UofL Policy & Procedure Database
Search the Policy & Procedure Database
Find the information you need by searching the collection using the topic, keyword index, document name or alpha-numeric identifier. You may also search by category in the menu below. Please note, individual schools and departments may maintain additional policies and/or procedures. However, such documents do not override official university-wide administrative policies and associated procedures.
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Official University Administrative Policy
Policy Name:
Performance Appraisals
Effective Date:
May 1 1992
Policy Number:
PER 2 13
Policy Applicability:
This policy applies to University Administrators and Staff
Policy Statement:
PERFORMANCE APPRAISAL
Each employee shall receive a written performance appraisal of their work performance at least annually. The employee's first line supervisor shall:
- Provide and discuss written job descriptions, job performance factors and performance standards with the employee when the position is assumed.
- Update and discuss job performance factors with the employee whenever there is a significant change in job duties.
- Provide a progress report every two months during the provisional employment period to a provisional status employee. The supervisor shall also provide a written performance evaluation 30 days prior to the completion of the provisional employment period, based upon the job factors established for the position. If the employee's service is unsatisfactory, the employee should be terminated before the end of the provisional employment period. Employees retained beyond the provisional employment period will be granted regular status.
- Conduct the performance evaluation in writing within 75 days following the evaluation period.
The second line supervisor shall signify concurrence with the overall performance rating, and certify it is consistent with the established performance evaluation standards of the unit. Copies of the evaluation must be submitted to the Human Resources Department.
When an employee's performance is first recognized as not meeting expectations and is not resolved through informal discussion, the supervisor should:
- Engage the employee under the provisions of the disciplinary policies, PER 5.01; or
- Implement a Performance Improvement Plan as described below, until the employee's performance improves or the employee is dismissed.
PERFORMANCE IMPROVEMENT PLAN (Not applicable to administrators)
Performance Improvement Plans, if applicable, shall be implemented when an employee's performance is first recognized as not meeting expectations and is not resolved through informal discussion, or an employee receives a "needs improvement" written evaluation.
During the performance improvement plan period an employee shall be evaluated at least once every 30 calendar days up to a maximum of 90 calendar days until:
- The employee's performance has improved and is evaluated as at least meeting expectations; or
- The employee is terminated under the provisions of the staff disciplinary process, PER 5.01.
The Performance Improvement Plan is designed to provide employees a reasonable amount of time to improve. However, employees remain subject to disciplinary action related to unsatisfactory performance and/or other violation(s) of university policies and procedures in accordance with PER 5.01, Disciplinary Action.
After the immediate supervisor completes a written summary of the areas which require improvement or an evaluation, he or she shall discuss with the employee. The employee will be provided an opportunity to sign the applicable document. Should the employee refuse to sign, a notation shall be made on the memorandum and/or evaluation. Employees shall be permitted to submit written statements of disagreement that shall be attached to the applicable document within 15 calendar days. A copy of the memorandum and/or evaluation shall be given to the employee and shall then be filed in the department with a copy forwarded to the Human Resources Department.
The Employee Relations Office must be notified whenever an employee receives a "needs improvement" performance evaluation.
Related Information:
Performance appraisals may be used for but are not limited to the following:
- Establishing goals and objectives for job performance;
- Informing employees of strong and weak points, training needs or expected improvements, and suggested methods for improvement;
- Determining the employee's eligibility for performance pay increases;
- Recognizing an employee's potential for promotion;
- Serving as a basis for disciplinary action;
- Assisting in determining the order of layoff and reinstatement; and
- Conducting semi-annual or mid-year performance reviews.
Refer to the Performance Management Guide for assistance in preparing for and conducting performance evaluations.
Refer to the Redbook Sections 2.2.4 and 3.2.3 Review of Service specific to the Executive Vice President and University Provost, vice presidents to whom academic units report, and Deans.
Additional questions can be directed to Employee Relations at either 502-852-6536 or 502-852-6538 or by email.
Definitions:
Official University Administrative Policy
Policy Name:
Administrator Medical Leave
Effective Date:
January 1985
Policy Number:
PER 4 22
Policy Applicability:
This policy applies to University Administrators
Policy Statement:
It is the policy of the University of Louisville to authorize the President or Provost to approve medical leave with pay for up to one-half year of base salary (six months for those on annual appointment; one semester for those on academic year appointment) for administrators. Justification for the medical leave must be documented by medical evidence satisfactory to the President or Provost. The approved leave shall be reported to the Board of Trustees for informational purposes only.
An administrator will be granted a second paid medical leave for a condition unrelated to the condition which was the basis for the prior leave, unless the person has been back to work for three months or longer. If the person has been back to work for less than three months and the medical condition is the same, a second paid medical leave will not be granted.
Definitions:
Official University Administrative Policy
Policy Name:
Employee Documentation
Effective Date:
May 1 1992
Policy Number:
PER 1 17
Policy Applicability:
This policy applies to University Administrators Faculty Staff and Students
Policy Statement:
As a condition of employment, each employee shall present his or her Social Security card and shall execute tax forms required for payroll purposes. Each employee shall also provide the Human Resources Payroll Department with his or her mailing address and promptly notify the Payroll Department of any changes of address.
policy
Sponsorship
Official University Administrative Policy
Policy Name:
Sponsorship
Effective Date:
October 2013
Policy Number:
OCM 1 01
Policy Applicability:
This policy applies to University administrators faculty and staff
Policy Statement:
The university recognizes that many of its activities and programs provide potential sources of revenue or non-financial benefits through the creation of private-sector partnerships and sponsorship opportunities. It's also important to recognize that, as a public institution, the University of Louisville's reputation and brand must be protected and that activities and organizations associated with the university must align with the university's mission and pursuit of excellence and inclusiveness. The university has the right to and will refuse sponsorship from unacceptable sources, or entities wishing to communicate an unacceptable message.
All current or future sponsorship marketing agreements, inclusive of extensions and renewal of grandfathered agreements, must be communicated to, reviewed by and approved by OCM. OCM is the only department with authorized signatory authority on sponsorship agreements. Individual units or departments should not contract directly (unless a policy exception is granted) with a sponsor on behalf of the university.
Related Information:
Unrelated Business Income Tax policy
Brand Graphics policy - Note: Non-university entities may only use a university name, trademark, logo, or mascot with permission from the University of Louisville Office of Communications and Marketing or its exclusive sponsorship broker.
Department of Purchasing - Bids/RFPs; Policies
Additional information, including sponsorship frequently asked questions, is available at https://louisville.edu/sponsorship.
Policy Reasoning:
The University of Louisville is a nationally recognized metropolitan research university with a brand that conveys excellence in educational, social, healthcare, cultural, community and economic development. As such, the brand has significant value for both the university community and for external entities seeking to partner with the university.
UofL has instituted a centralized sponsorship program to:
- Create added value for the institution and its community and ensure the university is realizing the maximum opportunity from every sponsorship agreement.
- Maintain a central repository of marketing sponsorships to avoid legal conflicts or agreements that devalue the institution. Units entering into independent sponsorship agreements without prior approval from OCM and/or Purchasing may violate existing, university-wide contracts or sponsorship agreements.
- Protect the university from misrepresentation of its name and harm to its reputation; and safeguard the integrity of the UofL brand. This includes protection of our students by vetting companies that want to directly market to our campus community; and ensuring sponsorship partners align with the university and its values.
- Provide guidance to university units and programs; help prevent conflict-of-interest issues; and ensure compliance with university policies.
Definitions:
Sponsorship marketing - a business agreement and marketing strategy in which there is a mutual exchange of value (e.g., tactical efforts in exchange for cash or barter). To sponsor something is to leverage a property, event, activity, person/people, or organization with the goal of meeting the sponsor's marketing objectives and goals. A sponsor is the individual or group that makes that marketing investment.
Gift or donation - a contribution received by an institution for either unrestricted or restricted use in the furtherance of the institution for which the institution has made no commitment of resources or services other than, possibly, committing to use the gifts the donor specifies. The contribution is a nonreciprocal transfer in that there is no implicit or explicit statement of exchange, purchase of services, or provision of exclusive information. If the donor receives benefits in return for the contribution, the amount of the gift recorded and reported is reduced by the fair market value of all benefits given. The institution has no obligation to report to the donor how the gift is used or invested, but institutions are not prevented from providing such reports as part of donor stewardship.
Advertising - "Includes messages containing qualitative or comparative language, price information, or other indications of savings or value; endorsements; and inducements to purchase, sell or use the products or services" [IRS publication 598 (01/2015), Tax on Unrelated Business Income of Exempt Organizations]. OCM's exclusive sponsorship broker works with non-university entities on sponsorship agreements where there is no arrangement or expectation sponsor will receive substantial return benefit other than the use or acknowledgement of the name and logo (or product lines) of the sponsor's trade or business; and works to ensure sponsorships do not incorporate "call to action" advertising in marketing elements associated with sponsorship.
Responsibilities:
Agreements that provide marketing access to university audiences en masse — including students, faculty, staff, alumni, and visitors — are managed and executed by OCM in partnership with the Department of Purchasing. OCM will be present on any department-specific Request for Proposals where sponsorship or marketing value could be a portion of agreement with the potential vendor, as determined by OCM and Purchasing. Anyone responsible for compliance of any type is responsible for notifying OCM of any prohibitions relative to sponsorship.
This policy is monitored by the Office of Communications and Marketing (OCM) in cooperation with the Department of Purchasing. Any exceptions to this policy must have prior approval from OCM. Such exceptions will be considered on a case-by-case basis.
policy
Tuition Remission
Official University Administrative Policy
Policy Name:
Tuition Remission
Effective Date:
May 8 2008
Policy Number:
PER 7 02
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
A. Tuition Remission for Employees.
1. All regular/provisional 80% FTE or above employees are eligible to take up to two courses (not counting associated labs as separate courses) up to eight credit hours at the University of Louisville (UofL) tuition free each semester, i.e., spring semester, summer semester, and fall semester (including winter session); not to exceed 18 credit hours per year. These hours may not be accumulated. The individual must be a regular or provisional 80% FTE or above employee of UofL on the first day of class for the semester as determined by the Registrar to be eligible for this benefit.
2. All regular/provisional employees working at least 40% FTE but less than 80% FTE are eligible to take up to one course (not counting associated labs as separate courses) up to four credit hours at UofL tuition free each semester, i.e. spring semester, summer semester, and fall semester (including winter session); not to exceed nine credit hours per year. These hours may not be accumulated. The individual must be a regular or provisional 40% FTE or above employee of UofL on the first day of class for the semester as determined by the Registrar to be eligible for this benefit.
3. Contract faculty working at least 40% FTE are eligible to take up to one course (not counting associated labs as separate courses) up to four credit hours at UofL tuition free each semester, i.e. spring semester, summer semester, and fall semester (including winter session); not to exceed nine credit hours per year. These hours may not be accumulated. The individual must be a contract faculty working at least 40% FTE or above on the first day of class for the semester as determined by the Registrar to be eligible for this benefit.
4. Active duty military personnel assigned to a UofL ROTC Detachment shall be construed as regular/provisional employees, as provided in paragraphs 1 or 2 above, for the purpose of employee tuition remission benefits.
5. Employee tuition remission shall include 100% of in-state undergraduate, graduate, or professional program tuition at UofL, including any tuition differential that applies to distance education courses, but excluding course fees, graduation fees, or regular student fees. Effective Fall Semester 2011, employee tuition remission shall also exclude mandatory student fees bundled in tuition. Tuition remission may be used for credit courses offered during regular semesters (whether taken for credit or taken for audit), but may not be used for non-credit continuing education courses.
6. In order to maintain eligibility to receive tuition remission benefits in a succeeding semester, employees must remain in good standing with an overall GPA of 2.0 or higher.
If an employee fails to meet this performance standard, the employee must enroll in, pay for, and attain satisfactory performance (as above) to re-establish eligibility to receive tuition remission benefits. Withdrawals, which do not result in a refund of 100% of tuition paid, shall constitute unsatisfactory performance for the semester.
B. Tuition Remission for Dependent Children.
1. Emancipated children of regular, full-time faculty and staff (at 100% FTE) appointed prior to February 1, 1966 may take courses at UofL toward their first undergraduate degree tuition-free.
2. Dependent children of regular, faculty or staff at 80% FTE or greater may take courses at UofL toward their first undergraduate degree tuition-free provided that:
- The employee was hired prior to July 1, 2011 and is a regular employee at 80% FTE or greater on the first day of class for the semester (with no continuous service requirement); or the employee was hired on or after July 1, 2011, is a regular employee at 80% FTE or greater on the first day of class for the semester, and has one year of continuous service on the first day of class for the semester.
- The employee provides evidence that he or she is claiming the child for tax purposes or certifies in writing that the employee is providing more than 50% of the child's support.
- If an employee hired prior to July 1, 2011 becomes permanently disabled, retires or dies, his or her children shall continue to be eligible for tuition remission benefits (regardless of length of service). If an employee hired on or after July 1, 2011 has five years of continuous service and becomes permanently disabled, retires or dies, his or her children shall continue to be eligible for tuition remission benefits.
3. For the purpose of tuition remission, dependent children shall be eligible for tuition remission through the end of the semester in which they attain the age of 26.
The Human Resources department will be responsible for verifying the eligibility of dependent children during the first semester in which the child is enrolled. The enrollment of a child under the tuition remission program who is subsequently determined to be ineligible shall be construed as misappropriation of university funds and the sponsoring employee will be subject to discipline, including dismissal, and the forfeiture of any tuition remission benefits previously received.
4. Dependent children tuition remission shall include 100% of in-state undergraduate tuition, but shall exclude course fees, graduation fees, or regular student fees. Effective Fall Semester 2011, dependent tuition remission shall also exclude mandatory student fees "bundled" in tuition and any tuition differential that applies to distance education courses.
5. Effective Fall Semester 2012, total tuition remission benefits for a dependent child (regardless of the sponsoring employee's hire date) shall be limited to 144 credit hours attempted (including credit hours transferred to UofL, if any).
Note: The children of military personnel assigned to a UofL ROTC Detachment are not eligible for tuition remission.
C. Tuition Remission for Faculty Spouses.
1. Spouses of regular status full-time (100% FTE) faculty members who were hired prior to July 1, 1978 and who have had continuous, regular, full-time employment since July 1, 1978 may take three credit hours at UofL tuition-free each semester. There is no tuition remission for spouses of regular, full-time faculty who were hired on or after July 1, 1978. Eligible faculty members as of July 1, 1992, will retain this benefit as long as their employment is at least 80% FTE or above.
2. If an eligible employee becomes permanently disabled, retires, or dies, his or her spouse is still eligible for the tuition remission benefit at UofL.
ADDITIONAL CONTROLLING PROVISIONS
As adopted by the Board of Trustees June 22, 1998, UofL expressly reserves the right to alter or abolish the Tuition Remission benefit at any time in the future by action of its Board of Trustees except to the extent of prior contractual obligations for tuition remission to:
A. Emancipated children of current full-time regular status faculty or staff (at 100% FTE) employed prior to February 1, 1966 for courses at UofL counting toward their first undergraduate degree (as provided in Paragraph B.1 of this policy);
B. Dependent children of current regular status faculty or staff who were employed at 100% FTE prior to July 1, 1978, and who continue to be employed at least 80% FTE, for courses at UofL counting toward their first undergraduate degree (as provided in Paragraph B.2. of this policy); and
C. Spouses of regular status faculty members who were employed at 100% FTE prior to July 1, 1978, who have been continuously employed since July 1, 1978, and who continue to be employed at least 80% FTE, may take three credit hours tuition-free each semester (as provided in Paragraph C.1. of this policy).
Responsibilities:
The President or the Vice President for Human Resources, as the President's designee, exercises authority to interpret and implement the Tuition Remission policy.
Official University Administrative Policy
Policy Name:
Ethical Considerations
Effective Date:
May 1 1992
Policy Number:
PER 1 16
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
All employees of the University of Louisville who are members of occupations or professions having established standards of conduct shall, in addition to any obligations and responsibilities imposed by this document, be bound by all such applicable standards of conduct.
Employees of the University of Louisville have an obligation to reveal any financial conflicts of interest which might arise between performance of duties to the university and outside interests. (The Redbook, Section 2.5.8.)
Related Information:
Official University Administrative Policy
Policy Name:
Information Security Responsibility
Effective Date:
July 23 2007
Policy Number:
ISO 001 v2 0
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
Each member of the university community is responsible for the security and protection of information resources over which they have control. Resources to be protected include networks, devices, software, systems, and data. The physical and logical integrity of these resources must be protected against threats such as unauthorized intrusions, malicious misuse, or inadvertent compromise. Activities outsourced to off-campus entities must comply with the same security requirements as in-house activities.
Policy Reasoning:
The university recognizes the role of information security and is committed to the protection and safeguarding of the confidentiality, integrity and availability of university information resources. In conjunction with the university's Information Management and Classification Standard, this policy provides a framework for the management and responsibility of information security throughout the university.
Responsibilities:
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology Services, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the university and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
Server Computing Devices
Effective Date:
July 23 2007
Policy Number:
ISO 013 v2 0
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
The University maintains enterprise class secured data centers for the housing of university servers. All servers used to store, process or transmit sensitive information must be registered with the Information Security Office.
All server computing devices must:
- Be maintained in an environment and manner designed to physically and logically restrict access to authorized users;
- Be used in a manner designed to maintain data, system and network integrity; and
- Have operating systems and other software maintained in the most up-to-date and secure manner reasonably possible.
Responsibilities:
Policy Authority/Enforcement: The university's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with university leadership, Information Technology, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
User Accounts and Acceptable Use
Effective Date:
July 23 2007
Policy Number:
ISO 007 v2 1
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
Persons using university resources (users) are responsible for lawful and appropriate use of computing facilities, accounts, and devices. All users must abide by the University's Information Security Policies and Standards. University business must be conducted utilizing university-authorized systems.
Computing resources are for all users. Users must respect the usage rights of others that use UofL resources.
Computing accounts and facilities must not be used in any manner which could be disruptive, degrade the performance of or cause damage to university computing infrastructure, resources, or data and/or other users. Personal use should be kept to a minimum and in no case should a university account be used for non-university business purposes.
Policy Reasoning:
University user accounts and computing facilities are provided for persons who legitimately need access to university computing resources. This includes university faculty, staff and students. Other persons may qualify for a user account and access to computing facilities on a case by case basis. Accounts and facilities must be utilized in accordance with law and University policy.
Definitions:
Administrators
Individuals with administrative responsibility University wide or for University organizational units. The University Redbook (see http://louisville.edu/provost/redbook/chap2.html#SEC2.3.1) for more information.
Faculty member
- Individuals employed by the University as faculty or other employees who teach courses or are engaged in academic research activities for the University.
- Visiting faculty who are conducting academic research or teaching courses on a time-limited basis from another institution for the University.
- An individual, who is teaching courses or conducting academic research activities for the University without salary and is under the control/supervision of the University. See also the University Redbook at http://louisville.edu/provost/redbook/chap3.html.
Sensitive Information
Information of a confidential or proprietary nature and other information that would not be routinely published for unrestricted public access or where disclosure is prohibited by laws, regulations, contractual agreements or University policy. This includes (but is not limited to) full name or first initial and last name and employee ID (in combination), identifiable medical and health records, grades and other enrollment information, credit card, bank account and other personal financial information, social security numbers, grant reviews, dates of birth (when combined with name, address and/or phone numbers), user IDs when combined with a password, etc. (see Information Management and Classification Standard).
Staff
The staff of the University of Louisville shall consist of all employees of the University who do not hold faculty appointments, are not full-time students enrolled in the University, are not graduate assistants at the University, or are not administrators as defined in Section 2.3.1 of the University Redbook (see http://louisville.edu/provost/redbook/contents.html/chap5.html).
Student
- An individual taking a course at the University whether for credit or non-credit who is enrolled for course.
- An individual who was enrolled at the University for a specific term (e.g., fall, spring, summer semester), who has not graduated, and who is not yet enrolled for the immediately subsequent term, provided such enrollment is still permitted, and provided further, that where the individual was enrolled at the University for the spring term, the immediate subsequent term shall be the University succeeding fall term. (e.g., (1) a student enrolled in the spring term, who does not graduate at the end of the spring term, may not enroll for the summer term; but will still be a student unless the individual fails to enroll for the succeeding Fall semester, and (2) a student who has completed all other degree requirements but is completing a dissertation/thesis.).
- An individual who is admitted to the University or an academic program of the University but has not yet commenced the program of study. An admitted student will be included in the definition of student for a period of one-year following the date of admission to the University or an academic program of the University. See the University Redbook at http://louisville.edu/provost/redbook/chap6.html for more information.
User
Includes students, faculty, staff, administrators and other employees of the University of Louisville and its affiliated entities and any other individual having a computer account, email address or utilizing the computer, network or other information technology services of the University of Louisville.
Responsibilities:
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology Services, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
policy
Cost Sharing
Official University Administrative Policy
Policy Name:
Cost Sharing
Effective Date:
July 1 2004
Policy Number:
RES 2 02
Policy Applicability:
This policy applies to the University Community administrators faculty and staff
Policy Statement:
Committed cost share requires an approved transfer of funds, from a departmental general fund program or otherwise unrestricted source, to a cost share speedtype that corresponds to a related sponsor-funded grant. The cost share speedtype must also have a budget established that agrees with the cost share commitment.
Related Information:
Deans, Directors and Department Heads
Approval/provision of an unrestricted funding source to be used for cost sharing.
Institutional Officials
The Office of Sponsored Programs Administration (OSPA) is responsible for oversight of the appropriateness of the cost share speedtype provided; establishment of new Chartfield/speedtype.
Administrative Offices
Departmental administrative office is responsible for submission of related forms and the transfer of funds.
VIOLATIONS OF THIS POLICY (IF APPLICABLE)
If cost sharing is required by the sponsoring agency but not identified/requested and approved at time of proposal, the request may be denied or the proposal administratively withdrawn resulting in loss of funding. If cost sharing is committed but not required by the sponsoring agency and is not requested and approved at time of proposal, the request may be denied by the EVPRI resulting in additional financial burden for the department.
Definitions:
The definition of cost sharing appears in Chapter 3, Section 7 of the Research Handbook.
Official University Administrative Policy
Policy Name:
Human Subjects Protection Program Policy Manual
Effective Date:
September 1 2015
Policy Number:
HSPPO 4 01
Policy Applicability:
This policy applies to University Sponsors Researchers Research Staff Research Participants and Institutional Review Board
Policy Statement:
The University of Louisville has and follows written policies and procedures setting forth the ethical standards and practices of the Human Research Protection Program.
Related Information:
See Human Subjects Protection Program Policy Manual.
Policy Reasoning:
To comply with applicable federal and state laws and regulations and the Association for the Accreditation of Human Research Protection Programs (AAHRPP) standards.
Official University Administrative Policy
Policy Name:
Responsible Conduct of Research
Effective Date:
May 23 2007
Policy Number:
RES 5 01
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
It is the policy of the University of Louisville that research carried out under its auspices is distinguished by the highest standards of integrity and ethical behavior. The University of Louisville promotes responsible conduct by practicing high standards of ethics and requiring accountability in the development, execution, performance and dissemination of research results. This policy applies to faculty, staff, students and visiting scholars conducting research under the auspices of the University, hereafter referred to as researchers.
VIOLATIONS OF THIS POLICY
Failure of covered individuals to comply with this or any other research policy of the University of Louisville will result in the application of Administrative Sanctions for Violations of the University of Louisville Research Policies.
Related Information:
References: UNC-Chapel Hill, Kansas State, University of Alaska-Anchorage, City University
Policy Reasoning:
The University of Louisville is committed to the highest standards of responsible conduct in research, including the highest standards of legal and ethical conduct in its related business practices. The continued success and strong public image of the University of Louisville is dependent upon the responsible and ethical conduct of its administrators, faculty and staff. The purpose of this policy is to articulate this commitment. It is the responsibility of the University Community to foster and nurture a culture where integrity in the conduct of research and scholarly activity is the foremost aim. In addition, all Members of the University Community are responsible to ensure that their behavior and activity is consistent with this commitment, as well as with University policies and procedures, and applicable federal, state and local laws, and regulations.
Responsibilities:
Institutional Officials
Institutional Officials will foster a work environment that stimulates and challenges the development of abilities and pursuit of personal and professional growth while maintaining the highest ethical standards and the goals of the University of Louisville. It is the responsibility of institutional officials to promote and exhibit the highest ethical conduct in the performance of their responsibilities. Administration will also provide the tools for ethical conduct by disseminating to all of its researchers a clear statement of its policies and the consequences of violating those policies. It is the responsibility of the University and its officials to provide training and maintain records of training in the responsible conduct of research. The training provided shall be of sufficient quality and frequency to allow achievement and maintenance of certification.
Deans, Directors and Department Heads
Departments and other administrative units have the responsibility to provide information regarding accepted standard of professional integrity and quality, including aspects specific to their own disciplines. Notices sent from the Office of the Executive Vice President for Research, or designee, through the Deans, Directors and Department Heads should serve as an effective reminder to all researchers.
Researchers
- Conduct of Research: Researchers are responsible to ensure that their behavior and activity is consistent with this commitment, as well as with University policies and procedures, and applicable federal, state and local laws, and regulations.
- Publication of Research Findings: Research Integrity encompasses concern for the quality of published works, recognizing and citing the accomplishments of others, careful review of manuscripts, conferring of co-authorship only to those who have made a significant contribution and the ability and willingness of all authors to publicly defend published results.
- Training and Maintenance of Certification: All researchers who are required by their funding sponsors to maintain certification in the Responsible Conduct of Research must do so. The Institution and its officials are required to provide high quality training opportunities in a timely and efficient manner in order to assist researchers in meeting this responsibility.
policy
Shift Differential
Official University Administrative Policy
Policy Name:
Shift Differential
Effective Date:
May 1 1992
Policy Number:
PER 3 09
Policy Applicability:
This policy applies to University Staff
Policy Statement:
All classified employees working the second or third shift shall receive a shift differential. Shift differentials will be paid only to classified employees who are scheduled to work four or more hours after 6 p.m. and before 6 a.m.
Shift differentials will be assigned according to job classifications and must be included in determining pay for overtime compensation.
Definitions:
The second shift is any shift that regularly starts on or after 2 p.m. but before 10 p.m.
The third shift shall be any shift that regularly starts between 10 p.m. and 2 a.m.
Responsibilities:
Pay for shift premium is calculated by the Payroll Office.
policy
Transfers
Official University Administrative Policy
Policy Name:
Transfers
Effective Date:
May 1 1992
Policy Number:
PER 2 06
Policy Applicability:
This policy applies to University Staff
Policy Statement:
- Department heads may reassign regular status employees by transferring them from one position to another in the same pay grade when it is in the best interest of the university. Such transfers must be pre-approved by the Vice President of Human Resources and will be made without regard to race, sex, age, color, national origin, ethnicity, creed, religion, diversity of thought, political viewpoint, social viewpoint, disability, genetic information, sexual orientation, gender, gender identity and expression, marital status, pregnancy, or veteran status.
- A regular status employee, who meets the minimum qualifications of an available position, may apply for a transfer from one position to another in the same pay grade.
- A regular status employee who is transferred to another position will serve a six-month qualifying period. During this period, the employee's performance is to be appraised every 60-calendar days for a six-month period. If during this six-month period of employment the employee receives an unsatisfactory appraisal, the employee will be appraised at least once every 30 calendar days for a maximum of 90 calendar days until his or her performance has improved and is evaluated as at least satisfactory or the employee is terminated.
Definitions:
A transfer occurs when a regular status employee is moved laterally from one position to another without a change in pay grade.
Responsibilities:
The final decision for accepting or declining a particular applicant is made by the hiring supervisor/unit head and is subject to review by the Human Resources Department to assure compliance with the affirmative action requirements.
Official University Administrative Policy
Policy Name:
Unlawful Discrimination
Effective Date:
May 1 1992
Policy Number:
PER 5 02
Policy Applicability:
This policy applies to University Administrators Faculty Staff and Students
Policy Statement:
This policy is obsolete. Please see PER 1.02 Sexual Harassment and PER 1.10 Reports of Bias, Discrimination, and Harassment.
Related Information:
Official University Administrative Policy
Policy Name:
Electronic Funds Transfer EFT Receipts Identified and Unclaimed
Effective Date:
June 2 2008
Policy Applicability:
This policy applies to University Employees administrators faculty and staff
Policy Statement:
- Departments are responsible for notifying Treasury Management when they are receiving an EFT deposit for the first time and must provide the Program/SpeedType code (hereinafter referred to as "SpeedType") and Account code to post the funds. If additional deposits are expected, the SpeedType and Account code initially provided will be used for all future deposits.
- Authorization forms provided by the payor requesting bank account information to allow payments to be sent via EFT must be completed by Treasury Management who has sole authority for releasing bank account information.
- In addition to any Authorization form required by the payor, departments must submit to Treasury Management a completed Request Remittance to UofL Via EFT form by email TREASMGT@louisville.edu.
- Bank account information is not to be provided without prior authorization from Treasury Management.
- Treasury Management will provide notification to University Accounting (hereinafter referred to as "UA") for any EFT posted by the bank the previous day or as soon as posting information is received from the department and include any applicable documentation.
- UA will post each deposit to the SpeedType and Account code previously provided. See Procedures C. 5. for additional information.
- Inquiries should be directed to the Treasury Department at (502) 852-8200 or email (preferred) TREASMGT@louisville.edu.
Official University Administrative Policy
Policy Name:
Budget Entries and Revisions
Effective Date:
November 11 2003
Policy Number:
BFP 012
Policy Applicability:
This policy applies to Lead Fiscal Officers and Unit Business Managers with Budget Responsibility
Policy Statement:
The Office of Budget and Financial Planning, Controller's Office and Office of the Executive Vice President for Research and Innovation have the responsibility of approving the initial budget load and any subsequent changes to the budget. In order to assign and detail responsibility of these changes to the respective area that should make them, the Finance Responsibility Matrix was created. The Finance Responsibility Matrix outlines the functional areas responsible for overseeing the initial load of the budget into PeopleSoft Financials and any subsequent revisions or adjustments. For the initial load of the budget, please refer to the Reviews, Approves Budget column for the functional area responsible for each program code grouping. Similarly, refer to the Reviews, Approves, Enters column under the Subsequent Changes heading for the unit responsible for maintaining budgets throughout the year.
As indicated by the matrix, only the functional area specifically designated can make manual entries into the system. In the event that correcting entries should be required, only the responsible office specified by the matrix should make these as well.
Related Information:
Finance Responsibility Matrix - University Reports Financials/Financials - Listings or Finance Responsibility Matrix (pdf)
Policy Reasoning:
To provide accountability and direction for budget loads, entries, and revisions by program group, fund code, and entry type.
Official University Administrative Policy
Policy Name:
Centers of Excellence Budgets
Effective Date:
September 8 1992
Policy Number:
BFP 002
Policy Applicability:
This policy applies to Deans Vice Presidents Center Directors Program Directors Lead Fiscal Officers and Unit Business Managers
Policy Statement:
The Council on Postsecondary Education (CPE) award for University Centers of Excellence will be budgeted in a separately identified general fund account. These accounts will serve as cost centers for recording all direct costs relating to the CPE award. Line item budgets will be prepared for each Center of Excellence. This will be accomplished by the program director during the preparation of the University's annual operating budget.
Departmental general funds, apart from the Council on Post-Secondary Education (CPE) award, supporting the Center of Excellence will be identified by the program director during the normal budgeting process. The budget for these line items will remain in departmental accounts, although they subsequently will be consolidated with the center award funds for financial reporting to the CPE. Similarly, restricted funds including gifts, grants, and contracts that directly relate to the Center will be line item budgeted in separately identified restricted fund accounts. Consistent with budget guidelines, these restricted funds will be considered a part of the Center's overall operating budget and included as such on financial reports.
Fringe benefit costs for personnel assigned to the Center will be budgeted and expended in accordance with the University's established practices. The President will entertain requests from units to use unexpended fringe benefit budgets from the CPE award.
Adjustments to the approved budget will be made through the budget adjustment process in accordance with established University policies. Program directors may reallocate funds within the Center account as programmatically justified. Transfers between expenditure categories (i.e., movement from salaries to current expenses) are permitted. Please note, however, that program directors are required to provide written justification for significant budget transfers in the progress report to the CPE.
Funds remaining at fiscal close will be carried forward into the new fiscal year as allocated fund balances. Program directors will be required to rebudget the fund balances that are carried forward. Overdrafts on Center of Excellence accounts will be deducted from the subsequent year's budget allocation.
Responsibilities:
It will be the responsibility of the program director to prepare progress reports to the CPE and coordinate them with their dean. Reports should be forwarded through the Office of the Provost to the Office of Budget & Financial Planning (BFP). BFP will be responsible for reviewing all financial reports and coordinating the final progress report with the Council staff. The President or Provost will approve all final reports.
As part of the progress report to the CPE, special consolidated financial reporting is required. It will be the responsibility of the program director to maintain cost information, for both general and restricted funds, for use in preparing the consolidated financial reports.
Official University Administrative Policy
Policy Name:
Financial Liquidity and Reserves
Effective Date:
July 19 2018
Policy Applicability:
This policy applies to University employees administrators faculty and staff
Policy Statement:
The ability of the University to meet its short and long term financial obligations is paramount to its mission. This policy establishes a formal process to budget, measure and monitor both Liquidity and Reserves of the University.
