“Conditions of Employment”

Policy Supersedes Effective
#101 12/1/97
1/1/2001
8/1/2005
7/1/2007
7/1/2013

The following types of UCLA students are eligible for student employment or stipend assignments with ASUCLA:

  • Current “regularly” enrolled students.
  • Students currently enrolled in Extension courses and concurrently enrolled at UCLA.

To maintain eligibility, students must remain enrolled throughout their employment or stipend assignments.

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 handbooks: “Environmental Health & Safety” and “Students Helping Students: Student Employment Policies”. Additionally, there may be some departmental policies and procedures you will be asked to read and sign.

ASUCLA is unable to employ or continue to employ students who do not agree to sign all hiring documents. This applies as well to students engaged in stipend assignments.

Student employees and students in stipend assignments may be released at any time at ASUCLA’s discretion.

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.

Eligible student employees who wish to pursue resolution of concerns or complaints arising out of employment or termination of employment shall follow ASUCLA’s Student Employment Policy #801, ”Complaint Resolution”.

Individuals who have been involuntarily separated from employment or a stipend assignment 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 or stipend assignments with ASUCLA at any time in the future.

“Non-Discrimination”

Policy Supersedes Effective
#106 12/1/97
1/1/2001
8/1/2003
5/1/2004
8/1/2005
5/1/2009
7/1/2010
7/1/2011
7/1/2012
7/1/2013
8/1/2015
6/1/2018

Introduction

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.

Non-Discrimination

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:

  •  Visual images, depictions or messages that may be perceived to degrade or reflect negatively upon specific protected individuals or groups.
  •  “Jokes”, remarks, innuendoes or non-verbal communication that may be perceived to be derogatory, or to have the purpose or the effect of stereotyping, demeaning or singling out specific protected individuals or groups.
  •  Physical contact with specific protected individuals or groups that may be perceived to be threatening, derogatory, demeaning or overly personal.
  •  Retaliation against individuals or groups in response to reports, inquiries and complaints about ASUCLA’s non-discrimination policy.

Sexual Harassment

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:

· Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or

· Submission to or rejection of such conduct by an individual is used as a basis for review in making Human Resources decisions affecting an individual; or

· Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive working environment.

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

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:

* Sexual Assault

* Rape

* Battery

* Sexual Coercion

* Domestic Violence

* Dating Violence

* Stalking

 

Abuse

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

Domestic violence is defined as abuse committed against an adult or minor who is a:

* Spouse

* Former spouse

* Cohabitant

* Former Cohabitant

Or someone with whom the abuser has:

* A child

* An existing dating or engagement relationship

* Had a former dating or engagement relationship

Dating Violence

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

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:

* Physical Force

* Violence

* Threat

* Intimidation

* Ignoring the objections of the other person

* Causing the other person’s intoxication or incapacitation though the use of drugs or alcohol

* Taking advantage of the other person’s incapacitation (including voluntary intoxication)

 

Consent

Consent is:

* Informed

Consent is an affirmative, unambiguous and conscious decision by each participant to engage in mutually agreed-upon sexual activity.

* Voluntary

It must be given without coercion, force, threats or intimidation.

Consent means positive cooperation in the act or expression of intent to engage in the act pursuant ot an exercise of free will.

* Revocable

Consent to some form of sexual activity does not imply consent to other forms of sexual activity.

Consent to sexual activity on one occasion is not consent to engage in sexual activity on another

occasion.

A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent.

Even in the context of a relationship, there must be mutual consent to engage in sexual activity.

Consent must be ongoing throughout a sexual encounter and can be revoked at any time.

Once consent is withdrawn, the sexual activity must stop immediately.

Consent cannot be given when a person is incapacitated.

A person cannot consent if he or she is:

* Unconscious or coming in or out of consciousness

* Under the threat of violence, bodily injury or other forms of coercion

A person cannot consent if his or her understanding of the act is affected by a physical or mental impairment.

 

Incapacitation

Incapacitation is defined as the physical and/or mental inability to make informed, rational judgments.

States of incapacitation include, but are not limited to:

* Unconsciousness

* Sleep

* Blackouts

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

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.

Reports, Inquiries & Complaints

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:

· ASUCLA’s “Non-discrimination” policy.

· Any incidents or situations that may be regarded as unlawful discrimination or harassment in the course of employment.

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.

False Reports

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.

Retaliation

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.

