in the future.
Individuals who have been convicted of theft from ASUCLA or who have admitted to theft are not eligible for employment with ASUCLA at any time in the future.
Regular status professional employees may utilize ASUCLA’s “Employment Complaint Resolution Procedures” policy to request reconsideration of ineligibility for rehire.
Recognizing the principles of free speech, ASUCLA is committed to creating and maintaining an environment in which all persons who participate in ASUCLA programs and activities can work together in an atmosphere free of all forms of harassment, exploitation, or intimidation, including sexual.
Consistent with the provisions of applicable State and Federal laws, it is the policy of ASUCLA not to unlawfully discriminate against or harass any person, employed or seeking employment, on the basis of race, color, national origin, religion, sex, gender, gender expression, gender identity, pregnancy, physical or mental disability, medical condition (including cancer related and genetic characteristics), genetic information (including family medical history), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services. (As defined by the Uniformed Services Employment and Reemployment Rights Act of 1994.)
This policy applies to all employment practices, including recruitment, selection, promotion, transfer, merit increase, salary, training and development, demotion, and separation. This policy is intended to be consistent with the provisions of applicable State and Federal laws.
Unlawful discrimination and discriminatory harassment are forms of work place misconduct which are subject to corrective action up to and including immediate dismissal.
Discriminatory harassment takes many forms. The following examples are not intended to be all inclusive:
Every ASUCLA employee should be aware that the Association does not permit sexual harassment in the work place and that such behavior is prohibited by law. It is ASUCLA’s intention to take whatever appropriate action is needed to prevent or eliminate sexual harassment in the work place.
Sexual harassment is a form of work place misconduct which is subject to corrective action up to and including immediate dismissal.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
Sexual harassment may include incidents between staff members or between staff members and non- staff members such as vendors, contractors and visitors. Sexual harassment may occur in hierarchical relationships or between peers or between persons of the same sex or opposite sex.
While romantic relationships between staff members and non staff members may begin as consensual, they may evolve into situations that lead to charges of sexual harassment or sexual violence.
To determine whether the reported conduct constitutes sexual harassment, consideration shall be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred.
Sexual violence is defined as physical sexual acts engaged without the consent of the other person or when the other person is unable to consent to the activity. Sexual violence includes:
Abuse means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another.
Domestic violence is defined as abuse committed against an adult or minor who is a:
Or someone with whom the abuser has:
Dating violence is defined as abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
Sexual assault occurs when physical sexual activity is engaged without the consent of the other person or when the other person is unable to consent to the activity. The activity or conduct may include:
Consent cannot be given when a person is incapacitated.
A person cannot consent if he or she is:
A person cannot consent if his or her understanding of the act is affected by a physical or mental impairment.
Incapacitation is defined as the physical and/or mental inability to make informed, rational judgments.
States of incapacitation include, but are not limited to:
Where alcohol or drugs are involved, incapacitation is defined with respect to how the alcohol or other drugs consumed affects a person’s decision-making capacity, awareness of consequences and ability ot make fully informed judgments.
Being intoxicated by drugs or alcohol does not diminish one’s responsibility to obtain consent.
The factors to be considered when determining whether consent was given include whether the accused knew, or whether a reasonable person should have known that the complainant was incapacitated.
Stalking is behavior in which a person repeatedly engages in conduct directed at a specific person that places that person in reasonable fear of his or her safety or the safety of others.
Employees who believe they have observed or been subjected to any form of unlawful discrimination or harassment in the work place that violates ASUCLA policy should raise the issue with their management, or a member of Human Resources management. This includes reports, inquiries or complaints about:
Supervisors and managers are required to report suspected harassment immediately to Human Resources and take preventive and corrective steps. Failure to do so may result in disciplinary action.
Supervisors are defined as anyone having the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or the responsibility to direct them or to adjust their grievances or effectively recommend action.
ASUCLA will ensure that prompt appropriate investigation and management action to prevent, correct and if necessary, to discipline behavior that violates this policy are administered in response to inquiries and complaints of unlawful discrimination and harassment. This may include formal investigation, early resolution, counseling and/or targeted training or educational programs where appropriate.
To determine whether the reported conduct constitutes sexual harassment, consideration shall be given to the record of the conduct as a whole and to the totality of the circumstances including the context in which the conduct occurred.