Policy Reasoning:
The purpose of the policy is to assure that the University maintains sufficient Liquidity and Reserves to meet expected and potential Cash needs over time, react to unforeseen adverse conditions and be able to make necessary strategic investments to further the University's mission.
Definitions:
- Liquidity - the ability of the University to meet its financial obligations when due through the use of its short term assets.
- Reserves - liquid balances and investments held by the University. Unrestricted gift funds held by the Foundation and external lines of credit may also be available to supplement the aforementioned minimum reserves and liquidity amounts.
- Cash - the liquid cash component of the University's balances, which includes cash, overnight, and short-term investments, including cash on deposit with the Commonwealth of Kentucky (subject to KRS 164A.555).
- 6 Month Rolling Average - the days Cash on hand calculation for each day in a six month average on a rolling basis.
Official University Administrative Policy
Policy Name:
Payroll and Other Expense Transfers
Effective Date:
December 1 2006
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
Payroll and other expense transfers must be processed within 90 days following the date of the original expense or pay-end date. Approval of non-payroll expense transfers for posting is contingent upon submission of supporting documentation to substantiate the propriety of the transfer. Documentation for payroll expense transfers must be retained with the originating department records for audit purposes. At minimum, the documentation supplied or retained must include dates and transaction references necessary to identify the original expenses and an adequate explanation to justify the requested transfer.
Payroll and other expense transfers requested after 90 days of the original posting or pay-end date will not be posted unless approved by a Dean or a Vice President.
The Controller's Office, Grants Management, and the Office of Industry Contracts reserve the right to reject all expense transfers requested more than 90 days after the incurrence of the original expense or pay-end date. In exceptional or extenuating circumstances, approval and posting will be contingent upon the circumstances and documentation supplied to justify the need for transfer. For example, detection of errors or omissions despite evidence that transactions were promptly reviewed and program balances were regularly reconciled may provide sufficient justification for posting. Transfers of expenses from sponsored programs intended to correct an error or to remove unallowable expenses or overcharges must be identified and submitted for posting when discovered.
Policy Reasoning:
The University abides by generally accepted accounting standards when recording and reporting financial transactions. Additional fiscal restrictions and reporting requirements may apply in the stewardship of funds associated with the fulfillment of government, corporate or other external contractual obligations.
It is the University's expectation that financial transactions will be recorded promptly and accurately when incurred. Generally accepted accounting standards, and notably government cost accounting standards, promote the consistent treatment of financial transactions. Expenses are to be charged directly in total or reasonably allocated to the appropriate program or function when incurred. See Timely Posting of Transactions Policy. The transfer or reclassification of expenses previously posted is discouraged and should be prevented whenever possible.
It is the University's expectation that all payroll and other expense transfers be posted within 90 days following the date of the original expense or pay-end date. Payroll and other expense transfers should be kept to a minimum by initially charging proper program accounts in a timely and accurate manner. Federal regulations regarding cost transfers can be found in OMB Circular A-21, Section C.4.b. The University's Research Handbook, Chapter 6.2 provides similar guidance regarding expenses related to sponsored programs.
University programs and account transaction activity should be reviewed and reconciled on a monthly basis to actual transaction balances appearing on official University Reports. The purpose of these regular reviews is to confirm that transactions posted to programs and account classifications are appropriate, complete and accurate. It is the University's expectation that errors and omissions will be detected and corrected in a timely manner by the parties responsible for initiating and authorizing the original transaction posting.
Responsibilities:
Deans and Vice Presidents
Approval by the responsible Dean or Vice President is required for payroll and expense transfers submitted more than 90 days following the date of the original expense or pay-end date prior to submission to the Payroll (payroll system transfers within the current fiscal year) or the Controller's Office (all non-payroll sponsored or non-sponsored program transfers) for approval and posting to the financial system.
Administrative Offices
Departmental administrative offices are responsible for providing availability of University Reports to those responsible for the regular review and reconciliation of programs and accounts. When expense transfers are required, the departmental administrative offices responsible for the fiscal administration of a program will initiate and submit the appropriate university forms with approval signatures and supporting documentation to the Controller's Office for final review and posting.
The Controller's Office is responsible for the final review and approval of non-payroll expense transfers submitted within 90 days of the original expense and payroll transfers that cannot otherwise be processed through the payroll system. The Controller's Office is responsible for the approval of expense transfers that include charges to sponsor and other programs and are submitted more than 90 days following the original expense or pay-end date. In certain circumstances, the Controller's Office will consider recommendations from the Office of Grants Management or the Office of Industry Contracts in their final review before posting or disapproval for posting.
Payroll is responsible for processing approved payroll system transfers submitted in accordance with the current payroll system requirements. Payroll transfers related to expenses from a previous fiscal year must be posted through the Controller's Office. Transfer requests must include proper signatures and supporting documentation for consideration.
VIOLATIONS OF THIS POLICY
Payroll and expense transfers submitted more than 90 days following the original date of the expense or pay-end date that do not include the required justification and signatures for review and approval will not be processed.
Chronic, recurring submissions of untimely payroll and expense transfers may result of loss of future spending authority.
policy
Petty Cash Funds
Official University Administrative Policy
Policy Name:
Petty Cash Funds
Effective Date:
March 1 2001
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
Petty cash funds are available to enable departments to make small, emergency purchases where a purchase order is not cost effective or a procurement card cannot be utilized. Other uses include the establishment of change funds for departments that collect cash receipts on behalf of the university and require change to appropriately complete the cash transactions.
Petty cash reimbursements may not be used to circumvent current university procedures. It is the responsibility of the custodian and supervisor to confirm the expenditure is an appropriate charge and is in compliance with all applicable procurement policies and procedures.
Petty cash funds should not be used to pay subjects on a research grant. Instead, departments are required to use a prepaid card. For more information see the Prepaid Gift Cards procedure.
In lieu of establishing a departmental petty cash fund, an employee may be reimbursed through the Petty Cash Voucher Form. This form may be used by individuals seeking reimbursement for small out-of-pocket expenses made on the behalf of the university. This form cannot be used for amounts in excess of $50 and must be in compliance with all applicable procurement policies.
Any individual handling university cash is responsible for proper security and accountability. Only authorized employees may handle monies for university business. Employees are required to appropriately safeguard, account for and document all cash maintained on behalf of the university. The cash should be maintained in a secured and locked device.
Related Information:
Sole Custody
Cash handling operations must be subject to periodic supervisory review and management. To minimize the potential for mistakes or misappropriation of cash, the segregation of cash handling duties is required. The duties of collecting cash, maintaining documentation, preparing deposits, and reconciling records should be separated among different individuals. In departments where the separation of duties is not feasible, strict individual accountability and thorough managerial supervision and review is required. In particular, the responsibility for reconciliation of the fund should be segregated from the other custodial duties.
Safekeeping
Departments are responsible for the safekeeping of cash. Physical security is mandatory for every employee involved in cash handling. The following general guidelines should be followed to help maintain the integrity of those areas handling cash:
- Unauthorized persons are not allowed in areas where cash is handled.
- Doors should be locked at all times in areas where cash is handled. Safe doors should be kept closed during working hours and locked at times when it is not necessary to be in and out of the safe.
- Large sums of cash should be counted and handled out of sight of the general public.
- Individuals should keep working funds to a minimum at all times. Excess funds should be in a locked device or deposited using the department's regular deposit procedure.
- Cash should NEVER be unattended. This applies to cash registers, desktops, and cash drawers.
- If an employee leaves his or her workstation for any reason, regardless of how briefly, cash must be appropriately secured in a locked location.
- For overnight storage and during other periods when cash is not being used, it must be kept in a safekeeping device, either a safe or locked container.
- Under no circumstances should an individual keep university cash with one's own personal funds, deposit university funds in a personal bank account or take university funds to one's home for safekeeping.
Operating Guidelines
Funds used for Purchases
- Adequate (original) receipts and documentation (vendor name, date, each item identified, W-9 & Non-cash Compensation form (if applicable), etc.) must be maintained to support all transactions made from the petty cash fund.
- Expenditures must meet the legal requirements attached to the source of university funds used to establish the cash fund. Expenditures must meet the legal requirements attached to the source of university funds used to establish the cash fund.
- The cash fund may not be used to circumvent university policies and procedures.
- No single payment may exceed $50 dollars except with special written authorization from the Controller.
- The following expenditures from cash funds are prohibited:
- Printing expenses.
- Payment to an individual for services rendered.
- Insurance premium expense.
- Office supplies and paper products.
- Items stocked in the Stockroom.
- Travel and Entertainment expenses (excludes parking fees and fuel reimbursements when a rental car is used for non-overnight travel).
- Cash advances.
Funds used for Making Change
- Cash fund may not be used to make purchases.
- Cash fund for one-time events are to be deposited along with any proceeds from the event. Follow the instructions for closure using the Petty Cash Requisition Form and deposit the funds.
- Cash fund ongoing operations, such as cash register fund, is to be replenished to the original balance at the end of operations and stored in a secure place in accordance with Safekeeping guidelines.
Specific cash funds for designated grants are governed by the grant and the original established guidelines of the fund.
- Cash funds may be audited (unannounced) at random times throughout the year.
- Cash funds are not to be commingled with personal funds.
- The amount of cash on hand plus unreimbursed receipts must equal the amount of the authorized fund at all times.
- If the purpose of the fund ceases to exist or the custodian decides to close the fund, follow the instructions for closure using the Petty Cash Requisition Form and deposit the funds. Receipts are to be attached to the Petty Cash Requisition Form for funds disbursed. The Controller's Office reserves the right to close a petty cash fund or reassign the custodian at any time.
Petty Cash Fund Controls
The following petty cash fund controls should be exercised by the custodian:
- Counting funds - Funds must be counted and the amount certified monthly (as part of the reconciliation process) and whenever they are transferred from person to another.
- Documenting disbursements and reimbursements - Written or printed receipts or "paid" invoices must be maintained to support each transfer of funds (disbursement and reimbursement).
- Accounting for overages and shortages - A supervisor must review and certify all overages and shortages. Overages are deposited with other cash receipts and shortages are documented as reconciling items in the fund. All overages and shortages should be reported to the attention of the Controller's Office, who can also help with instructions on reimbursing shortages.
- Limiting access to funds - Access to petty cash funds must be limited to the person responsible for the fund. Two or more persons may not work from one fund.
Duties of Petty Cash Custodian
Each cash fund established is specifically assigned to one individual who is designated as the fund custodian. Only full-time or 80% employees are eligible to be custodians. This individual should have exclusive access to and control of the fund. In carrying out the duties assigned, it is the custodian's responsibility to understand and follow the procedures below:
- Cash funds must be properly safeguarded. The custodian is responsible at all times for the appropriate and adequate safekeeping of these funds. The money should be kept in a secured and locked location and should not be commingled with an individual's personal funds or any other university funds. Only the custodian should have access to the keys or safe combination.
- The custodian is responsible for keeping accurate records of the fund. Periodically, as monies are disbursed from the fund, a Petty Cash Requisition Form must be completed. This form identifies the amount disbursed, the name and signatory of the individual who received the money, the purpose, the date, and custodial approval.
- Once a purchase has been completed, the individual must submit the original sales receipt to the custodian for reimbursement. The receipts should be maintained in a safekeeping area for proper accountability of the funds. Please note the sales receipt should always include the vendor's name. Adding machine tapes and scrap pieces of paper will NOT be accepted as proper documentation.
- Custodians are required to maintain appropriate records and verify the cash fund on a daily, weekly, or monthly basis, depending upon the amount of activity involved and the dollar amount of the fund. The Petty Cash Reconciliation Log offers the recommended format for performing the reconciliation.
- The petty cash fund is subject to audits, at all times, by the Controller's Office, Audit Services, External Auditors and State Auditors.
- The custodian is responsible for the cash fund until all of the funds and/or receipts have been submitted to the Controller's Office and the fund is closed or turned over to a new custodian.
- To transfer custodial responsibility on a departmental cash fund, the department should contact the Controller's Office before the change in custodian.
- Controller's Office will periodically verify balances identified as petty cash funds in the general ledger against records and actual assets.
Overages and Shortages
Both overages and shortages should be noted and tracked by the custodian and be reviewed and certified by a departmental supervisor. Significant amounts should be immediately reported to the Department Head, the Controller's Office and Public Safety. Custodians are prohibited from making petty cash funds balance by covering shortages from personal funds or withdrawing excess petty cash funds to balance the reconciliation process.
When a shortage is found, the custodian should add that amount to the next Request for Replenishment with the description of "Cash Shortage". This will allow the petty cash fund to be brought to the correct level of funds and will cause the Controller's Office to record an expense to the program in the amount of the loss. The Controller's Office will monitor these requests and may take action to dissolve the petty cash fund if necessary.
Confirmation and Reconciliation of Cash Funds
Cash funds are to be made available at any time the Controller's Office, Audit Services, External Auditors or State Auditors desires to audit funds and reports. These audits may be unannounced.
Policy Reasoning:
The Petty Cash Fund policy was created to provide guidelines for the appropriate establishment, use, and accountability of such funds. The Controller's Office established associated procedures to encourage an effective administration and internal control of cash handling operations throughout the university.
Applicability
This policy is applicable to every university department, administrative office, and affiliated/related organizations involved in handling university cash. Employees with any type of cash handling function are expected to be familiar with the requirements of this policy.
Responsibilities:
The University of Louisville has delegated the authority and responsibility for establishing policies and procedures for all cash handling activities to the Controller's Office. In carrying out this duty, the Controller's Office is responsible for:
- Establishing and enforcing policies and procedures governing the receipt, handling, custody, and disbursement of funds.
- Requiring the establishment and maintenance of records accounting for funds received and paid by the university.
- Performing periodic audits of departments with cash handling operations.
- Establishing and authorizing banking accounts to be used for university funds.
Establishing and authorizing procedures for granting, maintaining, and determining departmental petty cash needs.
Official University Administrative Policy
Policy Name:
Taxation of Professional Exam Fees
Effective Date:
June 20 2014
Policy Applicability:
This policy applies to all University Employees administrators faculty and staff
Policy Statement:
In accordance with IRS rules and regulations, professional examination fees or any other costs paid on behalf of employees leading to a new license, certification, or skill are reportable as taxable fringe benefits to employees.
Related Information:
If a payment or reimbursement relates to maintaining an employee's existing license, certification, or skill, then the payment can be treated as a working condition fringe benefit under Internal Revenue Code (IRC) § 132(d) and thus excluded from an employee's taxable income. Examples of working condition fringe benefits include:
- Fees relating to medical, attorney, or Certified Public Accountant (CPA) license renewals.
- Professional society dues relating to the employee's current job duties.
- Fees for continuing education courses that enhance an existing skill or job duty.
- Certain periodic exam fees necessary to renew or maintain an existing certification, license, or skill.
Payments or reimbursements made to acquire a new license, certification, or skill are taxable to the employee. Examples include:
- Exam fees or any other fees paid to acquire an initial medical license or initial certification in a specialized area of medicine.
- CPA exam fees or amounts paid for an initial CPA license.
- Bar exam fees and incidental expenses in securing initial admission to the bar.
- Fees paid for professional examination review courses.
The examples above are not all-inclusive. Additional examples and guidance can be found in Treasury regulation § 1.162-5 and IRS Publications 529 and 970.
Policy Reasoning:
The purpose of this policy is to inform University departments of the potential tax issues surrounding the payment of exam fees or other professional certification expenditures made on behalf of employees.
From time to time, departments request payments for professional exam fees or other costs relating to professional certification or licensure on behalf of their employees. Such payments are made at the discretion of each department and are provided as either a reimbursement to the employee or are paid directly to the certifying body itself through either a Request for Disbursement or using a departmental procurement card.
While the nature and purpose of these fees can vary, the Internal Revenue Service (IRS) usually treats such payments as fringe benefits subject to taxation. It is a common misconception that payments for expenses relating to professional certifications can be provided to an employee free of tax if the department requires the employee to seek the certification or if the department is somehow benefited by it. According to the IRS, however, employer motivation is not the primary test in determining whether or not a taxable benefit has ultimately been provided to an employee.
Responsibilities:
Department - Identify expense subject to withholding and notify Payroll Services.
Payroll Services - Withhold on taxable fringe benefits.
Tax Department - Examine documentation of any taxable fringe benefit exclusion claims and determine if exclusion is appropriate.
policy
Bid Protest
Official University Administrative Policy
Policy Name:
Bid Protest
Policy Number:
PUR 25 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or selection for award of a contract by the University of Louisville, may file a protest with the VP for Finance and Chief Financial Officer and/or designee within two calendar weeks after such aggrieved person knew or should have known the facts giving rise thereto.
Related Information:
An up to date posting of current awards can be found at Awarded Bids and Requests for Proposals.
Policy Reasoning:
KRS 45A.285; KRS 164A.555 to 164A.630
Responsibilities:
Bidder may file Protest via Certified Mail with the VP for Finance and Chief Financial Officer and/or designee within two calendar weeks after such aggrieved person knows or should have known the facts giving rise thereto. All protests must be in writing and must use the phrase "Bid Protest" in the letter. The VP for Finance and Chief Financial Officer and/or designee shall review all facts presented and render a determination in writing promptly to the aggrieved person.
The aggrieved person may appeal the determination in writing via Certified Mail within four calendar days to the VP for Finance and Chief Financial Officer who shall promptly issue a ruling in writing. A copy of such appeal must also be sent via certified mail to the VP for Finance and Chief Financial Officer and/or designee. The ruling of the VP for Finance and Chief Financial Officer shall be the final action on behalf of the University. Copies of the bid protest procedure are available on request from the University of Louisville, Department of Procurement Services.
policy
Green Purchasing
Official University Administrative Policy
Policy Name:
Green Purchasing
Policy Number:
PUR 20 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The University of Louisville is committed to the stewardship of the environment and to reducing the University's dependence on non-renewable energy. These Green Purchasing policies and procedures support the University's commitment to sustainability.
Related Information:
http://louisville.edu/sustainability/operations/green-purchasing/#uofl-green-purchasing-policies
Policy Reasoning:
The goal of this policy is to reduce the adverse environmental impact of our purchasing decisions by buying goods and services from manufacturers and vendors who share our commitment to the environment. Green purchasing is the method wherein environmental and social considerations are taken with equal weight to the price, availability and performance criteria that colleges and universities use to make purchasing decisions.
Green Purchasing is also known as "environmentally preferred purchasing (EPP), green procurement, affirmative procurement, eco-procurement, and environmentally responsible purchasing." Green Purchasing minimizes negative environmental and social effects through the use of environmentally friendly products.
Green Purchasing attempts to identify and reduce environmental impact and to maximize resource efficiency.
Definitions:
Green Purchasing is the method wherein environmental and social considerations are taken with equal weight to the price, availability and performance criteria that colleges and universities use to make purchasing decisions. Green Purchasing is also known as "environmentally preferred purchasing (EPP), green procurement, affirmative procurement, eco-procurement, and environmentally responsible purchasing."
Official University Administrative Policy
Policy Name:
Damaged Goods in Transit
Policy Number:
PUR 29 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
Damaged Goods in Transit should be reported to the Department of Procurement Services immediately so they may notify vendors, request inspections, or file freight claims on a timely basis.
Policy Reasoning:
Documentation of items and timely recording of claim.
Official University Administrative Policy
Policy Name:
Personal Service Contract
Policy Number:
PUR 11 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
It is the policy of the University of Louisville to establish personal service contracts for professional services in accordance with the provisions of KRS 45A.690 - 45A.695. Examples of services that must be provided through a personal service contract include but are not limited to consultants, doctors, employee search firms, nurses, lawyers, engineers and architects.
Commodities, equipment and non-professional services are not to be procured via a personal service contract.
Related Information:
KRS 45A.095
Government Contract Review Committee of the Legislative Research Commission Policy 99-4
Policy Reasoning:
Compliance with KRS 45A.690 - 45A.695
Definitions:
Personal service contract is an agreement whereby an individual, firm, partnership, or corporation is to perform certain services requiring professional skill or professional judgment for a specified period of time at a price agreed upon.
Committee means the Government Contract Review Committee of the Legislative Research Commission.
Contracting body means one of the following: University of Louisville, University of Louisville Athletic Association, or University of Louisville Research Foundation which must be specifically identified on each contract.
Governmental emergency means an unforeseen event or set of circumstances that creates an emergency condition as determined by the committee by promulgation of an administrative regulation.
Personal Service Contract: A written agreement whereby an individual, firm, partnership, or corporation is to perform certain services requiring professional skill or professional judgment for an agreed upon price for a specific period of time. The agreement is for a specialized service not available through a routine service provider. The contractor requires a specialized knowledge in a particular field and often requires originality, creativity, and decision-making abilities. The agreement is intellectual and professional in nature and is signed by both parties.
Sub-award: An agreement written under the authority of and consistent with the terms of the Prime Award (grant, contract, or cooperative agreement) that transfers a portion of the research or substantive effort to another organization when such expertise is not available within the primary awardee's institution.
Responsibilities:
Procurement Services is responsible for processing of all Personal Services Contracts.
The Office of Sponsored Programs Administration (SPA), Clinical Contracts Division (CCD) and Office of Industry Engagement (OIE), are responsible for sub-awards, which are not personal service contracts, including the preparation, signing and non-fiscal management of sub-awards issued by the University. Additional information can be obtained by contacting management at 502-852-3788 (SPA), at 502-852-8359 (CCD), or at 502-852-7253 (OIE).
Official University Administrative Policy
Policy Name:
Establishing Bank Accounts
Effective Date:
December 10 1997
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
No bank account which in any way purports to be, or appears associated with the University or any affiliated corporation can be established or maintained without prior authorization of the Controller's Office. Prior authorization must come from either the Controller/Treasurer or the Assistant Treasurer; and must be in writing. Use of the University or affiliated corporation's taxpayer identification number for opening or identifying any bank account not authorized by the Controller's Office is prohibited.
Policy Reasoning:
Pursuant to Kentucky Revised Statute 41.070, all State agencies must receive prior approval to open a bank account from the Commonwealth of Kentucky, Office of the Comptroller, Finance & Administration Cabinet. Thus, opening of a bank account in the University of Louisville's name, including any and all acronyms, and/or the use of the University or its affiliated corporation's taxpayer identification number without the expressed permission from the UofL Controller's Office violates the aforementioned state statute.
Official University Administrative Policy
Policy Name:
Procurement and Record Keeping of Tax Free Alcohol
Policy Number:
PUR 34 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The University has obtained an Industrial Use Permit from the Department of the Treasury, Bureau of Alcohol, Tobacco, and Firearms to order Tax-Free Alcohol for the purposes of instructional research and patient care.
Related Information:
The department determines the need to use pure grain alcohol and sends a written request to Procurement Services to establish a storage area. Request must contain such information as exact location, type of cabinet and lock, capacity and name of person who will be custodian.
Policy Reasoning:
The University Stockroom distributes and uses the Tax-Free Alcohol in accordance with the Code of Federal Regulations, Title 27, Part 213, "Distribution and Use of Tax-Free Alcohol."
Responsibilities:
The department is responsible for keeping daily record of receipts and usages.
Official University Administrative Policy
Policy Name:
Recording Returns of Duplicate Incorrect or Defective Goods
Policy Number:
PUR 28 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
Returns to vendors shall be entered into PeopleSoft for any duplicate shipments, or incorrect or defective goods that are delivered to them.
Policy Reasoning:
Assure and document of error in shipment or defective merchandise.
Responsibilities:
Departments are responsible for processing a Return to Vendor in PeopleSoft for any duplicate shipments, or incorrect or defective goods that are delivered to them.
Official University Administrative Policy
Policy Name:
Supplier Code of Conduct
Policy Number:
PUR 17 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The University of Louisville is committed to conducting its contract administration and procurement business in an ethical, legal, and socially responsible manner. The University expects its suppliers to share in this commitment and; therefore, has established a Supplier Code of Conduct. All University suppliers must meet the minimum requirements in order to do business with the University.
Related Information:
Labor Practices
All suppliers to the University of Louisville are expected to adopt sound labor practices and treat their workers fairly in accordance with local laws and regulations. In addition, suppliers must comply with the following standards:
- Fair Trade Practices - Suppliers shall not engage in collusive bidding, price fixing, price discrimination or other unfair trade practices in violation of antitrust laws.
- Bribery, Kickbacks and Fraud - No funds or assets of the supplier shall be paid, loaned, or otherwise disbursed as bribes, "kickbacks," or other payments designed to influence or compromise the conduct of the University.
- Foreign Corrupt Practices Act - While laws and customs vary throughout the world, all suppliers must comply with foreign legal requirements and United States laws that apply to foreign operations, including the Foreign Corrupt Practices Act. The Foreign Corrupt Practices Act generally makes it unlawful to give anything of value to foreign government officials, foreign political parties, party officials, or candidates for public office for the purposes of obtaining or retaining business.
- University Policies and Procedures - Suppliers must comply with the University's published policies and procedures, including, but not limited to, the University's Conflict of Interest and Procurement Code of Ethics policies.
- Intellectual Property Rights - Suppliers shall respect the intellectual property rights of others, especially the University, its affiliates and business partners. Suppliers shall take appropriate steps to safeguard and maintain confidential and proprietary information of the University and shall use such information only for the purposes specified for use by the University. Suppliers shall observe and respect all University patents, trademarks and copyrights and comply with all requirements as to their use as established by the University. Suppliers shall not transmit confidential or proprietary information of the University via the internet unless such information is encrypted in accordance with minimum standards established by the University.
Export Sanctions and Terrorism Activities
All suppliers to the University of Louisville must abide by all economic sanctions or trade embargoes that the United States has adopted, whether they apply to foreign countries, political organizations or particular foreign individuals and entities. Suppliers should not directly or indirectly engage in or support any terrorist activity. Neither suppliers nor any of their affiliates, nor any officer or director of the supplier or any of its affiliates, should be included on any lists of terrorists or terrorist organizations compiled by the United States government or any other national or international body, including but not limited to: (i) the U.S. Treasury Department's Specially Designated Nationals List, (ii) the U.S. State Department's Terrorist Exclusion List, (iii) the United Nations List Pursuant to Security Council Resolution 1390 (2002) and Paragraphs 4(B) or Resolution 1267(1999) and 8(C) of Resolution 1333 (2000), and (iv) the European Union List Implementing Article (2)(3) of Regulation (EC) No. 2580/2001 on Specific Restrictive Measures Directed Against Certain Persons and Entities with a View to Combating Terrorism.
Unauthorized Solicitations
All suppliers to the University of Louisville must comply with all guidelines issued by the University relating to access to University facilities, offices and departments, and employees. No Supplier shall use the University's computer system, including its electronic mail system and internet site, for the purpose of sending unsolicited electronic mail messages to the University community. Suppliers are not permitted to use the University's mail system for unauthorized solicitation to employees. Suppliers must receive prior written authorization from the University's Contract Administration and Procurement Services Office to hold on-campus trade shows, exhibits, or product demonstrations.
Monitoring and Compliance
All suppliers to the University of Louisville must conduct periodic audits and inspections to ensure their compliance with this University Supplier Code of Conduct and applicable legal requirements. If a supplier identifies areas of non-compliance, the supplier agrees to notify the Contract Administration and Procurement Services Office as to its plans to remedy any such non-compliance.
The University or its representatives may engage in monitoring activities to confirm Supplier's compliance to this Supplier Code of Conduct, including on-site inspections of facilities, use of questionnaires, review of publicly available information, or other measures necessary to assess supplier's performance. Any University supplier or University employee that becomes aware of violations of this policy is obligated to notify the Contract Administration and Procurement Services Office. Based on the assessment of information made available to the University, the University of Louisville reserves the right (in addition to all other legal and contractual rights) to disqualify any potential supplier or terminate any relationship with any current supplier found to be in violation of this Supplier Code of Conduct without liability to the University.
Environmental Practices
All suppliers to the University of Louisville shall comply with all environmental laws and regulations applicable to their operations worldwide. Such compliance shall include but not be limited to, among other things, the following items:
- Obtaining and maintaining environmental permits and timely filing of required reports.
- Proper handling and disposition of hazardous materials.
- Monitoring, controlling and treating discharges generated from operations.
Occupational Health and Safety Practices
All suppliers to the University of Louisville are expected to provide their employees with a safe and healthy working environment in order to prevent accidents and injury to health arising out of, linked with, or occurring in the course of work or as a result of the operation of the supplier. Suppliers shall, among other things, provide:
- Occupational health and safety training.
- A system for injury and illness reporting.
- Medical treatment and/or compensation to injured/ill workers arising as a result of working for supplier.
- Machine safeguarding and other protective measures to prevent injuries/illnesses to workers.
- Clean and safe facilities.
Related Links:
University's Conflict of Interest
Procurement and Contract Authority
University of Louisville Purchase Order Terms and Conditions
Policy Reasoning:
Compliance with Laws, Regulations and Published Standards
All suppliers to the University of Louisville must comply with all applicable laws, codes or regulations of the countries, state, and localities in which they operate. This includes, but is not limited to, laws and regulations relating to environmental, occupational health and safety, and labor practices. In addition, University suppliers must require their suppliers (including temporary labor agencies) to do the same. Firms should be registered and authorized to do business in the Commonwealth of Kentucky by registering with the Kentucky Secretary of State.
policy
Vehicle Use
Official University Administrative Policy
Policy Name:
Vehicle Use
Effective Date:
2005
Policy Number:
RISK P 100
Policy Applicability:
This policy applies to the University Community administrators faculty staff students and volunteers
Policy Statement:
When driving, renting, leasing a university vehicle for university business the following policy will provide necessary information related to appropriate usage of the vehicle and the appropriate behaviors that accompany this privilege.
University vehicles or Long-term Leased Vehicles
To ensure appropriate insurance coverage is obtained for the vehicle, it is essential that departments contact Enterprise Risk and Insurance when a vehicle is purchased or leased on a long-term basis with the following information: year, make, and model of vehicle; date of acquisition; amount paid or value of vehicle; vehicle identification number (VIN); license number; and if leased, the leasing agent. When a vehicle is transferred to another department, transferred to surplus property, sold, or returned to the leasing agent, the department should notify Enterprise Risk.
Short-term Rental Vehicle
If departments or university organizations find it necessary to rent vehicles on a short-term basis from a rental agency, the vehicle should be rented in the name of the university. The rental agency may require the driver's name to be on the form, if this is the case, then write "University of Louisville / (driver's name)." Also, list the University of Louisville's Enterprise Risk and Insurance office address: 215 Central Avenue, Suite 205, Louisville, KY 40208, not your home address, on the contract.
The university carries automobile insurance coverage for the vehicle and the employee. Therefore, it is not necessary to purchase insurance offered by the rental agency. The insurance coverage provided by the university is only available on vehicles rented or leased in the university's name (as described above) and for approved university functions/business. When renting a vehicle for a short-term, a university automobile insurance identification card should be in the driver's possession. A copy of the current insurance card can be obtained via the Enterprise Risk and Insurance website or by contacting Enterprise Risk at 502-852-6926 or rskmgt@louisville.edu.
For procedures on how to rent a vehicle in the name of the university, please refer to Purchasing Policy 36.00 Vehicle Rental.
15 Passenger Vans
Please review the 15 passenger van guidelines prior to renting a 15 passenger van. Any questions, please contact Enterprise Risk at 502-852-6926 or rskmgt@louisville.edu.
Personal Vehicles Used for University Business
When an employee is using their personal auto for official university business, the employee's auto insurance is primary. The university's auto insurance would be excess only for liability. Physical damage to an employee's auto while driven on official university business, is not covered by the university's auto insurance. The university does not pay any out-of-pocket expenses for physical damage or any portion of an employee's deductible.
In general, when employees are traveling to an event, they should depart from their place of work. If the employee begins their travel from their home, the travel could be considered normal travel to and from work, which is excluded from the university's insurance coverage. There could be exceptions to this example: If the travel is directly to the event and is required by the university as part of the employee's employment. If you have any questions or need clarification, please contact Enterprise Risk at rskmgt@louisville.edu.
International Vehicle Use
If departments or university organizations find it necessary to rent vehicles for approved university functions/business on a short-term basis from a rental agency in a country other than the United States, the vehicle should be rented in the name of the university. The rental agency may require the driver's name to be on the form, if this is the case, then write "University of Louisville / (driver's name)."
Because of differences in insurance requirements in other countries, departments should purchase the insurance provided by the rental agency when renting a vehicle in a country other than the United States.
Driving in Mexico and Canada
When taking a university-owned vehicle into Mexico or Canada, a copy of the vehicle registration should always be kept in the vehicle. Please contact Inventory Control to obtain a copy of the vehicle registration.
Vehicles Used on Field Trips
For any field trip driver that has not had a Motor Vehicle Record (MVR) check done by the university within the past twelve (12) months, Enterprise Risk and Insurance should be contacted at least five (5) working days prior to the field trip to have an MVR check completed for all drivers. If a vehicle designed to transport sixteen (16) or more passengers is used, a Commercial Driver's License is required, see details below.
Automobile Insurance Identification Cards
A University automobile insurance identification card, which indicates proof of insurance, must be kept in the glove compartment of all university owned or long-term leased vehicles. If renting a vehicle for a short-term, a university automobile insurance identification card should be in the driver's possession. A copy of the current insurance card can be obtained at the Enterprise Risk and Insurance website or by contacting Enterprise Risk.
