COLLEGE OF LIBERAL ARTS FACULTY HANDBOOK

SECTION 8 APPENDIX

8.1 DRUG AND ALCOHOL POLICY

The University recognizes that alcohol, illegal drug and controlled substance abuse in the workplace has become a major concern. The University believes that prohibiting the use or influence of alcohol, illegal drugs, and controlled substances in the workplace will improve the safety, health, and productivity of our employees. The objective of the University's policy is to provide and maintain a safe and healthy workplace for all employees and to protect the students of the University.

Accordingly, the improper use, abuse, possession, distribution, manufacture, dispensation, purchase, transfer or sale of alcohol, controlled substances or illegal drugs by employees when on work time, on duty, on University premises or in other circumstances where an employee could adversely affect the University's reputation is prohibited. Employees must not report for duty, be on University premises or represent the University while under the influence of alcohol, illegal drugs or controlled substances.

On occasions where alcoholic beverages are served in conjunction with certain business or social events related to University business, employees should drink moderately and must be fit to perform their duties and other responsibilities in a safe and efficient manner.

An employee's use of a prescription or over-the-counter medicine can pose a significant risk to the safety of the employee and of others. Employees must report the use of medically authorized drugs or other substances that may impair job performance to their immediate supervisor and may be required to provide properly written medical authorization from a physician to work while using such authorized drug. It is the employee's responsibility to determine from the physician whether or not the prescribed drug would impair his/her job performance.

The University reserves the right to conduct employee drug and alcohol testing. The University has adopted a policy of reasonable suspicion drug and/or alcohol testing.

Reasonable Suspicion Testing. Employee drug and/or alcohol testing may be conducted whenever the University has a reasonable suspicion that an employee or a group of employees is under the influence of alcohol, illegal drugs, or controlled substances. 

Consent, Cooperation, and Consequences. Individuals taking a drug and/or alcohol test must sign a consent form for the test that allows release of the test results to the University. Any employee who refuses to consent to drug and/or alcohol testing, tampers with a sample, tests positive or otherwise violates this policy may be placed on leave with or without pay until an appropriate disciplinary action is determined, which may be up to and including termination. 

Inspections, Searches, and Investigations. The University also reserves the right to inspect and search all University property for alcohol, controlled substances or illegal drugs or related paraphernalia. 

Rehabilitation. The University attempts to provide employees the opportunity to deal with drug and alcohol related problems. Any employee who voluntarily requests assistance in dealing with a drug and/or alcohol problem is urged to seek professional counseling for an assessment and, if appropriate, to enter a treatment program. Generally, employees who self-refer to such programs before work performance problems arise will not be disciplined. Professional counseling and treatment programs for drug and/or alcohol problems may be available through University-provided health insurance. Any cost not covered by health insurance is the employee's responsibility. Generally, discontinuation of any involvement with drugs and/or alcohol is an essential requisite for participation in any treatment program.

As a result of disciplinary action arising from a drug and/or alcohol problem or as a condition of continued employment, an employee may be required to participate in a drug and/or alcohol treatment program. An employee who is so required will first be evaluated for drug and/or alcohol use by an accredited professional. An employee may be required to participate in follow-up care as part of a comprehensive drug and/or alcohol treatment program. Depending upon the nature of the conduct that led to the employee's mandated participation in a drug and/or alcohol treatment program, the employee may be required to submit to random blood and urine screening for drugs and/or alcohol for a specified period of time and to meet various performance standards that are imposed as a condition of continuing employment.

The University reserves the right to determine whether reasonable suspicion exists, the level of discipline to be applied and whether an employee should be given the opportunity to participate in a drug and/or alcohol treatment program. 

Definitions. For the purposes of this policy, the following definition of terms is provided:

A. Alcohol: Means ethyl alcohol (ethanol). References to use or possession of alcohol include use or possession of any beverage, mixture or preparation containing alcohol.

B. Controlled substances: Means any substance (other than alcohol but including prescription medicine) that has known mind or function-altering effects that may impair or affect the ability to perform work, the access to which is controlled by law.