Disciplinary action will be recommended when the harassing conduct is sufficiently severe, persistent or pervasive that it alters the conditions of employment. Complainants will be informed of investigation findings, but not of individual disciplinary actions.
Filing intentionally false reports is a violation of policy. Individuals who make reports that are later found to have been intentionally false or made maliciously without regard for truth, may be subject to disciplinary action. This provision does not apply to reports made in good faith.
This policy prohibits retaliation against any employee or person seeking employment for bringing a complaint of discrimination, sexual harassment or sexual violence pursuant to this policy. Retaliation against someone who assists with a complaint of discrimination, sexual harassment or sexual violence, or participates in any manner in an investigation or resolution of a complaint of discrimination or sexual harassment or sexual violence is also strictly prohibited. Retaliation includes threats, intimidation, reprisals and/or adverse actions related to employment, however, any act of reprisal violates this policy and will result in appropriate disciplinary action.
Any act of retaliation will be treated as a separate and distinct incident, regardless of the outcome of the harassment complaint.
Reports of sexual harassment shall be brought as soon as possible after the alleged conduct occurs, optimally within one year, however, there are no time limits for initiating an informal inquiry or complaint.
An eligible employee may file a formal complaint within 30 calendar days after the date on which the employee could be expected to know of the unlawful discrimination or harassment, or within 30 calendar days after the last alleged incident of unlawful discrimination or harassment.
Reports of sexual harassment or sexual violence should be brought forward as soon as possible after the alleged conduct occurs. While there is no stated timeframe for reporting, prompt reporting will better enable ASUCLA to respond to the report, determine the issues and provide an appropriate remedy and or action.
All incidents should be reported even if a significant amount of time has passed.
However, delaying a report may impede ASUCLA’s ability to conduct an investigation and or to take appropriate remedial actions.
Employees should consult ASUCLA’s Professional Employment Policy #801, “Complaint Resolution” concerning steps and time limits for resolving informal and formal inquiries and complaints.
EEOC – Equal Employment Opportunity Commission
DFEH – California Department of Fair Employment and Housing
Employees who are not satisfied with ASUCLA’s complaint resolution procedures may file complaints with applicable State and Federal agencies that should be contacted directly about filing procedures and timelines. The federal Equal Employment Opportunity Commission (EEOC), California Department of Fair Employment and Housing (DFEH) and the U.S. Department of Education, Office for Civil Rights also investigate complaints of unlawful harassment in employment. These agencies may serve as neutral fact finders and attempt to facilitate the voluntary resolution of disputes with the parties. Employees may view posted information, or obtain written information, about these agencies at ASUCLA’s Human Resources Office. The filing of an informal or formal complaint with ASUCLA does not excuse an employee from meeting the time limits of external compliance agencies.
ASUCLA undertakes affirmative action for underutilized minorities and women, for persons with disabilities, and for covered veterans. (Covered veterans are special disabled veterans, recently separated veterans, Vietnam era veterans, or any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.)
In so doing, ASUCLA’s objective are to:
ASUCLA provides reasonable accommodation to otherwise qualified employees who become disabled and need assistance to perform the essential functions of their positions.
Employees are responsible for requesting accommodation and for providing medical documentation to assist in understanding the nature of the employee’s functional limitations. This documentation may be subject to confirmation by an ASUCLA-appointed licensed healthcare provider.
A disabled regular status employee or a regular status employee who has been medically separated may be placed in a position on a trial employment basis for a period not to exceed one year to determine if s/he is capable of performing the essential duties of the position, with or without accommodation.
An employee who becomes disabled may be selected for a position which has not been posted.
A retiree who is receiving disability benefits from a retirement system to which the University contributes is eligible for trial employment and special reemployment for 3 years from the date benefits commenced. If the retiree is rehired within this period, a break in service does not occur.
ASUCLA employees are expected to exercise integrity, professionalism and discretion when conducting business directly or indirectly related to ASUCLA. Activities that conflict with the interests of ASUCLA must be avoided in all circumstances, including:
Employees are expected to ensure their compliance with the guidelines provided herein, and to accept as their responsibility the need to request clarification of any potential conflict of interest.