DRIVER REQUIREMENTS
General Standards
University employees, students and volunteers may be authorized to operate university vehicles for the purpose of conducting university business, provided they are at least 18 years old, have an appropriate and valid U.S. driver's license for the vehicle being driven, have reasonable experience driving the type of vehicle being used, and could reasonably be expected to operate the vehicle in a safe and prudent manner. Compliance with Kentucky law and the university's vehicle use policy are required for any driver to be allowed to use a university vehicle. Individual departments may impose additional standards, restrictions, or driver education or training requirements. This vehicle use policy is in addition to any requirements, standards, operating restrictions, or suspensions imposed by law. Drivers are to have in their possession a valid driver's license at all times. No one with a learners permit my drive a university vehicle or on university business.
Motor Vehicle Records Checks
Departments are required to submit a list of drivers with license information to Enterprise Risk and Insurance annually for those drivers who will have routine access to departmental vehicles or may drive their personal vehicles on university business. Enterprise Risk will have the university's insurance provider conduct an MVR check and Enterprise Risk will notify the department if someone is not insurable based on the Driver's Guidelines listed below. To add employees to their approved driver list, departments should have the driver complete the University Driver Form to Enterprise Risk for processing, review, and approval prior to allowing the employee to drive for University business.
Driver's Eligibility Guidelines
The following guidelines will be used to determine a driver's eligibility under the university's auto insurance policy. Drivers will not be eligible to drive for University business if:
Eligibility Matrix
Number of At-Fault Accidents
Number of minor violations
0
1
2
3
0
Clear
Acceptable
Borderline
Unacceptable
1
Acceptable
Borderline
Unacceptable
Unacceptable
2
Borderline
Unacceptable
Unacceptable
Unacceptable
3 or more
Unacceptable
Unacceptable
Unacceptable
Unacceptable
Any major violations
Unacceptable
Unacceptable
Unacceptable
Unacceptable
Major violations (within the last five (5) years of violation date) include:
- A violation in connection with a fatal accident.
- Any felony involving the use of an automobile.
- Driving under a suspended, revoked, or expired license.
- Driving under the influence of drugs or alcohol and/or the refusal to take a blood/breath test.
- Fleeing or attempting to elude the police; failure to stop and report an accident in which the driver was involved.
- Negligent vehicular homicide.
- Operating a motor vehicle without the owner's permission.
- Permitting an unlicensed person to drive.
- Reckless, negligent, careless driving or racing.
- Speeding in excess of 20 mph over the speed limit.
The following are not considered as a violation:
- Defective equipment (lights, brakes, etc.).
- Oversize or overweight.
- Seatbelt violations.
Borderline drivers include "borderline" situations as noted in the above chart and the following:
- Past suspensions with reinstatements shown on the MVR.
- Drivers 18-21 with one or more violations/accidents within the last three years.
If a university employee, student, or volunteer loses their license and they drive a university vehicle, rent vehicles for university business, or drive their vehicle on university business, they must notify their department supervisor and Enterprise Risk immediately.
Drivers from Other Countries
Drivers from other countries can only be approved to drive university-owned, leased, or rented vehicles if they have a valid US driver's license or a valid International Driver's License. This permit or license must always be carried when driving a university-owned, leased or rented vehicle.
Commercial Driver's License (CDL)
All drivers who are using a commercial motor vehicle are required to possess a current valid commercial driver's license (CDL). A CDL is required for:
- Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, if the gross vehicle weight rating of the vehicle being towed is more than 10,000 pounds;
- A vehicle with gross vehicle weight rating of 26,001 or more pounds;
- A vehicle that is designed to transport sixteen (16) or more passengers, including the driver; or
- A vehicle used in the transportation of hazardous materials which requires the vehicle to be placarded under Title 49, code of Federal Regulations, Part 172.500, sub-part F, as adopted by administrative regulations of the cabinet, pursuant to KRS Chapter 13A.
SAFETY ISSUES
Alcohol and Drug Use
No alcoholic beverages, prescription drugs that could impair someone's driving ability, illegal drugs, or controlled substances are to be used or consumed by the driver and/or passenger(s) of a University-owned, lease, or rented vehicles, including personal vehicles while being used on university business.
Seat Belt Use
Use of seat belts is required for all persons occupying the vehicle. It is the driver's responsibility to ensure that all persons are properly secured before the vehicle is put in motion.
Smoking
Smoking is not permitted in university-owned, leased, or rented vehicles.
Firearms
Other than those carried by university police, firearms are not permitted in any university-owned, leased, or rented vehicles.
Hazardous Materials
Hazardous materials should not be transported in University-owned, leased, or rented vehicles unless approved by the Department of Environmental Health and Safety.
Traffic Laws
The driver is required to obey all state and federal traffic laws pertaining to the safe operation of a vehicle. The drive is personally liable for any fines, traffic or parking violations received.
Driver Training
Drivers may be required to view a driver safety video.
VEHICLE MAINTENANCE
All university-owned vehicles are required to have an annual (semi-annual preferred) maintenance and safety inspection. The fluids, tire pressure, lights, and windshield wipers should be inspected at least weekly. Drivers should report any vehicle malfunctions to their supervisor immediately for corrective action.
BACK-UP ALARMS
All university-owned vehicles should be equipped with back-up alarms, including sedans. Departments that use vehicles for delivery purposes and vehicles that are used around campus must have the alarms installed.
Related Information:
Policy Reasoning:
Provide the university community with a permissible usage of university owned, rented, or leased vehicles.
Definitions:
Motor Vehicle Record (MVR) check: is a report of your driving history, as reported from your state Department of Motor Vehicles. Information on this report may include Driver's License information, point history, violations, convictions, and license status on your driving record.
Field trip - is an activity organized by a university department for an approved university related purpose that requires use of a vehicle to provide group transportation to and/or from the field trip location.
Responsibilities:
University departments with university vehicles or department that rent or lease vehicles for university business.
policy
No Idling
Official University Administrative Policy
Policy Name:
No Idling
Effective Date:
November 22 2010
Policy Number:
PARK003
Policy Applicability:
This policy applies to all vehicles owned by the University of Louisville or its affiliates or operated by any employee or contractor of the university during the course of their job duties at the university
Policy Statement:
All vehicles should be turned off when not in use or when the driver leaves the vehicle for any length of time. Equipment should not be left idling more than 1 minute and should be turned off unless doing so would hurt its operation.
Related Information:
Exceptions:
- Vehicles at job sites requiring the use of emergency lights or other powered accessories to accomplish their assignment.
- Department of Public Safety vehicles are exempted during emergency and training situations.
- Inclement weather situations where the supervisor authorizes the use of the vehicle/equipment heater-defroster for the work crew's comfort when the temperature is below freezing or over 90 degrees. In these situations, vehicle may idle for 5 minutes for heating/cooling. At no time should the vehicle be left unattended.
Policy Reasoning:
Unnecessary idling poses a risk to people in the vicinity and to the environment. Engine emissions are increasingly connected to a wide variety of health complaints. Automobile exhaust leads to tropospheric ozone formation and other forms of air pollution. It also releases greenhouse gases to the atmosphere, a major contributor to global climate change. No-idling is a simple and cost-effective way to reduce emissions and protect health.
Vehicles idling get zero miles per gallon. Unnecessary idling wastes fuel and pollutes. Running an engine at a low speed also causes more wear and tear on the vehicle. Studies have shown that the break-even point of turning an engine off and restarting it as compared to leaving it on to idle is 30 seconds.
Responsibilities:
Drivers of vehicles should turn off their vehicles as soon as possible to reduce idling and harmful emissions. Vehicles should be turned off when unloading passengers or goods. Buses should not idle while waiting for students during field trips, athletic events or other events using buses. Engines of service vehicles should be turned off while making deliveries. Vehicles should be turned off while waiting at train crossings.
Where appropriate, signage shall be used to inform drivers of the no-idling policy.
Official University Administrative Policy
Policy Name:
Intellectual Property Policy
Effective Date:
July 23 2007
Policy Number:
ISO 003 v2 0
Policy Applicability:
This policy applies to all persons while conducting performing work teaching research or study activity or otherwise using university resources Scope Applicability also includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
The University of Louisville respects the intellectual property rights of others and expects the same of the user community. Users must abide by applicable intellectual property laws and/or regulations, including but not exclusive to those pertaining to text, graphics, art, photographs, music, software, movies and games. Users must refrain from actions or access which would violate the terms of licensing and nondisclosure agreements.
Policy Reasoning:
To inform members of the University community of responsibilities related to intellectual property.
Responsibilities:
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology Services, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
policy
De Minimis Gifts
Official University Administrative Policy
Policy Name:
De Minimis Gifts
Effective Date:
September 5 2007
Policy Number:
FIN 1 8340
Policy Applicability:
This policy applies to University Employees administrators faculty and staff
Policy Statement:
Gifts provided by the University to employees are treated as taxable wages. Certain de minimis gifts or benefits may be provided free of tax.
Related Information:
Internal Revenue Code Sec. 132(a)(4)
IRS Publication 15-B
IRS ILM 200108042
Policy Reasoning:
The University must comply with Internal Revenue Service (IRS) withholding rules when compensating employees.
Definitions:
In general, a de minimis benefit is one for which, considering its value and the frequency with which it is provided, is so small as to make accounting for it unreasonable or impractical. This would include such items as:
- Occasional employee use of photocopier.
- Occasional snacks, coffee, doughnuts, etc.
- Occasional tickets for entertainment events.
- Holiday gifts, Gifts of Appreciation.
- Flowers, fruit, etc., provided under special circumstances.
In determining whether a benefit is de minimis, you should always consider its frequency and its value. An essential element of a de minimis benefit is that it is occasional or unusual in frequency. It also must not be a form of disguised compensation. The IRS has ruled that non-cash items (tangible gifts) with a value of $100 could not be considered de minimis and would need to be reported on a W-2 or 1099-Misc. form. In cases where an employee is presented with any form of cash payment as a reward/award, the payment should be made via the Payroll process.
Responsibilities:
Departments are encouraged to work with the Controller's Office when planning these transactions to ensure that they are handled in an appropriate manner. Blanket approval for recurring awards may be given.
Official University Administrative Policy
Policy Name:
Regular and Substantive Interaction in Online Courses
Effective Date:
July 1 2020
Policy Applicability:
This policy applies to University of Louisville employees and units developing offering and engaging in online programs courses and activities including courses marked Online Synchronous OS Online Asynchronous OA or other comparable designation The University of Louisville offers online courses which fall under the U S Department of Education s definition of distance education and this policy applies to all courses that are subject to the federal requirements for distance education
Policy Statement:
The University of Louisville (University or UofL) is committed to complying with all requirements regarding the operation of online education within states and U.S. territories. This policy addresses the Department of Education regulations concerning the regular and substantive interaction requirements for online courses. University online courses must be designed to facilitate regular and substantive interaction between instructors and students. The University requires instructors teaching online courses to have regular and substantive interaction with the students enrolled in those courses.
Training and Resources
The Delphi Center for Teaching and Learning will provide instructional design services and informational documents to assist instructors with course design.
Instructors teaching an online course will be sent a notice on annual basis to remind them of this policy and its requirements. Abiding by this policy is considered a condition of work for instructors teaching online courses.
Compliance
Units and employees are expected to comply with this policy when engaging in online courses/programs. Failure to comply could result in disciplinary action of employees, suspension of online courses, and/or financial loss of courses found in violation of this policy. Federal regulations related to online learning were used to guide this policy and any violation of this policy will be taken seriously.
Institutions failing to comply with regular and substantive interaction requirements could potentially lose eligibility for Title IV funds and could be required to return financial aid disbursed for courses found in violation.
Individuals should report violations of this policy to appropriate University leadership, including but not limited to, the Delphi Center for Teaching and Learning at deregs@louisville.edu, the University Integrity and Compliance at compliance@louisville.edu, or the University's Compliance and Ethics Hotline.
Related Information:
Higher Education Opportunity Act, Pub.L. 110-315, 122 Stat. 3078, codified as amended at 34 C.F.R. §600.2.
Academic Calendar and Awarding of Course Credit Hours Policy - see policy for more information related to regular and substantive interaction in online education
Policy Reasoning:
Per federal law, institutions must ensure that the online courses for which students use federal financial aid have "regular and substantive interaction between students and instructors."
The purpose of this policy is to inform units about the U.S. Department of Education regular and substantive interaction requirements and to eliminate potential university risks associated with violation of these regulations.
Definitions:
Distance Education: The United States Department of Education defines distance education as follows:
(1) Education that uses one or more of the technologies listed in paragraphs (2)(i) through (iv) of this definition to deliver instruction to students who are separated from the instructor or instructors and to support regular and substantive interaction between the students and the instructor or instructors, either synchronously or asynchronously.
(2) The technologies that may be used to offer distance education include:
(i) The internet;
(ii) One-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices;
(iii) Audio conference; or
(iv) Other media used in a course in conjunction with any of the technologies listed in paragraph (2)(i) through (iii) of this definition.
(3) For purposes of this definition, an instructor is an individual responsible for delivering course content and who meets the qualifications for instruction established by an institution's accrediting agency.
(4) For purposes of this definition, substantive interaction is engaging students in teaching, learning, and assessment, consistent with the content under discussion, and also includes at least two of the following:
- Providing direct instruction;
- Assessing or providing feedback on a student's coursework;
- Providing information or responding to questions about the content of a course or competency;
- Facilitating a group discussion regarding the content of a course or competency; or
- Other instructional activities approved by the institution's or program's accrediting agency.
(5) An institution ensures regular interaction between a student and an instructor or instructors by, prior to the student's completion of a course or competency:
- Providing the opportunity for substantive interactions with the student on a predictable and scheduled basis commensurate with the length of time and the amount of content in the course or competency; and
- Monitoring the student's academic engagement and success and ensuring that an instructor is responsible for promptly and proactively engaging in substantive interaction with the student when needed on the basis of such monitoring, or upon request by the student.
Responsibilities:
Instructors teaching online courses are responsible for complying with this policy and its associated federal regulations. Instructors teaching online courses are responsible for ensuring their courses are designed to facilitate regular and substantive interaction between instructors and students. Instructors may consult with the Delphi Center to ensure that their online courses meet the above regular and substantive interaction requirements.
Each department or academic unit is responsible for ensuring instructors who teach online courses in their department comply with this policy and its associated regulations.
The Delphi Center is responsible for creating and maintaining informational resources and trainings, as needed, covering regular and substantive interaction for instructors.
Official University Administrative Policy
Policy Name:
Operating Funds Investment
Effective Date:
December 16 2021
Policy Applicability:
This policy applies to the investment of operating funds and the minimum cash reserve of the University of Louisville and its affiliated corporations
Policy Statement:
Maintenance of adequate liquidity to meet the cash flow needs of the University is essential. Accordingly, to the extent possible, the University's funds will be structured in a manner that ensures sufficient cash is available to meet anticipated liquidity needs. Whenever practical, selection of investment maturities will be consistent with the known cash requirements of the University in order to minimize the forced sale of securities prior to maturity.
As indicated in the table below, Tier 1 will serve to meet the daily liquidity needs. The total of Tier 1 shall have a minimum of 45 days cash for day-to-day operating liquidity. When calculating the days cash on hand, expenses shall be based on the consolidated prior fiscal year average operating expense per day.
For purposes of the policy, the fund's assets shall be segregated into four categories based on expected liquidity needs and purposes: Tiers 1 through 4.
Tier 1 Portfolio
Assets categorized as Tier 1 shall be invested in permitted investments maturing in twelve (12) months or less. Because of the difficulties inherent in accurately forecasting cash flow requirements, a portion of the portfolio shall be continuously invested in readily available funds such as money market mutual funds, bank deposits or overnight repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing obligations. Also included in the Tier 1 Portfolio are investments managed by the Office of Financial Management at the Commonwealth of Kentucky and shall comply with Kentucky Revised Statute 42.500 and Kentucky Administrative Regulations (200 KAR 14:011 and KAR 14:091).The investment/return objective is principal preservation and liquidity.
Tier 2 Portfolio
The Tier 2 Portfolio shall be invested in permitted investments with a stated maturity of not more than five (5) years from the settlement date of purchase. The investment/return objective is principal preservation and enhanced return on investment.
Tier 3 Portfolio
The Tier 3 Portfolio shall be invested in permitted investments with a stated maturity of not more than ten (10) years from the settlement date of purchase. The investment/return objective is principal preservation and enhanced return on investment.
Tier 4 Portfolio
The Tier 4 Portfolio shall be invested in the external investment pools at the University of Louisville Foundation, Inc. The long-term investment/return objective is capital appreciation and principal preservation.
Related Information:
Repurchase Agreements: collateralized at 102% by U.S. Treasuries
Allowed
Allowed
Compensating balance arrangements with depository banks
Allowed
n/a
Shares of money market funds governed by SEC Rule 2a-7, each of which shall have the following characteristics:
•The mutual fund shall be an open-end diversified investment company registered under Federal Investment Company Act of 1940, as amended;
•The management company of the investment company shall have been in operation for at least five (5) years; and
•The mutual fund shall be rated in the highest category by a NRSRO
Allowed
Allowed
Shares of funds not governed by SEC Rule 2a-7
•Investment in the fund must be approved by the IAC
Not Allowed
Allowed
Obligations and contracts for future delivery of obligations backed by the full faith and credit of the U.S. or a U.S. government agency, including but not limited to:
•U.S. Treasury;
•Export-Import Bank (EXIM) of the U.S.;
•Farmers Home Administration (FmHA);
•Government National Mortgage Corporation (GNMA); and
•Merchant Marine bonds
Allowed, duration should be appropriate for Tier
Allowed, duration should be appropriate for Tier
Collateralized or uncollateralized certificates of deposit (CD), issued by banks rated in one (1) of the three (3) highest categories by a nationally recognized statistical rating organization (NRSRO) or other interest-bearing accounts in depository institutions chartered by this state or by the U.S., except for shares in mutual savings banks
Collateralized only allowed, duration should be appropriate for Tier
Allowed, duration should be appropriate for Tier
Bankers acceptances (BA) for banks rated in the highest short-term category by a NRSRO
Allowed, limited to the lessor of $25 million per name or 10% of the total Tier investments and have a maturity of less than 120 days
Allowed, limited to the lessor of $25 million per name or 10% of the total Tier investments and
duration should be appropriate for Tier
Commercial paper (CP) rated in the highest short-term category by a NRSRO
Allowed, amount limited to the lesser of $25 million per name or 10% of the total Tier investments and must have a maturity of less than 120 days
Allowed, limited to the lessor of $25 million per name or 10% of the total Tier investments and duration should be appropriate for Tier
Securities issued by a state or local government, or any instrumentality or agency thereof, in the U.S., and rated in one (1) of the three (3) highest long-term categories by a NRSRO. The maturity and credit restriction shall be waived for obligations issued by the Commonwealth of Kentucky or any entity within the Common-wealth of Kentucky
Allowed, amount limited to the lessor of $25 million per name or 10% of the total Tier investments; must have a maturity of less than 120 days; and be rated in the highest long-term category by a NRSRO
Allowed, duration should be appropriate for Tier
U.S. denominated corporate, Yankee, and Eurodollar securities, excluding corporate stocks, issued by foreign and domestic issuers, including sovereign and supranational governments, rated in one (1) of the three (3) highest long-term categories by a NRSRO
Allowed, amount limited to the lessor of $25 million per name or 10% of the total Tier investments; must have a maturity of less than 120 days; and be rated in the highest long-term category by a NRSRO
Allowed, duration should be appropriate for Tier
Asset-backed securities (ABS) rated in the highest category by a NRSRO
Not allowed
Allowed, duration should be appropriate for Tier
Obligations of any corporation of the U.S. government or government-sponsored enterprise (GSE), including but not limited to:
• Federal Home Loan Mortgage Corporation (FHLMC);
• Federal Farm Credit Banks;
• Bank for Cooperatives;
• Federal Intermediate Credit Banks; and
• Federal Land Banks;
• Federal Home Loan Banks (FHLB);
• Federal National Mortgage Association (FNMA); and
• Tennessee Valley Authority (TVA) obligations
Allowed, duration should be appropriate for Tier
Allowed, duration should be appropriate for Tier
Note Tier 4 investments shall be managed in accordance with Foundation Investment Policy.
Policy Reasoning:
The purpose of this Investment Policy is to set general guidelines to provide a clear understanding of the investment objectives for the University's operating funds. The policy outlines a philosophy that guides the management of the operating cash and investments toward the desired returns. It is intended to be sufficiently specific to be meaningful, yet flexible enough to be practical.
This investment policy is set forth in order to:
- Define and assign responsibilities.
- Establish a clear understanding of the investment goals and objectives for operating fund assets.
- Offer guidance and limitations regarding the investment of operating fund assets.
- Establish a basis of evaluating investment results.
- Manage the operating fund assets according to industry best practices and applicable laws.
The fund's investment objectives, in order of priority, are the following:
Safety of Principal
Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.
Maintenance of Liquidity
The University's funds shall remain sufficiently liquid to enable the University to meet all operating requirements which might be reasonably anticipated, including but not limited to payroll, accounts payable, capital projects, debt service and any other payments.
Return on Investment
The University's funds shall be managed with the objective of attaining a market rate of return (or higher) throughout the budgetary and economic cycles, considering the University's risk constraints and cash flow characteristics of the portfolio.
Responsibilities:
Delegation of Authority
The Executive Vice President for Finance and CFO has delegated to the Treasurer the responsibility for the custody, investment and disbursement of University funds in accordance with applicable laws and established policies and procedures. The Treasurer shall oversee the management of investment activity in accordance with the approved investment policy and fulfill the fiduciary responsibility to the University. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer.
Investment Advisory Committee
The Investment Advisory Committee (IAC) consists of the Treasurer, AVP Budget and Financial Planning, Assistant Treasurer, Director of Investments-Endowment and Gift Operations Strategies, Assistant Controller or Director of Accounting and Reporting and a Director level person to be determined. The committee will meet quarterly or as needed to review operating fund investments and to advise staff on investment allocations. Staff will prepare investment reports and make recommendations to the committee.
Treasury Staff
The Treasury Staff includes the Treasurer, the Assistant Treasurer, Director of Investments-Endowment and Gift Operations Strategies and employees in the Treasury Services department. Treasury Staff shall manage the daily operating fund investments and prepare analysis and recommendations to the IAC. Treasury Staff shall prepare assessments of investment balances and performance. When selecting investments to purchase for staff managed funds, as defined in Tiers 1, 2, and 3 above, a standard selection process shall be utilized. See Appendix 1 for more information regarding the selection process.
Treasury Staff may retain the services of a qualified investment manager(s) to invest funds pursuant to this policy. The Treasury staff will provide updates to the IAC on manager appointments, terminations, and the ongoing monitoring and evaluation of existing managers, at each meeting and at other times as requested by the IAC.
Safekeeping, Custody and Collateralization
The bank selected as the primary depository for the University will serve as the primary Custodian ("Custodian") for the University's bank deposits (Tier 1), operating fund investments (Tier 1, Tier 2 and Tier 3 managed by staff) and perform standard custodial functions, including security safekeeping, collection of income, settlement of trades, maintenance of collateral levels, collection of proceeds of maturing securities, and distribution of income. Other Custodians may be utilized when deemed appropriate based on the underlying fund(s) selected for investment. All cash deposits in excess of FDIC or NCUA insurable amounts and investments maintained by any financial institution shall be collateralized or have a FHLB Letter of Credit. Collateralized securities shall be purchased using the delivery versus payment procedure. Collateral shall be marked to market daily.
The Custodian(s) shall provide monthly account statements and other reports as requested by University Treasury Staff. Treasury Staff may also establish a collateral account with the Federal Reserve Bank in the name of the University of Louisville for collateral requirements.
Short-term and intermediate-term investments held by the Commonwealth for the benefit of the University are invested in the Commonwealth's investment pools and are held in the name of the Commonwealth by the Commonwealth's custodian. The low duration strategy investments managed by an external manager(s) (Tier 4 managed by external managers) are held in the University of Louisville Foundations name by the Foundation's endowment investment custodian / Money Managers.
Official University Administrative Policy
Policy Name:
Institutional Base Salary
Effective Date:
June 15 2006
Policy Number:
PER 3 11
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The Institutional Base Salary (IBS) shall be used for all internal salary studies, budget and analyses, cost projections and in making the following calculations:
- Employee annual salary adjustments;
- Employee benefits, including retirement, life insurance and other benefits calculated on a percentage of annual university salary; and
- The university's annual operating budget, approved by the Board of Trustees.
For purposes of salary requests and payroll transactions on Sponsored Programs, the IBS shall be used. IBS may not be increased as a result of replacing university salary funds with Sponsored Program funds.
For purposes of official time and effort reporting on Sponsored Programs, the IBS shall be used exclusively. Further, the IBS shall be used as the denominator in calculating the proportion, or percent effort, of an employee's activity that is allocated to Sponsored Programs.
Faculty base salary is addressed in the Redbook Section 4.3.2 and shall not be reduced except in a fiscal emergency or under the most extreme circumstances.
No unit's X-pay, X-ben or supplemental pay policy can be in conflict with this policy.
Related Information:
All X-pay, X-ben, or supplemental pay shall be in accordance with the university's Additional and Supplemental Pay policy.
Policy Reasoning:
To establish the purposes for which Institutional Base Salary shall be used.
Definitions:
Institutional Base Salary (IBS)
IBS is defined as the annual compensation paid by the university for an individual's appointment (e.g., 9, 10, 12 month Faculty appointment), whether that individual's time is spent on research, instruction, administration, or other activities. The IBS does not include bonuses, one-time payments, or incentive pay.
Definitions for Administrators and Faculty:
- Institutional Base Salary (IBS) includes base salary and supplemental pay, but excludes X-pay and/or X-ben.
- Supplemental pay is pay that is in addition to base salary and is included in calculations for retirement or other benefits. Examples of when supplemental pay should be used include, but are not limited to, on-going administrative responsibilities, recognition as a university scholar, distinguished university scholar or endowed chair, and other extraordinary compensation arrangements where the supplemental pay can be reduced or eliminated as appropriate.
- X-pay is pay for the assumption of teaching overload and/or additional duties on a time-limited, short-term basis and is excluded in calculations for retirement or other benefits that are a percentage of salary.
- X-ben (to faculty) is pay for the assumption of research (e.g., summer research) that is performed outside of an individual's academic appointment, and/or an interim assignment on a time-limited, short-term basis and is included in calculations for retirement and other benefits that are a percentage of salary.
- X-ben (for administrators) is pay for the assumption of an interim assignment and is included in calculations for retirement and other benefits that are a percentage of salary. Interim administrator assignments shall be for a limited duration, not to exceed four years, without a search to fill the position on a regular basis.
Definitions for Professional and Administrative (Exempt) Staff:
- Institutional Base Salary is regular salary plus supplemental pay, but excludes X-pay and/or X-ben.
- Supplemental pay is pay that is in addition to their regular salary and is included in calculations for retirement or other benefits. If the intent is for the position to perform additional duties for more than 12 months but within a project term with an end date, then supplemental pay should be used.
- X-pay is pay for the assumption of teaching and/or additional duties of a higher level on a time-limited, short term basis, usually 12 months or less. X-pay is excluded in calculations for retirement or other benefits that are a percentage of salary.
- X-ben is pay for the assumption of research and/or interim assignment (beyond or in addition to standard job duties as defined in the Job Description Form) on a time-limited, short-term basis and is included in calculations for retirement and other benefits that are a percentage of salary.
Sponsored Program
An externally funded activity that is governed by specific terms and conditions as outlined in a legal agreement or notice of award. Sponsored programs must be separately budgeted and accounted for subject to the terms of the sponsoring organization. Sponsored programs may include grants, contracts (including fixed price agreements), and cooperative agreements for research, training, and other public service activities. A sponsored program encompasses both the main sponsored account(s) and associated cost share and/or program income account(s).
policy
Physical Examinations
Official University Administrative Policy
Policy Name:
Physical Examinations
Effective Date:
May 1 1992
Policy Number:
PER 2 14
Policy Applicability:
This policy applies to University Staff
Policy Statement:
- Applicants for employment for certain positions will receive a physical examination after an offer of employment has been made. Positions requiring employment physicals are determined by the work requirements of the position.
- In some positions, such as those working with animals, an annual physical examination may be required.
Responsibilities:
Examinations will be given at no cost to the applicant by the University Health Science Service or Family Practice Department of the School of Medicine. Appointments for these physical examinations will be arranged by Human Resources Department.
Official University Administrative Policy
Policy Name:
Jeanne Clery Campus Safety Clery Act
Policy Applicability:
This policy applies to the University and its related entities the University of Louisville Police Department University Police and designated Campus Security Authorities CSAs
Policy Statement:
I. Crimes Which Shall be Reported by Campus Security Authorities
A. The following crimes shall be reported immediately to the University Police:
1. Murder/Non-negligent Manslaughter.
2. Manslaughter by Negligence.
3. Sex Offenses - Forcible and Non-forcible.
4. Robbery.
5. Aggravated Assault.
6. Burglary.
7. Motor Vehicle Theft.
8. Arson.
9. Hazing.
B. Hate Crimes - In addition to the above-referenced crimes, crimes of larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property, or any other crime involving bodily injury that manifest evidence that the victim was intentionally selected because of the victim's actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability shall be reported at least annually.
C. VAWA (Violence Against Women Act) Offenses - Any incidents of Domestic Violence, Dating Violence, or Stalking shall be reported.
D. Incidents where students are referred for campus disciplinary action related to liquor law, drug law, or illegal weapons violations shall be reported.
II. Fires Occurring in On-Campus Student Housing Facilities Shall Be Reported to University Police
A fire is defined as "any instance of open flame or other burning in a place not intended to contain the burning or in an uncontrolled manner."
III. Geographic Definitions for Reporting Requirements
For the purposes of this policy, the geographic areas for reporting are defined as:
A. All buildings or property owned, leased, rented, controlled, or managed by the University of Louisville;
B. All public property, including thoroughfares, streets, sidewalks, and parking facilities, within the campus, or immediately adjacent to the campus;
C. All buildings or property owned, leased, rented, or controlled by a registered student organization including fraternities and sororities; and
D. Any other building or property owned, leased, or controlled by the University that are used in direct support of, or in relation to, the University's educational purposes and are frequently used by students. This includes University of Louisville Foundation property used for educational purposes.
IV. Cooperation with Other Agencies
The University Police shall make reasonable, good faith efforts to obtain the required statistics from local police agencies concerning campus crimes reported to those agencies.
V. Reporting Requirements
A. Timely Warning Reports
The University Police and/or Communications and Marketing will timely alert the campus community when a reported incident poses a serious or ongoing threat to the campus community. The timely warnings will be made in a manner that aids in the prevention of similar crimes.
B. Emergency Notification
The University Police and/or Communications and Marketing will immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on campus, utilizing the Rave system.
C. Missing Student Notification
The University has a policy designed to comply with the Higher Education Opportunity Act of 2008 for colleges and universities to establish a missing person policy for its on-campus residents. The policy is included in the University's Annual Security and Fire Safety Report (ASR).
D. Crime Log
1. The University shall make available to the public, in written form upon request, and on the World Wide Web, an easily understood daily crime log those records, by the date the crime was reported, any crime that occurred on campus. The log is maintained by the University Police. The log must include the nature, date, time, and general location of each crime, and the disposition of the complaint, if known. https://louisville.edu/police/crime-log
2. The University Police may withhold information required in the log only if there is clear and convincing evidence that the release of that specific information may jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence. This information shall be disclosed once the adverse effect is no longer likely to occur.
E. Fire Log
1. The University shall make available to the public in written form upon request, and on the World Wide Web, an easily understood daily fire log that records by date the fire was reported any fire that occurred in on-campus student housing facilities. The log shall include the nature, date, time, and general location of each fire. https://louisville.edu.police/fire-log
2. The University Police shall complete the Annual Fire Report and include in the University's ASR pursuant to the Clery Act.
F. Campus Security Authorities
Campus Security Authorities (CSAs) shall report to University Police any allegations of Clery Act crimes that they feel were made in good faith. It is irrelevant who is involved as complainant or respondent, if a crime occurred in a location described in III above. University Police will inform the Department of Human Resources (complaints against employees), or the Dean of Students Office (complaints against students) as needed. Reports can be made using the CSA Reporting Form: https://cm.maxient.com/reportingform.php?UnivofLouisville&layout_id=11
G. Dean of Students Office, Housing Office, and Department of Human Resources
Shall report to University Police any allegations of Clery Act crimes that were brought to their attention if made in good faith. It is irrelevant who is involved as a complainant or respondent if a crime occurred in a location described in III above.
H. Data Collection and Verification
The University Police will work annually to compile the necessary data for the ASR and reconcile data with the Campus Safety and Security Analysis Cutting Tool (CSSDACT).
Related Information:
Jeanne Clery Campus Safety Act (20 USC 1092(f))
Policy Reasoning:
The University of Louisville (University) is required by federal law to produce and distribute an annual security and fire safety report containing crime and fire statistics and statements of security policy to the University community, and the U.S. Department of Education. Failure to provide required information or inclusion of inaccurate information can result in fines up to $71,545 per violation. This policy implements the federal Jeanne Clery Campus Safety Act (Clery Act).
