- 320.010 Equal Employment/Educational Opportunity Policy
- AIDS Policy Statement
- 600.020 Sex Discrimination, Sexual Harassment and Sexual Misconduct in Education/Employment Policy
- Mandatory Training
- Confidentiality of Personnel Records
- Personnel Record Retention Guide
- General Administrative Records Retention Guide
- Confidentiality of Student Records
- Student Record Retention Guide
(UM CR&R 110.005)
This policy applies to all users including faculty, staff, students and guest users of University of Missouri computer networks, equipment or connecting resources.
- University Inspection of Personal Electronic Information
Electronic information on University networks or equipment, including, but not limited to, electronic mail and personal information is subject to examination by the University where:
- It is necessary to maintain or improve the functioning of University computing resources
- Where there is a suspicion of misconduct under University policies, or suspicion of violation of Federal or State laws
- It is necessary to comply with or verify compliance with Federal or State law
- Acceptable Use Guidelines
- Responsibilities of Users of University Computer Resources:
- Respect the intellectual property rights of authors, contributors and publishers in all media.
- Protect user ID, password and system from unauthorized use.
- Adhere to the terms of software licenses and other contracts. Persons loading software on any University computer must adhere to all licensing requirements for the software. Except where allowed by University site licenses, copying software licensed for University use for personal use is a violation of this policy.
- Adhere to other University and campus policies, including the Collected Rules and Regulations of the University of Missouri, and, if applicable, the University Business Policy Manual, Human Resources Manual and policies established for a specific resource.
- Adhere to data access policies of the University or those established by law.
- Use University computer resources in a manner that is compliant with University policies and state and federal law.
- Prohibited Uses of University Computer Resources:
- Unauthorized or excessive personal use. Use may be excessive if it overburdens a network, results in substantial use of system capacity, or otherwise subjects the institution to increased costs or risks. (Employees additionally may be subject to discipline for unauthorized or excessive personal use of computer resources.)
- Uses that interfere with the proper functioning of the University’s information technology resources.
- Uses that unreasonably interfere with the ability of others to make use of University computer resources.
- Attempting to gain or gaining unauthorized access to the computer system or files of another.
- Use of University computer resources to infringe the intellectual property rights of others.
- Use of University computer resources for personal profit, except as permitted under the University’s conflict of interest policy.
- Enforcement of Acceptable Use Policy
Violation of the Acceptable Use Policy may result in a denial of access to University computer resources, and those disciplinary actions provided or authorized by the Collected Rules and Regulations of the University of Missouri.
(UMKC – http://catalog.umkc.edu/special-notices/acceptable-use-policy/)
Students who violate these guidelines will be subject to sanctions as outlined in section 200.010 of the Student Conduct Code. All such cases will be forwarded to the Primary Administrative Officer in the Student Life Office for appropriate action. Violations of some of the above guidelines may constitute a criminal offense. Individuals using UMKC computing resources are urged to review the University Business Policy Manual, Computer Crimes Bill passed by the Missouri State Legislature and the MOREnet Acceptable Use Policy.
(UMKC – https://www.umkc.edu/is/policies/Computer%20Usage.asp)
University owned or operated computing resources are provided for use by faculty, students, staff, and authorized associates of the University of Missouri-Kansas City. All faculty, students, staff, and associates are responsible for use of UMKC computing resources in an effective, efficient, ethical, and lawful manner consistent with local, state, and federal laws, the UM System Acceptable Use Policy (AUP) and the MOREnet Acceptable Use Policy. The following relate to the use of UMKC’s computing resources:
- Computing resources and accounts are owned by the University, and are to be used for University-related activities, and are not to be used for commercial purposes or non-university related activities. Per the AUP, excessive personal use is prohibited.
- A user ID, called a Single Sign-On or SSO, assigned to an individual must not be used by others. Faculty, students, staff, and associates are individually responsible for the proper use of their SSO, including proper password protection and appropriate use of Internet resources. Allowing friends, family, or co-workers to use one’s SSO, either locally or through the Internet, is a violation of the AUP.
- Information Services and other IT personnel may only access user’s files/accounts in accordance with the AUP. Access by Information Services personnel or other IT personnel requires approval by the appropriate institutional official, or as required to comply with local, state, or federal law.
- University computing resources cannot be used to intimidate or create an atmosphere of harassment based upon gender, race, religion, ethnic origin, creed, or sexual orientation. Chain letters, mass mailings, and repeated sending of email after being requested to stop are also examples of inappropriate uses of University electronic communications resources.
- Software use must conform to copyright laws and licensing agreements.
- For the protection of all UMKC computer users, an individual’s computer use privileges may be suspended or restricted immediately upon the discovery of a possible violation of the AUP or other campus policies. The individual’s access may be removed or de-activated or privileges removed from one or all University computing systems permanently or until the matter is completely resolved.
(UM CR&R 320.010)
Equal Opportunity is and shall be provided for all employees and applicants for employment on the basis of their demonstrated ability and competence without discrimination on the basis of their race, color, religion, sex, sexual orientation, gender identity, gender expression, national origin, age, genetic information, disability status, protected veteran status or any other characteristic protected by law. This policy shall not be interpreted in such a manner as to violate the legal rights of religious organizations or military organizations associated with the Armed Forces of the United States of America.
Equal Opportunity is and shall be also provided for all students and applicants for admission in compliance with existing legislation.
The Affirmative Action office is responsible for coordinating UMKC’s Affirmative Action and Equal Opportunity program, monitoring the University’s compliance with federal and state laws, regulations and the investigation of discrimination and harassment complaints by students, faculty and staff against University employees. Additional information may be found on the Affirmative Action website: http://www.umkc.edu/HR/Affirmative-Action/AAP.asp
(UMKC – http://catalog.umkc.edu/special-notices/umkc-aids-policy-statement/)
Faculty, staff and students should be aware that discrimination on the basis of race, color, religion, national origin, ancestry, sex, sexual orientation, age and handicap (to include AIDS), is prohibited by state law. All are expected to conduct university-related activities without any such discrimination. Failure to fulfill these obligations may subject faculty, staff and students to disciplinary action. Such action shall be taken in accordance with the following University of Missouri procedures: Rules of Procedure in Student Disciplinary Matters and the Dismissal for Cause Procedure.