C. Illegal drugs: Means any form of drug, narcotic, hallucinogen, depressant, stimulant, cannabis, or other substance capable of creating or maintaining impairment or otherwise affecting one's physical, emotional, or mental state; the sale, purchase, transfer, use or possession of which is prohibited by law.

D. Employee: Any individual who performs work for the University is subject to the provisions of these guidelines.

E. University premises: University premises includes all University property, facilities, parking lots, garages, workplaces, storage structures and University-owned vehicles and equipment.

F. Under the influence: A detectable level of alcohol, illegal drugs or controlled substances in an employee's blood or urine reported by the laboratory, or use of alcohol, illegal drugs or controlled substances that results in any noticeable or perceptible impairment of the employee's mental or physical faculties or job performance.

G. Reasonable suspicion: An observation or observations of an employee's condition or performance that indicates controlled substance, illegal drug or alcohol use that may impair an employee's faculties. Examples include altered work performance, appearance (including, for example, noticeable odor of an alcoholic beverage or marijuana), behavior or speech or involvement in or relation to an accident or incident or a "near miss" while in the course and scope of employment that results in or has the potential to result in physical injury or property damage.

Any questions about this policy should be referred to the Human Resources Office.

8.2 FINAL EXAM POLICY

PREAMBLE: This policy seeks to promote effective preparation for final examinations and optimal conditions for the synthesis and assimilation of course materials by designating and safeguarding specific days at the end of the semester to be devoted exclusively to study. This policy further seeks to assure that the full semester is available to complete course work by reaffirming that a semester does not end until the last day of final examinations. To enhance student learning and performance and to provide an environment for the fair and positive conclusion of work undertaken in all classes, the faculty of the College of Liberal Arts agrees to adhere rigorously to it.

The MAXIMUM length of a final examination is three hours. Faculty members may schedule shorter examinations if they wish. (10/10/67)

Faculty members are required to give their written examinations during the times indicated in the published schedule. Students are permitted to take early examinations by obtaining the instructor’s approval. (4/25/95)

The last written examination for a course is to be administered on the day scheduled for the course final examination. No evaluative instrument for a course, including an oral examination, it to be administered or due during the four calendar days prior to the beginning of final examinations. Final oral classroom presentations may extend into those four days but only during the regularly scheduled class times. Finally, a final examination and an additional evaluative instrument are not both to be administered and due on the scheduled day of the final examination. (4/25/95)

No classes or formal class activities are to be held during the Study Days that intervene between the end of classes and the beginning of final examinations or the Study Days that are scheduled during the week of final examinations. Faculty members are to be available for consultation with students during these times. (4/25/95)

Final examinations for half-semester courses are to be administered during the last regular class period. Final examinations for second half-semester courses are to be administered during final examination time for that class period as in full semester courses. (4/25/95)

Faculty members are to make separate arrangements with each student to administer final examinations in courses not covered in the published schedule. (4/25/95)

All faculty members in the College of Liberal Arts are to have on file in the library a representative sample final examination for each class taught, except in the case of a class that is being taught for the first time. (4/25/95)

8.3 EDUCATION RECORDS POLICY

Willamette University
Education Records Policy
(Complete Version, Adopted 12/21/96)

The Family Education Rights and Privacy Act (Public Law 93-380), effective November 19, 1974 (as amended by Public Law 93-568, the Buckley Amendment) is intended to ensure students the right to inspect, review, and control access to student educational records maintained by an educational institution.

Willamette University's education records policy is intended to comply with the requirements of the Family Educational Rights and Privacy Act (FERPA). Students will be informed annually of their FERPA rights by publication in the CLA Course Schedule for the fall semester and in related documents in the graduate schools. All school officials, as defined below, are expected to manage student records in their custody in accordance with FERPA regulations.

I.Definitions

Student - any person currently enrolled at Willamette University, or who has earned academic credit at Willamette University, not to include those who are deceased. Applicants for admission are not classified as students under FERPA.

 Institution - includes students in the College of Liberal Arts, School of Education, Atkinson Graduate School of Management, and College of Law.