Time Limits

Reports of discrimination or harassment, including 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

 

EEOC – Equal Employment Opportunity Commission

DFEH – California Department of Fair Employment and Housing

U.S. Department of Education, Office for Civil Rights

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.

Stipends

This policy applies also to individuals in stipend assignments at ASUCLA.

 

 

Investigation and Adjudication of Complaints and Reports Concerning Sexual Harassment / Sexual Violence

Initial Assessment

Upon receipt of a report of or information about alleged sexual harassment or sexual violence, ASUCLA will make an initial assessment, which will include making an immediate assessment concerning the health and safety of the complainant and others. ASUCLA will also consider and take interim measures as appropriate to ensure the safety and well-being of its employees. Investigatory leave of the respondent may be imposed in accordance with ASUCLA Student Employment Policy No. 701 (hereinafter “Policy No. 701”).

Investigating and Resolving Reports of Prohibited Conduct

Provided ASUCLA has sufficient information to respond to a complaint of sexual harassment or sexual violence, ASUCLA may resolve the complaint by alternative resolution or formal investigation. Throughout the resolution process, the complainant and the respondent may be accompanied by an advisor. In addition, ASUCLA will make complainants and respondents aware of support services available to them.

A. Alternative Resolution

After a preliminary inquiry into the facts, ASUCLA may initiate an alternative resolution process. Alternative resolution may be appropriate when a report is made anonymously, or when both parties prefer an informal process, or under other appropriate circumstances. Alternative resolution may include (but is not limited to) counseling, targeted education and training, or an outcome letter documenting that there was a complaint alleging prohibited conduct and action taken to eliminate the conduct, prevent its recurrence, and/or address its effects.

B. Formal Investigation

If a complaint or report of sexual harassment or sexual violence is made, and ASUCLA determines that alternative resolution will not be sufficient to resolve the complaint or report, ASUCLA may conduct a formal investigation.

1. Notification

ASUCLA will notify the Association’s Executive Director, and the manager of the person against whom the complaint was made (the respondent) when a formal investigation is commenced. ASUCLA will be sensitive in its communication to protect the neutrality of the Executive Director and the neutrality of the manager, as well as the privacy of the complainant and respondent.

Thereafter, ASUCLA will ensure that the Executive Director and/or manager are regularly updated regarding the status of the formal investigation.

2. Notice of Charges

ASUCLA will notify the complainant and the respondent in writing if a determination is made to conduct a formal investigation. The notification will include:

* A summary of the allegations and potential violations of ASUCLA Student Employment Policy No. 106 (hereinafter “Policy No. 106”);

* The purpose of the investigation;

* A statement that the investigative report, when issued, will make factual findings and a determination whether there has been a violation of Policy No. 106;

* A statement that the findings under Policy No. 106 will be based on the preponderance of the evidence standard;

* A summary of the investigation and discipline processes, including the expected timeline;

* A summary of the rights of the complainant and respondent, including the right to an advisor;

* A description of the resources available to complainant and respondent; and

* An admonition against intimidation or retaliation.

3. Investigative Process

ASUCLA will designate an investigator to conduct a fair, thorough, and impartial investigation.

During the investigation, the complainant and respondent will be provided an equal opportunity to meet with the investigator, submit information, and identify witnesses who may have relevant information.

The investigator will meet separately with the complainant, the respondent, and witnesses who may have relevant information, and will gather other available and relevant information. The investigator may follow up with the complainant or the respondent as needed to clarify any inconsistencies or new information gathered during the course of the investigation.

Disclosure of facts to persons interviewed will be limited to what is reasonably necessary to conduct a fair and thorough investigation. Participants in an investigation may be asked to maintain confidentiality when essential to protect the integrity of the investigation.

The complainant or the respondent may have an advisor present when personally interviewed and at any related meeting. Other witnesses may have a representative present at the discretion of the investigator or as required by ASUCLA policy or a collective bargaining agreement.

When a law enforcement agency is conducting its own investigation into the alleged conduct, ASUCLA will make every effort to coordinate his or her fact-finding efforts with the law enforcement investigation. At the request of law enforcement, the investigation may be delayed temporarily to meet specific needs of the criminal investigation.

 

4. Investigation Report and Finding

Following conclusion of the investigation, ASUCLA will prepare a written report. The written report will include a statement of the allegations and issues, the positions of the parties, and a summary of the evidence.

If the complainant or the respondent offered witnesses or other evidence that was not relied upon by the investigator, the investigation report will explain why it was not relied upon.