Those who feel they may have been discriminated against may use the Grievance Procedure for Administrative, Service and Support Staff; Discrimination Grievance Procedure for Students; and Academic Grievance Procedures.
This statement is based on the recommendations of the Missouri Human Rights Commission and is in accordance with the statements of professional responsibility and codes of ethics of the Association of American Medical Colleges, the American Medical Association, the American Dental Association, and the National League of Nursing.
(UM CR&R 600.020)
The policy set forth in this rule is intended to supplement the existing policies of the University of Missouri System and its respective campuses, as those policies relate to Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. Sections 1881 et seq., and its implementing regulations, 34 C.F.R. Part 106, Title VII of the Civil Rights Act of 1964 and its implementing regulations, 29 C.F.R. Part 1604.11, and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. 1092(f). In all informal or formal procedures involving allegations of Sex Discrimination, Sexual Harassment or Sexual Misconduct, regardless of any language found within the applicable procedural rules, the following shall apply:
- Sex Discrimination, Sexual Harassment and Sexual Misconduct in Education
Sex discrimination is prohibited by University policy and law in educational programs, activities and employment. Title IX applies to all students, employees, volunteers and visitors at the University and prohibits sexual harassment, sexual misconduct, and other forms of sex discrimination as defined in Section 600.020C of the Collected Rules and Regulations. Additionally, there is a specific application of Title IX in athletic programs to ensure gender equity and that women and men have equitable access to sports opportunities. As used in this policy, the word “sex” is also inclusive of the term “gender.”
- Statement of Nondiscrimination
As stated in its applicable rules and policies, the University of Missouri does not discriminate on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, age, disability or status as a protected veteran. The University affirms its commitment to providing equal opportunities by establishing the Equal Opportunity Policy statement in Section 320.010 of the Collected Rules and Regulations. The University’s nondiscrimination policies apply to any phase of its employment process, any phase of its admission or financial aid programs, and other aspects of its educational programs or activities. Additionally, this policy and the existing Title IX policies apply to allegations of sexual misconduct or allegations of other forms of sex discrimination, as defined in Section 600.020C below, occurring within the University’s educational programs and activities and instances occurring in other settings, including off-campus if there are effects of the conduct that interfere with or limit students’ ability to participate in or benefit from the University’s educational programs and activities. Notices of nondiscrimination are posted on the websites and at other locations for the UM System and each of the campuses.
- Sex Discrimination. Sex discrimination occurs when a person has been treated inequitably based on sex, gender identity, or gender expression. Specifically, the University of Missouri System upholds Title IX, which states in part that “[n]o person in the United States shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity.” Sexual harassment, sexual misconduct, sexual exploitation, stalking on the basis of sex and dating/intimate partner violence are forms of sex discrimination.
- Sexual Harassment. Sexual harassment is defined as:
- Unwelcome sexual advances or requests for sexual activity by a person or persons in a position of power or authority to another person, or
- Other unwelcome verbal or physical conduct of a sexual nature by a person to another person, when:
- Submission to or rejection of such conduct is used explicitly or implicitly as a condition for academic or employment decisions; or
- Such conduct creates a hostile environment by being sufficiently severe or pervasive and objectively offensive that it interferes with, limits or denies the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits or opportunities.
- Sexual Misconduct. Sexual misconduct is: 1) nonconsensual sexual intercourse; 2) nonconsensual sexual contact involving the sexual touching of the genitals, breast or anus of another person or the nonconsensual sexual touching of another with one’s own genitals whether directly or through the clothing; 3) exposing one’s genitals to another under circumstances in which he or she should reasonably know that his or her conduct is likely to cause affront or alarm; or 4) sexual exploitation.
- Stalking on the Basis of Sex. Stalking on the basis of sex is following or engaging in a course of conduct on the basis of sex with no legitimate purpose that puts another person reasonably in fear for his or her safety or would cause a reasonable person under the circumstances to be frightened, intimidated or emotionally distressed.
- Dating/Intimate Partner Violence. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the recipient of the violent behavior.
- Sexual Exploitation. Sexual exploitation occurs when one person takes nonconsensual or abusive sexual advantage of another person for his/her own advantage or benefit or for the advantage or benefit of anyone other than the person being exploited and which behavior does not constitute any other form of sexual misconduct. Examples of sexual exploitation include, but are not limited to, the following activities done without the consent of all participants:
- Invasion of sexual privacy;
- Prostituting another person;
- Taping or recording of sexual activity;
- Going beyond the boundaries of consent to sexual activity (letting your friends hide to watch you engaging in sexual activity);
- Engaging in voyeurism;
- Knowingly transmitting an STI, STD, venereal disease or HIV to another person;
- Inducing another to expose their genitals.
- Consent to Sexual Activity. Consent to sexual activity is knowing and voluntary. Someone who is incapacitated cannot consent. Silence or absence of resistance does not establish consent. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent must be obtained at the time of the specific activity and can be withdrawn at any time. Lack of consent or withdrawal of consent may be communicated by words or non-verbal acts. Coercion and force, or threat of either, invalidates consent.
- Incapacitated. Sexual contact with someone one knows to be or should know to be incapacitated is a violation of policy. An individual who is incapacitated lacks the capacity to give knowing consent. Incapacitation can be due to the use of drugs or alcohol, when a person is asleep or unconscious, or because of an intellectual or other disability that prevents the individual from having the capacity to give consent.
- Complainant. The person who is the alleged victim of discrimination under this policy.
- Accused. The person, persons or student organizations alleged to have violated this policy.
- Title IX Coordinators
Duties and responsibilities of the University’s Title IX Coordinators include monitoring and oversight of overall implementation of Title IX compliance at the University, including coordination of training, education, communications, and coordination with grievance procedures for faculty, staff, students and other members of the University community. The University may designate Deputy Coordinators as needed to assist in fulfillment of the Coordinator’s duties and responsibilities.
NOTE: All references to “Title IX Coordinator” throughout this policy refer to the Title IX Coordinator or the Coordinator’s designee (typically a Deputy Coordinator).