 Educational records - any record (in handwriting, print, tape, film, computer, or other medium) maintained by the institution or an agent of the institution which is directly related to the student, except:

A staff member's personal records if kept in the sole possession of the maker of the record and not accessible or revealed to any other person except a temporary substitute for the maker of the record

Campus Safety records which are created and maintained by Willamette University's Campus Safety Office for safety and policy enforcement considerations and are not given to other officials of Willamette University; once these records are released to other offices, they are considered educational records

Employment records other than student workers (a record of an individual whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the student's employment)

Physician/psychiatrist/psychologist records if the records are used only for the treatment of a student and made available only to those persons providing the treatment

Alumni records which contain information about a student after he or she is no longer in attendance at the institution and which do not relate to the person as a student

Records maintained by Willamette University's legal counsel

 School official - an employee, trustee, or designated student of the institution (includes health/medical staff, a person employed by or under contract such as an attorney or auditor, a person employed by the Willamette University Campus Safety Office, and students serving on official committees or assisting school officials in the performance of their duties).

 Directory information - is defined as the following:

Name
Major field of study
Address
Sports participation history
Telephone number
Height, weight of athletes
Internet "email" address
Photographs
Current enrollment status
Honors and awards
Dates of attendance
Previous institutions attended
Degrees conferred and dates
Date and place of birth

Directory information may be released for any purpose at the discretion of school officials unless notified in writing by a student requesting that the information be withheld. The Fusser's Guide, the published campus directory, is the source of students' address, phone number, and "email address." 

Confidential information - includes but is not limited to the following:

All information (except for directory information) in the application for admission
Application for graduation
Willamette's Academic Evaluation Report
Requests for access to student records
Rank in class
Records in the Career Services Office
Test scores and/or results
Letters of warning, probation and dismissal
Transcripts of previous academic work
Petitions for exceptions to policy
Records in the Education Placement Office
All correspondence related to academic records
Willamette University transcript including records (including letters of acceptance, receipts, academic course grades and grade point average performance, leave of absence, withdrawal, etc.)

II. Access to Education Records and Release of Records

Student access - A student has access to all education records, and may personally view his/her education records within 30 days of the initial request, with the following exceptions:

Financial statement of the student's parents

Recommendation letters/statement for which the student has waived right of access, or which were maintained prior to January 1, 1975

Application records if the application was denied 

Copies of records - The institution reserves the right to deny copies of multiple educational records including transcripts if:

The student has unpaid financial obligations to Willamette;

There is an unresolved disciplinary action against the student;

The student lives within commuting distance of Willamette and the request is for documents other than the official transcript;

The education record requested is an exam or set of standardized test questions. 

Release of education records with student consent - A student may authorize the release of any or all parts of his/her education record to a third party providing the student's authorization is made in writing, signed, and dated. At the time of matriculation, the university will give undergraduate students an opportunity to sign a form authorizing parents to have access to grades, course schedule, and academic status information through a formal request. For parents to have access in subsequent years, the student must sign a release form each year. Parents will be provided information about the university's Educational Records Policy and the procedures for release of information. The university will encourage students and their parents to discuss the issue of access to grades, course schedule, and academic status and to reach an understanding about the sharing of information about academic progress. If a student's signed, current authorization form is on file in the University Registrar's Office, a parent may either send a letter requesting a copy of grades, course schedule or academic status or may complete and sign a Request for Release of Education Records form, which is available from the University Registrar's Office. When parents request information, the University Registrar's Office will notify the student as a matter of courtesy.

While the normal policy is to require a student's signed authorization for parental access, the university reserves the right to release information about grades and course schedule to parents of legally dependent students without student authorization if circumstances should warrant. Refer to the procedures in the section below.

Note: In the case of graduate students and non-dependent undergraduate students, it is not the practice of the university to communicate with parents. Graduate students and non-dependent undergraduate students may authorize the release of any or all parts of their education record to a third party, including parents and spouses, providing the student's authorization is made in writing, signed, and dated. 