The investigation report will include findings of fact and a determination regarding whether, applying the preponderance of the evidence standard, there is sufficient evidence to conclude that respondent violated Policy No. 106.

5. Notice of Investigation Outcome

Upon completion of the investigation report, ASUCLA will send to the complainant and the respondent a written notice of investigation outcome regarding whether a violation of Policy No. 106 was found. The notice of investigation outcome will generally be accompanied by a copy of the investigation report, which may be redacted as necessary to protect privacy rights.

ASUCLA will also send the notice of investigation outcome and accompanying investigation report to ASUCLA’s Executive Director and the respondent’s manager.

The notice of investigation outcome will include:

* A statement of whether a preponderance of the evidence demonstrated that respondent violated Policy No. 106;

* An admonition against intimidation or retaliation;

* An explanation of any interim measures that will remain in place;

* A statement that the complainant and respondent have an opportunity to respond in writing to ASUCLA’s Executive Director and the respondent’s manager; and

* A statement indicating whether it appears that further investigation by another appropriate body may be necessary to determine whether violations of other policies occurred, separate from any allegations of conduct that were investigated under Policy No. 106.

In addition, if the investigation determined that respondent violated Policy No. 106, the notice of investigation outcome will also include:

* A description of the process for deciding whether and what discipline to impose, including a statement that ASUCLA will propose a resolution, which may include corrective action as defined by Policy No. 701 or dismissal, and that the proposal will be subject to review and approval by ASUCLA’s Executive Director;

* A statement that the complainant and the respondent will be informed of the final resolution of the matter, including any discipline imposed, and a statement of the anticipated timeline.

 

6. Timeframe for Completion of Investigation; Extension for Good Cause

The notice of investigation outcome and accompanying investigation report will be issued promptly, typically within sixty (60) business days of initiation of the formal investigation, unless extended by ASUCLA for good cause, with written notice to the complainant and the respondent of the reason for the extension and the projected new timeline.

ASUCLA will keep the complainant and respondent regularly informed concerning the status of the investigation.

Assessment and Consultation

ASUCLA Human Resources has the responsibility to propose and implement action in response to the findings of the investigation report. The proposed decision will be reviewed and approved by ASUCLA’s Executive Director, who may consult with ASUCLA Human Resources at any time during the decision-making process.

A. Opportunity to Respond

The complainant and the respondent will have an opportunity to respond to the notice of investigation outcome and accompanying investigation report through a written statement that will be submitted to ASUCLA Human Resources and ASUCLA’s Executive Director.

.

The purpose of this response is not to challenge the factual findings in the investigation report or present new evidence, but to provide the complainant and the respondent with an opportunity to express their perspectives and address what outcome they wish to see.

B. Decision Proposal and Submission for Approval

In the event that the investigation finds the respondent responsible for violating Policy No. 106, ASUCLA Human Resources will propose a decision regarding how to resolve the matter. The proposal must be submitted to ASUCLA’s Executive Director for review and approval.

In the event the Executive Director does not approve the proposed decision, he or she will send it back to ASUCLA Human Resources for reconsideration and submission of a revised proposed decision.

In the event ASUCLA’s Executive Director approves the proposed decision, he or she will inform ASUCLA Human Resources who will take steps to implement the approved decision.

ASUCLA Human Resources may propose to resolve the matter without taking any further action. This proposal will be reviewed by ASUCLA’s Executive Director for approval. In the event it is approved, this decision and its rationale will be promptly communicated to both the complainant and the respondent.

 

Corrective and Other Actions

Following approval by ASUCLA’s Executive Director, ASUCLA Human Resources will implement the approved decision in accordance with applicable ASUCLA policies.

A. Decision Approval and Implementation

1. No Further Action

ASUCLA Human Resources may propose to resolve the matter without taking any further action. This proposal will be reviewed by ASUCLA’s Executive Director for approval. In the event it is approved, this decision and its rationale will be promptly communicated to both the complainant and the respondent.

2. Action Not Requiring Notice of Intent

ASUCLA Human Resources may propose corrective or remedial actions that do not amount to corrective action as defined by Policy No. 701 or dismissal. The proposed actions will be reviewed by ASUCLA’s Executive Director for approval.

In the event it is approved, the decision will be implemented by ASUCLA Human Resources and the decision and its terms and rationale will be promptly communicated to both the complainant and the respondent.