Any person having inquiries concerning the application of Title IX should contact the Director of the Office of Affirmative Action and Title IX Coordinator (x6910).
If the complaint involves the University’s Title IX Coordinator, complaints may be made to the System Title IX Coordinator. If the complaint involves the System Title IX Coordinator, reports may be made to the System President.
- Reporting Sexual Harassment including Sexual Misconduct
- Students, Employees, Volunteers and Visitors. Students, employees, volunteers and visitors of the University who have experienced any form of sex discrimination, including sexual harassment or sexual misconduct, are encouraged to report the incident promptly to the appropriate Title IX Coordinator listed in Section 600.020D above. For questions regarding confidentiality or requests that the complaint not be pursued, see Section 600.020F below. In order to foster reporting and participation, the University may provide amnesty to Complainants and witnesses for minor student conduct violations ancillary to the incident.
- Mandated Reporters. Any employee of the University who becomes aware of sex discrimination as defined in this policy (including sexual harassment, sexual misconduct, stalking on the basis of sex, dating/intimate partner violence or sexual exploitation) is a Mandated Reporter, regardless of whether the recipient of the behavior is a student, employee, volunteer or visitor of the University. Exception: Employees with a legal obligation or privilege of confidentiality (including health care providers, counselors, lawyers, and their associated staff) are not considered Mandated Reporters and are not required to report when the information is learned in the course of a confidential communication. This also means that the employee seeking the exemption is employed by the University for that specific purpose and was acting in that capacity when the confidential disclosure was made. If the information is not learned in the course of confidential communication (for example, behavior is observed in class) then the employee has the same obligation as a Mandated Reporter. Consistent with the law and upon approval from the Office of General Counsel, campuses may also designate non-professional counselors or advocates as confidential for purposes of this policy and, therefore, excluded from the definition of Mandated Reporters. However, these individuals are required once per month to report to the Title IX Coordinator aggregate, non-personally identifiable information regarding incidents of sex discrimination reported to them. The aggregate data report should contain general information about individual incidents of sexual violence such as the nature, date, time, and general location of the incident. Confidentiality in this context is not the same as privilege under the law.
- Required Reporting and Disclosure. A Mandated Reporter is required to promptly report the information to the appropriate Title IX Coordinator. The Mandated Report must be made regardless of whether the person reporting the information to the Mandated Reporter requests confidentiality and regardless of how the Mandated Reporter becomes aware of the offensive behavior (personal observation, direct information from the subject of the behavior, indirect information from a third party, etc.). If the Complainant requests confidentiality or that the charges not be pursued, the Mandated Reporter should warn the Complainant that, at this stage in the process, the Mandated Reporter must report all known information to the Title IX Coordinator.
- Content of Mandated Report to Title IX Coordinator. Mandated Reporters must report all details that they possess. This includes names of the parties, if known, and all other information in the mandated reporter’s possession.
- Requests for Confidentiality or Not to Pursue a Preliminary Investigation
- The Title IX Coordinator or other appropriate official should inform and obtain the consent from the Complainant before beginning a preliminary investigation. If the Complainant requests confidentiality or asks that the complaint not be pursued, the Title IX Coordinator should take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If a Complainant insists that identifiable information, such as the Complainant’s name, not be disclosed to the Accused, the Title IX Coordinator should inform the Complainant that the institution’s ability to respond may be limited. The Title IX Coordinator should evaluate the Complainant’s request in the context of providing a safe and nondiscriminatory environment for all students.
- After due deliberation of the Complainant’s request, and in accordance with Title IX, the Title IX Coordinator may decide not to proceed with an investigation or referral to the appropriate procedural process. Such a decision should be well-reasoned and documented. If, after due deliberation, the Title IX Coordinator decides the University cannot or should not take disciplinary action with respect to the Accused, the Title IX Coordinator should consider other steps to limit the effects of the alleged harassment and prevent its recurrence, and remedy its effects on the victim and the University community.
- Cooperation with Law Enforcement
In accordance with federal law, the Title IX Coordinator will not wait for the conclusion of a criminal investigation or criminal proceeding to begin the Title IX preliminary investigation. It may be necessary to delay temporarily the fact-finding portion of a Title IX preliminary investigation while the police are gathering evidence. The Title IX Coordinator will promptly resume the preliminary Title IX investigation as soon as notified by the law enforcement agency that it has completed the evidence-gathering process. The Title IX Coordinator will implement appropriate interim steps during the law enforcement agency’s investigation period to provide for the safety of the Complainant and the campus community and the avoidance of retaliation.
- Interim Remedies Available During Investigation
During the preliminary investigation and procedural process and prior to a determination whether the alleged violation has occurred, the Title IX Coordinator or other authorized administrators may provide interim remedies including, but not limited to, one or more of the following:
- Referral and facilitating access for Complainant to counseling, medical services and/or mental health services.
- Implementing contact limitations on the Accused or on all parties.
- Referral of Complainant to victim advocacy and support services either on and/or off-campus.
- Referral of Complainant to academic support services and any other services that may be beneficial to the Complainant.
- Adjusting the courses, assignments, exam schedules of the Complainant and/or the Accused.
- Adjusting the work schedules, work assignments, supervisory responsibilities, supervisor reporting responsibilities or work arrangements of the Complainant and/or the Accused.
- Altering the on-campus housing assignments, dining arrangements, or other campus services for either the Complainant and/or the Accused.
- Altering the extracurricular activities of either the Complainant and/or the Accused.
- Providing transportation accommodations for the Complainant.
- Informing the Complainant of the right to notify law enforcement authorities of the alleged incident and offering to help facilitate such a report.
- Suspending, on an interim basis, the Accused from University housing, classes, the University campus/facilities/events and/or all other University activities or privileges for which the Accused might otherwise be eligible, when the Appropriate Administrative Officer or designee finds and believes from the available information that the presence of the Accused on campus would seriously disrupt the University or constitute a danger to the health, safety, or welfare of members of the University community. The appropriate procedure to determine the status of the student will be initiated within seven business days.
- In all cases in which an interim suspension is imposed, the Accused will be given the opportunity to meet with the Appropriate Administrative Officer prior to such suspension being imposed, or as soon thereafter as reasonably possible, to show cause why the suspension should not be implemented.