Responsibilities:
Under the direction of the President and Provost, the following offices are responsible for ensuring that the University maintains compliance with all requirements of the Clery Act.
A. The University Police are responsible for:
- Preparing and submitting Annual Security and Fire Safety Report pursuant to the Clery Act by October 1 each year. https://louisville.edu/police/clery-crime-reports
- Creating and posting the daily crime log available to the public. https://louisville.edu/police/crime-log
- Reporting any fire that occurs in an on-campus student housing facility pursuant to the Clery Act.
- Marketing the daily fire log available to the public. https://louisville.edu/police/fire-log
- Notifying the Communications and Marketing Office of the Annual Security and Fire Safety Report availability.
B. The Office of Communications and Marketing (OCM) is responsible for:
- Announcing the availability of the ASR to faculty, staff, students, prospective students, and prospective employees.
- Notifying the University community on how to obtain a paper copy of the ASR that will be included in the electronic circulation of the ASR.
C. The University Fire Marshal is responsible for following up with the U.S. Department of Education and Kentucky Council on Postsecondary Education regarding issues related to fires.
D. Student Affairs is responsible for maintaining records required by the Clery Act.
E. Each vice president and department head shall fully cooperate with University Police and the University Fire Marshal to ensure that the employees in their respective areas comply with the requirements of the regulation and this policy. They are also responsible for attending training regarding Clery Act reporting, identifying the applicable campus security authorities in their respective units, and providing them with information regarding roles and responsibilities of a reporter.
F. Federal law requires University employees that are defined as Campus Security Authorities (CSAs) to report all campus crimes and fires of which they become aware. A CSA is broadly defined as an individual having responsibility for campus security and officials having significant responsibility for student and campus activities. CSAs may include, but are not limited to:
- Vice presidents, deans, department chairs, and directors.
- Assistant or associate vice presidents, deans, and provosts.
- Athletic directors, coaches, and trainers.
- Housing directors and resident assistants.
- Coordinator of Greek affairs.
- Any faculty member responsible for supervising any activities or programs that include direct contact with students, outside of classroom (including faculty advisors to Recognized Student Organizations).
- University Police Officers, Security Officers, and contract security officers.
- Any faculty or staff employee that leads or participates in student travel experiences, international or domestic, sponsored or organized by the University.
Exceptions:
Pastoral counselors and professional counselors are not required to report when functioning within the scope of their official capacity. A pastoral counselor is defined as a person associated with a religious order or denomination and is recognized by that religious order or denomination as someone who provides confidential counseling. A professional counselor is defined as a person licensed or certified pursuant to Kentucky statute whose official responsibilities include providing mental health counseling to members of the University community. Pastoral counselor includes individuals who are not yet licensed or certified as a counselor but are acting under the supervision of a licensed or certified professional counselor. Medical professionals are not required to report under these acts.
policy
Flex Year Positions
Official University Administrative Policy
Policy Name:
Flex Year Positions
Effective Date:
May 1 1992
Policy Number:
PER 1 18
Policy Applicability:
This policy applies to University Staff
Policy Statement:
This policy provides exempt employees with flexible work schedules which are adapted to the cyclical work load and the needs of employees of the unit for greater cost effectiveness and improved morale.
Related Information:
Section PER-4.21, Personal Leave Without Pay
- For each Flex-Year appointment, an annual work schedule, expressed in total workdays, will be predetermined prior to the Flex-Year appointment. Annual Flex-Year appointments may be no less than 195 days (9 months) or more than 239 workdays (11 months) in duration.
- Exempt employees in Flex-Year positions will be treated as regular, full-time or regular, part-time employees. Full-time exempt employees in Flex-Year positions are regularly scheduled to work a 37.5 hour workweek during their period of appointment and are paid on a monthly basis. Part-time exempt employees in Flex-Year positions will include appointments of less than 37.5 hours per week, such as one-half time (50 percent FTE).
- The appointment year for full-time Flex-Year appointments will normally be July 1 through June 30. Annual salary increases for full-time Flex-Year employees will be effective the beginning of the payroll period closest to the beginning of the fiscal year.
- All exempt employees in Flex-Year positions will, at the time the position is created, agree upon (in writing) the specific period(s) of employment, including when the employee is scheduled to resume duties.
- Employees in Flex-Year positions regularly scheduled to work 37.5 hours per week (a minimum of 1462.5 hours per year) during the period of their appointment will be permitted to enroll in all benefit programs provided other full-time employees. Part-time employees working at least 50 percent FTE, and part-time staff and regular employees working .40 FTE immediately prior to May 1, 1992, are eligible for benefits.
- All newly hired, exempt employees in Flex-Year positions will serve a six-month provisional employment period, which shall not include the unworked portion of the year.
- Following completion of the first year of a Flex-Year position, a reassessment of the effectiveness of the employment arrangements will be made by the unit and the employee. At that time, the position will either become a permanent Flex-Year position or be allowed to continue for one more year on a trial basis. If the decision is made by the department or unit to continue the Flex-Year position beyond the second year of the trial appointment, it will be considered by the department or unit as a permanent Flex-Year position. If the unit desires to continue the Flex-Year position but the employee desires to return to full-time, 12-month employment, or if a unit desires to reestablish to full-time the 12-month position but the employee desires to continue in a Flex-Year position, the Human Resources Department will assist the employee in attempting to secure comparable employment within the university.
- Where there is mutual agreement between employee and unit for the employee to participate on a Flex-Year work schedule but where it is not possible for the position to be identified as a Flex-Year position, the employee will be eligible for a leave of absence without pay consistent with university policies (Section PER-4.21, Personal Leave Without Pay). Such authorized leaves without pay may be for personal convenience (such as extended vacation, travel, study, child care, etc.).
Definitions:
A Flex-Year position is a position established for a period of less than 12 months, or less than full-time, usually related to the support of academic programs.
Official University Administrative Policy
Policy Name:
Hours of Work and Flexible Scheduling Guidelines
Effective Date:
May 1 1992
Policy Number:
PER 4 02
Policy Applicability:
This policy applies to University Administrators and Staff
Policy Statement:
The university workweek begins on Monday and ends on Friday.
policy
Separations
Official University Administrative Policy
Policy Name:
Separations
Effective Date:
April 22 1993
Policy Number:
PER 4 14
Policy Applicability:
This policy applies to University Adminnistrators Faculty and Staff
Policy Statement:
A. Resignations
A regular status employee should resign by writing the appropriate department head at least one full pay period (minimum of two weeks for classified staff, minimum of one month for professional/administrative staff) before the effective resignation date. A resignation shall constitute a break in service. An employee who submits a written resignation shall not have the right to appeal.
B. Abandonment of Position
An employee who is absent without authorized leave for three consecutive workdays may be deemed to have abandoned the position and to have resigned and shall not have the right of appeal. However, the employee shall have the right to petition the Provost/vice president/dean for a review of the facts in the case and obtain a ruling as to whether the circumstances constitute abandonment of position. Those who report directly to a dean may petition the Provost for a review of the facts in their case. Those who report directly to the Provost/vice president may petition the President. Any employee separated under conditions of abandonment of position shall be notified of the termination in writing by certified mail -- return receipt requested. Such notice shall include a statement as to the employee's right to petition for a review of the facts. It shall state that such petition must be made within seven calendar days from receipt of notice. The decision of the Provost/vice president/dean shall be final. For those who report directly to a dean, the decision of the Provost shall be final. For those who report directly to the Provost/vice president, the decision of the President shall be final.
C. Separation During Provisional Employment Period
An employee who is terminated during his or her provisional employment period shall not have the right of appeal.
D. Dismissal of Regular Status Employees
A regular status employee may be dismissed only for cause and normally, though not necessarily, only after at least one written warning pointing out areas of deficiency and establishing a reasonable time limit for improvement. Any dismissal of a regular status employee must be reviewed by the Employee Relations Office, Human Resources Department before any action is taken.
Prior to any dismissal of a regular status employee, a pre-termination meeting will be conducted in the Human Resources Department with a representative of the Employee Relations Office present. Normally, an employee will be provided approximately 24 hour written notice prior to the pre-termination hearing. In unusual cases, an employee may be terminated immediately and without notice.
Classified and professional/administrative employees shall have the right to appeal dismissal in accordance with the provisions of PER 5.04, Appeals.
E. Pay Upon Resignation / Termination
Upon resignation or termination, the employee's employment status will be terminated on the last day of work and benefits will be terminated the last day of the month in which the last day of work occurs. Employees who are eligible to accrue vacation leave will be paid in a lump sum for such leave on their last regular paycheck or the next available paycheck, as provided in PER 4.04, Vacation Leave.
F. Pay Upon Reduction in Force
Upon a reduction in force, the employee's employment status will be terminated on the last day of work. Medical insurance will continue through the end of the month of termination. All other benefits will terminate effective on the last day of work.
G. Pay Upon Retirement
Upon a qualifying retirement, employees may use a max of 44 days of accrued vacation leave toward their official last day of active employment or be paid out in a lump sum (or any combination of the two). One full month of medical insurance, at the active employee rate, will be continued following the retirement effective date.
H. Pay Upon Death
All Employees (Administrators, Faculty, and Staff)
- Medical insurance for a family member of an employee who dies while on active service (if in effect on the date of death) will be continued for not less than 30 days following the date of death, to afford unnecessary disruption in medical insurance for surviving family members and to allow sufficient time to convert to COBRA coverage (if elected).
- The appropriate unit head should submit a note to the Payroll unit indicating the death of an employee.
Classified and Professional/Administrative Staff
In the event of a staff employee's death, payment for vacation leave accrued up to the time of death shall be delivered to the employee's beneficiary or estate or as provided by law. It will be at the rate of pay at the time of death and by the department in which the deceased was last employed. Payment for up to 30 days of unused sick leave shall be made upon death to the beneficiary or estate or as otherwise provided by law.
Administrators and Faculty
The university will pay the salary of a deceased faculty member or administrator for an additional month after the month in which death occurs. This means that there will be a minimum of one month and a maximum of two months' salary being paid by the university after the death of a faculty member or administrator.
Official University Administrative Policy
Policy Name:
Authority of the Institutional Review Boards
Effective Date:
October 1 2004
Policy Number:
RES 4 02
Policy Applicability:
This policy applies to University of Louisville researchers research staff Institutional Review Board members or other individuals involved in human subject research activities reviewed by the University of Louisville Institutional Review Board
Policy Statement:
It is the policy of the University of Louisville that human research activities conducted under the oversight of the organization will be conducted in accordance with applicable federal law and regulations that include but are not limited to Federal Regulations 45 CFR 46, 21 CFR 50, 21 CFR 56, and 45 CFR 160 and 164, applicable Kentucky state statutes and regulations, the principles of The Belmont Report and local University Institutional Review Board (IRBs) requirements.
The University of Louisville authorizes the IRBs of the organization to review and have authority to:
- Approve, modify (to secure approval), or disapprove all human research conducted by the organization;
- Suspend or terminate research not conducted in accordance with the regulations, statutes and principles or IRB's requirements mentioned above or that has been associated with unexpected serious harm to subjects;
- Observe, or to have a third party observe, the consent process;
- Observe, or have a third party observe, the conduct of the research; and
- Serve as the Privacy Board for the University of Louisville that approves waivers of authorization in accordance with the HIPAA Privacy Rule.
Research covered by this policy that has been approved by a University IRB may be subject to further appropriate review and approval or disapproval by officials of the institution. However, as per 45 CFR 46.112 and 21 CFR 56.112, those officials may not approve the research if a University of Louisville IRB has disapproved it.
Any IRB member or staff who believes that they have been subject to inappropriate influence should report this immediately to the IRB chair or the Director, Human Subjects Protection Program, who will report the attempt to influence to the Executive Vice President for Research and Innovation (EVPRI). The EVPRI will investigate, or have investigated, the attempt to influence and determine an appropriate response to the attempt based on penalties similar to those outlined in the University's Administrative Sanctions for Violations of University of Louisville Research Policies.
Related Information:
Human Subjects Protection Program Website: https://louisville.edu/research/researchers/compliance/irb.
Policy Reasoning:
This policy establishes the authority of the University of Louisville Institutional Review Boards (IRB).
policy
Relationship to State
Official University Administrative Policy
Policy Name:
Relationship to State
Effective Date:
June 2007
Policy Applicability:
This policy applies to the University of Louisville and its employees administrators faculty and staff
Policy Statement:
In financial matters, the University of Louisville, as an agency of the Commonwealth of Kentucky, must comply with applicable sections of:
a) Title VI, Financial Administration, Chapters 41 through 56, of the Kentucky Revised Statutes (KRS);
b) Model Procurement Code found in KRS 45A;
c) KRS 164A 550 - 630 (House Bill 622) known as the "University Management Bill", an act relating to financial management of state supported institutions of higher education; and
d) Regulations promulgated by the Finance and Administration Cabinet and Office of Kentucky State Treasurer.
Affiliated corporations, as defined by House Bill 622, are administered in accordance with policies and procedures that govern the University of Louisville. These affiliated corporations include, but are not limited to, the University of Louisville Research Foundation, Inc. and the University of Louisville Athletic Association, Inc.
policy
ProCard Program
Official University Administrative Policy
Policy Name:
ProCard Program
Effective Date:
January 1 1998
Policy Number:
Card 1 01
Policy Applicability:
This policy applies to University administrators faculty and staff
Policy Statement:
The Procurement Card (ProCard) is the University's credit card and must be used for purchasing certain goods costing less than $4,500.00 if accepted by the vendor and not restricted by ProCard policies. The cardholder, Procurement Data Entry Specialist, Delegate, and Program, Project, Gift, Grant (PPGG) Approver Responsibilities must comply with the established policies, procedures and responsibilities as found on the ProCard Website (https://my.louisville.edu/procard/policies-procedures/procard-policies-procedures-role-responsibilities-related-information) and shall be held accountable for use of the card. Purchasing must continue to execute contracts/departmental agreements prior to ProCard use.
Related Information:
Anyone who uses a ProCard, as authorized by the cardholder, must complete an Employee Usage Agreement.
Both a department card and an individual card are assigned to a single employee/responsible party. This person controls access to the card and authorizes others to use it as necessary.
Violations of ProCard use and failure to adhere to University policies and procedures may result in suspension or revocation of a ProCard. Consequences of misuse could also result in disciplinary actions, up to and including prosecution and termination of employment. See Fiscal Misconduct Policy.
Types of ProCard Purchases:
- For guidance as to the appropriate payment method based on the type of commodity or service you are procuring, refer to the Procure-to-Pay Grid.
- A listing of restricted purchases can be found here.
- The ProCard may be used to pay for equipment valued less than $5,000.
- Each department is responsible for obtaining a Material Safety Data Sheet for every chemical ordered.
Alcohol/Entertainment Purchases
- The ProCard is the required method of payment for business meals, entertainment, and alcohol expenses.
- On-line purchases must be made with vendors using a Secure Sockets Layer (SSL) browser session.
Goods purchased with the ProCard must be shipped for "desktop delivery" to the designated department or to Central Receiving.
ProCards are limited to one (1) card per individual, unless the card will be attached to an externally sponsored activity. Refer to the Definition of Sponsored Activities.
$4,500.00 is the default limit per transaction. The default monthly limit per card is $15,000.00.
The cardholder is responsible for working with the merchant/supplier for the return of incorrect, duplicate, or damaged merchandise purchased with the ProCard.
Amazon sales tax reimbursement
Review the instructions on the Procurement Card website for instructions on receiving a tax exemption on Amazon.com orders.
University purchases are exempt from Kentucky Sales Tax.
Policy Reasoning:
The purpose of this policy is to establish uniform procedures, accountability, and controls for the University of Louisville's Procurement Card Program.
The University benefits by having a more efficient, cost-effective method of purchasing and payment for small dollar transactions. The ProCard program complements the existing purchasing and payment process. Use of the card does not replace current travel or competitive bid regulations, nor does it allow departments to bypass Purchasing policies and procedures.
Responsibilities:
The employee who has been issued a ProCard is accountable for all transactions on their card.
- ProCard Security/Possession- the ProCard is to be protected by the same safeguards that are applied to the security of a personal credit card.
- Receipt/Recordkeeping Responsibilities-Each cardholder should maintain files by billing cycle. Included in each electronic file should be itemized receipts/invoices/backup documentation.
Program, Project, Gift, Grant (PPGG) Approver Responsibilities
The PPGG approver's responsibility is to verify that purchases are appropriate for the funding source and are for the benefit of the university. The approver must not be a subordinate in the direct reporting line of the cardholder. Furthermore, the cardholder cannot be an approver of his/her own card.
The PPGG approver is required to review all ProCard transactions in Workday consisting of the itemized receipts, any backup documentation provided, and the reallocated to funding. This review must be completed by the end of each month.
Procurement Data Entry Specialist
The Procurement Data Entry Specialist's responsibility is to ensure all charges are allocated to the appropriate worktags and cost center, and upload receipts/backup documentation for all cardholder transactions in Workday Financials. Verification of transactions can be performed daily or weekly, but must be completed by the monthly cut-off date.
If assigned to a card, the Delegate responsibilities in Workday are attaching receipts/backup documentation, adding a business purpose and completing the reallocation. Workday reconciliation and reallocation of transactions can be performed daily or weekly, but must be completed by the monthly cut-off date.
Financial Administration Responsibilities
The department's Financial Administrator/Partner ProCard oversight responsibilities are summarized below:
- Track active ProCards in the department using RPT543.
- Ensure all ProCard transactions are verified and approved within 60 days using RPT539 to identify pending reallocations.
- Use RPT547 to monitor transaction status and verify business purposes; check who is responsible for the next step.
- Cancel ProCards when employees terminate or transfer.
- Collaborate with the unit liaison to resolve ProCard-related issues
Official University Administrative Policy
Policy Name:
Surplus Donation Requirements
Policy Number:
INV 4 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
In accordance with KRS 164A.575 (7), University-owned property can be disposed of by donation to a nonprofit organization that is exempt from taxation under Section 501(c) (3) of the Internal Revenue Code, excluding religious organizations.
Related Information:
See Purchasing Policy 14.00 for a full explanation of disposal by donation.
Official University Administrative Policy
Policy Name:
Chemical Safety Lab Safety Manual
Policy Applicability:
This policy applies to University of Louisville employees and students while on University owned property and or worksites
Policy Statement:
Chemical Hazards
Compressed Gases
USE
Many laboratories require the use of compressed gas. If it is not possible to have gas piped into the laboratory, gas cylinders are needed. If they are used, they must at all times be firmly attached to stationary structures or otherwise secured.
TYPES
A variety of gases are used in laboratories, including those that are:
- Flammable - any gas for which flammable limits in air are reported;
- Toxic - any gas that has an LC50° less than or equal to 5000 ppm;
- Asphyxiant - covers all inert gases, toxicity caused by oxygen-deficient levels;
- Oxidizer - gases that in the presence of an ignition source and a fuel, support and may vigorously accelerate combustion;
- Corrosive - most gases are not corrosive in the absence of water. However, since gases are released into moist air, the potential for corrosive hazard must be considered;
- Extremely cold - cryogenic liquids.
HAZARDS
If released into the laboratory, these gases may create hazards such as:
- Depletion of oxygen;
- Fire; and/or
- Adverse health effects.
DROPPED CYLINDERS
The most likely accident with a gas cylinder is that it will be knocked over or dropped. This may cause a painful injury to legs or feet. More serious consequences result if the valve is knocked off the cylinder. The gas is rapidly released and the cylinder becomes a potentially lethal and highly destructive projectile, which can pass through walls, doors, windows, etc. Personnel, even those in adjacent laboratories, may be harmed or killed if in the path of the cylinder.
SAFE PRACTICES
Follow these rules for the safe use of cylinders.
Always:
- Secure empty and full cylinders in racks or holders, or with clamping devices to prevent falling or rolling. Cylinders must be secured with devices that are non-combustible and will not melt in case of a fire. These securing devices include metal clamp stands, metal chains, and straps treated with flame retardant material. Materials such as rope and duct tape are not approved securing devices and should not be used.
- Check the label for proper contents before using a cylinder for any purpose. Color coding by suppliers may vary. The labels applied by the gas supplier to identify the container contents shall not be defaced or removed.
- Close valves and relieve pressure on the regulator when cylinders are not in use. Keep cylinders capped when not in use.
- Keep a minimal number of cylinders on hand.
- Store empty cylinders as if they were full. Remove empty cylinders from lab.
- Identify full and empty cylinders as such.
- Prevent sparks, flames, electrical apparatus, or circuits from coming into contact with cylinders.
- Use only regulators approved for the specific gas.
- Use only oxygen-compatible threading compounds such as Teflon tape on valve threads for oxygen service.
- Protect cylinders from abnormal mechanical shocks, which may cause damage when cylinders are moved.
- When opening a cylinder valve;
- Direct cylinder opening away from personnel, and
- Open valve slowly.
- Remove the cylinder to open space out-of-doors and away from any possible source of ignition if a cylinder develops a small leak at the valve, or if a leak occurs in any safety device
- Store flammable gases in well-ventilated areas away from oxidizers, open flames, sparks, and other sources of heat and ignition.
- Equip areas where corrosive gases are used with emergency showers/eyewashes. Provide the capability for prompt emergency medical treatment, including first aid.
- Direct cylinder opening away from personnel, and
- Open valve slowly.
Never:
- Move a gas cylinder UNLESS;
- You use an appropriate cart or hand truck,
- The cylinder cap is in place, or
- The cylinder is chained or otherwise secured to the cart.
- Store a cylinder in a hallway.
- Empty a cylinder by off-gassing it in a lab or hallway.
- Use oil, grease, or other lubricants on the regular valves or fittings.
- use oxygen as a substitute for compressed air.
- Lift cylinders by the cap, except with an approved cylinder cart designed for this purpose.
- Tamper with, attempt to repair, or replace safety devices on cylinder valves.
- Change a cylinder's contents by:
- Refilling with a different gas;
- Changing the cylinder's color; or
- Changing the lettering on a cylinder.
- Use direct flames or heat lamps to raise the pressure of a cylinder.
- The cylinder for return to the manufacturer.
- Direct a gas stream toward any person. This could cause serious injury to the eyes or body.
- Force a valve connection that does not fit. Threads on regulator connections or other auxiliary equipment shall match those on the container valve outlet.
- Abandon a gas cylinder, unsecured, in a hallway or at a loading dock.
- Refilling with a different gas;
- Changing the cylinder's color; or
- Changing the lettering on a cylinder.
DEFINITION
A cryogenic material is any substance that must be cooled to a temperature of 130°C or lower to change from a gas to a liquid. Cryogenics have several distinguishing characteristics:
- They are extremely cold (-120 to -270°C);
- Their primary cooling mechanism is vaporization (latent heat), and
- They have an extremely high expansion ratio (averaging 800:1) when their physical state changes from liquid to vapor/gas.
Because of these special characteristics, cryogenic materials must be handled with care.
METHODS
The most common cryogen used is liquid nitrogen. Additional cryogens commonly used are:
- Helium;
- Hydrogen;
- Argon;
- Oxygen; and
- Methane.
GENERAL PRECAUTIONS
Personnel shall be thoroughly instructed and trained in the nature of the hazards associated with cryogenics and how to avoid those hazards.
- Any employee using cryogenics should have a thorough knowledge of:
- Procedures;
- Operation of equipment;
- Safety devices;
- Properties of materials used; and
- Use of personal protective equipment.
- Equipment and systems should be kept scrupulously clean.
- Mixing of gases or fluids should be strictly controlled to prevent the formation of flammable or explosive mixtures. Extreme care should be taken to avoid contamination of a fuel with an oxidant or the contamination of an oxidant with a fuel.
- Proper consideration should be given to the properties of the gas involved when venting storage containers and lines. Venting of large storage vessels should always be done outdoors to prevent an accumulation of flammable, toxic, or inert gas in the work area. Smaller, lab sized containers can be vented into a chemical hood system.
- Procedures;
- Operation of equipment;
- Safety devices;
- Properties of materials used; and
- Use of personal protective equipment.
STORAGE CONTAINERS
Cryogenic fluids are usually stored in properly insulated containers designed to minimize the loss of product due to boil-off. Note: Boil-off gases can freeze the skin or eyes faster than liquid or metal contact.
- A Dewar flask is the most common container for cryogenic fluids. It is a double-walled, evacuated container made of metal or glass, with a vacuum between the walls.
- Larger quantities of cryogenic fluid require double-walled metal containers of evacuated construction.
- Exposed glass should be taped to minimize the flying glass hazard if the container should break or implode.
- Liquids should be transferred from the metal Dewar vessels with special transfer tubes or pumps designed for that particular application.
HAZARD FACTORS
Cryogens present many hazards. All may be present concurrently and must be considered when introducing a cryogenic system or project:
- Ultra cold temperatures;
- Flammability;
- High pressure gas, resulting in over-pressurization of containers and pressure vessels
- Displacement of oxygen/asphyxiation.
CRYOGENIC BURNS AND FROSTBITE HAZARDS
All cryogenics can cause cold burns or frostbite when in contact with human skin.
- Do not overfill containers.
- Never make direct contact with cryogenic liquids, uninsulated cryogenic pipes or equipment.
- Use tongs or isolate the hazard when appropriate.
- Stay out of the path of boil-off gases.
- Wear suitable personal protective equipment when handling any object that may be cold.
- Transfer or pour cryogens slowly to minimize boiling and splashing.
- Use a phase separator or special filling funnel when filling a Dewar or transferring cryogens.
- Ensure all secondary containers are secured when filling.
- Ensure that all Dewars are positioned so the pressure relief valves and rupture disks vent paths are directed away from personnel, critical equipment or designated work areas.
- Inspect and maintain cryogenic equipment, and remove equipment from service when it does not meet manufacturer's operating specifications.
- When hand-carrying cryogen-containing Dewars, ensure the Dewar is your only load (no books, coffee or other items). Watch carefully for people who may run into you, and ensure that the vessel is carried with both hands and as far away from you as possible.
FLAMMABILITY
Fire and explosion are hazards associated with cryogenics. The source and hazards are:
- Hydrogen, methane, and acetylene, where the gases themselves are flammable.
- Oxygen. Its presence will increase the flammability of ordinary combustibles. Keep all organic materials and other flammable substances away from contact with oxygen.
- Liquefied inert gases. Liquid nitrogen and helium can condense oxygen from the atmosphere, causing oxygen entrapment in unsuspected areas.
- Extremely cold surfaces can condense oxygen from the atmosphere.
HIGH-PRESSURE GAS
The hazard from high-pressure gas is always present when cryogenic fluids are used or stored.
- Since liquefied gases are usually stored at or near their boiling point, there is always some gas present in the container.
- The large expansion ratio from liquid to gas causes a buildup of high pressure due to evaporation of the liquid.
- Ensure pressure relief devices are utilized and are sized for maximum possible back pressure. Inspect at regular intervals for leakage, frosting and dirt accumulation.
DISPLACEMENT OF OXYGEN/ASPHYXIATION
- Ensure an oxygen alarm is present in the work area when appropriate.
- Periodically test and calibrate the oxygen alarm. (Note: If an oxygen monitor alarm goes off while you are in the work area, evacuate the room immediately. If it goes off in another room, do not enter the room.)
- Use natural ventilation and chemical hoods where appropriate.
- Avoid transporting containers in enclosed spaces such as elevators.
MATERIALS
Materials for cryogenic service must be carefully selected because of the drastic changes in the properties of materials when they are exposed to extremely low temperatures.
Suitable materials are:
Metals such as:
- Stainless steel (330 and other austenitic series);
- Copper;
- Brass;
- Bronze;
- Monel, and
- Aluminum.
Proper soldering of metals is important.
Non-metals such as:
- Dacron;
- Teflon; and
- KelF.
When dealing with non-metals, chemical reactivity between the fluid or gas and the storage containers and equipment must be carefully evaluated.
Flammable & Combustible Liquids: Standard for Solvents in Laboratories
This standard is based on the 2000 Kentucky Fire Prevention Code that references NFPA 30 and NFPA 45. University laboratories are classified as Class B (Moderate Fire Hazard) and the following listed quantities comply with that classification. The following applies to laboratories with fire suppression systems (sprinklers). For non-sprinklered laboratories, contact the University Fire Marshal at 502.852.6111.
- The total amount of solvents within the laboratory shall not exceed ten (10) gallons per 100 sq. ft.
- The total amount of unprotected solvents within the laboratory shall not exceed five (5) gallons per 100 sq. ft.
- Solvents in excess of the amounts listed in item #1 shall be in bulk storage rooms meeting NFPA 30.
- Flammable solvents (i.e., flash point < 100°F) must not be stored in an ordinary refrigerator. Must use a flammable material storage refrigerator or explosion proof refrigerator.
Recommended Practices
- Glass containers should be limited to 1 pint in size whenever practical.
- Transferring of solvents should always be done in a laboratory hood or an approved bulk storage room.
- Rubber carboys should be used when carrying 1-gallon glass containers of liquid.
- All 5-gallon metal cans should be stored in an approved flammable liquid storage cabinet or in an approved bulk storage room.
- Glass containers not in use should be stored in flammable liquid storage cabinets.
The term "corrosive" refers to substances that rapidly attack skin, eyes, and other living tissue. Such chemicals commonly include strong acids or bases, dehydrating agents, and oxidizing agents.
Examples of corrosive chemicals are:
- Acids
- Sulfuric
- Nitric
- Hydrofluoric (HF) Acid (An HF Guidance Document and an HF Emergency Response Procedure is provided at the end of this section, to give guidance on the safe handling and emergency procedures for HF Acid).
- Bases
- Sodium Hydroxide
- Ammonia
- Dehydrating Agents
- Sulfuric acid
- Sodium hydroxide
- Phosphorus pentoxide
- Calcium oxide
- Oxidizing Agents
- Picric acid
- Chromic acid
- Perchloric acid
- Peroxides
- Nitrates
- Nitrites
- Sulfuric
- Nitric
- Hydrofluoric (HF) Acid (An HF Guidance Document and an HF Emergency Response Procedure is provided at the end of this section, to give guidance on the safe handling and emergency procedures for HF Acid).
- Sodium Hydroxide
- Ammonia
- Sulfuric acid
- Sodium hydroxide
- Phosphorus pentoxide
- Calcium oxide
- Picric acid
- Chromic acid
- Perchloric acid
- Peroxides
- Nitrates
- Nitrites
HAZARDS OF PERSONAL EXPOSURE
Strong acids and bases may cause serious damage to the skin and eyes. Inhaling the vapors of corrosive chemicals can cause severe bronchial irritation or pulmonary edema.
If the eyes or body of personnel may be exposed to corrosive material, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use. Such facilities shall comply with ANSI Z358.1-1990, "Standard for Emergency Eyewash and Shower Equipment." The emergency equipment must be located within 10 seconds walking time from the location of a hazard. Emergency eyewash/shower facilities must be clearly visible and unobstructed so that the unit is immediately available in case of a splash to the eyes/body. Lab personnel should be familiar with the location of this equipment so they can locate it readily in an emergency situation. The Physical Plant shall test the units monthly.
BOTTLED EYEWASH SOLUTIONS
An eyewash station must be able to deliver ample flushing to both eyes simultaneously at 4 liters per minute for a minimum of 15 minutes. Because bottled eyewash solutions cannot meet this requirement, they may only be used as a supplement to, but not a substitute for, plumbed eyewash stations. If a bottled eyewash is available, the wash solution must be replaced routinely (e.g. every six months) to keep bacterial growth in check. If this is not done they should be removed from the laboratory.
FIRST AID PROCEDURES
If exposure to a corrosive chemical occurs:
- Immediately remove any contaminated clothing;
- Wash the affected area with copious amounts of water; and
- Get first aid or medical help.
STORAGE GUIDELINES
To properly store corrosive chemicals, follow these guidelines:
- Strong oxidizers such as perchloric acid present fire and explosion hazards when in contact with organics. Store in glass containers in a metal tray, away from organic, flammable, dehydrating, or reducing agents.
- Separate acids from bases
- Separate acids from flammables
- Store all corrosives on a low shelf near floor level avoid storage on the floor.
PROTECTIVE CLOTHING GUIDELINES
When using corrosive chemicals, follow this rule:
Always wear rubber apron, gloves, and safety goggles, or a face shield.
ACCIDENT PREVENTION GUIDELINES
Remember: When diluting an acid, add the acid slowly to the water to reduce the reactive effect.
A
Always
A
Add
A
Acid
To The Water
DO NOT:
- Mix concentrated acids and bases together; or
- Use corks or rubber stoppers with strong oxidizing agents.
INTRODUCTION
Hydrofluoric acid (HF) is a strong inorganic acid with special chemical properties that make it especially hazardous to laboratory researchers. Accidental exposures to HF can cause severe surface burns, deep tissue burns, and possibly lead to life-threatening systemic poisoning. Because of its physiologically aggressive properties, HF should only be used in a laboratory setting by laboratory personnel who are trained in its proper handling techniques, associated hazards, and emergency response procedures. A complete HF emergency response procedure is provided for guidance and training of employees who use HF acid. A down loadable PDF version of the HF emergency response procedure is also provided for posting near the chemical hood in which HF acid is used. This should be posted for quick reference in the event of an emergency.