3. Notice of Intent

ASUCLA Human Resources may propose to issue a notice of intent to institute corrective action in accordance with Policy No. 701 or notice of intent to dismiss.

The proposed terms of the notice of intent will be reviewed by ASUCLA’s Executive Director for approval. In the event it is approved, the decision will be implemented by ASUCLA Human Resources and the notice of intent will issued.

Following the provision of a notice of intent, corrective action will be taken in accordance with Policy No. 701 and/or actions to dismiss will be taken in accordance with Student Employment Policy No.911. The terms of the implemented action and its rationale will be promptly communicated to both the complainant and the respondent.

B. Timeframe for Implementation of Decision; Extension for Good Cause

ASUCLA Human Resources should implement the approved decision promptly, typically within forty (40) business days of issuing the notice of investigation outcome and accompanying investigation report. If the matter has not been otherwise resolved within forty (40) business days, a notice of intent will be issued.

Extensions to this timeline may be granted by the Executive Director for good cause with written notice to the complainant and the respondent stating the reason for the extension and the projected new timeline.

 

Process Following Action Taken

In the event a respondent submits a complaint under ASUCLA Student Employment Policy No. 801 (“Complaint Resolution”), ASUCLA’s Executive Director will ensure that both the complainant and the respondent receive regular updates regarding the status of the complaint or grievance.

Subsequent to any final decision, ASUCLA’s Executive Director will promptly inform the complainant and the respondent of the decision, including any final decision on discipline, and its rationale.

“Affirmative Action”

Policy Supersedes Effective
#108 none 8/1/2003

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:

  • Ensure that members of groups who in the past may have been victims of employment discrimination are given equal opportunities to compete for jobs and to have their qualifications fairly assessed.
  • Ensure equal access to educational, training, promotional and transfer opportunities.
  • Achieve a diversified work force at all levels.

“Reasonable Accommodation”

Policy Supersedes Effective
#111 none 1/1/2001

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.

Special Selection

An employee who becomes disabled may be selected for a position which has not been posted.

“Conflict of Interest”

Policy Supersedes Effective
#116 1/1/2001
5/1/2004
8/1/2005
8/1/2006
7/1/2007
10/1/2010

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:

  • Any situation in which an ASUCLA employee’s activities or activities of a member of an employee’s immediate family, or an agent of either have the potential or appearance of exploiting ASUCLA employment for personal gain.
  • Any activity in which an employee or a member of an employee’s immediate family, or an agent of either, has a financial or other interest which competes with or impacts any current or planned action, decision, policy, position, direction or intention of ASUCLA.

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.

Conflict of Interest Disclosure

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.

Student employees may be required to complete ASUCLA’s “Conflict of Interest Statement”.

Immediate Family

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:

  • Spouse; adult dependent relative; or same-sex domestic partner.
  • Natural child; adopted child; step child; legal ward; or other child.

Guidelines

1) Financial Conflict of Interest:

Employees are expected to recognize and report potential conflicts of interest in the following activities:

  • Influencing or attempting to influence ASUCLA decisions.
  • Obligating or committing ASUCLA to any course of action.
  • Entering into a contract on behalf of ASUCLA.
  • Purchasing.

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.

2) Consulting & Dual Employment:

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.

3) Relations with Outside Entities:

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:

  • Accepting any form of monetary rebates, cash incentives, commissions, loans, or overrides from a vendor, supplier, customer or other outside entity.
  • Borrowing or retaining for personal use merchandise, supplies, services or equipment paid for by ASUCLA.

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:

  • Acceptance of any gift with a value greater than $50.00 from any vendor, supplier, customer, or other outside entity/individual seeking to do business with ASUCLA. This includes such things as merchandise, services, samples, hospitality, gratuities/tips, discounts and prizes (this list is not intended to be all inclusive).
  • Acceptance of any unusual hospitality provided or paid for by a vendor such as theater/sporting event tickets and green fees (these examples are not intended to be all inclusive).
  • Purchases for the personal use of services, merchandise or product at less than ASUCLA’s retail rate from an ASUCLA vendor.
  • Acceptance of services, merchandise or product from an ASUCLA vendor to locations other than ASUCLA business premises.
  • Acceptance of services, merchandise or product for personal use from an ASUCLA vendor on ASUCLA business premises.
  • Any other gifts/services that could be perceived as inducement for preferential treatment or even as theft/dishonesty.