- At the discretion of Appropriate Administrative Officer, alternative coursework options may be pursued to ensure as minimal an impact as possible on the Accused.
- The Appropriate Administrative Officer has sole discretion to implement or stay an interim suspension and to determine its conditions and duration.
- Violation of an interim suspension under this policy will be grounds for expulsion.
- Institute leave from work with or without pay for the Complainant and/or Accused.
- Preliminary Investigation
A preliminary investigation into the report shall be conducted by the Title IX Coordinator or designee. For questions regarding confidentiality or requests that the complaint not be pursued, see Section 600.020F above. The purpose of the preliminary investigation is to gather enough information to refer the matter to the appropriate procedural process and to provide appropriate interim remedies. The preliminary investigation shall be conducted promptly (typically 2-3 days).
At the conclusion of the preliminary investigation the Complainant will be provided written information regarding the appropriate procedural process and interim remedies.
In all informal or formal procedures involving allegations of Sex Discrimination, Sexual Harassment or Sexual Misconduct, regardless of any language found within the applicable procedural rules, the following shall apply:
- The standard of proof shall be “preponderance of the evidence”, defined as determining whether evidence shows it is more likely than not that a policy violation occurred.
- The Title IX Coordinator will determine if conflict resolution is appropriate, based on the willingness of the parties, the nature of the conduct at issue, and the susceptibility of the conduct to conflict resolution. Conflict resolution is often used for less serious, yet inappropriate, behaviors and is encouraged as an alternative to the Informal Resolution or Formal Resolution processes to resolve conflicts. Mediation is never utilized in cases involving allegations of nonconsensual sexual intercourse or nonconsensual sexual contact. In a conflict resolution meeting, the Appropriate Administrative Officer will facilitate a dialogue with the parties to an effective resolution, if possible. The Appropriate Administrative Officer utilized for Conflict Resolution may not be the same as the Appropriate Administrative Officer used in either the Informal Resolution or Formal Resolution Processes.
- Informal resolution procedures are optional and may be used when the University determines that it is appropriate and both the Complainant and the Accused are agreeable. Either the Complainant or the Accused may end the informal procedure at any time prior to a finding being rendered, and move to the formal procedure. Once a finding is rendered in the informal process, then the right to the formal process is waived and the informal process is complete. The finding of the informal process remains subject to appeal.
- Both the Complainant and the Accused will be given notice of the procedure, a hearing (if applicable), and equal opportunity to present witnesses and evidence.
- Questioning or evidence about the Complainant’s prior sexual conduct with anyone other than the Accused is prohibited.
- The Accused may not directly question the Complainant and the Complainant may not directly question the Accused. However, if both Complainant and Accused request the opportunity, direct questioning between the parties will be permitted. Otherwise questions will be directed through the Chair, the Investigator or the Appropriate Administrative Officer and those questions deemed appropriate and relevant will be asked on behalf of the requesting party.
- The resolution process will normally be resolved within 60 calendar days. Deviations from this timeframe will be promptly communicated to both parties.
- Both the Complainant and the Accused will be given periodic updates.
- The Complainant and the Accused will be notified in writing of the outcome of the resolution process.
- Remedies available once Investigation is concluded. The Title IX Coordinator or other authorized administrators may immediately provide the Complainant with appropriate remedies including, but not limited to, one or more of the following:
- Providing escort services to assure that the Complainant can move safely between classes and activities;
- Removing the person found responsible from classes or extracurricular activities which include the Complainant or otherwise assuring that the Complainant and the person found responsible are not required to share the same classes or extracurricular activities;
- Moving the person found responsible to a different residence hall to assure that the Complainant and the person found responsible are not required to share the same residence hall;
- Providing the Complainant with comprehensive victim services including medical services, counseling and academic support services such as tutoring;
- Arranging for the Complainant to have extra time to complete or re-take a class or withdraw from a class without an academic or financial penalty; and
- Any of the interim remedies outlined in Section 600.020H above.
- Any available appeals process must be equally available for both the Complainant and the Accused.
- Sanctions for those found responsible for violating the University’s sex discrimination, sexual harassment or sexual misconduct policies range from warning up to and including expulsion for students, and for employees and faculty, range from a warning up to and including termination of employment. Generally speaking, the University considers Non-Consensual Sexual Intercourse violations to be the most serious, and therefore typically imposes the most severe sanctions, including suspension, dismissal, or expulsion for students and termination for employees. However, the University reserves the right to impose any level of appropriate sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any act of sex discrimination, sexual harassment or sexual misconduct, including dating/intimate partner violence, non-consensual sexual contact and stalking based on the facts and circumstances of the particular complaint.
Failure to comply with this policy can result in disciplinary action. Employees also are cautioned that non-compliance with this policy may increase their risk of personal liability. Further, an individual who fails to report as required under this policy may be determined to be ineligible for defense or protection under Section 490.010 of the Collected Rules and Regulations for any associated claims, causes of action, liabilities or damages.
Retaliation is any adverse action taken against a person because of that person’s participation in protected activity. The University strictly prohibits retaliation against any person for making a report required by this policy, for making any good faith report to a Title IX Coordinator or for filing, testifying, assisting, or participating in any investigation or proceeding involving allegations of sex discrimination, sexual harassment or sexual misconduct. Any person who engages in such retaliation shall be subject to disciplinary action in accordance with applicable procedures. Examples of prohibited retaliation include, but are not limited to, giving a lesser grade than the student’s academic work warrants because the student filed a complaint of sexual harassment; giving lower than justified performance appraisals because a person was a witness in an investigation of alleged sexual harassment; and threatening to spread false information about a person for filing a complaint of sexual harassment.
- False Reporting
False reporting is making an intentional false report or accusation in relation to this policy as opposed to a report or accusation, which, even if erroneous, is made in good faith. False reporting is a serious offense subject to appropriate disciplinary action ranging from probation up to and including expulsion or termination.
- Office of Civil Rights
Inquiries concerning the application of Title IX also may be referred to the United States Department of Education’s Office for Civil Rights. For further information on notice of nondiscrimination, visit
http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm and for the address and phone number of the U.S. Department of Education office which serves your area, or call 1-800-421-3481. The State of Missouri regional Office of Civil Rights is located in Kansas City and is available to provide assistance.