Release of education records without student consent - The institution will disclose information from a student's educational record only with the written consent of the student, except that the institution may release information in the following situations:

To individuals requesting Directory Information as designated by the institution;

To a school official with a legitimate educational interest in the records (defined as an official acting on behalf of the student and performing a task 1) that is specified in his/her position description or contract agreement; 2) related to the student's education; 3) related to the discipline of the student; 4) which is of service to the student or the student's family such as health care or financial aid; or 5) related to campus safety or security);

To an official of another school in which the student seeks or intends to enroll;

To persons or organizations providing financial aid to students, or determining financial aid decisions concerning eligibility, amount, condition, and enforcement of said aid;

To appropriate state or federal agencies, to accrediting agencies, and to organizations carrying out studies on behalf of the institution;

To parents of an undergraduate student who is claimed as a dependent for income tax purposes if it is determined that there are circumstances that warrant releasing the information without a student's written consent. Information will be released if 1) the parent(s) confer with the CLA Associate Dean to discuss the circumstances, 2) the parent(s) complete the special request form for access to transcript information and current schedule, and 3) the parents demonstrate that the student is a legal dependent. Information which may be released to parents is limited to the student's grade record (transcript) and current course schedule. Prior to the release of the information, the Registrar's Office will notify the student about the request for information. Information about specific procedures is available in the Office of the University Registrar. If educational information is released to a custodial parent of whom the student is a dependent, a duplicate of the released information may also be released upon request to a natural, non-custodial parent of whom the student is not a dependent, as appropriate;

To parties specified in a judicial order or lawfully issued subpoena. An attempt to notify the student is required by law before Willamette can honor such an order or subpoena;

To appropriate parties in a health or safety emergency;

To an alleged victim of any crime of violence, only the results of any institutional disciplinary proceeding against the alleged perpetrator of that crime with respect to that crime;

To state and local officials or authorities if specifically required by a state law that was adopted before November 19, 1974.

Fees for copying records - The fee for transcripts is $4 each; copies of other records are normally 50¢ per page.

III. Procedure for Release of Education Records - Students have the right to inspect and review their education records.

Procedure to inspect and review education records - Students may inspect and review their education records upon written request. Students should submit a written request to the University Registrar or other office which maintains the desired records. A request must identify as precisely as possible the record or records the student wishes to inspect. Proper identification will be required. The University office will make the needed arrangements as promptly as possible and notify the student of the time and place where records may be inspected. Access will be given within 30 days from the date of the receipt of the request. When a record contains information about more than one student, the student may inspect only those records which pertain to him or her.

Procedures for students to request the release of education records to third parties - The following procedures should be followed:

Transcript of record - As required by the Family Education and Privacy Rights Act (FERPA), all students are required to submit signed and dated requests for copies of their transcript of record. All requests for copies of the transcript of record are handled by the Willamette University Registrar's Office. The fee for official transcripts is $4 per transcript, or $2 for any additional copies of the transcript ordered at the same time.

Records in other offices - Students should contact the records "custodian" in the appropriate office and submit a written request as indicated in the above "Procedures." 

Record of requests for disclosure - All offices that maintain education records will keep a record of all requests for disclosure of information from a student's education record. The record indicates the name of the party making the request and any additional party to whom it may be disclosed. This record does not include the release of directory information and does not include release of education records to University officials. Students may inspect records of requests for information from their education records.

 Types, locations and records custodians - Records are maintained in a variety of University offices. If an office or type of information is not on this list, the student should contact the University Registrar's Office for assistance.

Records & Office

Location

Records Custodian

Admission

College of Liberal Arts

Office of Admission

Senior Associate Director

School of Education

Office of Admission

Senior Associate Director

Atkinson Graduate School

Seeley G. Mudd Building

Assistant Dean/Director of Admission

College of Law

Collins Legal Center

Director of Admission

Official transcripts, grade reports, degree information & records of past course schedules

All schools of the University

University Registrar’s Office

University Registrar

Unoffical transcripts, grade reports, current course schedules

College of Liberal Arts

University Registrar’s Office

University Registrar

School of Education

School of Education, Exec. Bldg.

Director of the MAT Program

Atkinson Graduate School

Seeley G. Mudd Building

Assistant Dean/Director of Admission

College of Law

Collins Legal Center

Associate Dean

Advising

College of Liberal Arts

Office of the Dean

Associate Dean

School of Education

School of Education, Exec. Bldg.

