Preamble

Created in 1909, Southern Arkansas University has always been a caring and supporting place to learn, work, and achieve in a family-like atmosphere, interacting with each other guided by the Golden Rule. This Code of Ethics appropriately articulates SAU’s spirit in a way that meets the standards of the modern world of which members of the SAU community are a part.

Institutions of higher education are entrusted by society with resources; with these resources comes an acceptance of responsibility for creation, dissemination and preservation of knowledge. Each member of the SAU community, the students, faculty, staff, alumni, and friends plays a role in assuring that high standards of ethical practice be present with this responsibility.

Conduct and Values

All members of the SAU community should maintain honesty, integrity, and dignity and should not knowingly misrepresent facts to others. Each member of the SAU community should model such conduct and should expect such conduct from all others in the community. Each member should adopt and live personal values that:

• Provide a dynamic and caring environment that motivates individual development and fulfillment of students, faculty, staff, alumni, and friends of SAU.
• Demonstrate honesty and respect for others in all interactions.
• Manage all entrusted resources to provide the maximum benefit for all.
• Support and encourage equal opportunities for all.
• Achieve University goals.
• Strive for excellence in all endeavors to ensure quality that creates the exceptional University.

Conflicts of Interest

All members of the SAU community should be free from conflicts of interest. The following describe areas of possible conflict of interest:

• Faculty or staff members will not use or attempt to use their official positions to secure special privileges or exemptions for themselves or their spouse, children, parents, or other persons standing in the first degree of relationship, or for those with whom they have a substantial financial relationship that are not available to others except as may be otherwise provided by law.
• Faculty or staff members will not accept employment or engage in any public or professional activity while serving as public officials which they might reasonably expect would require or induce them to disclose any information acquired by them by reason of their official positions that is declared by law or regulation to be confidential.
• Faculty or staff members will not disclose any such information gained by reason of their position, nor shall they otherwise use such information for their personal gain or benefit.

Faculty and staff may not receive gifts for the performance of the duties and responsibilities of their position. This does not apply to gifts from friends, professional associates and relatives that are not work related or to awards recognizing achievement.  Nominal gifts among faculty, staff, and students are also excluded.

Responsibility

All members of the SAU community should diligently devote their time at work to the responsibilities for which the faculty or staff member was employed.  When at work faculty and staff will in the position assigned to them:

• Put forth honest effort in performance of duties.
• Adhere to all laws, regulations and policies that no person shall, on the grounds of race, age, color, sex, sexual orientation, gender identity, disability, genetic information, religion, veteran status, national origin, or any other legally protected class be denied admission to or employment at Southern Arkansas University, Magnolia, or be excluded from participation in, denied the benefits of, or subjected to discrimination in any program or activity sponsored by the University. SAU is an equal opportunity employer and an affirmative action institution of higher education.
• Act impartially and not give preference to any person or group.
• Protect and conserve public resources entrusted to SAU and rise to further the mission of the University, not self.
• Refrain from making unauthorized commitments to bind SAU.
• Be guided by a deep conviction for the worth and dignity of the advancement of knowledge, and recognize the special responsibilities placed upon them.
• Demonstrate respect for students as individuals and adhere to proper roles as intellectual guides and counselors.
• Encourage free pursuit of learning in students, and hold before them the best scholarly and ethical standards of the discipline.
• Accept fair share of responsibilities of shared governance.

Additional guidance on appropriate conduct and correct procedure for many processes are found in the Student, Faculty, and University Handbooks.

This Code does not substitute for or relieve any responsibility that one has according to Arkansas ethics laws (see Arkansasethics.com) or any discipline specific ethical standards.

Reporting

All members of the SAU faculty and staff have the responsibility to report ethics violations to the vice president for administration.

Purpose – The conduct standards policy is established to provide consistent standards concerning work-related behaviors for all staff (see Faculty Handbook for faculty), which define and convey the expectations of SAU to its staff members.

Nothing herein is intended to imply that any standard or expectation is all inclusive.  Standards are intended to identify recurring or common deviations from acceptable work-related behaviors, in an effort to create and maintain a high level of professional conduct.

Goal – The staff of SAU will enjoy a work climate that promotes productivity and job satisfaction. 

Appropriate supervisors will initiate corrective measures when a staff member deviates from acceptable behaviors which impact the work environment or job functions.  These corrective measures typically will be progressive in nature, and supervisory actions will be fair and consistent and administered in a fair manner.

Variances from the progressive discipline philosophy may be due to mitigating, extenuating or aggravating circumstances, which may indicate a lesser or greater level of discipline. 

This procedure does not create any expectation of continued employment, but provides all with guidelines on behavioral expectations.

Responsibilities

Staff Members will:

1. Become familiar with and understand the University Handbook.
2. Follow the standards and guidance.
3. Participate in good faith in any administrative investigation.
4. Report to supervisory personnel any condition(s), circumstance(s), unclear instruction(s) or procedures which may affect or prevent satisfactory compliance with the conduct standards.
5. Comply with any corrective action plans or instructions following a deviation from these standards.

The unacceptable behaviors set forth in the following sections are not all-inclusive, but are intended as examples of behaviors for which specific disciplinary actions may be warranted.  Accordingly, any offense which undermines the effectiveness of the institution activities may be considered unacceptable and treated in a manner consistent with the provisions of this section.