- Preventing Employment Discrimination Training – The University of Missouri values a work environment where all employees are treated equitably – and we share in the responsibility of sustaining that work environment. We are accountable to each other and our stakeholders to know and follow standards in our workplace. The preventing employment discrimination online training course helps us with our responsibility to prevent employment discrimination in all forms, while at the same time creating an environment that supports optimal productivity and engagement. Anyone employed full-time or part-time by the University of Missouri is to complete this training. This training is available anywhere, 24 hours a day, seven days a week and takes approximately 60 minutes to complete. There is no limit on how many times an individual can review the training or answer the test questions. A test score of 80 percent or above is required.
- Harassment: What It Is and How to Stop It – A major goal of our University community is to provide an environment that supports the highest level of performance and well-being for all our faculty, staff and students. Every employee has the responsibility to maintain a harassment free work and learning environment. Harassment in the workplace or the educational environment is unacceptable conduct. Anyone employed by the University of Missouri is required to successfully complete an online course, Harassment: What It Is and How to Stop It. This training is available anywhere, 24 hours a day, seven days a week and takes approximately 45 minutes to complete. After reviewing the training materials, you must complete the mastery test with a score of at least 80%. You may review the materials as many times as needed.
- Title IX: Mandatory Reporting of Sex Discrimination (Including Sexual Harassment or Misconduct) – This update to the Harassment course incorporates changes and clarifications, including mandatory reporting in accordance with Title IX. Title IX is a federal law that prohibits sex discrimination, including sexual harassment or sexual misconduct, in the University’s programs and activities. The University has appointed Title IX Coordinators and Deputies who have authority and training to address sex discrimination. University rules require employees to promptly report sex discrimination against a student, other employee, volunteer or visitor to a Title IX Coordinator or Deputy. This includes any form of sex discrimination, including sexual harassment and sexual misconduct. The University has issued a detailed training course about these mandatory reporting obligations.
- FERPA (Family Educational Rights and Privacy Act of 1974) – UMKC conforms to federal regulations known as the Family Educational Rights and Privacy Act, or FERPA. The purpose of FERPA is to provide rights to students and their families with regard to access and privacy of academic records. FERPA guarantees students at the postsecondary level the right to inspect and view their academic records. It also prohibits UMKC from releasing information from a student’s record to any third party unless the student authorizes the release. Anyone employed by the University of Missouri who will have access to student records (Pathway) is required to successfully complete an online course, FERPA Training. This training is available anywhere, 24 hours a day, seven days a week and takes approximately 45 minutes to complete. After reviewing the training materials, you must complete the mastery test with a score of at least 80%. You may review the materials as many times as needed.
(UM CR&R 370.010)
The Board of Curators, the faculty, and the administration of the University of Missouri recognize the importance of providing a prompt and efficient procedure for fair and equitable resolutions of grievances with the University without fear of prejudice or reprisal for initiating a grievance or participating in its settlement. To the extent possible, all grievances should be settled through informal discussions at the lowest administrative level, and disputed matters should be processed as formal grievances only when either party feels that a fair and equitable solution has not been reached in the informal discussions. Accordingly, the members of the faculty as defined in the rules and regulations, Section 310.020 A, including faculty who hold an administrative title or function, are encouraged to use this procedure for grievances relating to their status or activities as faculty members. Former faculty members may only use this process to grieve the non-renewal of their employment. This grievance procedure should not be used in connection with a matter relating to any administrative title or function which the faculty member currently holds or may also have had.
The success of this procedure is contingent upon the good faith effort of all participants. It is the responsibility of the Faculty Council, Senate and Campus Administration, and the University President to encourage and sustain such efforts, and to ensure that the procedure is followed in its entirety in its spirit as well as letter. The Chancellors will be responsible for ensuring that the determination reached in a grievance is implemented. The Faculty Council/Senate Oversight Committee will monitor this process, as per 370.010 C.11.c.
- Conflict of Interest — General Provisions
- Applicability. This policy is applicable to all University employees. Investigators involved in proposed or funded NSF or PHS (including NIH) research must also comply with CRR 420.030 pertaining to potential Conflicts with the Interests of Federal Grant Agencies. Additionally, for research involving human subjects, Researchers and certain University Officials must also comply with CRR 410.020 pertaining to Institutional Conflicts of Interest in Human Subjects Research.
- Policy. University employees shall faithfully discharge their duties and shall refrain from knowingly engaging in any outside matters of financial interest incompatible with the impartial, objective, and effective performance of their duties. They shall not realize personal gain in any form which would influence improperly the conduct of their University duties. They shall not knowingly use University property, funds, position or power for personal or political gain. They shall inform their supervisors in writing of reasonably foreseen potential conflicts.
- Sanctions. Conduct by an employee that violates the University’s policies, regulations or rules pertaining to conflict of interest shall constitute a breach of the employment contract and may lead to disciplinary action.
- Use of Confidential Information
Employees shall not use confidential information about the University obtained by reason of their employment with intent to cause financial gain to themselves or unfair advantage for another person.
- Prohibition Against Acceptance of Gifts
Employees of the University of Missouri shall avoid accepting gifts for personal use, directly or indirectly, from prohibited sources, except as permitted in Section 330.015C.2 below.
- For the purposes of this policy, the following definitions shall apply:
- Gift — Gift shall mean any tangible or intangible item or items having a monetary value in excess of $75.
- Prohibited Source — Prohibited source shall mean any person or entity, public or private, outside the University, with interests, financial or otherwise, that may be substantially affected by the recommendations, decisions, performance or non-performance of the official duties of the employee.
- Exceptions — The following shall not be considered a violation of this policy:
- Gifts that are available to the employee on the same conditions as for the general public;
- Educational materials utilized in the performance of the employee’s University job;
- Awards or honoraria administered by or through the University;
- Gifts from the employee’s relatives, by blood or marriage;
- Any item of food, refreshment, entertainment or other benefit provided to the employee while attending a meeting, conference or convention provided on the same conditions as for other attendees; provided that if the item could be considered as lavish, than approval must be obtained under subparagraph f below;
- Any gift if approved in writing in advance by an administrative superior who is a University General Officer, or in the event of the President, then approval of the Chair of the Board of Curators.