USES
Uses for hydrofluoric acid are primarily in industrial chemical and manufacturing processes. These processes include refinery alkylation, fluorocarbon production, aluminum production, metal pickling, glass etching, semiconductor etching, and rare metal processing. Other uses of HF include mineral identification, metal cleaning, fabric rust stain removal, and laboratory experimentation.
CHEMICAL PROPERTIES
Hydrogen fluoride (anhydrous hydrofluoric acid) and its solutions (hydrofluoric acid) are clear, colorless, non-combustible, highly corrosive, liquids. HF is known for its high level of corrosiveness. It readily reacts with glass, ceramics, concrete, rubber, and some metals. Even though HF is not a combustible substance, reactions of HF with certain metals may produce explosive hydrogen gas.
Hydrofluoric acid concentrations over 40% produce a pungent, acrid, irritating odor. Dilute HF concentrations (< 40%) do not produce significant odors or vapors unless heated.
TOXICOLOGY
Hydrofluoric acid is extremely corrosive to body tissues. Most HF exposures initially involve the skin, eyes, lungs, or mucous membranes.
Tissue exposures to HF concentrations greater than 50% produce immediate, severe, deep-seated, slow healing burns. Hydrofluoric acid burns differ from other acid burns because the fluoride ion is able to readily penetrate the skin, resulting in deep tissue layer destruction. On the skin, these burns present initially as painful areas of white discoloration that usually proceed to blister formation.
Exposures to HF concentrations less than 50% often do not produce immediate, detectable symptoms; however, as time passes, the exposed tissues may develop painful, red, and sometimes blistered areas. Skin exposures to HF concentrations between 20% and 50% typically do not show burn symptoms for 1 to 8 hours. Skin exposures to HF concentrations less than 20% may not show burn symptoms for up to 24 hours. Exposures to concentrations as low as 2% have been reported to cause symptoms.
Because the fluoride ion readily penetrates tissue, fluoride concentrations in the body can rapidly reach toxic levels as a result of hydrofluoric acid exposure. Systemic fluoride toxicity can result in various serious medical conditions such as abnormal mineral storage/utilization, enzyme inhibition, blood clotting defects, metabolic pathway interruption, and abnormal heart function. The ability of HF fluoride ions to bind calcium in body tissue can result in a potentially fatal condition called hypocalcemia. Hypocalcemia results when blood concentrations of calcium are markedly reduced.
As a note for the physiologically inclined, the severe throbbing pain classically associated with hydrofluoric acid burns is thought to be caused by irritated nerve endings. These nerves are irritated by increased levels of potassium ions entering the extracellular space to compensate for reduced concentrations of calcium ions that have been tightly bound by the HF fluoride ions.
WORK PRACTICES AND SAFETY
The specialized hazards associated with hydrofluoric acid warrant specialized work practices and safety procedures. Carefully reviewing and following these guidelines will help you in preventing accidents and reducing exposures. This information will also provide you with a clear plan of action if an accident involving hydrofluoric acid occurs in your laboratory.
- Everyone who works in a laboratory where HF is used should know about its hazards and special emergency response procedures. This includes personnel who do not work directly with HF but will be working near areas where HF is used. Laboratory personnel who work directly with HF need to be additionally trained in its proper use and disposal.
- Avoid working with hydrofluoric acid when working alone. It is important to have someone nearby who knows you are working with HF and knows what to do in case of an emergency.
- Proper personal protective equipment (PPE) must be worn when working with hydrofluoric acid. Proper PPE for HF use includes:
- Chemical splash goggles.
- Closed toe shoes.
- Long sleeved lab coat (no shorts or short skirts).
- Acid resistant splash apron.
- Neoprene gloves (best protection) or nitrile gloves (short duration protection only). Neoprene gloves will provide the best protection, but nitrile gloves may be used for short duration experiments or emergencies if changed frequently. Never use latex gloves with hydrofluoric acid for any reason because they do not provide effective protection.
- Laboratories using hydrofluoric acid should have the Hydrofluoric Acid Emergency Response Procedure document posted and readily visible in areas where HF is used. This information sheet and an HF MSDS should also be available in the laboratory.
- An emergency eyewash and shower must be nearby when working with hydrofluoric acid. Make sure you know where they are and that they are operational before starting any work with HF.
- Have calcium gluconate gel on hand when working with HF. Be sure to check the gel expiration date before starting any work. Everyone who works in the laboratory where HF is used must know when and how calcium gluconate gel should be used. For further information on calcium gluconate gel, see the Emergency Response Procedure listed in the next section. If you need information on purchasing the gel, please contact the DEHS Laboratory Safety Coordinator at 8522830.
- Work with HF should always be done in a chemical hood. Be sure the hood is operating properly and has a current inspection sticker.
- Hydrofluoric acid should be stored in chemically compatible, properly labeled containers and separated from alkalis, metals, oxidizers, cyanides, glass, reducing materials, and sulfides. Use only chemically compatible containers when using or storing HF (polyethylene, Teflon, etc). Remember that glass, metal, and ceramic containers are not compatible with HF. Secondary containers constructed of polyethylene are advised, especially during transport.
- Hydrofluoric acid should be disposed of via the DEHS website at http://www.louisville.edu/admin/dehs. If you have questions concerning waste disposal call the Hazardous Waste Coordinator at 502.852.2956.
- In the event of a hydrofluoric acid spill:
- Notify those in the immediate area that a spill has occurred.
- Evacuate nonessential personnel from the spill area.
- Turn off ignition and heat sources if safe to do so.
- Attend to persons who may have been exposed to acid (see next section).
- Notify your supervisor and Public Safety at 502.852.6111.
- Establish exhaust ventilation if safe to do so.
- Because of the special hazards associated with hydrofluoric acid, medical personnel must evaluate anyone exposed to HF. See the Emergency Response Procedure listed in the next section for further information on properly handling personnel HF exposures.
- Chemical splash goggles.
- Closed toe shoes.
- Long sleeved lab coat (no shorts or short skirts).
- Acid resistant splash apron.
- Neoprene gloves (best protection) or nitrile gloves (short duration protection only). Neoprene gloves will provide the best protection, but nitrile gloves may be used for short duration experiments or emergencies if changed frequently. Never use latex gloves with hydrofluoric acid for any reason because they do not provide effective protection.
- Notify those in the immediate area that a spill has occurred.
- Evacuate nonessential personnel from the spill area.
- Turn off ignition and heat sources if safe to do so.
- Attend to persons who may have been exposed to acid (see next section).
- Notify your supervisor and Public Safety at 502.852.6111.
- Establish exhaust ventilation if safe to do so.
Emergency Response Procedure for Hydrofluoric Acid
SKIN CONTACT
- Move victim immediately under an emergency shower or other water source and flush affected area with large amounts of water. Remember to start flushing before removing clothing. Speed and thoroughness in washing is critical.
- Carefully remove all contaminated clothing while continuing to flush affected area with water.
- Continue to rinse affected, unclothed area for 5 minutes. While victim is being rinsed, someone should:
- Contact Public Safety at 502.852.6111.
- State there has been a person exposed to hydrofluoric acid.
- State their location.
- Public Safety should arrange for subsequent transport to a medical facility.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
- Immediately after thorough washing, start massaging 2.5% calcium gluconate gel into the affected skin area. Neoprene or nitrile gloves should be worn (not latex) while applying the gel to prevent possible secondary exposures. Liberally apply gel often and massage the burn site continuously.
- While affected areas are being treated with calcium gluconate gel, the victim should be thoroughly examined for other burn sites that may have been overlooked.
- Medical personnel should see the victim for followup care as soon as possible. During transport to medical facility or while waiting for emergency response, continue massaging burn sites with calcium gluconate gel. Try to keep burned areas elevated while in transport.
- Contact Public Safety at 502.852.6111.
- State there has been a person exposed to hydrofluoric acid.
- State their location.
- Public Safety should arrange for subsequent transport to a medical facility.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
EYE CONTACT
- Move victim immediately to an emergency eyewash station and flush eyes gently with large amounts of water for at least 15 minutes. To aid in thorough cleansing, hold eyelids open and away from the eye while washing.
- If the victim is wearing contact lenses, have the victim remove them if possible. Removal of contact lenses should not delay or interrupt flushing.
- While victim's eyes are being flushed, someone should:
- Contact Public Safety at extension 6111.
- State there has been a person with an eye exposure to hydrofluoric acid.
- State their location.
- Public Safety should arrange for subsequent treatment or emergency response.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
- Medical personnel, preferably an eye specialist, should see the victim as soon as possible. During transport to medical facility, ice water compresses may be gently applied to the eyes.
- Do not use 2.5% calcium gluconate gel in eyes.
- Contact Public Safety at extension 6111.
- State there has been a person with an eye exposure to hydrofluoric acid.
- State their location.
- Public Safety should arrange for subsequent treatment or emergency response.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
INHALATION OF VAPORS
- Move victim immediately to an area with fresh air. Keep victim calm and comfortable.
- While victim is breathing fresh air, someone should:
- Contact Public Safety at extension 6111.
- State there has been a person who has inhaled hydrofluoric acid vapor.
- State their location.
- Public Safety should arrange for subsequent treatment or emergency response.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
- Medical personnel should see the victim as soon as possible.
- Contact Public Safety at extension 6111.
- State there has been a person who has inhaled hydrofluoric acid vapor.
- State their location.
- Public Safety should arrange for subsequent treatment or emergency response.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
INGESTION
- If the victim is conscious, have them immediately drink large amounts of water as quickly as possible. This may help to dilute the acid. Milk or an antacid tablet taken with water may also help in providing an antidote effect.
- While the victim is ingesting water, someone should:
- Contact Public Safety at extension 6111.
- State there has been a person who has ingested hydrofluoric acid.
- State their location.
- Public Safety should arrange for subsequent treatment or emergency response.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
- Medical personnel should see the victim immediately because HF ingestion is a life-threatening emergency.
- Contact Public Safety at extension 6111.
- State there has been a person who has ingested hydrofluoric acid.
- State their location.
- Public Safety should arrange for subsequent treatment or emergency response.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
NOTE: Because of the special hazards associated with hydrofluoric acid, it is important that the victim seek medical care even if the exposed area is small or the acid is dilute. Time is critical-do not delay medical treatment!
REFERENCES
- Honeywell: Recommended Medical Treatment for Hydrofluoric Acid Exposure. pages 57, May, 2000.
- Upfal M. & Doyle, C: Medical Management of Hydrofluoric Acid Exposure. Journal Occupational Medicine 32: 726731, August, 1990.
- Dr Luigi Parmeggiani: Encyclopaedia of Occupational Health and Science. page 1086, 1983.
- National Academy Press: Prudent Practices for Handling Hazardous Chemical in Laboratories. pages 4344, 1981.
Reactives
Reactivity of materials has been defined by state and federal statutes and has led to regulations regarding the storage and disposal of these materials. Definitions of reactivity include one or more of the following:
- Normally unstable and readily undergoes violent change without detonating; reacts violently with water;
- Forms potentially explosive mixtures with water;
- When mixed with water, generates toxic gases, vapors, or chemicals in a quantity sufficient to present a danger to human health or the environment;
- Cyanide or sulfide-bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors, or chemicals in quantity sufficient to present a danger to human health or the environment;
- Capable of detonating or exploding when subjected to a strong initiating source or if heated under confinement; and
- Readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.
TYPES OF REACTIVE CHEMICALS
Chemicals that exhibit the characteristic of reactivity can be grouped as follows:
- Pyrophoric Chemicals - readily oxidized, will ignite spontaneously in air. Examples of chemicals that are considered to be pyrophoric include such diverse substances as silane, diborane, lithium hydride, white phosphorus, etc.
- Water-Reactive Chemicals - react violently with water. Examples of chemicals that are considered waterreactive include the alkali metals, aluminum chloride, phosphorus pentachloride, phosphorus pentoxide, all hydrides, etc.
- Oxidizing Materials - react vigorously at ambient temperatures when in contact with reducing materials or may evolve oxygen at room temperature under slight heating. Examples of chemicals that are considered oxidizers include chlorates, permanganates, nitrates, peroxides, etc.
- Reducing Materials - react vigorously at ambient temperatures when in contact with oxidizing materials. They are compounds, which remove oxygen from other compounds or lower valence states, often with vigorous evolution of heat. Examples of chemicals that are considered reducers include all hydrides, all acetylides, alcohols, etc.
- Shock-Sensitive Materials - explosive at standard temperature or if heated under confinement. Highly reactive chemicals with explosive properties require special storage, handling, and disposal procedures. Examples of chemicals that are considered shock-sensitive include picrates, azides, polynitro compounds, peroxides, etc.
STORAGE OF REACTIVE MATERIALS
Use and storage of reactive chemicals requires expert knowledge and planning. It is recommended that the following sources be consulted for specific considerations: Prudent Practices in the Laboratory; Handbook of Reactive Chemical Hazards; Lab Safety's Chart of Safe Storage of Chemicals; and the Condensed Chemical Dictionary. These references are available by calling the UofL Lab Safety Coordinator at 502.852.2830.
SHOCK/HEAT SENSITIVE CHEMICALS
These highly reactive chemicals with explosive properties require special storage handling and disposal procedures.
Organic peroxides are a special class of compounds with unusual stability problems that make them among the more hazardous substances handled in the laboratory. Specific chemicals have a strong tendency to form peroxides on exposure to air. Their presence as a contaminant in a reagent or solvent may change the course of a reaction. The peroxides as a class are low-power explosives, hazardous because of their great sensitivity to shock, sparks, heat, or friction. Some laboratory chemicals that are capable of forming explosive levels of peroxides include:
- Diethyl ether
- Methyl isobutyl ketone
- 2propanol
- Tetrahydrofuran
- Dioxanes
- Acetaldehyde
Guidelines for the Safe Storage & Use of Peroxide-Forming Chemicals
A wide variety of organic compounds spontaneously form peroxides by a free radical reaction of the hydrocarbon with molecular oxygen. Under normal storage conditions, formed peroxides can accumulate in the chemical container and may explode when subjected to heat, friction or mechanical shock. For this reason, it is imperative that all researchers learn to recognize and safely handle peroxide-forming compounds.
Recommended storage limits and more specific guidance for common chemicals that can form peroxides are listed in Table 1. The chemicals listed in List A as "peroxide hazard on storage - without concentration" in the table can form peroxides that are difficult to detect and eliminate. These peroxides can come out of solution and form crystals or a gel in the bottom of the container. They are extremely unstable and can violently decompose with the smallest disturbance, sometimes even spontaneously. They can be hazardous even if not opened. Do not store these chemicals more than 12 months unless tests show that they contain less than 80 ppm of peroxides.
The chemicals listed in List B as "hazard due to peroxide concentration" can undergo explosive polymerization initiated by dissolved oxygen. This class of peroxide-forming chemicals has a propensity for exploding when used experimentally in operations such as distillations. Do not store these chemicals more than 12 months unless tests show that they contain less than 80 ppm of peroxides.
The chemicals listed in List C as "autopolymerize as a result of peroxide accumulation" may explode when relatively small quantities of peroxides are formed. It is common to distill these peroxide-forming solvents before use and this concentrates the dissolved peroxides and subjects them to heat and mechanical shock.
The chemicals listed in Table 2 represent other peroxide-forming chemicals which cannot be placed into the other categories but nevertheless require handling with precautions.
Practices for Control of Peroxide-forming Organic Materials
Inhibitors
Many methods can be used to stabilize or inhibit the peroxidation of susceptible chemicals. If it does not interfere with the use of the chemical and if available, peroxide scavengers (inhibitors) shall be added in small quantities, and peroxideforming chemicals shall be ordered with inhibitor added.
Purchase
Ideally, purchases of peroxide-forming chemicals should be restricted to ensure that these chemicals are used up completely before they can become peroxidized. This requires careful experiment planning. Researchers should purchase no more material than is needed to complete an experiment within the chemical's safe shelf life.
Storage
Peroxide-forming chemicals shall be stored in sealed, air-impermeable, light-resistant containers and should be kept away from light (light can initiate peroxide formation). Peroxide-forming chemicals should be stored in their original manufacturer's container whenever possible. This is very important in the case of diethyl ether because the iron in the steel containers that the material is shipped in acts as a peroxide inhibitor.
Labeling and Shelf-Life Limitation
Peroxides tend to form in materials as a function of age. Therefore, it is imperative that researchers are keenly aware of the age of their peroxide-forming chemicals. Researchers must date each container upon arrival in the laboratory. Containers must be dated again when opened for the first time. An appropriate expiration date based on the information found in Table 1 should also be on the label.
Testing and Deperoxidation
When the date on the container expires, the peroxide-forming chemical shall either be 1) tested for peroxide content or 2) assumed to contain excessive peroxides and disposed of as hazardous waste. The maximum allowable concentration of peroxide in chemicals is 80 ppm. If a value over 80 ppm is detected, the owner shall deperoxidize the chemical or dispose of it as hazardous waste. Materials which are older than the suggested shelf life but have been tested and have no detectable peroxides or peroxide concentrations less than 80 ppm may be retained but should be tested at least quarterly. All chemicals to be distilled must be tested prior to distillation regardless of age. Researchers should never test containers of unknown age or origin. Older containers are far more likely to have concentrated peroxides or peroxide crystallization in the cap threads and therefore can present a serious hazard when opened for testing.
The easiest method to test for peroxides is the use of peroxide test strips. These strips are simple to use and can be obtained from a variety of suppliers including Lab Safety and Fisher. For volatile organic chemicals, the test strip is immersed in the chemical for 1 second, then the tester breathes slowly on the strip for 15-30 seconds or until the color stabilizes. The color is then compared with a colorimetric scale provided on the bottle. Test strips must be kept refrigerated and must have an expiration date on the bottle.
Management and disposal of old containers
Older containers of peroxide-forming chemicals, or containers of unknown age or history, must be handled very carefully and should never be opened by researchers. Any peroxide-forming chemical with visible discoloration, crystallization or liquid stratification should be treated as potentially explosive. Older steel containers that have visible rust may also be extremely dangerous. If any of these conditions are observed on a peroxide-forming chemical container or if the origin and age are unknown, do not attempt to move or open the container. Contact DEHS to have the container inspected and if necessary disposed of properly.
Safe Distillation
- Eliminate the peroxides with a chemical reducing agent or pass the solvent through activated alumina.
- Add mineral oil to the distillation pot. This has the combined effect of "cushioning" any bumping, maintaining dilution and serving as a viscous reaction moderator in case the peroxides begin to decompose.
Carefully monitor the distillation process to ensure that it does not dry out completely, and then overheat. Distillation can concentrate peroxides, especially if taken to a dry state. Peroxides will be present mainly in the still bottoms.
Reducing Peroxides during Distillation
Small pieces of sodium metal can be added to the distillation vessel to reduce peroxides. Use benzophenone as an indicator for the presence of sodium metal (benzophenone in the presence of sodium metal forms a radical with a deepblue color). When the blue color disappears, add more sodium metal.
Peroxide Forming Chemicals Storage Guide
The yellow crystals of picric acid, or trinitrophenol, are shocksensitive and may readily detonate if the chemical is allowed to dry. Check containers of picric acid regularly to ensure the crystals remain moist with water and have not dried.
DO NOT ATTEMPT TO REMOVE THE LID OF A CONTAINER OF PICRIC ACID IF THE ACID IS DRY.
Contact with copper, lead, zinc, and other metals can form picrate salts that are much more shock sensitive than picric acid itself. Unstable salts may also be formed with concrete, ammonium, calcium, and bases.
Picric acid is a more powerful explosive than TNT and must be handled with extreme care. Call the Department of Environmental Health and Safety at 8522956 for special disposal arrangements.
Perchloric acid is a very strong oxidizing agent that can undergo vigorous, self-sustained decomposition or explosive reactions when catalyzed or exposed to heat. The majority of accidents involving perchloric acid are due to its mixture with organic material or to the formation of the anhydrous acid, which is extremely unstable and explodes upon contact with wood, paper, or organic solvents. Cold perchloric acid, at less than 70% HCLO4 by weight, is a less powerful oxidizing agent. As the percentage or the temperature increases, the oxidizing power of the perchloric acid also increases.
Combustible materials, such as wood or oil, contaminated with perchloric acid are highly flammable and dangerous. Such materials may explode spontaneously, upon impact, or when in contact with heat or flame.
Other perchlorates are also sensitive to heat and shock, such as heavy metal and organic perchlorates, hydrazine perchlorate, and ammonium perchlorate.
SPECIAL PRECAUTIONS FOR THE SAFE USE OF PERCHLORIC ACID
Whenever possible purchase the 60%byweight HClO4 grade. Perchloric acid should be stored on a nonmetal surface away from:
- Combustible materials;
- Organic solvents;
- Metal hydrides;
- Alcohols;
- Sulfuric acid; and
- Acetic anhydride.
Inspect monthly for signs of discoloration that indicate development of the anhydrous form of perchloric acid. Call the Department of Environmental Health and Safety 502.852.2956 for immediate disposal.
Wear goggles and rubber gloves whenever perchloric acid is handled.
To avoid a violent reaction in procedures requiring perchloric acid for wet digestion, pretreat the sample with nitric acid to destroy oxidizable material.
Procedures involving heated perchloric acid require use of a special chemical hood, termed a perchloric acid hood. This type of hood:
- Is constructed of stainless steel;
- Has a duct wash down system; and
- Has no exposed organic coatings or sealing compounds.
At this time there is only one perchloric acid hood at the University that meet this specification, located in the Belknap Research Building in the research laboratory of Dr. Teresa Fan (Room 336). Procedures involving heated perchloric acid are prohibited in all other hoods. There are a few other hoods of stainless steel construction that may be labeled as perchloric acid hoods, but none of them have the required wash down system.
The azide group of chemicals represents one of the few commercially produced explosives containing no oxygen. When compounded with other materials, azides are shock- and heat-sensitive. Copper and lead azides are more sensitive primary explosives than nitroglycerine. Sodium azide reacts with copper, lead, brass, or solder to form these explosive combinations.
DO NOT POUR SODIUM AZIDE DOWN THE DRAIN. Metal plumbing presents an explosion hazard.
OTHER EXPLOSIVE CHEMICALS
In general, other compounds containing the following functional groups tend to be heat and shock sensitive:
- Acetylide;
- Diazo;
- Nitroso; and
- Organic nitrates.
Hydrogen and chlorine gases react explosively in the presence of light.
Hydrazine can explode in contact with iron rust.
The chemicals encountered in the laboratory have a broad spectrum of physical, chemical, and toxicological properties and physiological effects. The risks associated with the use of laboratory chemicals must be well understood prior to their use in an experiment. The chemicals used in the laboratory can be grouped among several different hazard classes. Many chemicals display more than one type of hazard. Highly hazardous chemicals require special written procedures to ensure safe use in the laboratory.
Basic Concepts of Toxicology
Toxicity is the potential of a substance to produce adverse reaction on the health or well-being of an individual. Whether or not any ill effects occur depends on:
- The properties of the chemical;
- The route by which the substance enters the body;
- The dose (the amount of the chemical acting on the body); and
- The susceptibility of the exposed individual.
ROUTES OF ENTRY
There are four main routes of entry or means by which a substance may enter the body:
- Inhalation;
- Ingestion;
- Absorption through the skin; and
- Injection.
The most important route of entry is usually inhalation. Nearly all materials that are airborne can be inhaled.
DOSE-RESPONSE RELATIONSHIP
When a toxic chemical acts on the human body, the nature and extent of the adverse reaction or injurious response depends on the dose received - that is, the amount of the chemical that actually enters the body and the time interval during which this dose was administered.
Two standardized measurements, the LD50 and LC50, serve to quantify and express the degree of toxicity of a substance.
LD50 The quantity of a material that when ingested, injected or applied to the skin as a single dose will cause death of 50% of the test animals.
LC50 The concentration of a substance in the air that causes death of 50% of the test animals.
ACUTE EFFECTS
Acute toxic effects are usually produced by a single large dose received in a short period of time (usually less than 24 hours), and involve immediate results of some kind, such as irritation, allergy, illness or death. Acute exposures are usually related to an accident.
CHRONIC EFFECTS
Chronic toxic effects are usually produced by long-duration or repeated exposure to a substance. Damage to the body may not appear for many years since chronic toxins are known to have long latency periods. Carcinogens are considered to be chronically toxic substances.
ORGANIC SOLVENTS
Organic solvents are one of the most commonly encountered groups of toxic chemicals and constitute one of the major hazards in a laboratory. Most are highly volatile or flammable, such as ethers, alcohols, and hydrocarbons.
Chlorinated solvents such as chloroform are often non-flammable but, when exposed to heat or flame, may produce carbon monoxide, chlorine, phosgene, or other highly toxic gases.
Inhalation of solvent vapors may cause bronchial irritation, dizziness, central nervous system depression, nausea, headache, or coma. Prolonged exposure to high concentrations of solvent vapors may result in liver or kidney damage. Skin contact may produce defatting and drying.
Ingestion of a solvent could result in severe physiological effects. In case of ingestion, call the Poison Control Center (502.589.8222), or seek medical aid immediately.
With the following chemicals, the odor threshold is higher than the acceptable exposure limit:
- Chloroform;
- Benzene;
- Carbon tetrachloride; and
- Methylene chloride.
Certain solvents are known or suspected to be carcinogenic following prolonged exposure. See the section on Highly Hazardous Chemicals for special requirements for carcinogens. Examples of solvents that are known or suspect carcinogens include:
- Chloroform;
- Benzene;
- Carbon tetrachloride;
- Chlorinated ethers
- Methylene chloride; and
- Polyhalogenated hydrocarbons.
All volatile and flammable solvents should be used in a properly functioning chemical hood. Never use ether or other highly flammable solvents in a room with an open flame or other ignition source present. The safe handling of flammable materials is discussed in the section on physical hazards of chemicals later in this chapter.
IRRITANTS
Irritants are non-corrosive chemicals that cause reversible inflammatory effects (swelling and redness) on living tissue by chemical action at the site of contact. A wide variety of organic and inorganic chemicals are irritants, and consequently, skin and eye contact with all chemicals in the laboratory should be avoided. Examples of irritants include: acetaldehyde, acetic acid, acrolein, ammonia, ethylene glycol, glutaraldehyde, sodium hydroxide, and xylenes.
A chemical allergy is an adverse reaction by the immune system to a chemical. Such allergic reactions result from previous sensitization to that chemical or a structurally similar chemical. Once sensitization occurs, allergic reactions can result from exposure to extremely low doses of the chemical. Allergic reactions can be immediate, occurring within a few minutes after exposure. Anaphylactic shock is a severe immediate allergic reaction that can result in death if not treated quickly. If this is likely to be a hazard for a planned experiment, advice on emergency response should be obtained. Allergic reactions can also be delayed, taking hours or even days to develop. The skin is usually the site of such delayed reactions, in which case it becomes red, swollen, and itchy.
It is important to recognize that delayed chemical allergy can occur even some time after the chemical has been removed. Contact with poison ivy is a familiar example of an exposure that causes a delayed allergic reaction. Also, just as people vary widely in the susceptibility to sensitization by environmental allergens such as dust and pollen, individuals may also exhibit wide differences in their sensitivity to laboratory chemicals. Examples of substances that may cause allergic reactions include diazomethane, dicyclohexylcarbodiimide, formaldehyde, various isocyanates, benzylic and allylic halides, and certain phenol derivatives.
Another allergen for lab personnel to be aware of is latex. Latex allergy can result from repeated exposures to proteins in natural rubber latex through skin contact or inhalation. Reports of work-related allergic reactions to latex have increased in recent years, especially among employees in the growing health-care industry, where latex gloves are widely used to prevent exposure to infectious agents.
At least 7.7 million people are employed in the health-care industry in the U.S. Once sensitized, workers may go on to experience the effects of latex allergy. Studies indicate that 8 percent to 12 percent of health-care workers regularly exposed to latex are sensitized, compared with 1 percent to 6 percent of the general population, although total numbers of exposed workers are not known.
Symptoms include skin rash and inflammation, respiratory irritation, asthma, and in rare cases shock. In some instances, sensitized employees have experienced reactions so severe that they impeded the worker's ability to continue working in their current job.
Wherever feasible, the selection of products and implementation of work practices that reduce the risk of allergic reactions, such as those listed below, is recommended.
- Non-latex gloves are recommended for tasks (such as food preparation, routine housekeeping, and maintenance) that are not likely to involve contact with infectious materials such as blood.
- Workers at high risk of allergic reaction should be screened periodically to detect symptoms early and control or eliminate latex exposure.
- Appropriate work practices should be followed. For example, workers should wash their hands with a mild soap and dry thoroughly after removing latex gloves. Areas contaminated with latex-containing dust should be identified and cleaned, and ventilation filters and vacuum bags used in those areas should be changed frequently.
- Workers should be provided with education programs and training materials about latex allergy.
- Workers showing symptoms of latex allergy should consult a doctor experienced in treating the problem, and workers with a known allergy should avoid latex exposures, wear a medical alert bracelet, and follow their doctor's advice for dealing with allergic reactions.
Chemicals are considered highly hazardous for many reasons. They may cause cancer, birth defects, induce genetic damage, cause miscarriage, or otherwise interfere with the reproductive process. Or they may be a cholinesterase inhibitor, a cyanide, or other highly toxic chemical that, after a comparatively small exposure, can lead to serious injury or even death. Working with compounds like these generally necessitates implementation of additional safety precautions. Below are definitions of the classes of chemicals that are considered highly hazardous and descriptions of the safety precautions to consider when designing experiments involving them. Lab-specific written standard operation procedures are required for all highly hazardous chemicals. A comprehensive list of highly hazardous chemicals can be found at this link.
HIGHLY HAZARDOUS SUBSTANCES AS DEFINED BY OSHA
The OSHA Lab Standard specifically lists three categories of chemicals as "particularly hazardous." They include select carcinogens, reproductive toxins, and substances with a high degree of acute toxicity.
Chemicals that are strongly implicated as a cause of cancer are termed carcinogenic. Substances defined by OSHA as select carcinogens fall into one of the categories listed below:
- OSHA Carcinogen - a chemical regulated by OSHA as a carcinogen; each has its own standard in subpart 2 of the OSHA General Industry Standards.
- Known Human Carcinogen - Classified as "known to be carcinogens", in the most recent Annual Report on Carcinogens issued by the National Toxicology Program (NTP), or listed under Group 1 "carcinogenic to humans" by the International Agency for Research on Cancer (IARC).
- Potential Human Carcinogen Listed under IARC Group 2A "probably carcinogenic to humans" or Group 2B "possibly carcinogenic to humans", or classified as "reasonably anticipated to be a carcinogen" by NTP, and causes statistically significant tumor incidence in experimental animals under any of the following dosage criteria:
- Inhalation exposure chronic exposure (for a significant portion of a lifetime); 6 7 hours/day, 5 days/week; dose <10mg/m3.
- Skin exposure repeated skin exposure of <300mg/kg body weight per week.
- Ingestion daily dose <50mg/kg body weight.
- Inhalation exposure chronic exposure (for a significant portion of a lifetime); 6 7 hours/day, 5 days/week; dose <10mg/m3.
- Skin exposure repeated skin exposure of <300mg/kg body weight per week.
- Ingestion daily dose <50mg/kg body weight.
Important! Remember that a chemical's lack of inclusion in one of these lists does not necessarily imply that it is free from carcinogenic activity. Substances such as ethidium bromide that are used extensively in research do not have a substantial industrial use and, consequently, have not undergone a rigorous analysis for carcinogenicity. Although ethidium bromide is a well-known, potent mutagen it is not included in any of the lists below. Laboratory staff are reminded to diligently research a chemical's toxicity and hazard potential rather than relying exclusively on its presence in a list.
Table 3 - OSHA Regulated Carcinogens and other select Carcinogens Used in UofL Laboratories
Chemicals of Unknown but Suspect Carcinogenic Potential
Most laboratories have a number of chemicals for which there is little epidemiological data regarding its carcinogenicity. Knowledge of a substance's general chemical classification can oftentimes aid the researcher in identifying underlying carcinogenic potential. While these compounds may not fall under the regulatory umbrella of an OSHA 'select carcinogen,' consideration should be given to implementing special precautions to keep exposures as low as possible.
For example, methyl chloromethyl ether is listed as a known human carcinogen by NTP. Consequently it falls under the OSHA select carcinogen designation and the special precautions for work with highly hazardous substances applies. The carcinogenicity of structurally similar compounds such as ethyl chloromethyl ether is not well established, however. The OSHA select carcinogen designation does not strictly encompass these compounds and the special precautions for work with highly hazardous substances may not apply. However, their close similarity to a well-established carcinogen should raise a red flag during the risk assessment process and special consideration should be given towards the need for incorporating additional safety precautions in the experimental design.
A table for delineating the various classes of carcinogenic compounds is provided for reference.
Table 4 - Classes of Carcinogenic Compounds. (PDF)
Chemicals that interfere in any way with the normal reproductive process are considered reproductive toxins. Adverse effects include reductions in libido, reduced fertility, embryo lethality, induction of chromosomal damage (mutations), malformations of the developing fetus (teratogenesis), and postnatal functional defects. Sometimes problems may become apparent only after a long latency period. The enormous number of chemicals, complexity of human reproductive biology, and the influence of other factors (i.e., smoking, diet, environment) makes isolating the effects of exposure to a given chemical very difficult.