Corrective Action

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:

  • The employee may be disqualified from participating in or influencing any affected ASUCLA activity.
  • The employee may be expected to cease any activity perceived to be creating the potential or appearance of conflict of interest, or to resign his/her position.

Violations of this policy are grounds for corrective action up to and including immediate dismissal.

Stipends

This policy applies also to individuals in stipend assignments at ASUCLA.

“Whistle Blower Protection”

Policy Supersedes Effective
#118 N/A 7/1/2008

Whistle Blowing Activities

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.

Procedures and Confidentiality for Reporting Whistle Blowing Activities

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.

Non-Retaliation

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:

  • Retaliate against an employee or applicant for employment who has made a protected disclosure
  • Directly or indirectly use or attempt to use the official authority or influence of his or her position for the purpose of interfering with the right of an applicant or an employee to make a protected disclosure to the employee’s immediate supervisor or ASUCLA

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.

“Proprietary Information”

Policy Supersedes Effective
#121 12/1/97
1/1/2001
8/1/2005

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.

Duplication

Methods, procedures, processes, program software, documents, designs or products uniquely developed for ASUCLA may not be duplicated nor distributed unless:

  • They will benefit UCLA, ASUCLA or the education community in general.
  • Releasing them will in no way disadvantage ASUCLA.
  • The duplication and/or distribution is approved in writing by ASUCLA’s Executive Director.

Materials or information may not be reproduced for commercial use except by ASUCLA or its approved licensors.

Consulting Engagements

ASUCLA employees may use ASUCLA developed materials as a supplement to a personal consulting engagement if:

  • The materials do not constitute the main substance of the consulting engagement.
  • The consulting engagement is not in violation of ASUCLA’s policy on “Conflict of Interest”.
  • Employees must request the approval of the Executive Director, or his/her designee, in writing prior to using such materials for a personal consulting engagement.

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.

Confidential Information

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.

Stipends

This policy applies also to individuals in stipend assignments at ASUCLA.

“Media Inquiries”

Policy Supersedes Effective
#126 12/1/97 8/1/2005

All inquiries from media representatives are to be referred to ASUCLA’s Executive Director’s Office at (310)825-8011.

ASUCLA employees are not authorized to respond to inquiries from media representatives without the express authorization of ASUCLA’s Executive Director or designee.

Failure to comply with this policy is grounds for corrective action up to and including immediate dismissal.

Stipends

This policy applies also to individuals in stipend assignments at ASUCLA.

“Substance Abuse in the Work Place”

Policy Supersedes Effective
#131 12/1/97
1/1/2001
8/1/2003
8/1/2005

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.

Stipends

This policy applies also to individuals in stipend assignments at ASUCLA.

“Privacy”

Policy Supersedes Effective
#136 9/1/90
12/1/97
8/1/2005

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 purpose for the information requested on employment forms is for the administration of personnel actions including but not limited to employment and pay status, benefits, and withholding of taxes.
  • Furnishing all information requested on employment forms is mandatory — failure to do so may delay or prevent approval of the action for which the form is being completed.
  • The Federal Privacy Act of 1974 requires that you be notified that disclosure of your Social Security number is required pursuant to the Internal Revenue Code. The Social Security number is used to verify your identity.
  • ASUCLA does not sell, lend, or exchange information furnished on forms except under the following circumstances: for use by ASUCLA/UCLA departments and/or contract services for payroll and personnel administration reasons; for use of Federal/State government agencies as required by laws/regulations; in response to other matters requiring compliance to applicable laws/regulations; when compelling circumstances make disclosure necessary in a health or safety emergency.
  • In such cases, an employee will be informed of disclosure of personal information made without his/her prior consent. A record of any such disclosure will be kept in the employee’s personal Employment File.
  • ASUCLA’s Human Resources Division will respond to requests for verifications of employment and will provide only information concerning dates of employment, most recent job title, and whether or not the employee is eligible for rehire.
  • Individuals may review any records retained in their personal Employment Files, which are located in ASUCLA’s Human Resources Division.
  • Employment forms and the information contained on them are maintained by ASUCLA’s Human Resources Division.

Stipends

This policy applies also to individuals in stipend assignments at ASUCLA.

“Employment Files”

Policy Supersedes Effective
#141 4/1/96 12/1/97

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.


You are required to notify your supervisor or manager in the event
you change your name, address or phone number.