- Each General Officer approving acceptance of gifts under Section 330.015C.2.f shall report all such approvals annually to the President.
- Outside Business Interests of University Personnel
An employee’s outside employment or business activities and interests must not interfere with the employee’s regular duties nor represent a conflict of interest.
- Grants and Contracts. When it is proposed that the University of Missouri enter into (1) contracts for the sale of goods or services, or (2) research contracts or grants, or (3) other contracts, including those for technological transfer, with private firms or corporations in which a University employee knows he or she has a direct or indirect financial interest, the following procedure shall be followed:
- Before the proposed contract is executed by the University, the University employee shall make a full disclosure of such financial interest, in writing, which disclosure shall be forwarded to the official having contract approval authority. This disclosure shall also be filed in a registry appropriately located for public scrutiny for a period of at least ten (10) days prior to the approval of the contract.
- If there is a change in the financial interest of a University employee during the term of the contract, the change shall be reported immediately, in writing, and forwarded to the official having contract approval authority, and shall also be filed as required in Paragraph D.1.a above.
- If the financial interest of the University employee in the private firm or corporation is such that it could influence the decision-making process of the private firm or corporation and the employee could also influence the decision-making process of the University in entering into or performing the contract:
- 1) The University shall not enter into the contract or shall cancel the contract, if the terms of the contract so permit; or
- 2) The University employee shall take such action as is necessary to remove her or him from a relationship with the private firm or corporation which could influence the decision-making process of the private firm or corporation; or
- 3) The University shall establish a procedure to remove any opportunity for the University employee to influence the entering into the contract by the University or the manner in which the contract is performed by the University.
- Overlapping Business Activities. Before an employee enters into a business activity which overlaps with the University’s teaching, research, or service missions, the employee shall make full disclosure, in writing, to her or his immediate chairperson/supervisor, and such disclosure shall be filed as required in Paragraph D.1.a. above. The chairperson/supervisor and her or his dean/director/supervisor must approve or disapprove in writing the proposed activity.
- Full-time Employment – Faculty and Exempt Personnel. Full-time faculty and full-time exempt personnel may not be concurrently employed full-time with another employer. Effective September 1, 1983, an employee classified as at least 75% full-time equivalence with an indicated appointment duration of at least six months and who is regularly scheduled to work a minimum of 30 hours per week is considered a full-time employee.
- Teaching. An employee of the University who teaches either credit or non-credit courses not connected with the University may have a conflict of interest. To avoid conflicts of interest an employee must disclose the proposed teaching activity and secure written approval in advance from her or his department chairperson/supervisor and dean/director or the Provost on campuses having no schools or colleges. Approval for such teaching shall be granted unless the proposed teaching is not in the best interests of the University. In reaching the decision, the department chairperson/supervisor and dean/director or Provost on campuses having no schools or colleges should consider all relevant matters including such concerns as duplication of University courses or programs and accreditation standards.
- Faculty-Authored Textbooks and Other Educational Materials. Textbooks, tapes, software and other materials authored by the course instructor may be assigned to be purchased by students for a course taught by the author if the royalties arising from the purchase of the assigned materials are returned to the University of Missouri, another educational institution, a charitable organization, or a not-for-profit foundation. Any proceeds from other University uses of such materials, such as purchase by the library, shall be the property of the author. Course instructors or any other employee responsible for selecting, ordering, assigning course materials cannot accept gifts, development grants, or other compensation from any company or organization for the adoption of course textbooks, software or other educational material. See 330.015(C) for a description of gifts.
- Faculty and Exempt Personnel Consultation
Consultation, whether income producing or otherwise, is the application of professional and scholarly expertise in the external community. It is a significant means of professional improvement as well as a form of community service. However, consultation may in some instances also constitute a business interest requiring disclosure and approval when the entity for which the employee consults transacts business with the University or is in competition with the University, or where the consultation itself competes with the work of the University. In these instances the procedure in Paragraph D.1.a. is applicable.
It is the policy of the University to permit consulting activities which:
- are related to the professional interest and development of the faculty member or other exempt person,
- do not interfere with regular duties,
- do not utilize University materials, facilities, or resources except as provided in the University Business Policy and Procedure Classification Code 01-21 dated May 1, 1979,
- are in agreement with the American Association of University Professors/American Council on Education (AAUP/ACE) Statement on Conflict of Interest and with the requirements of accreditation for the particular school or unit in question,
- do not compete with the work of the University, and are not otherwise contrary to the best interest of the University,
- do not violate federal or state law, and
- do not represent a conflict of interest under other policies of the University.
Each division shall make an annual report to the Chancellor, or appropriate Vice President, indicating the aggregate time and the nature of the service performed for each individual engaged in consulting, including the area of technological transfer. These reports shall be transmitted annually to the President.
- Use of University Stationery
Official University stationery may not be used in outside business, personal, and other private or political activities of employees. However, for use in such activities, faculty may have printed at their own expense personal business stationery carrying their academic title, University address and telephone number.
- Use of University Logo
It is a violation of University policy to employ the name of the University or any of its graphic identification symbols in printed materials intended to endorse or promote individual enterprises or to otherwise enhance private gain without the written permission of the University President.
Appeals of decisions made under these procedures should be brought to resolution informally and at the lowest possible administrative level. Should attempts to resolve appeals informally fail, procedures set forth in Collected Rules and Regulations, 370.010 and 380.010, shall be followed.
(UM CR&R 330.065)
The University of Missouri promotes an atmosphere of professionalism based on mutual trust and respect. The integrity of interaction among faculty, staff and students must not be compromised. In that regard, consensual amorous relationships between members of the University community are prohibited when one participant has direct evaluative or supervisory authority over the other because such relationships create an inherent conflict of interest. Examples of such relationships that are prohibited include, but are not limited to, employee (faculty, staff or student)/student and supervisor (faculty, staff or student)/subordinate, when those relationships involve direct evaluative or supervisory authority. In such cases, the individual in the evaluative or supervisory position has an obligation to disclose the consensual amorous relationship to his or her administrative superior and to cooperate with the administrative superior in removing himself or herself from any such evaluative or supervisory activity in order to eliminate the existing or potential conflict of interest.