Director of the MAT Program

Atkinson Graduate School

Seeley G. Mudd Building

Associate Dean

College of Law

Collins Legal Center

Associate Dean

Counseling

Counselling Center, Bishop Hall

Asst. V.P. for Student Affairs

Health

Counselling Center, Bishop Hall

Asst. V.P. for Student Affairs

Business/financial/loans

Business Office, Waller Hall

Controller

Financial Aid

Financial Aid Office

Director of Financial Aid

Career Services and Placement

College of Liberal Arts

Career Services Office

Career Services Coordinator

School of Education

Career Services Office

Education Placement Specialist

Atkinson Graduate School

Seeley G. Mudd Building

Director, Alumni & Career Services

College of Law

Collins Legal Center

Director, Career Services

Disciplinary (academic)

College of Liberal Arts

Office of the Dean

Dean

School of Education

School of Education, Exec. Bldg.

Director of the MAT Program

Atkinson Graduate School

Seeley G. Mudd Building

Dean

College of Law

Collins Legal Center

Dean

Disciplinary (non-academic)

All schools of the University

Office of Residence Life

Dean of Residence Life

Other records and offices

Contact the University Registrar for assistance

Adopted 12/21/96

IV. Correction of Educational Records - Students have the right to request that the University correct records that they believe to be inaccurate, misleading or in violation of their privacy rights. Procedures for requesting a correction of education record are as follows:

1. A student must submit a request in writing to the appropriate Willamette University official (records custodian), specifying the part of the record to be amended and indicating why he/she believes it is inaccurate, misleading, or in violation of his or her privacy rights.

2. Willamette University has the right to comply or not comply with the request. The university official will inform the student in writing of the decision, normally within five (5) work days. The decision will include a summary of the information presented and reasons for the decision. If the decision is not to amend the record, the student may appeal the decision in writing to the dean or vice president who has responsibility for supervising that area of operation. In the case of undergraduate academic records, the appeal should be made to the Dean of the College of Liberal Arts. Decisions must be consonant with the existing policies and procedures of the university.

3. A decision about the appeal will be communicated in writing to the student, normally within five (5) work days. The decision will include a summary of the information presented and reasons for the decision.

4. If a record is not changed, the student will be notified that he or she has the right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.

5. The statement will be maintained as part of the student's education records as long as the contested portion is maintained. If the institution discloses the contested portion of the record, it must also disclose the statement.

8.4 ACADEMIC MISCONDUCT POLICY (pending Board approval)

Willamette University is responsible for the integrity of the research conducted at the University. As a community of scholars in which truthfulness and integrity are fundamental, the University must establish procedures for the investigation of allegations of misconduct in research. Furthermore, federal regulations require the University to have explicit procedures for addressing incidences in which there are allegations of misconduct in research.

All actions in response to instances of alleged or apparent misconduct will be taken with due care to protect the rights of those making the allegations, those accused, and the University. This protection shall include confidential treatment, prompt and thorough inquiry and investigation, and the opportunity for all involved parties to comment on allegations or findings. The policy applies to all employees (faculty and staff) and students conducting research under the auspices of the University. All allegations or other indications of possible misconduct in research shall be promptly reported in writing and reviewed by the Dean of the College in which the allegation occurred. The Deans are responsible for the University's compliance with applicable Federal regulations, including but not limited to notifying sponsoring agencies at the appropriate time.

In the event the Dean has a potential conflict of interest with respect to a particular allegation of misconduct, the President of the University shall determine who shall be responsible for review of the particular allegation.

Initial review of the allegations by the Dean shall include an assessment of:

the seriousness of the possible misconduct;

whether a situation posing an immediate health hazard is involved;

the need to protect the interests of the funding agency;

the need to protect the interests of the informant and the individual who is the subject of the impending investigation as well as his/her co-investigators and associates, if any;

the institution's responsibility to the scientific community and the public at large; and

allegations of criminal violation.

If the Dean determines that an inquiry is not appropriate, (s)he must explain this fact in writing to the complainant within one week of receiving the written allegation. The Dean should keep sufficient notes to explain how the situation was resolved, if called upon to do so at a later date. Even though no further action appears warranted, the Dean ordinarily should inform the subject of the allegation at this point, without disclosing the name of the complainant.