Due to this uncertainty, a pregnant woman working in a lab should exercise caution when handling or working with any chemicals. Women should notify their supervisor when they become pregnant so the potential hazards in the lab can be assessed and appropriate protective measures can be taken. Embryo toxins damage the fertilized egg, embryo, or fetus in the early stages of gestation. These chemicals have their greatest impact in the first trimester of pregnancy. Because a woman often does not know that she is pregnant during this period of high susceptibility, women of childbearing potential are advised to be especially cautious when working with chemicals, especially those rapidly absorbed through the skin (e.g., formamide).
The Department of Environmental Health and Safety is available to assist staff in gathering information regarding the hazards of the chemicals with which they work. In consultation with the woman and her doctor, an assessment can result in one of three possibilities:
- Continue to work in the lab without any change.
- Continue to work in the lab with some changes to the type of work procedure performed, or to the work environment and protective equipment.
- In rare instances, the doctor may recommend discontinuing work in the lab for the duration of the pregnancy.
Some changes that may need to be considered include:
- Examine chemicals used in the lab for possible teratogens and remove them from use or reassign work with these chemicals to another person.
- Take extra care to avoid exposure to and exercise caution whenever handling or working with any chemicals.
- Be especially vigilant about personal protective equipment. Use extra personal protective equipment if necessary.
- Perform all work with chemicals in a chemical hood, if possible, or using other suitable engineering controls.
Substances With A High Degree Of Acute Toxicity
Substances with a high degree of acute toxicity are those that can cause death, disability, or serious injury after a single, relatively lowlevel exposure. The following table denotes the OSHAdefined toxicity designations, for various routes of exposures. The criteria for "highly toxic" appears in bold letters.
Acute Toxicity Hazard Designations
OSHA Hazard Designation
Other Toxicity Rating [1]
Oral LD50
Skin Contact LD50 [2]
Inhalation LC50 [3]
Inhalation LC50
(rats, mg/kg)
(rabbits, mg/kg)
(rats, ppm for 1 hr)
(rats, mg/m [3]
for 1 hr)
Highly Toxic
Highly Toxic
< 50
< 200
< 200
< 2,000
Toxic
Moderately Toxic
50 to
500
200 to
1,000
200 to
2,000
2,000 to
20,000
Slightly Toxic
500 to
5,000
2,000 to
20,000
2,000 to
20,000
20,000 to
200,000
[1] Prudent Practices in the Laboratory: Handling and Disposal of Chemicals; National Academy Press, Washington, D.C., 1995
[2] LD50 The amount of a chemical that when ingested, injected, or applied to the skin of a test animal under controlled laboratory conditions will kill onehalf (50%) of the animals.
[3] LC50 The concentration of the chemical in air that will kill 50% of the test animals exposed to it.
Lab specific SOP's providing detailed information relevant to safety and health considerations are required when laboratory work involves the use of highly hazardous chemicals. Find the LD50 on a material safety data sheet (MSDS) or in the Registry of Toxic Effects of Chemical Substances (RTECS). Compare the LD50 to the table above to determine if it is highly toxic, requiring a written SOP.
Many drugs and physiologically active compounds are, by this definition, considered highly toxic. Oftentimes researchers, particularly those with clinical duties in addition to their research activities, underestimate the toxicity of materials frequently encountered in clinical practice. It is important to remember, however, that a drug supplied in a ready-to-use formulation presents a much different level of risk than the pure, undiluted compound that must be weighed or otherwise manipulated in order to prepare it for use. The hazards presented by drugs and other physiologically active compounds in the lab are more similar to those presented to pharmacists preparing drug formulations where considerable precautions are undertaken, than to those presented to clinicians dispensing pre-formulated prescription medications.
For more information on preparing SOPs, see Written Safety Procedures SOPs and SASPs on the DEHS website.
SELECT AGENTS
The Department of Environmental Health & Safety provides the University oversight of select agents as required by federal laws & regulation. As a consequence of the 9/11 terrorist attacks, legislation was passed by Congress and signed by the President on October 26, 2001, which affects the possession of biological agents and toxins with bioterrorism potential termed "Select Agents". The legislation entitled the USA PATRIOT Act extends previous laws that restricted the transport, but not the possession of these agents. Transfer, shipping or receiving of any select agent within or outside the University is prohibited without DEHS approval.
Due to ongoing national concerns regarding the security and possession of "Select Agents" additional legislation entitled the Public Health Security and Bioterrorism Preparedness and Response Act was passed and signed into law on June 12, 2002. The regulations became effective February 7, 2003 and included many new provisions with significant criminal penalties that extend to individuals for failure to comply. The Law requires that all persons possessing select biological agents or toxins register with the appropriate federal agency. For more information about Select Action Registration, see Biological Safety on the DEHS website.
Prudent experimental planning requires not only an accurate assessment of the risks involved, but also selection of appropriate work practices. General laboratory safety practices and procedures are usually sufficient for operations involving hazardous chemicals of mild to moderate risk. When highly hazardous chemicals are involved, however, it may be necessary to take additional steps to adequately reduce risk and protect the health and safety of laboratory workers.
The goal in developing and implementing these special precautions is to set up multiple lines of defense to minimize the risks posed by highly hazardous chemicals. Consider each of the following provisions when developing special procedures for highly hazardous chemicals; some or all of them may apply, depending on the particular circumstances in which the substance will be used. In some circumstances only select precautions may be necessary, such as when the total amount of an acutely toxic substance to be handled is a small fraction of the harmful dose. In other circumstances it may be necessary to implement a full array of precautions.
Substitution & Other Procedural Modifications
The most effective way to minimize the risk posed by highly hazardous chemicals is to reduce or eliminate their use or to alter the procedure in a way that reduces the risk that they pose. Whenever possible replace highly hazardous materials with less hazardous substitutes. If that is not possible try to modify procedures to minimize direct manipulation of hazardous materials. Diluent can be directly added to a container of known quantity to make a stock solution from which aliquots can be drawn or working solutions made, for example. Some highly hazardous materials can be obtained in a form or dilution that reduces the need for direct manipulation, another great risk reduction strategy. Acrylamide purchased in aqueous suspension is but one example. While still a highly hazardous material, the exposure potential, and thus the risk, is much less than when purchased as a powder that must be weighed out and transferred between containers.
Experiments utilizing substitution and similar procedural modifications are in need of fewer additional precautions as described below. It is vital that lab staff examine every experiment utilizing highly hazardous chemicals to determine if these types of modifications can be implemented as a first step in risk reduction. Consult with supervisors, colleagues, and reference documents for assistance in identifying suitable substitutes and other risk reduction strategies. DEHS can provide assistance in comparing risk levels associated with different materials and procedures.
Where use of highly hazardous materials cannot be avoided it is necessary to incorporate additional safety practices and procedures, including development of written SOPs. Listed below are some of the most common supplements to general laboratory safety that are used when working with highly hazardous materials. Selection of appropriate precautions is dependent upon the exposure potential inherent in a particular experimental situation. While all laboratory staff are responsible for conducting experimental procedures in a safe manner, the Principal Investigator is ultimately responsible for ensuring identification and implementation of appropriate precautions when dealing with highly hazardous materials.
Standards Operating Procedures (SOPs)
When working with highly hazardous chemicals it is necessary to develop lab-specific written standard operating procedures (SOPs) relevant to safety and health considerations. The purpose of the SOP is to outline the risks associated with the highly hazardous chemicals in use as well as to describe the steps that lab staff will take to mitigate those risks. SOPs for highly hazardous chemicals can be substance specific or procedure specific, depending on the needs of a particular laboratory.
DEHS provides consultative services to ensure the nature of the hazard is well understood and appropriate controls are incorporated in written SOPs.
Designated Area
Confine operations involving highly hazardous materials to a designated work area in the laboratory. This designated area can be the entire laboratory, an area of the laboratory, or a device such as a chemical fume hood. Warning signs are used to clearly indicate which areas are designated and the nature of the hazard. Use of designated areas need not be restricted to highly hazardous materials, as long as all lab staff are aware of the nature of the substances being used, and the special precautions, laboratory skill and safety discipline required to work in the area.
Access Control
Limit access to laboratories where highly hazardous chemicals are in use to appropriately trained and authorized personnel. Depending on the materials and the circumstances of use, access control can be achieved by a combination of administrative procedures (such as prohibiting unauthorized visitors) and/or physical barriers (such as closing laboratory doors while highly hazardous chemicals are in use or storing highly toxic chemicals in locked cabinets).
Containment
Procedures involving highly toxic chemicals that can generate dust, vapors, or aerosols must be conducted in a hood, glove box, or other suitable containment device. These devices should be checked for acceptable operation prior to conducting experiments with highly hazardous chemicals. If experiments are to be ongoing over a significant period of time frequent checks of hood function or the installation of a flow-sensing device with an audible or visual indicator of performance should be considered. Experiments conducted with highly hazardous chemicals may need to be carried out in work areas designed to contain accidental releases. Hood trays and other types of secondary containers should be used to contain inadvertent spills, and careful technique must be observed to minimize the potential for spills and releases.
Decontamination
Equipment used for the handling of highly hazardous chemicals may need to be suitably isolated from the general laboratory environment. Laboratory vacuum pumps used with these chemicals should be protected by high-efficiency scrubbers or HEPA filters and vented into an exhaust hood. Decontamination, when appropriate, should be conducted in a designated hood.
A number of pharmaceuticals manipulated at concentrations appropriate for patient therapy may pose a risk to lab workers through acute and chronic exposure. While the literature establishing these agents as occupational hazards deals primarily with cytotoxic drugs, documentation of significant exposures from other hazardous drugs is rapidly accumulating. Many hazardous drugs are known human carcinogens, particularly the chemotherapeutic drugs. Chemotherapeutic agents have also been linked to adverse reproductive outcomes. The American Society of Hospital Pharmacists describes four characteristics useful in determining if a medication poses a hazard to workers:
- Genotoxicity.
- Carcinogenicity.
- Teratogenicity or fertility impairment.
- Serious organ or other toxic manifestation at low doses in experimental animals or treated patients.
While no consensus or standardized reference exists, a number of commonly used drugs considered hazardous by the above criteria are listed in the table below. Treat analogues and derivatives of these agents as hazardous medications unless information to the contrary is available. This is not an all-inclusive list. You should also consult the manufacturer's literature and package inserts for additional information. Since investigational drugs are, almost by definition, new drugs with little information regarding potential toxicity, it is prudent to handle them as hazardous medications as well.
In the laboratory the greatest risk of occupational exposures to hazardous drugs occurs during procedures involving manipulation of materials in their pure form, for example, when weighing out finely divided powders. Surface contamination is also a concern, both from small spills that occur during the weighing process and from aerosolization that occurs during the preparation and administration of injections. As many hazardous drugs are absorbed through the skin, unapparent surface contamination can be a significant source of exposure.
An additional exposure concern is presented when hazardous chemicals/drugs are administered to experimental animals. Many of these chemicals and/or their hazardous metabolites are excreted in urine or feces for the first 48 hours or longer following their administration. Bedding collected during this period is considered contaminated and must be handled in a way that reduces the generation of dust and limits the exposure of animal care personnel. Unless researchers can document that the chemical or its hazardous metabolites are not excreted in the animal model, they must develop a Special Animal Safety Protocol (SASP) for chemicals/drugs administered to the animals. For more information on preparing SASPs, see Written Safety Procedures - SOPs and SASPs on the DEHS website.
The first step in designing a safe operating procedure is to become familiar with the potential health and physical hazards of the chemicals involved. Once appraised of the hazards, the researcher must then select appropriate control strategies to assure safe use and disposal of the chemicals. Engineering controls such as chemical hoods are required for processes releasing airborne contaminants. If work practice and engineering controls do not reduce the hazard to a safe level, then personal protective equipment may be required. Lab workers must all plan for the possibility of accidental spills and releases.
The following general guidelines are to be used when handling any chemical. All personnel are responsible for knowing these general rules, plus any other rules that apply to the specific chemical with which they are working.
IMPORTANT PRECAUTIONS
ALWAYS:
- Know the locations of safety showers, and eyewash stations, as well as other emergency equipment. Know details of their operation.
- Conduct procedures that involve hazardous volatile chemicals or that may result in the production of aerosols or dangerous gases in a properly functioning chemical hood. If this is not feasible, call the DEHS Lab Safety Coordinator at 502.852.2830 for a hazard assessment.
- Be alert to unsafe conditions, and call attention to them so that corrections can be made.
- Consider any unlabeled chemical solution hazardous until it is identified.
- Discard chemicals that have changed in color or appearance using approved disposal procedures.
- Allow only authorized personnel in the laboratory.
- Use mechanical devices for all pipetting procedures; never use mouth suction.
- Wash hands frequently always before leaving the laboratory and prior to eating, smoking, applying cosmetics, etc.
- Remove gloves before leaving the laboratory. Do NOT wear gloves out of the lab into elevators or while typing on lab computers.
Protect the face, skin, and eyes at all times by wearing appropriate protective clothing and equipment to avoid direct contact with the chemical (i.e. chemical goggles, gloves, apron or lab coat, etc.). Remove these items before leaving the laboratory. Do NOT wear lab coats or other potentially contaminated protective equipment out of the lab into elevators, during lunch breaks, or launder lab coats at home.
The laboratory chemical hood is often the primary control device when using flammable and toxic chemicals in the laboratory. It is vital that lab personnel understand how chemical hoods work so they can use them properly and avoid exposure to hazardous chemicals.
Below is a safe operating procedure for chemical hood use which is also printable in a poster format. Following these basic steps will help ensure the hood is providing optimum protection. Lab personnel can print out one or more copies of the poster to be displayed on or near chemical hoods.
For a detailed understanding of chemical hoods the reader is directed to the "Chemical Hood User's Guide" on the DEHS website. This guide discusses the different types of chemical hoods and their advantages and limitations, and the differences between chemical hoods and biosafety cabinets, sometimes mistaken for chemical hoods. New laboratory workers and even experienced personnel will benefit from a thorough understanding of these important control devices.
Safe Operating Procedure for Chemical Hoods
- Confirm that the hood is operational. If fitted with a local on/off switch, make sure the switch is in the "on" position; check the airflow gauge if so equipped. In the absence of a gauge, observe the plastic "flow check ribbon" taped to the lower corner of the sash. Airflow can be visually assessed by noting that the ribbon is pulled gently into the hood. The most recent hood test data and optimum sash height are indicated on the yellow label affixed to the hood face. Never work with a malfunctioning hood; report problem hoods to Physical Plant Work Control. Advise DEHS of chemical hoods that malfunction repeatedly.
- Maintain operations at least 6" inside the hood face. Vinyl tape can be attached to the work surface to serve as a visual reminder. " Lower sash to optimum height. Optimum height is the sash height at which airflow is maximized without creating turbulence, generally 100 feet per minute. A yellow label placed on the hood face indicates the most recently recommended sash height. This does not apply to variable volume chemical hoods; these should be operated with the sash at or below the sash stop. With unattended or potentially explosive processes, conduct the operation behind a lowered sash or safety shield.
- Keep head out of hood except when installing and dismantling equipment.
- Keep hood storage to an absolute minimum. Keep only items needed for the ongoing operation inside the hood. Keep the back bottom slot clear at all times as it serves as an exhaust port for chemicals generated near the work surface. Raise large objects at least two inches off the hood surface to minimize air flow disruption.
- Minimize foot traffic around the chemical hood. A person walking past a chemical hood can create competing currents at the hood face, causing vapors to flow out. Other sources of competing air currents such as open windows and fans must also be avoided while using a chemical hood.
- Use extreme caution with ignition sources inside a chemical hood. Ignition sources such as electrical connections, Variac controllers and open flame can be used inside a chemical hood as long as there are no operations involving flammable or explosive vapors. If possible, ignition sources should remain outside the hood at all times.
- Replace hood components prior to use. Every component of a chemical hood, whether airfoil, baffle, or sash, plays a vital role in preventing the escape of hazardous materials from the hood. Any hood components removed to conduct maintenance or repair activities, or to set up experimental apparatus must be replaced prior to using the hood for contaminant control.
Personal protective equipment, or PPE, is designed to protect employees from injuries or illnesses resulting from contact with chemical, radiological, physical, electrical, mechanical, or other hazards. PPE includes a variety of devices and garments such as safety glasses, goggles, gloves, earplugs, coveralls, and respirators. Using PPE is often essential, but it should not be used as a substitute for engineering, work practice, and/or administrative controls to prevent exposure to hazards. Engineering controls involve physically changing the work environment. An example of an engineering control would be a chemical fume hood. Administrative controls involve changing how or when lab workers do their jobs, such as scheduling work and rotating workers to reduce exposures. Work practice controls involve training workers to perform tasks in ways that reduce their exposure to hazards.
DEHS has conducted a Hazard Assessment and Personal Protective Equipment Requirements for General Laboratory Operations. Print this Assessment and post in the lab. If other hazards are present, contact the Laboratory Safety Coordinator to conduct a more specific Personal Protective Equipment Hazard Assessment. Training on the use of PPE is covered during General Lab Safety training and during Lab Specific training by the Principal Investigator.
EYE AND FACE PROTECTION
Safety glasses with side shields that conform to ANSI standard Z87.1, at a minimum, are required for work with hazardous chemicals. Ordinary prescription glasses are not adequate protection. Contact lenses can be worn safely if appropriate eye and face protection is also worn. Although safety glasses can provide satisfactory protection from injury from flying particles, they do not fit tightly against the face and offer little protection against splashes or sprays of chemicals. Splash goggles should be worn if there is a potential for splash in any operation involving chemicals. Full face shields with splash goggles should be worn when handling large quantities of chemicals, explosive, or highly hazardous chemicals. If work in the lab could involve exposure to lasers, ultraviolet light, infrared light, or intense visible light, specialized eye protection should be worn. Consult the DEHS Laboratory Safety Coordinator or 502.852.2830 for guidance.
HAND PROTECTION
Gloves appropriate to the hazard should be used. It is important that the hands and any skin that is likely to be exposed to hazardous chemicals receive special attention. Proper protective gloves should be worn when handling hazardous chemicals, toxic materials, materials of unknown toxicity, corrosive materials, rough or sharp-edged objects, and very hot or cold objects. Before the gloves are used, it is important that they be inspected for defects.
The degradation and permeation characteristics of the glove material selected must be appropriate for protection from the hazardous chemicals being handled. Glove selection guides (available from most glove manufacturers) should be consulted. Some websites for glove manufacturer information on chemical resistance of glove materials:
Best Glove - https://www.showagloves.com/products
Ansell - http://www.ansellpro.com
You may also contact the Laboratory Safety Coordinator at 502.852.2830 for guidance on proper glove selection.
Disposable latex gloves are very permeable to most chemicals. They are designed for use with biological hazards, and they should not be used for chemical protection. If latex gloves are used for biological hazards, be aware of latex allergy symptoms: skin rash, inflammation, respiratory irritation, and in rare cases, shock. Be sure to let your supervisor know if you have a latex allergy.
Gloves should be inspected before use, frequently during use, and replaced immediately if they are contaminated or torn. The use of double gloving may be appropriate in situations involving chemicals of high or multiple hazards. Hands should be washed after removing gloves. Always remove gloves before leaving the laboratory.
CLOTHING
Wear clothing that protects your skin. Wear long pants no shorts or short skirts. Wear a lab coat for further protection. Lab coats should be worn with the front fastened and the sleeves completely down, not rolled up. The coat sleeves keep splashes and aerosols from contacting your forearm and wrist. Have a plastic or rubber apron available for working with strong caustics or corrosives. Shoes should completely cover your feet; do not wear open-toed shoes, sandals or clogs.
REQUIRED USE OF RESPIRATORS
The primary method for the protection of laboratory personnel from airborne contaminants should be to minimize the amount of such materials entering the laboratory air. Engineering controls such as chemical hoods, biosafety cabinets, and local exhaust ventilation shall be used to contain and exhaust hazardous emissions. There should be very few instances in a laboratory when respiratory protection is necessary. Respirators may only be considered when engineering controls are not feasible or are inadequate to reduce exposures to acceptable levels. Use of respirators of any kind must be approved by DEHS. DEHS will perform a hazard assessment, including air monitoring if warranted.
Where respiratory protection is required to reduce potential exposure to acceptable levels, full compliance with the OSHA Standard for Respiratory Protection is mandated. See the UofL Respiratory Protection Program on the DEHS website for the requirements for respirator selection and use, medical approval, fit testing, training, and maintenance and care of respirators. Before using a respirator, employees must receive medical approval, training and fit testing.
VOLUNTARY USE OF FILTERING FACEPIECE RESPIRATORS (DUST MASKS)
There are times when lab staff may wish to use respiratory protection, even when exposures are below the regulatory exposure limit, to provide an additional level of comfort and protection. For example, dust masks are often worn as a precaution when weighing toxic powders, even though there is no quantifiable exposure. However, if a respirator is used improperly (dust masks are not appropriate for volatile chemicals) or not kept clean, the respirator itself can become a hazard to the worker. The PI is responsible for notifying DEHS of the voluntary use of filtering facepiece respirators to ensure the respirator does indeed protect against the contaminant of concern and does not in itself create a hazard. Voluntary use of dust masks in non-hazardous situations does not require medical evaluation or fit testing, but must be approved by DEHS. Every lab worker who uses a respirator on a voluntary basis must be provided with the basic advisory information contained in Appendix D of the OSHA Standard.
The quantities, types, and storage of chemicals are major factors in laboratory safety. A few basic rules will greatly reduce risks in the laboratory.
GUIDELINES FOR ORDERING
Always order the minimum amount of a needed chemical. A quantity of hazardous chemical not ordered is one to which workers are not exposed, for which appropriate storage need not be found, which need not be tracked in an inventory control system, and which will not end up requiring costly disposal when it becomes a waste.
Regularly check inventory and dispose of outdated or unnecessary chemicals out-dated, expired and unknown chemicals should be promptly disposed. Avoid a stockpile of unused chemicals.
GUIDELINES FOR LABELING
- Labels on incoming containers of hazardous chemicals shall not be removed or defaced. Chemicals in containers with deteriorated or illegible labels shall not be used.
- Label all secondary storage containers with the following information:
- Chemical identity.
- Hazard warning (e.g. flammable, carcinogen, corrosive, etc.).
- Labels should be understandable to laboratory personnel, emergency response teams, and others, and should be resistant to fading from aging and chemical exposure.
- Transfer containers are not required to be labeled, but if not emptied at the end of each day, a container is considered a storage container and must be labeled.
- Peroxidizable chemicals should be dated when received and when opened. It is good practice to do so for all chemicals.
- Chemical identity.
- Hazard warning (e.g. flammable, carcinogen, corrosive, etc.).
It is also good practice to properly identify the contents of containers not usually thought of as storage containers, such as reaction vessels, and process equipment, if they will contain hazardous chemicals for more than brief periods of time.
STORAGE LOCATIONS
Every chemical should have a specific site for storage and should be returned immediately after use. Most vendors now include detailed hazard and storage information on the container label, including the NFPA diamond and hazard symbol codes. Read these carefully for storage instructions and follow those instructions accurately. Incompatible chemicals shall not be stored where a leak or container rupture might result in contact of the chemicals.
The following guidelines should be used when storing any chemical:
- Store flammable liquids in a flammable material storage refrigerator.
- Do not use a chemical hood as a storage area for chemicals and solvents. Segregate acids from bases.
- Segregate corrosives from flammables. Segregate strong oxidizers from EVERYTHING.
- Most organic reactives must be segregated from inorganic reactives (metals) Segregate reactives from ignitables.
- Do not store chemicals more than two containers deep so you can read labels without moving the other chemicals around.
- Do not store glass bottles on the floor where they can be bumped and broken.
- Do not store corrosives on high shelves in order to avoid injury if the chemical were to leak or spill from the container.
- Avoid storing chemicals on bench tops, except for those chemicals currently in use.
STORAGE SYSTEM
Most often, alphabetical order is not the best storage system for chemicals. This may place incompatible chemicals next to one another, or may cause largesized glass bottles to be stored on a top shelf.
Retrieval of stored chemicals is best accomplished by maintaining a current chemical inventory. Such an inventory should denote:
- Name of chemical;
- Amount of chemical stored;
- Date received;
- Hazard profile (i.e. flammable or toxic); and
- Storage location.
Partial List of Incompatible Chemicals
INTRODUCTION
Incompatible chemicals are those that if inadvertently mixed, would produce toxic gases, explosive reactions, or spontaneous ignition. Such chemicals should never be stored or handled in a manner that might allow contact. DEHS has a chemical segregation guides available for many different classes of hazardous chemicals. While it may be consulted, always refer to each hazardous chemical's Safety Data Sheet (SDS) for a complete list of incompatible materials.
Definitions:
Solvent: any flammable or combustible liquid with a flash point below 200°F, including hazardous waste.
Unprotected Solvent: any solvent not in a flammable liquid storage cabinet or safety can.
Flammable Liquid Storage Cabinet: a metal cabinet meeting the design and construction requirements of NFPA 30 and having been tested and listed by Underwriters Laboratories (UL) or Factory Mutual (FM) Laboratories.
Safety Can: a metal can meeting the design and construction requirements of NFPA 30 and having been tested and listed by Underwriters Laboratories (UL) or Factory Mutual (FM) Laboratories. The safety can shall be a maximum 2gallon capacity.
Bulk Storage Room: a room constructed to meet the requirements of NFPA 30.
policy
Fiscal Misconduct
Official University Administrative Policy
Policy Name:
Fiscal Misconduct
Effective Date:
October 22 2007
Policy Number:
ICO 1 03
Policy Applicability:
This policy applies to University Employees administrators faculty and staff
Policy Statement:
All university employees, including student employees, are responsible for proper conduct and handling of any university resources or fiscal matters entrusted to them in accordance with university policies and the law.
Related Information:
Duty to Report and Non-Retaliation Policy ICO-1.01
Reporting and Investigation Procedure ICO-1.01A
Policy Reasoning:
The university is committed to maintaining the public trust regarding the management and stewardship of university assets. The purpose of this policy is to promote employee awareness, to communicate the university's expectations of its employees regarding suspected fiscal misconduct, and to establish procedures for appropriate action in any case of suspected fiscal misconduct.
This policy applies to all university employees in fiscal matters of the university and its affiliated and related corporations. All supervisory personnel are expected to be aware of the policy as any suspected instance of fiscal misconduct must be promptly identified, reported, and investigated.
Definitions:
1) Fiscal misconduct: includes, but is not limited to:
- Embezzlement or misappropriation of university funds, goods, property, services, or other resources;
- Forgery or unauthorized alteration of financial documents or records;
- Improper handling or reporting of financial transactions;
- Authorizing or receiving compensation for goods not received or services not performed;
- Authorizing or receiving compensation for hours not worked; and
- Authorizing or receiving reimbursement for travel and related expenses not incurred or not authorized under university policy.
2) Suspected fiscal misconduct: a reasonable belief or actual knowledge that fiscal misconduct has occurred or is occurring.
Responsibilities:
Administrators, Supervisors and Managers
Employees with managerial or supervisory duties are responsible for creating an environment of fiscal integrity and for maintaining appropriate internal controls that assist in the prevention and detection of fiscal misconduct. Managers and supervisors should be familiar with the types of fiscal misconduct that might occur within their area of responsibility and be alert for indications of their occurrence.
Managerial and supervisory employees should not investigate or discuss the circumstances of the suspected fiscal misconduct except as may be directed by the person(s) having primary responsibility for the investigation.
Reporting
Audit Services has the primary responsibility for coordinating the initial assessment, investigation, and internal reporting of known or suspected fiscal misconduct. The University of Louisville Police Department, Office of General Counsel and VP for Legal Affairs, and other offices, including external law enforcement agencies, will be involved in these activities as may be appropriate to the circumstances.
Official University Administrative Policy
Policy Name:
Duty to Report and Non Retaliation
Effective Date:
April 22 2008
Policy Number:
ICO 1 01
Policy Applicability:
This policy applies to University Employees administrators faculty staff and student employees
Policy Statement:
A. Knowledge of or suspicion of misconduct, violations of law, or other wrongdoing must be immediately reported to university management, the University Integrity and Compliance Office, other university compliance officials, or the University Compliance and Ethics Hotline.
B. No employee shall engage in retaliation, retribution, or any form of harassment against another employee for reporting a compliance concern, ethical matter, or other questionable practice.
C. Employees cannot exempt themselves from the consequences of wrongdoing by self-reporting, although self-reporting may be taken into account in determining the appropriate course of action.
Any employee who violates this policy will be subject to disciplinary action, up to and including termination.
Related Information:
- KRS 61.102 - Reprisal against public employee for disclosure of violations of law prohibited
- KRS 205.8465 - Mandatory reporting of violations, Confidentiality, and Prohibition against discrimination or retaliation
- False Claims Act, 31 U.S. Code § 3730(h) - Civil actions for false claims, relief from retaliatory actions, http://www.gpo.gov/fdsys/pkg/USCODE-2011-title31/pdf/USCODE-2011-title31-subtitleIII-chap37-subchapIII-sec3730.pdf
- American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) § 1553, Protecting State and Local Government and Contractor Whistleblowers, http://www.gpo.gov/fdsys/pkg/PLAW-111publ5/pdf/PLAW-111publ5.pdf
- Fiscal Misconduct Policy ICO-1.03
- Reporting and Investigation Procedure ICO-1.01A
- Employee Whistleblower Protection Notice
Policy Reasoning:
The University of Louisville is responsible for the proper use of its resources and the public and private support that furthers the realization of its mission. The university is committed to conducting its affairs in full compliance with the law and with its own policies and procedures. Such adherence strengthens and promotes ethical and fair practices and treatment of all members of the university community and those who conduct business with the university. All employees and any other individuals holding positions of fiduciary duty with the university are obligated to perform these duties in compliance with all applicable laws and university policies and procedures.
The purpose of this policy is to encourage and enable good-faith reports by university employees of observed or suspected misconduct or noncompliance with law or with university policies and procedures without fear of retaliation or retribution.
Definitions:
University Employee: Individuals who are administrators, faculty, staff, and/or student employees.
policy
Campus Signage Policy
Official University Administrative Policy
Policy Name:
Campus Signage Policy
Effective Date:
March 3 2026
Policy Applicability:
This policy applies to University of Louisville employees including faculty staff and administrators students university recognized groups or organizations visitors and vendors when they are in facilities or on premises owned or controlled by the University of Louisville the University of Louisville Research Foundation or the University Athletic Association This policy excludes University of Louisville Health facilities or premises and university and affiliated campus housing facilities University of Louisville Health and university and affiliated campus housing facilities premises have their respective policies regarding the use and display of Signage which are tailored to the nature and operational needs of those facilities This policy excludes Signage required by federal state or local statutes and codes or other governmental regulatory bodies or official university Signage as approved by University Planning Design and Construction UPDC This policy is not intended to limit personal expression in employee offices and workspaces Personal expression items decorations or displays in individual employee offices or assigned workspaces is addressed in the Individual Workspaces and Offices section below
Policy Statement:
Viewpoint Neutrality
This policy shall be administered in a viewpoint-neutral manner consistent with the university's Viewpoint Neutrality Policy and the Campus Free Speech Protection Act (KRS 164.348). The approval, placement, and removal of Signage shall not be based on the political, social, or ideological viewpoint expressed by the Signage. Enforcement of this policy, including decision regarding removal of Signage, shall be based solely on viewpoint-neutral criteria such as location, size, duration, safety, compliance with state and federal laws, compliance with university policies and compliance with procedural requirements.
General Requirements
The proliferation of Signage can negatively impact the environment, create clutter, detract from the campus landscape, and mar the experience of individuals visiting our campuses. Members of the university community need to be mindful of the university and its surroundings when considering the display or use of any form of Signage and should strive to use sustainable materials and/or electronic media to reduce any negative environmental impacts.
A Vice President, Dean, or Vice Provost must approve of the Signage request for their unit/department prior to it being submitted to UPDC. UPDC must approve all Signage using consistent criteria and in accordance with the parameters outlined in this policy.
All Signage displayed on locations or other premises or facilities owned or controlled by the university, as specified in this policy's applicability section, must comply with the university's branding policy and meet the criteria specified in this policy.
Placement Restrictions
The placement of Signage must not:
- Impede the free movement of foot, bicycle, or vehicular traffic on campus.
- Be placed on any light or utility (electrical or telephone) pole, lines, or facilities.
- Be placed on traffic signs, emergency call boxes, painted surfaces, benches, planters, statues, outdoor artwork, utility boxes, newsstands, advertising dispensers, trees, shrubs, roadways, or outdoor steps, unless approved by UPDC and installed by the Physical Plant department or an approved university vendor as designated by UPDC.
- Be placed on sidewalks or walkways.
- Be placed on building roofs, exterior walls of campus buildings or structures, or over campus roads or roadways. Only Signage that meets the policy requirements, is approved by UPDC, and is installed by the Physical Plant department or by an approved vendor as designated by UPDC may be displayed in these areas.
- Be affixed to building walls, windows, doors, floors, columns, beams, elevators, or stairwells by use of screws, anchors, bolts, surface-damaging adhesives, paints, or stains.
- Contain language or images that violate laws, such as copyright, trademark, false advertising, the incitement of violence, or similar laws.