The unacceptable behaviors listed below are organized into three groups according to the severity of the behavior, with Group 1 being the least severe.

Group 1

Disciplinary actions for specific unacceptable behaviors in Group 1 generally result in the issuance of a reprimand.  Repeated offenses may result in suspension up to five days or termination. 

Examples of Unacceptable Behavior

1. Unsatisfactory attendance or excessive tardiness.
2. Abuse of state time, including, for example, unauthorized time away from the work area, use of state time for personal business, and abuse of sick leave.
3. Use of obscene or abusive language.
4. Inadequate or unsatisfactory work performance.
5. Disruptive behaviors.
6. Conviction of a moving traffic violation while using a state/public vehicle.
7. Violation of smoking ban on campus.

Group 2

This category of unacceptable behaviors includes acts and behavior which may be considered more severe in nature than Group 1 and as such, a second Group 2 normally warrants removal.  The disciplinary action for Group 2 is the issuance of a Written Notice, termination, or a Written Notice and up to ten (10) work days suspension without pay. 

Mitigating or extenuating circumstances related to commission of a second Group 2 also may result in the employee’s demotion or transfer.  The employee may be suspended for up to thirty (30) work days, as an alternative to discharge.

Examples of Unacceptable Behavior

1. Failure to follow a supervisor’s instructions, perform assigned work, or otherwise comply with established written policy.
2. Violating a safety rule where there is not a threat of bodily harm.
3. Leaving the work site during work hours without permission.
4. Failure to report to work as scheduled without proper notice to the supervisor.
5. Unauthorized use or misuse of state property or records.
6. Refusal to work overtime hours as required.
7. Violation of Drug Free Workplace policies of the agency and the Governor’s Policy Directive – includes reporting to work impaired or under the influence of alcohol or drugs, or the unlawful use of a controlled substance.
8. Violation of anti-discrimination, equal employment opportunity policies, depending upon the nature of the violation.
9. Violation of sexual harassment prevention policies, depending upon the nature of the violation.

Group 3

This category of unacceptable behaviors includes acts and behavior of such a serious nature that a first-time occurrence normally should warrant termination. 

Mitigating or extenuating circumstances related to commission of a Group 3 may result in the employee’s demotion or transfer.  The employee may also be suspended for up to thirty (30) work days. 

Examples of Unacceptable Behavior

1. Absence in excess of three (3) consecutive work days without proper authorization or a satisfactory reason.
2. Falsification of any agency records, including, but not limited to, vouchers, reports, insurance claims, time records, leave records, client records or other official state document.
3. Willfully or negligently damaging or defacing state records, state property or property of other persons (including, but not limited to, employees, patients, clients, supervisors, inmates, visitors, and/or students).
4. Theft or unauthorized removal of state records, state property, or the property of other persons (including, but not limited to, employees, patients, clients, supervisors, inmates, visitors, and or students).
5. Gambling on state property or gambling during working hours.
6. Fighting and/or other acts of physical violence.
7. Violating safety rules where there is a threat of physical harm.
8. Sleeping during work hours.
9. Participating in any type of concerted interference with state operations.
10. Unauthorized possession or use of firearms, dangerous weapons, or explosives.
11. Criminal conviction for illegal conduct occurring on or off the job that clearly is of such a nature that to continue the employee in their position could constitute negligence in regard to the agency’s duties to the public, clients or other state employees.
12. Violation of the Drug Free Workplace policies of the agency and Governor’s Policy Directives, depending upon the nature of the violation.
13. Violation of the sexual harassment prevention policies, depending upon the nature of the violation.
14. Violation of the anti-discrimination, equal employment opportunity policies, depending upon the nature of the violation.

Corrective Action – corrective action should be implemented as soon as a supervisor becomes aware of an employee’s unsatisfactory behavior or commission of an unacceptable behavior.

The supervisor has a choice of corrective actions or may utilize a combination of corrective actions if the situation warrants such actions.  Examples of corrective actions include issuance of a letter of clarification (previously referred to as counseling or a memorandum of understanding).  Mitigating and/or extenuating circumstances may be a consideration.  Supervisors contact their supervisors and Office of Human Resources for advice.

Timeliness Factors

The active life of a Reprimand is dependent upon the type of offense for which it is issued and is measured by the period for which it is “active,” as itemized below:

• Written Notice for a Group 1 is active for one year from its date of issuance to the employee.
• A Written Notice for a Group 2 is active for two years from its date of issuance to the employee.
• A Written Notice for a Group 3 is active for three years from its date of issuance to the employee
• Written Notices that are no longer active shall not be considered in an employee’s accumulation of Written Notices, or in determining the appropriate disciplinary action for a new unacceptable behavior.

Pay and Benefits During Suspension

1. Disciplinary suspensions are without pay. Payroll records, etc., should be updated concerning such action, including suspension, demotion, transfer, discharges and reinstatement.
2. If the suspended or terminated employee is reinstated to full employment and benefits, meaning reinstatement with back pay and benefits, the award of back pay shall, automatically, be offset by any interim earnings that the employee received during the period of separation, including unemployment compensation received by the employee.

Utilization of the Grievance Procedure

Eligible employees may, at their option, utilize the grievance procedure in chapter 6.