“Fingerprinting”

Policy Supersedes Effective
#143 7/1/2012 8/1/2015

As a condition of employment, ASUCLA requires that fingerprinting be conducted when deemed appropriate due to the nature of a new position and/or for employees who are under consideration for promotion, reclassification or transfer to a new position.

Positions considered as critical and/or sensitive requiring fingerprinting include:

  • Customer Service Supervisors for Store (162,181,182) and Food Services (192,196)
  • Customer Service Lead Supervisors for Store (163) and Food Services (193)
  • Customer Senior Service Supervisors for Store (165) and Food Services (194)
  • Store Customer Representatives (160) with DMV Pull Notices
  • Loss Prevention Agents
  • Building Managers

In addition, other employees that work in the following departments shall be fingerprinted:

  • Accounts Payable/Accounts Receivable
  • Main Cashiers Office
  • Post Office
  • Catering

Candidates in the categories listed above shall be sent to UCLA Police department for fingerprint examination. UCLA Police Department will serve as the Office of Record for criminal record background checks and background information obtained regarding fingerprint data. Copies of the information obtained by UCPD will be provided to ASUCLA Human Resources.

If a candidate disputes the accuracy of any information obtained in the criminal records check, s/he should be referred to the agency that provided the information.

ASUCLA Human Resources shall be responsible for assuring that a fingerprint examination is conducted when an employee is promoted or reclassified to any of the positions listed above unless they have already been fingerprinted.

“Smoke Free Environment”

Policy Supersedes Effective
#146 12/1/97
1/1/2001
5/1/2004
8/1/2005
7/1/2013

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’ Student Psychological Services at (310) 825-0768.

Stipends

This policy applies also to individuals in stipend assignments at ASUCLA.

“Standards For Appearance”

Policy Supersedes Effective
#151 12/1/97
1/1/2001
8/1/2005

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:

  • Employees and their attire must be clean, neat and/or well groomed when working.
  • Strapless, halter, midriff and off-the-shoulder styles of shirts, blouses and dresses are not allowed.
  • Low-cut, sheer or otherwise revealing styles of clothing (including some tank tops and spandex leggings) are not allowed.
  • Skirt, dress and shorts lengths that rise above mid-thigh when you are seated are not permitted.
  • Attire that is obscene, vulgar or offensive to others is not permitted.
  • Employees are not permitted to wear attire of any type that is adorned with printed statements, buttons or pins, unless issued by the department.

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.

Stipends

This policy applies also to individuals in stipend assignments at ASUCLA.

“Family & Personal Relationships”

Policy Supersedes Effective
#156 4/1/96
1/1/2001
8/1/2005
7/1/2007

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:

  • When a supervisory relationship would exist between them;
  • When they would have the same Division Manager;
  • When they would be working closely together;
  • When potential conflict of interest, or even the appearance of a conflict of interest, may arise due to concerns of: morale; data security; compensation; safety; trade secrets; proprietary information; purchasing and vendor selection; loss control; as well as other business considerations.

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.

Stipends

This policy applies also to individuals in stipend assignments at ASUCLA.

“Attendance”

Policy Supersedes Effective
#161 12/1/97
1/1/2001
8/1/2003

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.

Notification of Absence or Tardiness

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

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:

  • One absence.
  • A number of consecutive days of absence.

Excessive Tardiness

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 written warning
1 additional at any time dismissal

* Tardiness is defined as:

  • Reporting to work more than 5 minutes past the commencement of the scheduled shift.
  • Returning to work from break or meal periods at any time past the scheduled time of return.

Unnotified Absences

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.

“DMV Pull Notice System”

Policy Supersedes Effective
#166 12/1/97
1/1/2001
8/1/2005

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.

Stipends

This policy applies also to individuals in stipend assignments at ASUCLA.

“Solicitation”

Policy Supersedes Effective
#171 12/1/97
1/1/2001
8/1/2005

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.

Stipends

This policy applies also to individuals in stipend assignments at ASUCLA.

“Employee Check Writing”

Policy Supersedes Effective
#176 12/1/97
1/1/2001
8/1/2005

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:

  • The employee will receive corrective action up to and including immediate dismissal.
  • Additionally, the employee must reimburse ASUCLA in cash for the amount of purchase plus bank and administrative service charges, on or before the next pay day.

When an employee fails to provide the reimbursement on or before the next pay day:

  • ASUCLA retains the right to initiate repayments through payroll deductions.
  • Immediate dismissal may occur.

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.

Stipends

This policy applies also to individuals in stipend assignments at ASUCLA.