Temporary Signage - General Parameters
General parameters pertaining to all forms of Temporary Signage include:
- Temporary Signage may be displayed for up to thirty (30) calendar days, unless a longer period is approved by UPDC, except for chalking and yard signs, which may be displayed for up to seven (7) calendar days or until the end of the event. A unit representative is required to notify UPDC when approved signage is installed.
- Removal of Temporary Signage is the responsibility of the vice president or department head of the unit/department. They may work with Physical Plant to remove the posting of the Signage, as needed. If Temporary Signage is not removed after thirty (30) calendar days, or within the approved display period, the unit/department will be responsible for any costs associated with removal.
- In the event of a class being moved to a different room or building, Temporary Signage may be used in a visible location at the entrance to inform students of the new location.
- Temporary Signage that requires placing a spike, post, or base in the ground (including bow-shaped banners, feather flags, etc.) that exceeds twelve (12) inches must be installed by Physical Plant to avoid damage to underground utilities. Physical Plant must also install pole banners.
- The vice president or department head of the unit/department requesting Physical Plant to post Signage will be responsible for any cost to determine buried utilities and the cost for the installation. The proposed locations must be reviewed and approved by UPDC. Temporary Signage may not be placed at the oval entrance (including lawn) in front of Grawemeyer Hall. Placement of Signage at athletics facilities will require additional permission from the Athletics Department.
- Temporary Signage displaying business or commercial advertising are prohibited unless the display of the advertisement is part of a university-approved agreement.
Temporary Signage - Specialized Parameters
Vinyl Window Graphics
- Vinyl window graphics on exterior building windows may be used as a temporary means of conveying identification information, but not in lieu of Permanent Signage. Vinyl window graphics approved by UPDC may remain in place until Permanent Signage is fabricated and installed.
- The placement and display area of vinyl window graphics must be reviewed and approved by UPDC prior to placement.
Banners/Building Wraps
- Banners/building wraps may be used to celebrate university-recognized promotions or achievements of its students, employees, alumni, colleges, or units and must be approved by UPDC.
- Quality and design of banners (large format, printed on material, affixed to the vertical surface of a facility) must comply with the university brand identity and visual standards. The Office of Communications and Marketing (OCM) must approve the banner to ensure consistency with university branding prior to production and installation, with final approval by UPDC.
- Banners and building wraps must be installed by the university's Physical Plant department or by a vendor as designated by UPDC and shall be executed in a fashion so that it does not damage the building or building components, compromise building safety, and/or security requirements. The university department/unit listed on the request form will be responsible for payment of any costs associated with the installation, maintenance, repair for damages, or removal of the banners.
- Banners shall not be attached to light posts, signposts, trees or other plant materials, or to structures or art pieces not associated with buildings or university pedways, unless approved by UPDC.
- Banners shall not obstruct Permanent Signage, windows, doors, or ventilation.
- A banner may not display corporate logos or acknowledgments unless it is part of a university-approved agreement.
- Time of display shall not exceed thirty (30) calendar days from date of installation, unless a longer period is approved by UPDC.
- Building wraps on exterior building surfaces may be used as Temporary Signage.
Flyers
- Flyers are exempt from the pre-approval process.
- Flyers, including posters, handbills, or any other form of announcement, may not be posted in such a manner as to cause physical damage to any facility or natural campus feature.
- Flyers are not permitted on sidewalks, building exteriors, walls, painted surfaces, doors, windows, elevator cabs, fountains, fences, trees and shrubs, planters, poles, Permanent Signage, or any other facility feature.
- Flyers may be permitted on public bulletin boards and display cases designated for this purpose. All public-facing bulletin boards in all UofL facilities will post the purpose of the bulletin board in the lower right corner (e.g., This bulletin board is reserved for use of XYZ department for office communication only), along with the responsible department and telephone number and/or email address. Postings that do not align with or meet the stated purpose may be removed.
- For bulletin boards or display cases designated for public use in a facility, a notice should be posted in the lower right corner designating it for public use and should also contain the name of the department responsible and telephone number and/or email address. It should also contain a notice of regular (weekly/monthly) removal of all postings to allow for access for new postings on a regular basis. All flyers will be removed at the designated time (e.g., each Friday at 3:00 pm or the second Tuesday at 8:00 am). Only one flyer or notice about a particular event is allowed on a bulletin board. Duplicate notices will be removed.
- Surface-penetrating fasteners or surface-damaging adhesives (e.g., glues, construction adhesives, or duct tape) may not be used to display Temporary Signage of any kind. Flyers may be affixed to existing bulletin boards or other display methods designed for such purpose.
Chalking
- Chalking may be displayed on sidewalks using water-soluble chalk for up to seven (7) calendar days or until the end of the event.
- Chalking is not permitted directly in front of doorways, stairs, or ramps to any building.
- Chalking is not permitted under an overhang of a building, the side of a building, the sides of other vertical surfaces, or under ramps.
- Chalking is not permitted on the sidewalks around the Speed Art Museum and within 50 feet of any of the Residence Halls.
- Chalking using industrial chalk, spray chalk, paint or spray paint is expressly prohibited.
- Chalking that contains language or images that violate laws, such as copyright, trademark, false advertising, inciting violence, or similar laws is expressly prohibited.
- Chalking that does not comply with this policy may be removed at the discretion of an authorized university official(s).
Yard Signs
- Yard signs may be displayed on university campus grounds for up to seven (7) calendar days or until the end of the event. Yard signs shall only be placed and displayed in approved areas, such as mulch beds.
- Yard signs are limited to university-sponsored events, programs, or officially recognized university organizations. Yard signs supporting or opposing political candidates, political parties, or ballot initiatives are not permitted on university grounds, regardless of their source, consistent with the university's prohibitions regarding the use of university property for political campaign activity.
- Yard signs must not interfere with pedestrian traffic, present a potential tripping hazard, or interfere with vehicle/golf cart traffic or grounds maintenance vehicles.
- Yard signs should include the sponsor's name on the bottom portion of the sign.
- Yard signs that contain language or images that violate laws, such as copyright, trademark, false advertising, incitement of violence, or similar laws are prohibited.
- Yard signs that do not comply with this policy may be removed at the discretion of an authorized university official(s).
Individual Workspaces and Offices
Consistent with the university's Viewpoint Neutrality Policy, employees may display personal items expressing political, social, or ideological viewpoints in their individual workspaces. Such displays are considered personal expression and are not subject to the approval requirements of this policy. Employees who share workspace such as desks or cubicles should be considerate of others who use the space when displaying personal items. Personal items may need to be removed when other employees utilize the space and only displayed when the owner utilizes the shared workspace.
Personal items include, but are not limited to, buttons, photographs, artwork, decorations, and similar items that are the personal property of the employee. The display of personal items does not constitute use of university resources for the purposes of the Viewpoint Neutrality Policy.
Personal items may not include content that would violate the university's policies on sexual harassment, discriminatory harassment, or other applicable workplace conduct policies. Any restrictions on personal items under this provision must be based on existing university policy and applied without regard to political, social, or ideological viewpoint.
Employees in roles involving direct student evaluation, student services, or significant public interaction should be mindful that personal displays may be perceived by students or visitors. Nothing in this policy requires removal of personal items based on the viewpoint expressed, but employees are encouraged to consider whether prominent displays might affect perceptions of impartiality in the performance of their official duties.
Compliance and Enforcement
Failure to comply with this policy may result in the university removing Temporary Signage from the university campuses and/or loss of future privileges. Individuals, groups, or organizations will be responsible for costs associated with the installation or removal of Signage and/or any damages to university property caused by Signage. Gross or repeat violations of this policy are subject to appropriate sanctions and/or disciplinary action as defined in accordance with applicable university policies. UPDC is responsible for enforcement of this policy.
Enforcement decisions shall be based solely on viewpoint-neutral criteria, including but not limited to location, size, duration, method of installation, safety considerations, and compliance with the procedural requirements of this policy. Enforcement decisions shall not be based on the political, social, or ideological content or viewpoint of the Signage.
Related Information:
HSC Signage Guidelines (log-in required)
UPDC Signage Guidelines
Policy Reasoning:
This policy serves to inform the university community of the criteria that must be met to use or display Signage on university campuses, protect the image and safety of the university and its facilities, and enhance the academic experience while maintaining a marketplace of ideas where the free exchange of ideas is celebrated.
Definitions:
Signage includes Permanent and Temporary Signage.
Permanent Signage includes, but is not limited to building name, wayfinding, street names, emergency Signage, legally required Signage, traffic control, and parking.
Temporary Signage is defined as postings on the interior and exterior of university buildings and other outdoor areas, including banners, vinyl window graphics, posters, or any other form of sign containing content that is non-permanent in nature.
Individual Workspace means an employee's assigned office, cubicle, workstation, or other designated personal work area.
Personal Items means items that are the personal property of the employee and are not provided by or purchased with university funds, including but not limited to buttons, photographs, artwork, posters, flags, and decorations.
Responsibilities:
UPDC is responsible for providing education and interpretation of this policy.
UPDC is responsible for enforcement of this policy.
UPDC is responsible for coordinating the approval of any Signage requests including location, type of installation, and brand compliance.
Official University Administrative Policy
Policy Name:
Equal Employment Opportunity
Effective Date:
May 1 1992
Policy Number:
PER 1 01
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The University of Louisville is an Equal Employment Opportunity employer. The University strives to provide equal employment opportunity on the basis of merit and without unlawful discrimination on the basis of race, sex, age, color, national origin, ethnicity, creed, religion, disability, genetic information, sexual orientation, gender, gender identity or expression, veteran status, marital status, or pregnancy. It is the policy of the University that no employee or applicant for employment be subject to unlawful discrimination in terms of recruitment, hiring, promotion, contract, contract renewal, tenure, compensation, benefits, and/or working conditions. No employee or applicant for employment is required to endorse or condemn a specific ideology, political viewpoint, or social viewpoint to be eligible for hiring, contract renewal, tenure, or promotion.
The University acknowledges its obligations to ensure affirmative steps are taken to ensure equal employment opportunities for all employees and applicants for employment.
Statement on Veterans and Individuals with Disabilities: The University prohibits job discrimination of individuals with disabilities, Vietnam era veterans, qualified special disabled veterans, recently separated veterans, and other protected veterans. This statement is intended to comply with the University's obligations under the Rehabilitation Act of 1973 and the Vietnam Era Veteran Readjustment Act of 1974.
Definitions:
NOTE: Vietnam Era Veteran denotes an individual who served in the Armed Forces of the United States during the period of August 5, 1964, and May 7, 1975.
Responsibilities:
University of Louisville administrators are responsible for taking steps to ensure compliance with this Policy.
Official University Administrative Policy
Policy Name:
Expenditure Authorization
Effective Date:
December 1 2005
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
All payment requests submitted or travel vouchers must include the following:
- Payee Name, Address, and Vendor number (excluding employees and active students).
- Department name, requestor name, phone number, and e-mail address.
- Date.
- Employee ID/Student ID number, if applicable.
- Detailed description of the expense(s).
- Amount(s).
- Speedtype (valid number and appropriately funded) and account number for each expense.
- Appropriate signatures (**See below).
**Signature Requirements:
Employee reimbursements:
1. Employee.
2. Speedtype authority.
3. Supervisor.
4. Department Dean/VP/Chair (entertainment expenses only).
Trade Supplier Payments:
1. Speedtype authority.
2. **Supervisor (if payment being made on behalf of specific employee or group of employees for dues, memberships, parking, registrations, etc.).
**The senior-most supervisor should approve the payment request in cases of group registrations, memberships, parking, etc. and should not be an individual who is included in the group.
Official University Administrative Policy
Policy Name:
Identity Verification of Students Enrolled in Online Courses
Effective Date:
December 14 2021
Policy Applicability:
This policy applies to University of Louisville online programs courses and activities including courses designated as Distance Education DE or other comparable designation The University of Louisville offers online courses which fall under the U S Department of Education s definition of distance education and this policy applies to all courses that are subject to the federal requirements for distance education beginning with the application for admission and continuing through a student s graduation transfer or withdrawal from study University of Louisville employees and students are responsible for complying with this policy
Policy Statement:
The University of Louisville (University or UofL) is committed to complying with all applicable requirements regarding the operation of distance education within states and U.S. territories. The University has established processes to confirm that a person who is enrolling in distance education courses at the University is the same person who enrolls at the University, completes examinations, and participates in, completes, and receives credit for the course.
The University meets the federal requirement by authenticating student identities through an individual secure login and password (i.e., User ID and password). The University uses a combination of course management system (learning management system "LMS") and student, financial, and human resources management system in conjunction with student code of conduct policies to ensure the integrity of its online learning system and to verify the identity of enrolled students. Required multifactor authentication (MFA) has been implemented across these university systems.
Secure Login and Password
Each student has their own assigned User ID and student-generated password to log into learning management systems. The User ID is not a secure credential and may be displayed at various areas in the learning management system. The password used to enter the system is a secure credential. Access passwords may not be shared or given to anyone other than the user to whom they were assigned for any reason. All users of the University's learning management systems are responsible for maintaining the security of passwords and any other access credentials assigned. The University provides information to its users, including students, regarding password security, academic integrity, privacy rights, and sensitive data security.
Associated Fees with Verification of Student Identity
The University is required, through federal regulations and SACSCOC, to notify students of any additional student charges associated with the verification of student identity at the time of registration or enrollment. Federal regulations also require the University to make readily available to enrolled and prospective students the cost of attending the institution (34 CFR § 668.43).
The University notifies all students of projected additional costs in the Schedule of Classes. Registration for classes at UofL is an electronic process, and bills are generated based on the student's course selections. Therefore, if any distance education course requires a proctored exam or has other associated fees, students are notified upon registration for the class. The Schedule of Classes indicates that a proctor, if needed, may charge the student a fee.
The Delphi Center for Teaching and Learning provides guidance that should be used as a reference for proctored examinations: https://louisville.edu/online/resources/exam-proctoring
The University may also authenticate student identities through a combination of the following methods:
- Proctored examinations (remote and/or in-person) http://louisville.edu/online/resources/exam-proctoring);
- Pedagogical and related practices that are effective in verifying student identity (faculty review, questioning students, etc.); or
- Other technologies approved by the University that have been shown to be effective in verifying student identification.
Pedagogical and Related Practices
As technology and personal accountability are not absolute in determining a student's identity, instructors are encouraged to design courses that use assignments and evaluations that support academic integrity. Changes in student behavior such as sudden shifts in academic performance or changes in writing style or language used in discussion groups or email may indicate academic integrity problems. Instructors are encouraged to use a variety of assessment instruments, and to routinely ask students to share, in appropriate ways, important ideas learned from texts and references, require research projects and paper assignments to be submitted in steps, and/or use websites or technologies that check for plagiarism.
New or Emerging Technologies
Third party vendors that provide robust identity verification or proctoring software services may be used as an option by the University or its academic units. Course instructors must use the identity verification or proctoring software approved by the University. Instructors may, with cause, request to use alternative identity verification or proctoring software. If alternate identity verification software is approved, instructors are responsible for informing the Academic Technology Committee of any new technologies being used to verify student identity so that published information on student privacy can be maintained appropriately, and so that the University can coordinate resources and services efficiently. Because technology and personal accountability may not verify identity absolutely or ensure academic integrity completely, instructors are encouraged, when feasible and pedagogically sound, to design courses that employ assignments and evaluations unique to the course and that support academic integrity.
In addition to the aforementioned policies and procedures, the UofL Student Code of Conduct applies to all students regardless of location and addresses the misuse of electronic resources. Further, the UofL Student Rights and Responsibilities document outlines for students the definition of academic dishonesty, which includes situations such as such as sending a substitute to take one's test, conducting research for another student, and other related situations.
Privacy Protection
The privacy of student education records is governed by FERPA. Any and all methods used by any University employee to access and/or verify student identity in distance education must protect the privacy of student information and be in compliance with FERPA, KRS 61.931-934, the University's information security policies, and the University's Privacy Statement.
Personally identifiable information collected by the University may be used, at the discretion of the institution, as the basis for identity verification. For instance, a student requesting a password to be reset may be asked to provide two or more pieces of information for validation to compare with data on file.
Compliance
Employees and students are expected to comply with this policy and associated University policies in promoting the academic integrity of its distance education courses, as explained in the University's catalog and Student Handbook under academic regulations. These policies are widely disseminated throughout the University.
Units and employees are expected to comply with this policy when engaging in distance education courses and programs. Failure to comply could result in disciplinary action of employees, suspension of distance education courses, and/or financial loss of courses found in violation of this policy. Federal regulations related to distance education were used to guide this policy and any violation of this policy will be taken seriously.
Individuals may report violations of this policy to the Delphi Center for Teaching and Learning at 852-4319 and deregs@louisville.edu, the University Integrity and Compliance Office at compliance@louisville.edu, or to the University's Compliance and Ethics Hotline.
Related Information:
Federal Regulation:
34 §602.17(g): https://www.ecfr.gov/current/title-34/part-602/section-602.17#p-602.17(g)
SACSCOC
Distance Education and Correspondence Courses Policy Statement: https://sacscoc.org/app/uploads/2019/07/DistanceCorrespondenceEducation.pdf
KY Personal Information Security and Breach Investigation
In addition to the foregoing, the University of Louisville complies with applicable state law, such as KRS 61.931-934. KRS 61.931-934 is a data privacy law that imposes data security requirements, investigation requirements and breach notification requirements on governmental agencies and "nonaffiliated third parties" that do business with governmental agencies.
Policy Reasoning:
Per federal law and the Southern Association of Colleges and Schools Commission on Colleges' (SACSCOC) Principles of Accreditation, institutions offering online education (hereinafter referred to as distance education) must have processes to establish that the student who registers in such courses is the same student who participates in and receives academic credit.
The purpose of this policy is to ensure that the University of Louisville operates in compliance with the federal requirements concerning the verification of student identity in distance education. This policy provides awareness to University of Louisville employees of the regulations and requirements related to verification of student identity and helps to eliminate risks of non-compliance to the University of Louisville and its students.
Definitions:
Distance Education: The United States Department of Education defines distance education as follows:
(1) Education that uses one or more of the technologies listed in paragraphs (2)(i) through (iv) of this definition to deliver instruction to students who are separated from the instructor or instructors and to support regular and substantive interaction between the students and the instructor or instructors, either synchronously or asynchronously.
(2) The technologies that may be used to offer distance education include:
(i) The internet;
(ii) One-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices;
(iii) Audio conference; or
(iv) Other media used in a course in conjunction with any of the technologies listed in paragraph (2)(i) through (iii) of this definition.
(3) For purposes of this definition, an instructor is an individual responsible for delivering course content and who meets the qualifications for instruction established by an institution's accrediting agency.
(4) For purposes of this definition, substantive interaction is engaging students in teaching, learning, and assessment, consistent with the content under discussion, and also includes at least two of the following:
- Providing direct instruction;
- Assessing or providing feedback on a student's coursework;
- Providing information or responding to questions about the content of a course or competency;
- Facilitating a group discussion regarding the content of a course or competency; or
- Other instructional activities approved by the institution's or program's accrediting agency.
(5) An institution ensures regular interaction between a student and an instructor or instructors by, prior to the student's completion of a course or competency:
- Providing the opportunity for substantive interactions with the student on a predictable and scheduled basis commensurate with the length of time and the amount of content in the course or competency; and
- Monitoring the student's academic engagement and success and ensuring that an instructor is responsible for promptly and proactively engaging in substantive interaction with the student when needed, on the basis of such monitoring, or upon request by the student.
Responsibilities:
All Users of the University's learning management system (LMS) are responsible for any and all uses of their account. Users are responsible for changing passwords periodically to maintain security.
Students are responsible for providing accurate and true information about themselves in any identity verification process. The University requires students to follow University's policies regarding security, plagiarism, and other forms of academic dishonesty. When students receive their email account, they receive an email from Information Technology Services (ITS) that says, "Please ensure that you are familiar with the University's policies and standards located at https://louisville.edu/security/policies. Use of this account indicates the acceptance by you of these policies and standards, changes or modifications." University of Louisville student community members are expected to uphold and abide by the Student Code of Rights and Responsibilities.
Instructors teaching courses through distance education methods have the primary responsibility for ensuring that their courses comply with the provisions of this policy and its associated procedures and regulations. Instructors may consult with the Delphi Center to ensure that their distance education courses meet the above verification of student identity requirements.
Unit Heads (Deans and directors) are responsible for ensuring that academic awards, degree programs and instructors within their unit comply with the provisions of this policy and regulations.
The Delphi Teaching and Learning Center is responsible for interpretation of this policy, educating unit heads and other University leadership of this policy and any changes to it in a timely fashion. The Delphi Center shall, as requested, provide instructors with appropriate training to use pedagogical approaches and technology to promote academic integrity. The Delphi Center is responsible for creating and maintaining informational resources and trainings, as needed, covering verification of student identity for instructors.
Official University Administrative Policy
Policy Name:
Purchase of Pre Owned and Reconditioned Equipment and Products
Policy Number:
PUR 35 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The University may elect to purchase this type equipment or product provided a written determination is filed outlining the following:
- The purchase is fully justified.
- It is of proven value to the University.
- Bona fide statements of the condition of the materials accompany the letter.
- Independent appraisals of all equipment and/or other materials attesting to current market values accompany the request. Complete data and descriptions, model numbers, serial numbers, brand names, and accessories must also be included.
Related Information:
Items are still subjected to formal bidding.
Policy Reasoning:
Pre-owned, reconditioned, and demonstrator-type equipment and products may sometimes meet the needs of the University when available at current and fair market prices. Value analysis may also determine that "factory-seconds" products can meet this criterion.
Responsibilities:
Procurement Services shall review such requests, and if they are determined to be in the best interest of the University, with purchase costs(s) reasonable, may issue the authority for purchases under established policies and procedures.
policy
Security Incidents
Official University Administrative Policy
Policy Name:
Security Incidents
Effective Date:
July 23 2007
Policy Number:
ISO 006 v2 0
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
The policy of the University of Louisville is to minimize both the frequency and the severity of information security incidents within the University environment. All users are responsible for and must maintain their university computing/mobile devices and data in as safe a manner as is reasonably possible. In the event of an incident, the standards outlined in this document as well as the related procedures must be followed.
Policy Reasoning:
Compromises in information security can include both electronic and hard copy information. Electronic compromises can potentially occur at every level of computing from an individual's small mobile device to the largest and best-protected systems on campus. Incidents can be accidental incursions or deliberate attempts to break into systems and can range from benign to malicious in purpose or consequence. Regardless, each incident requires careful response at a level commensurate with its potential impact to the security of individuals, sensitive information and the campus as a whole.
The accelerated pace of technological change and concurrent reliance on electronic information systems has greatly increased both the potential exposure of sensitive information to the world at large via electronic means and the motivation of some to exploit computing devices, computing infrastructure and software either for gain or to cause organizational difficulties. Governmental authorities, regulatory bodies and standards organizations have recognized this new reality and responded with laws, regulations and other measures to motivate organizations to take the steps necessary to minimize or prevent information security incidents before they occur.
This environment means that all persons within the University have an active role in preventing security incidents or in minimizing them if they occur.
For the purposes of this policy an "Information Security Incident" is any accidental or malicious act with the potential to:
- Result in misappropriation or inappropriate modification or disclosure of sensitive information;
- Affect the functionality or continuity of information technology including the infrastructure of the University;
- Provide for unauthorized access to university resources or information; or
- Allow university information technology resources to be used to launch attacks against either other internal resources or the resources and information of other individuals or organizations.
Definitions:
Users - Includes students, faculty, staff, administrators and other employees of the University of Louisville and its affiliated entities and any other individual having a computer account, email address or utilizing the computer, network or other information technology services of the University of Louisville.
Sensitive Information - Information of a confidential or proprietary nature and other information that would not be routinely published for unrestricted public access or where disclosure is prohibited by laws, regulations, contractual agreements or University policy. This includes (but is not limited to) full name or first initial and last name and employee ID (in combination), identifiable medical and health records, grades and other enrollment information, credit card, bank account and other personal financial information, social security numbers, grant reviews, dates of birth (when combined with name, address and/or phone numbers), user IDs when combined with a password, etc. Sensitive information does not include personal information of a particular individual which that individual elects to reveal (such as via opt-in or opt-out mechanisms) (see Information Management and Classification Standard).
Responsibilities:
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
Effort Reporting Alignment with Annual Workload Agreements
Effective Date:
December 1 2006
Policy Applicability:
This policy applies to University administrators and faculty
Policy Statement:
Department chairs will ensure that each faculty member's approved FWLA allocation of IBS to the categories of teaching, research, service, and other activities is adequately communicated and modified as necessary to align workload to committed effort. This would include notification to those individuals associated with the preparation of sponsored program proposal budgets and to those who establish the payroll distribution of committed effort to a related speedtype(s).
Faculty will compare their current FWLA allocations of IBS to the effort percentages resulting from the payroll distribution as presented on the University Effort Report. At minimum, this should occur semi-annually when required to certify effort.
The intended result is to ensure that the IBS distributed through payroll to sponsored programs reasonably reflects the effort expended on these projects and that the total allocation of effort on sponsored programs complies with the faculty member's FWLA.
Policy Reasoning:
The purpose of this policy is to establish the requirements necessary to ensure that faculty align their annual workload agreement (FWLA) with the allocation of effort committed to sponsored programs. Actual effort is certified via semi-annual Effort Reports that are produced through the actual distribution of payroll.
The University of Louisville requires each faculty member to present an annual work plan that is endorsed by their department chair for approval by the dean. The approved FWLA identifies the allocation of each faculty member's responsibilities (e.g., teaching, research, service, and other institutional obligations). The FWLA should identify and segregate any compensation and activities not included within the definition of Institutional Base Salary (IBS).
It is incumbent upon each faculty member not to commit effort to funded externally sponsored programs in excess of the allocations identified within the approved FWLA without obtaining prior approval to amend their work plan. This is intended to minimize the risk of committing effort in excess of the percentages of IBS allocated to teaching, research, service, and other activities per the FWLA.
Responsibilities:
Deans and Department Heads will ensure that FWLAs reflect an appropriate allocation of IBS to sponsored programs and other university responsibilities and provide the FWLA and IBS information to those who administer payroll, prepare proposal budgets and assist faculty with effort report certification. Tools such as spreadsheets or a similar mechanism created to track workload, committed effort and payroll distribution for faculty members over a period of time may assist in determining whether a change in the FWLA is required and guard against over committing effort when a sponsored program is awarded.
The OSPA Compliance Core will require semi-annual certified Effort Reports for University employees expending effort on a federally sponsored award during the reporting timeframe.
policy
Pre Award Spending
Official University Administrative Policy
Policy Name:
Pre Award Spending
Effective Date:
July 1 2004
Policy Number:
RES 2 05
Policy Applicability:
This policy applies to the University Community administrators faculty and staff
Policy Statement:
Prior to authorizing work and associated expenditures on an anticipated sponsored program the Principal Investigator or Project Director's supervisor must request that the Office of the Executive Vice President for Research and Innovation (EVPRI) establish a chartfield with associated speedtype.
Related Information:
This policy does not apply to agencies that prohibit pre-award spending. Pre-award spending on federal awards that do allow pre-award spending will be limited to 90 days prior to the actual start date of the award. Neither does this policy change the requirement that no subjects may be enrolled in clinical trials prior to Institutional Review Board (IRB) approval or, if a sponsored clinical trial, a signed agreement. Pre-award expenditures must meet the same guidelines of allowability, allocability and reasonableness as described in 2 CFR 200.
University of Louisville Pre-Award Guarantee Guidelines — Office of Sponsored Programs Administration
Policy Reasoning:
Often a Project Director (PD) or Principal Investigator (PI) wishes to begin a project prior to the award date but rather than requesting a speedtype in advance of the award, expenses are placed on an existing speedtype. This practice significantly increases the number of salary and expense transfers if work begins prior to the formal award notice and/or contract execution. This policy is to assure that costs incurred between beginning the work and formal notification of award or in advance of the award date do not require transfers but are posted originally to the correct speedtype.
Definitions:
Office of the EVPRI - Office of Sponsored Programs Administration (OSPA- Grants Division)
Responsibilities:
Deans, Directors, and Department Heads
Approval of establishing the pre-award Chartfield/speedtype and provision of an unrestricted funding source to guarantee pre-award spending.
Institutional Officials
OSPA representative is responsible for the establishment of new Chartfield/speedtypes.
VIOLATIONS OF THIS POLICY
Transfer of expenditures may not be authorized by the OSPA if no request for pre-award spending has been requested and approved prior to the date of expenditure.
policy
Conflict of Interest
Official University Administrative Policy
Policy Name:
Conflict of Interest
Effective Date:
May 1 1992
Policy Number:
PER 1 03
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
This policy is obsolete. Please see Conflict of interest policies administered by the Conflict of Interest Program.
Related Information:
policy
Discipline
Official University Administrative Policy
Policy Name:
Discipline
Effective Date:
February 3 1993
Policy Number:
PER 5 01
Policy Applicability:
This policy applies to University Administrators and Staff
Policy Statement:
DISCIPLINE (Staff)
The University of Louisville may impose discipline whenever job performance or personal conduct issues need improvement. Effective performance consists of meeting job performance expectations, while maintaining appropriate work-related behaviors.
The university is committed to providing staff employees an opportunity to demonstrate improvement and progressive discipline, when a reasonable person would expect progressive discipline. However, the university reserves the discretion to impose immediate (non-progressive) discipline, as it deems appropriate, for job performance that has a material adverse impact on the department or for unacceptable personal conduct that is disruptive to the work environment or adverse to the university's interests.
Disciplinary Actions
- Disciplinary actions may take the form of (1) a written warning, (2) final written warning or suspension without pay, or (3) reduction in salary, demotion in grade, or termination.
- The specific action taken will depend on the nature of the offense, the circumstances surrounding the offense, and the employee's previous record. In all instances, both for job performance and personal conduct, the university reserves the right to take such action as it deems appropriate, as determined by the employee's disciplinary authority.
- Placing an employee on administrative leave with pay or requiring an employee to use his or her paid leave for any reason does not constitute a disciplinary action.
- Issuing a letter of instruction, a performance improvement plan, or attendance improvement plan (which serves to clarify performance expectations) does not constitute a disciplinary action.
Note Regarding Staff Grievances & Appeals: Oral clarification of expectations, letters of instruction, performance improvement plans, and attendance improvement plans are not disciplinary actions and are not subject to grievance or appeal. Written warnings and suspensions without pay are subject to internal review in accordance with the Grievance Policy (PER 5.03). Reductions in salary, demotions in grade, and terminations are subject to external review in accordance with the Staff Appeal Policy (PER 5.04). See Redbook Section 2.3.2 for Grievances of Administrators.
Issuance and Effective Duration of Disciplinary Actions
- Disciplinary action shall customarily be taken within 15 workdays following the date on which the last alleged infraction that led to the disciplinary action was discovered by the university, unless the university determines that further investigation or review is required to determine an appropriate course of action, provided notice of such investigation or review is conveyed to the employee within the initial 15 workdays. If the university determines that such an investigation or review is necessary, disciplinary action shall customarily be taken within 15 workdays following the completion of the investigation or review. Initiating a disciplinary action beyond the customary 15 workdays requires the prior approval of the Director of Employee Relations & Compliance.
- A written warning shall be of no further effect 12 months after the date of the warning, provided that no additional written warning or other disciplinary action was issued for the employee for any reason during that 12-month period.
- A final written warning and suspension without pay shall be of no further effect after three years, provided that no additional disciplinary action was issued for the employee for the same reason during the three year period.
- A reduction in salary or demotion in grade is a permanent change in the employee's status, as of its effective date.
- Copies of all written disciplinary actions shall be conveyed to Human Resources and made a part of the employee's official personnel record.
DISCIPLINARY STANDARD
The standard for management decision making with respect to imposing discipline or corrective action shall be that management engaged in an appropriate fact-finding process (relevant to the circumstances) prior to making a disciplinary decision and that the decision to impose discipline is reasonable (given the facts known to the manager at the time the decision is rendered).
DISCIPLINARY AUTHORITY
The authority to impose discipline is exercised by the employee's department head or director provided such individual serves at least two levels removed from the employee. Otherwise, the authority is exercised by the next higher level (above the department head or director) in the chain of command or the employee's Executive Vice President (regardless whether the EVP is two levels removed from the employee).
Delegation of Authority & Approval Required
- An employee's 1st line supervisor exercises delegated authority to issue written warnings or place an employee on administrative leave with pay (pending an investigation of alleged wrong doing), without prior approval.
- Prior approval of the employee's 2nd line supervisor shall be required to suspend an employee without pay or to recommend a reduction in salary, demotion in grade, or termination for cause.
- Prior approval of the employee's disciplinary authority, with the concurrence of the Director of Employee Relations and Compliance as to policy compliance, shall be required for a reduction in salary, demotion in grade, or termination for cause.
No Re-hire List
Employees who are terminated for cause under the provisions of this policy may be determined to be ineligible for rehire; provided that the employee receives notice of being determined ineligible for rehire at the time of termination and has the opportunity to respond.
Examples of terminations that could result in a terminated employee being determined to be ineligible for rehire include, but are not limited to: (1) multiple terminations for unsatisfactory job performance or unacceptable personal conduct (including resignations in lieu of termination) or (2) any termination for personal conduct that includes personal dishonesty, falsification, misappropriation of funds, theft, possession or sale of a controlled substance on university premises, violent conduct, harassment, or any other act or omission that in the university's judgment would reasonably preclude re-employment. Employee Relations staff in Human Resources maintain No Rehire lists.