Should a violation of this policy be claimed by a person involved in the consensual amorous relationship, the matter shall be investigated by the appropriate University official or, if that person elects to file a grievance, under the appropriate University grievance procedure or, if the complainant believes he or she has been discriminated against based upon his or her sex, he or she may file a complaint with the Title IX Coordinator for the campus. Should any employee or student not involved in the consensual amorous relationship claim to have been adversely affected personally by a violation of this policy, the situation will be investigated by the appropriate University official or, if that person elects to file a grievance, under the appropriate University grievance procedure or, if the complainant believes he or she has been discriminated against based upon his or her sex, he or she may file a complaint with the Title IX Coordinator for the campus. A violation of this policy, regardless of the manner in which it is brought to the attention of the University, may lead to disciplinary action as appropriate, up to and including termination of employment in the most serious circumstances, following appropriate processes for such discipline.
For purposes of this policy, consensual amorous relationships exist when two individuals mutually and consensually understand a relationship to be romantic and/or sexual in nature except when those two individuals are married to each other. Direct evaluative or supervisory authority exists when one participant is personally involved in evaluating, assessing, grading, or otherwise determining the other participant’s academic or employment performance, progress or potential.
(UMKC – http://ors.umkc.edu/docs/pre-award/umkc-drug-abuse-prevention-policy-20040915.pdf)
The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited on all University property. Violations of this policy may result in discharge or other discipline in accordance with University policies and procedures covering the conduct of faculty, staff and students.
The University has an obligation to provide a healthy and safe environment for all students, employees, and visitors to its campuses. Consistent with this concern, the University offers the following resources to employees and students.
- Education and information about the dangers of drug abuse in the workplace.
- Programs which address the unlawful controlled substance use, including personnel actions that may result from such violations.
- Self-referrals, as well as supervisory referrals, to drug counseling and rehabilitation programs available through the University’s Employee Assistance Program and/or community agencies. Such referrals will respect individual confidentiality.
Each employee engaged in the performance of work supported by a federal grant or contract, as a condition of employment, must abide by the terms of the policy and must notify the University of any Criminal Drug Statute Conviction for a violation occurring in the workplace no later than five (5) days after such conviction. The University must notify the contracting agency within ten (10) days after receiving notice from the employee or otherwise receiving actual notice of such conviction.
Personal appearance, which includes hygiene, grooming and choices regarding jewelry and clothing, is a reflection of attitude towards oneself and the people one is likely to encounter.
In addition to the students, faculty administrators and support staff, there are frequently important visitors to the school whose impressions of the school will be formed, in part, by the appearance of those who represent the institution.
General guidelines for behavior regarding appearance: be clean, Minimize body odor, avoid being sexually provocative, avoid the use of appearance as a way of attracting undue attention to oneself.
Examples of unacceptable dress are as follows: clothing with emblems, slogans and symbols related to illicit substances, alcohol, tobacco products, obscene language or sexual connotations; micro-minis (more than three inches above the knee); crop tops, spaghetti strap tops or back-less tank tops; bare feet; and cutoff shorts. On the other hand, neatly tailored shorts and sandals would be appropriate in most non-clinical, non-formal settings.
Committees are expected to follow generally accepted good practices for committees. Such practices include, but are not limited to:
- Meetings should be called by the committee chair far enough in advance of the actual meeting date to allow reasonable opportunity for members to fit the meeting into their schedules and review any preparatory material.
- Minutes will be kept of all meetings of all committees. Minutes will include, at a minimum, the date and time of the meeting, members present, topics of discussion, and any decisions reached at the meeting.
- The committee chair will convey an electronic copy of the minutes of each meeting to the Associate Director and Director as soon as the minutes become available. With the exception of committees that deal with confidential issues, minutes of committees will distributed to all ALI staff and faculty.
(HR-114 Release of Employee Information – http://www.umsystem.edu/ums/rules/hrm/fullindex/hr114)
All personal employee information will be regarded as confidential, and careful consideration must be given to ensuring this confidentiality unless disclosure is required by law. The University is subject to statutory requirements which make public employees’ name, office address, position or job title, length of service, and salary information, and is published annually in the Official Manual of the State of Missouri. An employee may request to review his/her official personnel file by appointment with advance notice of at least one workday.
- Payroll Records – Payroll records include: Time Sheets, Reports of Absence, Bi-Weekly Time Rosters, Monthly Salary Roster (exception reporting), Expense Distribution Reports and Additional Earnings Reports are all used to document employee pay. These records are kept by departments in a number of ways: by employee, account, month, pay cycle, etc.
- Time Sheets and Reports of Absence are original records and are to be kept for five (5) years, then destroyed as confidential records. For staff paid from grant funds, the five (5) year retention period starts at the end of the grant. (Time sheets and Reports of Absence at UMSL are kept in Human Resources Office.)
- Time Rosters, Monthly Salary Rosters, Expense Distribution Reports, and Additional Earnings Reports are copies (Copy of Record retained in Payroll Departments) and are to be retained for reference value not to exceed two (2) years, then destroyed as confidential records.
- Employee File – The employee file contains records used to monitor the employee’s work career in the department. The file may include, but not limited to, the following:
- Personnel Action Forms, Supplemental Personnel Action Forms
- Vacation, Sick Leave & Personal Leave Notices
- Record of Vacation, Personal Days, and Sick Leave Reports
- Staff Benefit Forms
- Performance Appraisals
- Education Assistance Program Questionnaire and Authorizations
- Training/Development participation materials
- Letters related to job performance or other similar correspondence
- Emergency Contact Information (not Personnel Data Form/Personal Info Review Sheet)
- Job application, Resumé
- Disciplinary materials
- Vitae, updates, reprints of articles written*
- Tenure recommendations and correspondence regarding award or denial of tenure/promotion*
- Service reports indicating proportion of time devoted to teaching, research administration, etc.*
- Progress reports and evaluations*
Academic Staff files are to be retained for a period of reference value, not to exceed one (1) year after the employee’s termination, then transferred to University Archives.