If the charges are deemed by the Dean to be neither frivolous nor unsubstantiated following this or the initial review, (s)he will then appoint a Committee of Inquiry and Investigation. The chairperson and at least two other members shall be tenured faculty members at Willamette University, and at least one of the Committee members must be knowledgeable in the field or a related field of research, yet not be part of the immediate working group of the subject.

The Committee shall promptly initiate an inquiry to determine if there is substance to the allegation and if a formal investigation is warranted. As a general rule, no more than 30 working days should elapse between the reporting of an instance of possible misconduct and the completion of a preliminary inquiry.

The inquiry must be conducted in such a manner that the subject is aware of all accusations and evidence, including the identity of the complainant, as early as possible, and shall be given the opportunity to respond. The investigation normally shall include examination of all documentation, including but not necessarily limited to relevant research data and proposals, publications, correspondence, and memoranda of telephone calls. Whenever possible, interviews should be conducted of all individuals involved either in making the allegation or against whom the allegation is made, as well as other individuals who might have information regarding key aspects of the allegations; complete summaries of these interviews should be prepared, provided to the interviewed party for comment or revision, and included as part of the investigatory file. All parts of the investigation shall remain confidential to the extent permitted by state law and OSSHE regulation, unless the subject requests in writing that the proceedings be open to the public.

Within one week following the preliminary inquiry and opportunity for the subject to comment on the findings, the Committee shall submit a report to the Dean, including such information as:

a statement of the alleged misconduct and the name of the person subject to the inquiry;

the scope of the incident of alleged misconduct;

explanations (if any) provided by the subject of the inquiry;

accuracy and reliability of the informant;

a list of documents related to the misconduct (e.g. publications, abstracts, or monographs if plagiarism, falsification or fabrication of data is involved);

any other information gathered during the inquiry; and

a recommendation regarding action to be taken, including personnel actions against the individual(s) committing the misconduct; withdrawal of pending manuscripts emanating from fraudulent research; notification to editors of journals in which suspect reports have already appeared; or communication with co-investigators or their employers concerning possible collusion.

The Dean will evaluate the above report and decide within 15 working days whether or not further action is warranted. A report of the action taken by the Dean shall be provided to the Committee, the subject of the allegation, and the informant. If the Dean determines that probable cause justifies imposing a sanction on the subject as a result of the investigation report, formal proceedings overseen by the Dean and attended by the Committee shall be initiated in accordance with OAR 580-21-330, et seq. Copies of all records and documents shall be made available to each party to the hearing.

If sanctions are imposed as a result of the hearing, procedures outlined under OAR 580-21-335 should be followed. The Dean will notify the funding agency supporting the research regarding the investigation results, and will be responsible for assuring that the decision of the Committee and/or funding agency is implemented.

After sanctions have been imposed, the investigation of the charges will be terminated.

Notwithstanding any other provision in these procedures, the Dean shall notify the Office of Scientific Inquiry (OSI) and/or the appropriate funding agency at any stage of the inquiry or investigation that any of the following conditions exist: (1) there is an immediate health hazard involved; (2) there is an immediate need to protect federal funds or equipment; (3) there is an immediate need to protect the interest of the person(s) making the allegations or of the individual(s) who is the subject of the allegations as well as his or her co-investigators and associates, if any; (4) it is probable that the alleged incident is going to be reported publicly; or (5) there is a reasonable indication of possible criminal violation, in which instance the Dean must inform OSI within 24 hours of obtaining that information.

If a determination of insufficient evidence of misconduct is made, the final report by the Dean should not include names or remarks that reveal the identity of the complainant or subject. All records related to the incident shall be maintained by the Dean for a minimum of three (3) years in a secure manner apart from the complainant's and subject's personnel files.

No retaliation shall be taken against anyone who makes an allegation in good faith, nor against a subject who is cleared of all allegations.

8.5 Campus Policies

A. Institutional Review Board

B. Willamette’s Electronic Policy

C. Willamette University Web Policy

D. Voice Mail Policy

These four policies can be accessed through Willamette’s Web page at: http://www.willamette.edu.

Select the icon About Willamette, then Campus Policies, then choose the policy you need information about. You can print the policy by selecting the print icon or save to a file of your own. Contact the CLA Dean’s Office for additional information or assistance.


[Section 7] [Table of Contents]