All employees are expected to consult the Executive Director, or his/her designee, before taking actions that might place them in situations, or appear to place them in situations, that could impair objectivity, independence or integrity or which may be detrimental to ASUCLA.
In addition, regular status professional employees will be required to complete ASUCLA’s “Conflict of Interest Statement”.
For the purposes of this policy, immediate family is defined as any person residing with the employee, and/or supported at least 50% by the employee, who is the employee’s:
Employees are expected to recognize and report potential conflicts of interest in the following activities:
A financial conflict of interest may exist when any of the aforementioned activities involve:
|Any business entity in which an employee has a Direct * or Indirect ** investment worth over $2,000.|
|Any real property in which the employee has a Direct * or Indirect ** Interest worth over $2,000.|
|Any source of income (except gifts or loans by a commercial lending institution made in the regular course of business on terms available to the public without regard to official status) that the employee and/or their immediate family member(s) received or was promised within 12 months before the decision is made, totaling $500 or more in value.|
|￼Any business entity in which the employee and/or their immediate family member(s) is a Director, Officer, Partner, Trustee, employee, or holds any management position.|
|￼Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $50 or more in value provided to, received by or promised to the employee and/or their immediate family member(s) within 12 months prior to when the decision is made.|
* Direct Interest: owned by the Employee.
** Indirect Interest: owned by a member of the employee’s immediate family or agent working for the employee; or a business or trust in which the employee or a member of the employee’s immediate family or agent working for the employee owns a 10% interest or greater.
The following applies to ASUCLA employees, and to members of their immediate families:
Secondary employment and/or external consulting commitments may constitute a conflict of interest when they are with an ASUCLA competitor, vendor, supplier or any organization seeking to do business with ASUCLA, and when they would interfere with the employee’s primary responsibilities to ASUCLA.
Employees must request the approval of the Executive Director, or his/her designee, in writing prior to engaging in any consulting commitments or secondary employment on behalf of or with an ASUCLA competitor, vendor, supplier or any organization seeking to do business with ASUCLA.
Employees are expected to distinguish between gifts/services of nominal value routinely used for advertising or to establish good will, and those that could be perceived as inducement for preferential treatment or even as theft/dishonesty.
ASUCLA employees are prohibited from:
The following items require the advance approval of the Executive Director, or his/her designee, by completing ASUCLA’s “Gifts & Unusual Hospitality Acceptance Approval” form:
The following actions may be taken where it is determined that a potential conflict of interest does exist, or the appearance of a conflict of interest:
Violations of this policy are grounds for corrective action up to and including immediate dismissal.
ASUCLA encourages the reporting of any improper ASUCLA activity by an ASUCLA employee which includes but is not limited to corruption; malfeasance; bribery; fraud; coercion; financial wastefulness; theft or misuse of property; gross misconduct, incompetence or inefficiency.
Any improper ASUCLA activity should be reported orally or in writing with as much specific, factual information as possible to a Supervisor and/or Human Resources Representative. Confidentiality will be maintained to the extent possible. Reports may be made anonymously if preferred.
ASUCLA is committed to protecting employees and applicants for employment from interference with making a protected disclosure or retaliation for having made a protected disclosure.
An ASUCLA employee may not:
Retaliation against someone who reports whistleblowing is strictly prohibited. Retaliation includes threats, intimidation, reprisals and/or adverse actions related to employment, however, any act of reprisal violates this policy and will result in appropriate disciplinary action.
Any act of retaliation will be treated as a separate and distinct incident, regardless of the outcome of the whistleblowing report.
Methods, procedures, processes, program software, documents, designs or products uniquely developed for ASUCLA by an employee compensated for their development belong to ASUCLA, and not to the employee. ASUCLA employees must agree to submit these to ASUCLA’s control, and to surrender them at separation of employment, if not before. If material or information has been uniquely developed for ASUCLA and has potential commercial value, it is appropriate that ASUCLA produce the item commercially or license others to do so.
Violation of this policy may result in corrective action, up to and including immediate dismissal.
Methods, procedures, processes, program software, documents, designs or products uniquely developed for ASUCLA may not be duplicated nor distributed unless:
Materials or information may not be reproduced for commercial use except by ASUCLA or its approved licensors.