The retention guide is as follows (done according to Academic Year):
- Accreditation Records older than five (5) years will be transferred to Campus Archives.
- Add/Drop Records will be retained for one (1) year or until contested grade resolved, then destroyed.
- Class Roll Records will be retained for one (1) year or until contested grade resolved, then destroyed.
- Course Records older than three (3) years will be transferred to Campus Archives.
- Curriculum/Syllabus older than five (5) years will be transferred to Campus Archives.
Student records are used to provide documentation of an undergraduate or graduate student’s academic progress within a the department. They may contain applications for program admission, grade reports, degree program requirements, lists of courses taken, exams taken, advisor’s notes, biographical information, graduation checklists, letters of recommendation, awards, correspondence, placement office files, etc.
The Family Educational Rights & Privacy Act (FERPA) requires that all student educational records be kept confidential. UM defines a student as “any person who is or has been in attendance at the University” (CR&R 180.020.B.10). UM defines a student educational record as “information or data recorded in any medium, including, but not limited to handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche” (180.020.B.9).
All UMKC employees with access to student records are required to complete FERPA training and to pass a test showing competence with the regulations before access is granted. Instructors are only to access these records in relation to a student’s academic progress. Any time an official record for a student is generated (grade sheets, correspondence, enrollment, change of level, etc.), a record is added to the student’s file.
For more information about this policy and how it is implemented, see Chapter II: Disclosure of Student Information (FERPA).
(Records Retention Guide: Academic Department Records – http://www.umsystem.edu/ums/fa/management/records/guide/academic)
The retention guide is as follows (done according to Academic Year):
- Advising Files/Student Folders older than five (5) years will be destroyed.
- Student Examination Records (Examinations, Tests and the like) will be retained for one (1) year or until contested grade resolved, then destroyed.
(UMKC – http://www.umkc.edu/stu-aff/student-handbook-learning-environment.asp)
The “open campus” has long been a traditional policy at UMKC. During formal sessions or in informal settings, the entire academic community, students, faculty and staff, have the right to hear and express varying viewpoints. These discussions often center on such areas as educational, research or service functions and objectives of the University.
In addition, the freedom to demonstrate in an orderly fashion as a means of presenting views is recognized by the University. However, UMKC does not condone demonstrations that interfere with the freedom of decision and action of other students or that prevents the free movement of students to or from classes, lectures, seminars or employment interviews. When such demonstrations occur, the institution and academic community must take action, even if such action protects the rights of just one student.
Freedom of expression is one of the hallmarks of a democratic society. While orderly demonstrations are not to be interpreted as infractions of University rules, disorderly demonstrations that disrupt the normal life on campus are considered violations. In these cases, individuals who are responsible will be subject to the established disciplinary procedures and policies.
The following time, place and manner policy applies to all rallies, demonstrations or similar activities: all events shall be registered through the Office of Student Involvement at least ten working days before the event by completing the permit request form. Any organization holding a rally, demonstration or like event shall appoint four students to act as marshals. It will be the duty of the marshals to ensure that all participants are properly instructed as to provisions of these regulations and that no action is performed which will reflect discredit on the student body or UMKC. The marshals’ names must be listed on the permit request form. The organization, as well as all individuals participating, are responsible for following the Student Conduct Code. If the organization is distributing handbills or leaflets, the group is responsible for the clean-up. Use of a sound system must be approved on an Area Equipment Request Form. Failure to abide by this policy may cause the permission for the use of the facility to be withdrawn at any time, or denial of future demonstrations.
(UMKC – http://info.umkc.edu/smokefree/policy/)
Results of a student-led initiative indicated that a significant majority of employees and students at the University of Missouri-Kansas City value smoke- and tobacco-free campuses. Therefore, the following policy has been adopted and applies to all university properties, employees, students and visitors. This policy replaces all previous smoking policies issued for the UMKC campuses and takes effect August 1, 2014. With this policy, the university reaffirms its commitment to provide a safe and healthy physical environment for its students, staff, faculty, patients and the general public associated with UMKC.
Smoking and Tobacco Policy
Tobacco use and smoking are prohibited throughout UMKC properties.
“Smoking,” as defined herein, means the act of drawing smoke or a vaporized substance into one’s mouth that has been ignited, combusted, or vaporized.
“Smoking Products” include, but are not limited to, tobacco, cloves, all cigarette products (cigarettes, bidis, kreteks, e-cigarettes, etc.) and all smoke-producing devices (cigars, pipes, hookahs, etc.).
“University of Missouri-Kansas City properties” include, but are not limited to:
- All outdoor common and educational areas; inside all university owned or leased buildings
- Campus sidewalks
- Campus parking lots and garages
- Recreational areas
- Outdoor stadiums
- University-owned and leased vehicles (regardless of location)
This smoking ban does not apply to public rights-of-way (sidewalks/streets) within the campus boundaries, as these are governed by City of Kansas City ordinance. A sidewalk that is adjacent to a city street is generally considered a public right of way and smoking is permitted. On the other hand, sidewalks that traverse the distance between the city streets to campus buildings are on UMKC properties, where smoking is not allowed.
General exceptions include:
Certain academic research activities may be allowed as approved by the Director of Environmental Health and Safety, provided that the research is conducted in an appropriately ventilated area.
Tobacco use will be allowed in enclosed personal vehicles, with the windows completely closed, in university parking areas on the Volker and Hospital Hill campuses.
Respect and Responsibility
Compliance with this UMKC Policy is the responsibility of each employee, student and visitor. Its success depends on an attitude of consideration and cooperation by smokers and nonsmokers alike. For questions, contact firstname.lastname@example.org.
All members of the university community share the responsibility for bringing it to the attention of visitors. Enforcement of the policy is the responsibility of each unit supervisor for his/her facility or unit, with reasonable enforcement efforts being made. Any complaints concerning the application of this policy should be brought to the attention of the appropriate university authorities.
The university is not asking anyone to quit. This policy simply means that no one can smoke tobacco products on the University of Missouri-Kansas City campuses. To alleviate common cravings and to feel more comfortable while on campus, tobacco users may purchase nicotine gum or patches or work with a UMKC smoking cessation coach.