ASUCLA employees may use ASUCLA developed materials as a supplement to a personal consulting engagement if:
Employees will be responsible for the cost of reproducing approved materials/information. Any cost of reproducing materials/information passed on by an employee to his/her client shall contain no element of mark-up.
Employees may not disclose any confidential information acquired in advance of its public dissemination or by reason of his/her ASUCLA position to any unauthorized person.
ASUCLA employees are not authorized to respond to inquiries from media representatives without the express authorization of ASUCLA’s Executive Director or designee.
All inquiries from media representatives are to be referred to ASUCLA’s Executive Director’s Office at (310)825-8011.
Failure to comply with this policy is grounds for corrective action up to and including immediate dismissal.
Any summons, subpoenas or other legal matters should be referred to ASUCLA’s Executive Director’s Office at 310/825-8011.
The Executive Office should not accept service of any summons, subpoenas or lawsuits, but should request a copy and refer the serving party to:
The Regents of The University of California
Office of the President
1111 Franklin Street, 8th Floor
Oakland, California 94607-5200
Attention: Office of the General Counsel
Employees are prohibited from the unlawful manufacture, distribution, dispensing, possession, use, purchase, or sale; of alcohol, illegal drugs, controlled substances, other intoxicants, or related paraphernalia; while engaged in ASUCLA business in or outside the work place, on ASUCLA and University premises, and at official ASUCLA and University functions.
In addition, employees shall not use illegal nor legal substances or related paraphernalia in a manner that impairs performance.
Employees found to be in violation of this policy may be subject to corrective action, up to and including immediate dismissal.
ASUCLA recognizes dependency on alcohol and other drugs as a treatable condition, and encourages employee use of counseling and referral services offered through UCLA’s Student Psychological Services. Discussions with Student Psychological Services conform to confidentiality rights of clients and employees as defined by Federal and State laws, and ASUCLA policies/procedures.
The State of California Information Practices Act of 1977 (effective July, 1978) requires the following information be provided to individuals asked to supply information about themselves:
The Human Resources Department maintains a confidential Employment File for each employee consisting of official documents related to your employment and job performance. This file is the Association’s official record and is available only to management and Human Resources staff in transacting promotions, transfers and other employment related matters. You may also review your file, and obtain copies of any documents in it that you have signed.
Smoking is not permitted in any ASUCLA facility, including in employees’ personal offices.
Employees interested in seeking assistance to stop smoking are encouraged to contact the campus’ Staff and Faculty Counseling Center at 310/794-0245.
Your department has established its own standards for work place appearance which it will review with you. In areas where there is a high degree of contact with the public or general campus community, you will likely be required to wear professional business attire, or you may be required to wear some type of uniform clothing. In other areas, there may be health and safety issues that require you to wear special clothing (e.g., long pants, head coverings, back supporting belts). There are areas where thongs and any sandals or footwear that do not provide protective covering to the foot are not permitted.
The following standards, however, apply to all ASUCLA employees:
An employee who violates these or any department standards of appearance may be sent home without pay. If the employee violates standards of appearance again, s/he would receive corrective action up to and including dismissal.
The employment of family members or individuals involved in close personal relationships is not permitted where potential exists for conflict of interest, including under the following circumstances:
Additionally, supervisors are prohibited from dating employees they supervise, or who are otherwise their subordinates, under any of these circumstances.
Violation of this policy may be grounds for corrective action, up to and including immediate dismissal.
For the purposes of this policy, family members are defined as “spouses”, domestic partners, siblings, cousins, parents, children, children of domestic partners, grandparents, aunts, uncles, in-laws, and other persons related by marriage. Relatives of the domestic partner who would be covered if the domestic partner were the employee’s spouse are also defined as near relatives. Individuals involved in close personal relationships can also include “boyfriends/girlfriends” and fiancés.
When circumstances change so that employees who were not formerly family members or individuals involved in close personal relationships become so and a conflict of interest, potential conflict or the appearance of a conflict exists, ASUCLA will at its sole discretion attempt to resolve the situation by determining whether or not either of the employees can be transferred to another position without unduly disrupting business operations. If no comparable position exists, an employee may be demoted to a lesser position with appropriate pay adjustment. If transfer is not operationally feasible, then one of the employees may be terminated. In making its determination, ASUCLA will consider the expressed joint preference of the employees affected.
In situations involving a relationship between a supervisor and subordinate, including where they are dating, ASUCLA may at its sole discretion determine to demote or terminate the supervisor.
In any of these situations, the Human Resources Division and appropriate Division Director will be consulted. ASUCLA may determine at its sole discretion that no conflict of interest nor potential for conflict exists, and that no corrective action is required.
Employees are expected to disclose family, personal and supervisor/subordinate dating relationships to their supervisor or manager whenever a conflict of interest, potential conflict or the appearance of a conflict may arise as defined above.
An employee will be deemed ineligible to transfer or be promoted to another position within ASUCLA if by doing so s/he will be in violation of this policy.
Attendance is considered an important part of overall job performance since loss of time is detrimental to the efficient operation of ASUCLA and the accomplishment of each employee’s job responsibilities.
This policy applies to all ASUCLA employees. Please note that this policy is intended to provide supervisors and managers with a guideline in addressing poor attendance. Extenuating attendance circumstances (such as overall poor attendance due to a combination of excessive absence, excessive tardiness and unnotified absence) may result in other actions.
All employees are responsible for notifying their supervisor/department of absence or tardiness no less than one hour before the commencement of the scheduled shift, if at all possible. This procedure must be repeated for each day of absence and each occasion of tardiness, unless the employee is hospitalized. Your department will let you know of any procedures they have established for reporting absences and tardiness.
Should you have an extended illness and are unable to report to work for some time, please notify your supervisor as much in advance as possible. You may be asked to submit a doctor’s note releasing you to return to work after an extended illness. Failure to provide a doctor’s note upon request may result in dismissal.
Excessive absences may result in the following corrective actions:
Supervisors/managers may request a Doctor’s written excuse for absences.
|# of Occurrences *||Time Period||Actions|
|2||within 30 days of one another||verbal warning|
|2 additional||within any 30 days of one another||written warning|
|1 additional||at any time||2ND written warning|
|1 additional||at any time||dismissal|
* An absence “occurrence” may be defined as:
Excessive tardiness may result in the following corrective actions:
|# of Tardies *||Time Period||Actions|
|1||at any time||verbal warning|
|1 additional||within any 30 days of last tardy||written warning|
|1 additional||within 30 days of last tardy||2ND written warning|
|1 additional||at any time||dismissal|
* Tardiness is defined as:
An unnotified absence is defined as an employee’s failure to notify ASUCLA when absent as detailed above. An unnotified absence generally results in immediate dismissal.
If you will be driving on the job at least one day per week, you will be enrolled in the California State DMV Pull Notice System. This system reviews and tracks your California driving record to ensure you qualify for a position with driving duties. Your supervisor or manager will advise you if you are to be enrolled.
Being enrolled in the DMV Pull Notice Systems means that driving is a key responsibility for your position. Receiving too many driving violations or failing to maintain and possess a valid California Driver’s License will result in corrective action up to and including immediate dismissal.
Occasionally, employees are engaged in some form of private enterprise, volunteer fund raising, or special interest group that they wish to promote to co-workers. Employees are not permitted to engage in the promotion of such activities during their regular work hours, nor to interrupt others while they are at work. The distribution of flyers that promote such activities on work premises is also prohibited. Employees who do not comply may receive corrective action up to and including dismissal.
It is essential for employees wishing to engage in any type of solicitation activities during breaks and meal periods to exercise the highest levels of judgment and discretion, due to the sensitive nature of individual rights and preferences. For instance, discussions related to politics and religion should be avoided.
The only exceptions to this policy include ASUCLA endorsed activities related to such things as blood drives and other charitable campaigns.
Employees who write personal checks to ASUCLA in exchange for merchandise or services are responsible for ensuring that there are sufficient funds to cover the amount of purchase.
When an employee’s check is returned to ASUCLA due to insufficient funds:
When an employee fails to provide the reimbursement on or before the next pay day:
If a check is returned due to bank error, the employee must provide ASUCLA with written documentation from the bank. In this case, no corrective action would occur.
ASUCLA does not cash employees’ payroll or personal checks, nor permit employees to write personal checks for cash back above the amount of purchase.