TERMINATION OF ADMINISTRATORS
In termination of the administrative services of any individual serving at the pleasure of the Board, the following rules apply:
- Administrators with faculty rank and faculty with administrative functions retain their position in the faculty in whatever rank and tenure status they hold at the time of their termination as administrators.
- Administrators without faculty rank and with more than fifteen years of service to the University, if terminated in one position, may expect that every effort will be made by the University to provide for their continued service in another position which can make good use of their abilities and previous experience, though not necessarily at the same grade level as they have had in their immediate past position.
- Administrators without faculty rank and with less than fifteen years of service will normally be separated from the University, but a transfer to another function is possible if a suitable arrangement can be worked out.
- Nothing in the above provisions restrains the Board of Trustees from terminating the services of any administrator in any and all capacities in the University if such termination is for cause as defined in Section 4.5.3.A of the Redbook.
Note: This policy does not apply to staff who are under contract with the University of Louisville Athletics Association, Inc.
Related Information:
PROGRESSIVE DISCIPLINE (STAFF)
Progressive discipline consists of a clarification of performance or personal conduct expectations by management; followed by three distinct opportunities for an employee to demonstrate improvement, prior to termination for cause. [Examples provided below]
- Clarification of Expectations, followed by 1st opportunity to improve. Examples of Clarification of Expectations include but are not limited to:
- Oral clarification of expectations.
- Letter of instruction.
- Performance improvement plan.
- Attendance improvement plan.
- Written Warning, followed by 2nd opportunity to improve.
- Final Written Warning or Suspension without Pay, followed by 3rd opportunity to improve.
- Termination for Cause, if progressive discipline has not brought about satisfactory job performance or acceptable work-related behavior, subject to a pre-termination conference (See PROCEDURES section).
- Oral clarification of expectations.
- Letter of instruction.
- Performance improvement plan.
- Attendance improvement plan.
Progressive and immediate discipline for both job performance and personal conduct include (but are not limited to) the examples outlined below and are offered for illustrative purposes only:
Examples where Progressive Discipline
Is Appropriate for Job Performance
Examples where Immediate Discipline
May be Imposed for Job Performance
I. Job Performance (Progressive)
II. Job Performance (Immediate)
I.A. Unsatisfactory job performance (related either to
quality or quantity of work).
II.A. Insubordination.
I.B. Negligence resulting in incidental loss of
productivity or property, but no injury to other persons.
II.B. Gross negligence resulting in material
loss of productivity or property or injury to
other persons.
I.C. Failure to follow university policies & procedures, including college, school, division, or departmental
guidelines or work rules.
II.C. Willful disregard of university policies &
procedures, including college, school,
division, or departmental guidelines or work rules.
Examples where Progressive Discipline
Is Appropriate for Personal Conduct
Examples where Immediate Discipline
May be Imposed for Personal Conduct
III. Personal Conduct (Progressive)
IV. Personal Conduct (Immediate)
III.A. Time and attendance problems; excessive
absences or tardiness, unauthorized absences, or
abuse of sick leave.
IV.A. Walking off the job during an assigned
shift.
III.B. Failure to safeguard university property or funds,
including failure to make timely disposition or report
of loss, with limited adverse impact to the University.
IV.B. Failure to safeguard university property
or funds, including failure to make timely
disposition or report of loss, with significant
adverse impact to the University.
III.C. Inappropriate or unauthorized use of university
property or resources.
IV.C. Use of university property or resources
for personal gain or political advocacy.
III.D. Misuse of information technology resources,
including excessive personal use (even if during
own time).
IV.D. Intentional disruption of university computer
systems, unauthorized alteration, disclosure, or
destruction of university computer systems or
material, improper access to university computer
files and systems. Any pornographic use.
III.E. Presence at work under the influence of drugs
or alcohol, with no loss of property or threat to the
safety of others. Valid for first offense only.
IV.E. Presence at work under the influence of
drugs or alcohol that results in loss of property
or threat to the safety of others. Any multiple
offense under the influence at work. Any
possession, sale, or use of controlled substances
at work.
III.F. Discourteous treatment of other employees,
students, or the public
IV.F. Hostile, offensive, or intimidating behavior
of any kind. Harassment of any kind.
III.G. Negligence in filing complete and accurate
records of hours worked and leave taken.
IV.G. Personal dishonesty of any kind, including
knowingly furnishing false, misleading, or incomplete
information or reports to the university.
III.H. Unauthorized (but unintentional) release of
confidential information. Failure to safeguard
confidential information.
IV.H. Intentional release or any personal use
of confidential information in an employee's
custody because of his/her job.
IV.I. Theft of university property, embezzlement,
or intentional misuse of procurement cards,
regardless of amount.
IV.J. Failure to maintain credentials required
to perform the work of the position.
IV.K. Willful abuse of work time; excessive or
unauthorized breaks, surfing the web, or
willfully sleeping on the job during work hours
IV.L. Personal conduct of any kind that is
disruptive to the work environment or which
is adverse to the interests of the University.
IV.M. Violation of local, state, or federal law.
IV.N. Intentional acts or failures to act in
the workplace or in the scope of employment
that contribute to the harm of or the
unacceptable risk of harm to individuals
or property.
IV.O. Any act or omission that in the
university's judgment is deemed to be
adverse to the interests of the University.
Policy Reasoning:
The university promotes a culture where staff employees and supervisors may engage in constructive conversations regarding job performance or work-related conduct with a shared objective of improving unsatisfactory job performance or correcting unacceptable work-related behaviors. The goal of progressive discipline is to promote improved job performance or to correct unacceptable personal conduct.
Definitions:
Official University Administrative Policy
Policy Name:
Employee Assistance Program
Effective Date:
May 1 1992
Policy Number:
PER 1 19
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
PROGRAM GOAL STATEMENT
The objective of the Faculty/Staff Employee Assistance Program is to reduce problems in the workforce and to retain valued employees. We recognize that problems of a personal nature can have an adverse effect on an individual's job performance. It is also recognized that personal problems can be dealt with most successfully when identified early and referred to appropriate care. Responsibility for the resolution of personal problems that may affect performance rests with the individual. The Employee Assistance Program (EAP), however, provides assistance through special arrangements with an outside counseling resource. The program deals with the broad range of human problems such as emotional/behavioral, family and marital, alcohol and/or drug, financial, legal, and other personal problems.
All levels of management should be aware of this resource and encourage faculty and staff with performance problems to use this resource when appropriate to assist in resolving performance problems related to personal problems.
The program provides problem assessment, some short-term counseling, and referral through an independent, private service provider agency under contract to the university. Costs for services of this provider are covered by the university. Costs of other services including those provided on a referral basis by others which are not covered by insurance or other benefits, are the responsibility of the faculty or staff member.
Related Information:
PROGRAM GUIDELINES
The guidelines for the use of this program are as follows:
A. The program is available to all permanent faculty, staff, and administrators of the university no matter what their rank, job title or responsibilities. The program is also available on a self-referral basis. The individual should contact the service provider under contract to the university.
B. A faculty or staff member's participation in the program will not adversely affect promotion, disciplinary, or performance decisions of the university.
C. All records and discussions of personal problems will be handled in a confidential manner. These records will be kept by the designated counseling resource and will not become a part of the faculty's, staff's, or administrator's personnel file.
D. Individuals with performance problems are to be encouraged to seek assistance from the service provider to determine if personal problems are contributing to the unsatisfactory performance. If performance problems are corrected, no further action will be taken. If performance problems persist, the individual will be subject to normal corrective procedures, regardless of program participation or non-participation.
E. Absences due to participation in the Employee Assistance Program are to be handled in accordance with established personnel policies pertaining to the use of annual and sick leave, personal time, and leaves of absence.
F. This program does not alter or replace existing administrative policy or contractual agreements, but serves to assist in their utilization. The university expressly reserves the right to cancel this program at any time.
CURRENT SERVICE PROVIDER
The current service provider under contract with the university to assist permanent faculty and staff is Anthem EAP, which can be reached at 1-800-865-1044 or AnthemEAP.com.
policy
Viewpoint Neutrality
Official University Administrative Policy
Policy Name:
Viewpoint Neutrality
Effective Date:
June 26 2025
Policy Applicability:
This policy applies to all members of the University community including but not limited to members of the Board of Trustees administrators faculty staff and students
Policy Statement:
As provided in Section 2.5.1 of the University Redbook, The University of Louisville Board of Trustees affirms the belief that "Membership in the academic community imposes on students, faculty, staff, administrators, and trustees of the University an obligation to adhere to standards of academic honesty, to respect the dignity of others, to acknowledge their right to express differing opinions, and to foster and defend intellectual honesty, freedom of inquiry and instruction, and free expression both on and off the campus." (UofL Redbook Sec. 2.5.1)
The University of Louisville does not discriminate on the basis of an individual's political or social viewpoint. Moreover, the University supports and promotes intellectual diversity within the University. No individual shall be required to endorse or condemn a specific ideology, political viewpoint, or social viewpoint to be eligible for hiring, contract renewal, tenure, promotion, admission, or graduation.
Members of the University community will not require any individual to support, condone, or condemn a specific ideology or viewpoint as a condition or factor of admission hiring, promotion, contract renewal, appointment, tenure award, or graduation. The University specifically prohibits discrimination on the basis of an individual's political or social viewpoint and/or the application of any ideological or political litmus test in student admissions decisions, employment decisions, promotion decisions, academic evaluations, appointment considerations, or degree conferrals.
Authority for Official University Statements and Positions
Official University Statements
Only the President has the authority and responsibility to issue Official Statements and communicate official positions on behalf of the University. The President may designate this authority in writing to specific individuals for narrowly defined purposes, occasions, and circumstances. All Official Statements and Positions must adhere to University neutrality standards and shall be expressly limited to matters directly related to the University's mission, operational objectives, or legal obligations.
Board of Trustees Statements and Communications
The Chair of the University of Louisville Board of Trustees has the sole authority and responsibility to speak and/or issue statements on behalf of the Board of Trustees. The Board and the Board Chair shall adhere to the principle of Institutional Neutrality and shall not make any Official University Statement on political, social, or cultural matters that are not directly related to the University's mission, operational objectives, or legal obligations.
University Constituency Groups
Nothing in this policy shall be construed to constrict the ability of the Student Government Association, the Staff Senate, and the Faculty Senate, as core University stakeholders and essential participants in shared governance, to pass resolutions or otherwise represent their constituencies as long as they communicate that they are speaking for their specific constituency group and not on behalf of the University.
Free Speech and Personal Expression
Nothing in this policy is intended to impede the members of the University community in the exercise of their rights to free speech and the provisions of this policy should be interpreted consistent with the Campus Free Speech Protection Act, KRS 164.348, particularly as it relates to the rights of students. Subject to the guidelines of this policy, members of the University community have the freedom to participate in public service, political activity, and advocacy work in their private time and in their individual capacity.
Any expression made by a member of the University community as a private individual shall not give the impression of or purport to represent the University or any of its schools, units, departments, or affiliated organizations. Members of the University community shall observe the following guidelines in any public expression of their views as a private individual:
- University e-mail accounts, social media accounts, or web addresses will not be used when issuing statements in a private capacity.
- The University marks, logos, name, or associated images will not accompany private messages.
- University web sites, signature lines, stationary, e-mail accounts, social media accounts, or web addresses shall not reference a private site, account, initiative, organization, or logo.
- University logos, backdrops, signature lines, or stationary shall not be used for statements made in a private capacity.
- When speaking at professional or academic meeting or conference, members of the University community shall clearly note that they are speaking in an individual capacity and do not represent the University.
Political Activity
While the University of Louisville fully respects the right and responsibility of University faculty, staff, and administrators to engage as private citizens in the political process on the local, state, and national level, the University prohibits the use of University resources or property to support or oppose a particular candidate or ballot initiative.
Examples of Impermissible use of University resources or property include, but are not limited to:
- Engaging in political activities on University property during regular University business hours or at official, University-sponsored events
- Engaging in political activity in an official capacity or when conducting instructional responsibilities
- Sending campaign correspondence using University stationary, computer, or electronic mail systems
- Using a University e-mail distribution list to campaign for or against a particular candidate, political party, or ballot initiative
- Using University equipment to create, copy, or distribute material to support or oppose a particular candidate, political party, or ballot initiative
- Using a University office, building, telephone, computer, e-mail address, web-conferencing service account, or meeting space to support or oppose a particular candidate, political party, or ballot initiative
- Unless specifically authorized by the University President, giving the appearance of speaking or campaigning on behalf of the University when supporting or opposing a particular political candidate, political party, or ballot initiative.
Academic Freedom
This policy upholds and respects the University's commitment to academic freedom. Nothing in this policy shall be construed to constrict academic inquiry, classroom discussion, academic research, or academic debate within an appropriate educational or instructional context.
This policy shall be published in the University REDBOOK, student handbook, and faculty handbook and shall also be displayed on a prominent, publicly accessible page of the University's website.
REMEDIES AND ENFORCEMENT
Allegations of non-compliance with this Policy should be submitted to the University's Integrity and Compliance Office for appropriate routing and review.
Persons found to have violated the provisions set forth in this policy will be subject to disciplinary action and penalties as set forth in applicable University of Louisville Policies, including University HR Policies, the Faculty Accountability Policy, and the Code of Student Conduct. These penalties may include, but are not limited to, suspension, demotion, termination, or in the case of students, dismissal.
Related Information:
Definitions:
Institutional Neutrality
The University's commitment to refrain from taking an official position on political, cultural, or social matters that are not directly related to the University's mission, operational objectives, or legal obligations.
Official University Statement or Position
Any formal press release, resolution, social medial post, e-mail message, or public communication issued on behalf of the University of Louisville that purports to or gives the impression of representing the University or its Board of Trustees on any matter.
Political Activity
Supporting or opposing any partisan political party, candidate, ballot initiative, or activity. This definition includes campaign activity in favor of any candidate for local, state, or national office, including oneself. For purposes of this policy, this definition shall not include promoting or opposing a candidate for Student Government, Faculty Senate, Staff Senate, or the University Board of Trustees. This definition shall not include activities authorized and initiated by the Office for External Relations.
University Property
Any real or personal property owned in which the University has a legal interest; any property, leased, or in any way controlled by the University.
University Resources
Any tangible or intangible University property, including, but not limited to, equipment, materials, supplies, devices, printers, copiers, software, licensing agreements, or human resources.
policy
HIPAA Privacy Policy
Official University Administrative Policy
Policy Name:
HIPAA Privacy Policy
Effective Date:
July 1 2015
Policy Number:
HPR 1 01
Policy Applicability:
This policy applies to University Employees administrators faculty and staff
Policy Statement:
The colleges, schools, departments, and administrative business units of the University that have been designated to be within the Health Care Component of the University's Hybrid Covered Entity are required to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) by:
- Adhering to the University of Louisville HIPAA Policy Manual (available on the Privacy Office website). Members of the Health Care Component may develop HIPAA privacy policies and procedures specific to the University area involved, provided that the policies and procedures are at least as stringent as the University of Louisville HIPAA Policy Manual.
- Ensuring that all Workforce members of the Health Care Component know and understand the University of Louisville HIPAA Policy Manual, as well as the Health Care Component's policies and procedures, as applicable, and where to access them.
- Ensuring that appropriate online and area-specific training are provided to all Workforce members who may have access to Protected Health Information.
Related Information:
- HIPAA Privacy Regulations and Guidance, U.S. Department of Health and Human Services website: http://www.hhs.gov/ocr/privacy/index.html.
- Privacy Office website: http://louisville.edu/privacy.
- University Policy and Procedure Templates: http://louisville.edu/policies/policy-resources.
Policy Reasoning:
The colleges, schools, departments, and administrative business units of the University that have been designated to be within the Health Care Component of the University of Louisville's Hybrid Covered Entity are responsible for complying with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Such compliance promotes a culture that adheres to the requirements of the regulations and values and protects the privacy of the Protected Health Information within its possession.
Definitions:
Covered Entity means:
- A health plan.
- A health care clearinghouse.
- A health care provider who transmits any health information in electronic form in connection with a transaction covered by HIPAA.
Hybrid Covered Entity means:
A single legal entity that is a Covered Entity whose business activities include both HIPAA covered and non-covered functions. The entity is permitted to place areas which engage in activities regulated under HIPAA into a health care component. The areas inside the health care component must follow HIPAA regulations; however, the areas which are outside the health care component are not bound by HIPAA regulations. The current designated health care component can be found on the Privacy Office website at http://louisville.edu/privacy.
Protected Health Information means:
All "individually identifiable health information" held or transmitted by a Covered Entity or its business associate, in any form or media, whether electronic, paper, or oral.
"Individually identifiable health information" is information, including demographic data, that relates to:
•The individual's past, present or future physical or mental health or condition;
•The provision of health care to the individual; or
•The past, present, or future payment for the provision of health care to the individual, and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual.
Protected Health Information excludes individually identifiable health information:
- Covered by the Family Educational Rights and Privacy Act, as amended (20 U.S.C. l 232g);
- In employment records held by a Covered Entity in its role as employer; and
- Regarding a person who has been deceased for more than 50 years.
Workforce means:
Employees, volunteers, trainees, and other persons whose conduct, in the performance of work for a Covered Entity or Business Associate, is under the direct control of such Covered Entity or Business Associate, whether or not they are paid by the Covered Entity or Business Associate. For purposes of this definition, the University includes students as part of its Workforce.
policy
International Travel
Official University Administrative Policy
Policy Name:
International Travel
Effective Date:
August 10 2021
Policy Applicability:
This policy applies to University of Louisville employees administrators faculty and staff students and other persons traveling internationally on University of Louisville business
Policy Statement:
The University of Louisville (University) is committed to the health and safety of individuals traveling abroad for University educational or business purposes. The University requires all employees, students, and other persons traveling internationally on its behalf to comply with the conditions outlined in this policy.
All employees, students, and other persons traveling on University business are required to receive the Provost's Office approval prior to departure. All employee travel requests, with complete itinerary, should be submitted in UofL's Travel Registry no less than twenty (20) working days prior to departure. Instructions to complete a travel request can be found on the Faculty & Staff International Travel webpage. Student non-credit travel should be submitted in UofL Travel Registry no less than twenty (20) working days prior to departure. Student credit-bearing travel should be entered in the Office of Education Abroad Cardinals Abroad Portal. Once approved, a traveler will receive approval via email with travel insurance information.
The grid below identifies the correct portal and current travel restrictions based on Department of State (DOS) Travel Advisories.
Type of Travel
Registration Portal
DOS Level 1
DOS Level 2
DOS Level 3
DOS Level 4
Student (non-credit)
Travel Registry
Routinely Approved
Routinely Approved
Risk Mitigation Statement Required for Provost's Approval
Prohibited
Student (credit-bearing)
Cardinals Abroad Portal
Routinely Approved
Routinely Approved
Risk Mitigation Statement Required for Provost's Approval
Prohibited
Employees (Administrators, Faculty, & Staff)
Travel Registry
Routinely Approved
Routinely Approved
Risk Mitigation Statement Required for Provost's Approval
Risk Mitigation Statement Required for Provost's
Consideration
Other Persons
Travel Registry
Routinely Approved
Routinely Approved
Risk Mitigation Statement Required for Provost's Approval
Prohibited
DOS Travel Advisories
Level 1 - Exercise Normal Precautions
Level 2 - Exercised Increased Precautions
Level 3 - Reconsider Travel*
Level 4 - Do Not Travel*
*Countries with DOS Level 3 and Level 4 Travel Advisories require the completion of a Risk Mitigation Statement in the Travel Registry.
Travelers who do not receive Provost's Office approval prior to departure may not be reimbursed for any out-of-pocket expenses incurred.
No student, employee, or other person traveling shall be required to participate in an international activity under University auspices.
Securing University Devices and Data
Any person traveling internationally on behalf of the University who intends to take University devices or data or access such information while abroad must adhere to Information Technology Services (ITS) and the Office of Research Integrity's (ORI) requirements and review the University's Information Security policies on how to safeguard the University devices and data. Questions regarding the information security policies may be directed to isopol@louisville.edu. Technical questions should be directed to the ITS Helpdesk or your Tier 1.
Any person who intends to travel with or gain access to University research data while abroad shall comply with ORI Clean Laptop Program procedures.
Traveling to Office of Foreign Assets Control (OFAC) Sanctioned Countries
When traveling to countries on the Office of Foreign Assets Control's (OFAC) Sanctions List, employees must receive approval from the Office of Research Integrity. The employee or student must contact the ORI to obtain appropriate government licenses, complete necessary forms or agreements, and complete required training prior to approval for travel being granted.
Policy Compliance
Failure to comply with this policy will result in individuals not receiving approval for international travel, will result in the University not approving reimbursement requests related to such travel, may result in increased personal and financial risks to the individual traveling, and may result in individuals being subject to disciplinary action in accordance with University policy.
Interim Policies Necessitated by Extraordinary Circumstances
In any situation involving a Travel Advisory, Travel Health Notice or Travel Health Warning (the special conditions that caused the advisory, notice, or warning to be issued) may warrant additional or different University interim policies and precautions. In such a case, the Executive Vice President and University Provost has the authority to establish such interim policies and precautions in consultation with University officials as deemed appropriate under the circumstances. In the case of any conflicts between the interim policies and precautions and this policy, the interim policies and precautions will take precedence over this policy.
Related Information:
UofL Controller's Travel Policy
Policy Reasoning:
The University of Louisville supports and encourages its employees and students to participate in international travel activities and promotes opportunities for international study and research. The purpose of this policy is to protect students, employees, and other persons traveling abroad on University of Louisville business and to reduce risks associated with international travel.
policy
Vehicle Purchase
Official University Administrative Policy
Policy Name:
Vehicle Purchase
Policy Number:
PUR 18 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The purchase of either a new or replacement vehicle shall have approval from the Vice President for Finance/CFO before the purchases of any such vehicle may proceed.
All vehicles (new and used) purchased by the university must be flex fuel compatible to meet Department of Energy requirements. Exceptions include: emergency response vehicles, vehicles over 8500 GTW, and grounds equipment.
All vehicle titles must list the University of Louisville as the owner. All purchases made in foreign countries will require contacting their titling agency to assure the vehicle can be titled to the university.
Policy Reasoning:
All purchases of vehicles shall be in compliance with KRS 45A.
Official University Administrative Policy
Policy Name:
Establishment and Review of Centers and Institutes
Effective Date:
May 5 2025
Policy Applicability:
This policy applies to all University of Louisville units and individuals with responsibility for managing establishing and or approving an organizational structure identified with the terms Center or Institute or that otherwise functions in such a manner to meet the criteria as set forth in this policy This policy does not apply to entities defined as Administrative Centers This policy is intended to work in conjunction with the Service Center Policy Transfer of F and A Costs Recovery Indirect Funds Policy and Endowment and Similar Funds Management Policy
Policy Statement:
Delegated Authority
The Executive Vice President and University Provost (Provost), the Executive Vice President for Research and Innovation (EVPRI), and the Executive Vice President for Health Affairs (EVPHA) are hereby designated as the University administrators responsible for managing the approval and review processes for all Centers and Institutes at the University and for establishing the regulations and procedures to which such Centers and Institutes must comply.
These three individuals serve as the Centers and Institutes Executive Council with delegated authority to collectively recommend Centers and Institutes to the BOT Academic and Student Affairs Committee for approval, closure, or other actions related to the operation of a Center or Institute at the University. Furthermore, the Centers and Institutes Executive Council has delegated authority for establishing the regulations and procedures to which all Centers and Institutes governed by this policy must comply to remain in operation, which includes the funding mechanisms available to support the operations of Centers and Institutes. Actions of the Centers and Institutes Executive Council must be unanimous. If a unanimous decision cannot be made, the matter will be decided by the University President.
The Centers and Institutes Executive Council has sole and final authority for determining the processes they utilize to make their recommendations to the BOT Academic and Student Affairs Committee regarding the approval and continued operation of Centers and Institutes. The Provost will appoint a representative from the Office of Academic Planning and Accountability (OAPA) to serve as an ex officio member of the Centers and Institutes Executive Council. The ex officio representative from OAPA will be responsible for administering all procedures for the establishment, review, and closure of Centers and Institutes as set forth by the Centers and Institutes Executive Council.
Covered Entities
This policy specifically governs University Research Institutes, University Research Centers, and University Community Engagement Centers as defined by this policy. Organizations meeting these definitions as set forth in this document, whether they utilize "Center" or "Institute" in their organizational name or not, must be approved by the BOT Academic and Student Affairs Committee, according to the BOT By-Laws. Additionally, the Centers and Institutes Executive Council must provide their recommendation for the BOT Academic and Student Affairs Committee's consideration. The Centers and Institutes Executive Council has sole and final delegated authority from the BOT for determining whether an organizational structure at the University qualifies as a University Research Institute, University Research Center, or University Community Engagement Center under this policy.
Generally, newly established organizational entities should not utilize "Center" or "Institute" in their name unless they meet the definition of a Center or Institute as defined by this policy. If a newly established organization uses "Center" or "Institute" in its name, it will be subject to the requirements and criteria outlined in this policy and the review process outlined in the associated procedures. If the organization is designated an Administrative Service Center under this policy, the organization must receive approval from the senior administrator of the Headquartering Unit and the Centers and Institutes Executive Council to use the name "Center" or "Institute."
Operational Requirements
All Centers and Institutes designated under this policy must comply with the following requirements. The Centers and Institutes Executive Council may grant exceptions to these requirements.
1. Industry and Government Sponsored Programs
a. The Office of Research and Innovation supports the EVPRI who acts as the primary institutional administrator for industry and government-sponsored programs.
2. Academic Programs
a. Centers and Institutes cannot house and/or offer academic programs, nor award official academic credentials. All University issued academic credentials must be conferred by the BOT upon a recommendation by the faculty of the academic departments in compliance with The Redbook, Section 3.3.2.
3. Advisory Boards
a. University Research Institutes are required to have an advisory board.
b. Unless required by an external funding agency and pre-approved by the Centers and Institutes Executive Council, all advisory boards are non-governing and designed to expand the expertise and societal engagement of the Center or Institute.
c. Advisory boards are appointed by the director and approved by the Centers and Institutes Executive Council upon a recommendation from the senior administrator of the Headquartering Unit.
4. Supervision and Appointment of Director
a. The Centers and Institutes Executive Council must approve the appointment, removal, and other personnel-related actions of all directors of Centers and Institutes upon a non-binding recommendation from the senior administrator of the Headquartering Unit. Such actions shall be conducted in accordance with applicable University policies and procedures.
b. All directors report to the senior administrator or designee of the Headquartering Unit with an indirect reporting line (i.e., dotted line) to the Provost, who consults with other members of the Centers and Institutes Executive Council if the Provost determines an individual needs to be removed from their directorship or otherwise have a change in status in their role with the Center or Institute.
c. Unless an exception is granted, the director of a Center or Institute must be one of the following:
i. Tenured or tenure-track faculty member,
ii. Long-standing term faculty member with five (5) or more years of service to UofL, or
iii. Staff member with five (5) or more years of service to UofL.
Exceptions must be approved by the senior administrator of the Headquartering Unit, the academic dean of the unit in which the faculty/staff member is employed if not from the same unit in which the Center or Institute is Headquartered, and the Center and Institute Executive Council.
5. Centers and Institutes By-Laws
a. All Centers and Institutes must have a set of By-Laws approved by the Centers and Institutes Executive Council and the Headquartering Unit. These By-Laws must address the following:
i. Definitions for core and affiliated faculty with minimum expectations of faculty effort for each category.
ii. Minimum number of faculty for a Center or Institute to remain operational.
iii. Processes for contributing to core and affiliated faculty evaluations, appointments, and other personnel actions not governed directly by the academic unit's personnel policies.
iv. Processes for Center or Institute decision-making and enfranchisement of core and affiliated faculty and staff not governed by the academic unit's By-Laws.
b. Academic and administrative units may establish By-Laws to address the requirements in 5.a for all Centers and Institutes Headquartered in the unit.
c. Centers and Institutes By-Laws may not contradict Headquartering Units' Personnel Policies or By-Laws or the UofL Redbook.
6. Center or Institute-Funded Faculty and Staff Effort
a. Centers and Institutes may have staff, faculty, and post-doctoral students dedicated to their operation. These individuals' employment may be contingent upon the continued operation of the Center or Institute. Any personnel-related matters shall be conducted in accordance with applicable University policies and procedures. These individuals should expend effort toward the operation of the Center or Institute commensurate with the percentage of funding for their positions from the Center or Institute's budget. If they are faculty, such effort should be reflected in their AWP. For any personnel not supported with Center or Institute funding, the senior administrator funding the individual's position must provide a letter of commitment, and the appointment must be approved by the Centers and Institutes Executive Council.
7. Centers and Institutes Closure Requirements
a. Centers or Institutes that are closing must file an official closure of operations plan. The closure of operations plan must address how to utilize any remaining endowment or similar funds in compliance with the Endowment and Similar Funds Management Policy. Additionally, the closure of operations plan must include a transition plan for any Center or Institute funded faculty and staff, as defined by this policy. This personnel transition plan may include a reduction in force plan in accordance with the Reduction-In-Force (RIF) Policy, as necessary.
b. The closure of operations plan must be approved by the Centers and Institutes Executive Council after first being reviewed by the senior administrator of the Headquartering Unit and the Centers and Institutes Approval and Review Committee. The senior administrator of the Headquartering Unit and the Centers and Institutes Approval and Review Committee provide the Centers and Institutes Executive Council with a non-binding recommendation to ensure minimal institutional impact due to the closure. The Centers and Institutes Executive Council has sole authority to approve the plan. The Centers and Institutes Executive Council recommends the Center or Institute for closure to the BOT, which must approve any closures.
Related Information:
Centers and Institutes Establishment, Review, and Closure Procedures: https://louisville.edu/policies/policies-and-procedures/pageholder/pro-establishment-review-and-closure-of-centers-and-institutes-procedures
Centers and Institutes Guidelines:
The University of Louisville Board of Trustees By-Laws: https://louisville.edu/president/boards/board-of-trustees/governance/bylaws
Service Center Policy: https://louisville.edu/policies/policies-and-procedures/pageholder/pol-service-center
Transfer of F and A Costs Recovery (Indirect) Funds Policy: https://louisville.edu/policies/policies-and-procedures/pageholder/pol-transfer-of-f-and-a-costs-recovery-indirect-funds
Endowment and Similar Funds Management Policy: https://louisville.edu/policies/policies-and-procedures/pageholder/pol-endowment-and-similar-funds-management
Reduction-in-Force (RIF) Policy: https://louisville.edu/policies/policies-and-procedures/pageholder/pol-reduction-in-force-rif
Policy Reasoning:
The University of Louisville (the "University") Board of Trustees' (BOT) By-Laws state that the BOT Academic and Student Affairs Committee "shall consider all recommendations for academic centers, institutes, degree granting programs and other academic entities" (BOT By-Laws, p. 7). The University recognizes the importance of organizational structures specifically identified as Centers and Institutes to fulfill the University's research and service mission. Furthermore, given the public prominence of these organizational structures as well as the funding and resource mechanisms available to them, the University aims to clarify the types of organizational structures that require approval and regular review under these provisions of the By-Laws. Finally, this policy clearly delegates authority to the appropriate University administrators to manage the approval and review of Centers and Institutes and to establish and revise operational procedures and guidelines for such entities.
Definitions:
Center or Institute: An organization meeting the definition of a University Research Institute, University Research Center, or a University Community Engagement Center as defined by this policy, regardless of whether "Center" or "Institute" is used in the organizational name.
University Research Institute: An organizational structure designed to provide research spanning disciplinary boundaries. They may house multiple University Research Centers and/or extend over more than one unit based upon mission-alignment. While they are Headquartered in an academic/administrative home unit, they have a separate budget and multiple funding sources with most of their funding originating from external sources. They are distinguished from University Research Centers by their intended longevity, resource commitment, funding sources, size, and scope. University Research Institutes have substantial infrastructure, dedicated administrative and technical staff, considerable commitments of faculty time, and long-standing areas of research.
University Research Center: An organizational structure providing research that may span disciplinary boundaries. Their research is generally more limited in scope and more narrowly tailored to specific themes or topics than a University Research Institute. While they are Headquartered in an academic/administrative unit, they have a separate budget and multiple funding sources, and they generally have funding originating from external sources. They may have professional staff, but this is generally less substantial than a University Research Institute, and the staff's time may be apportioned between several organizational entities. University Research Centers must have commitments of faculty time and a demonstrable reason (e.g., access to funding, public awareness, etc.) to exist as a separate entity from their Headquartering Unit and/or home department.
University Community Engagement Center: An organizational structure that provides expertise and specific services to the Louisville Metropolitan area, the Commonwealth of Kentucky, the global community, and/or individuals outside of the University. They may also have a research component, but that is not their primary functional purpose unless that research is being performed as a service for the community. They may serve the dual purpose of providing critical services to the community while acting as a learning laboratory for students to utilize the skills they acquire in the classroom. They have a separate budget, and a portion of their funding originates from external sources (e.g., service fees, grants, endowments, etc.). University Community Engagement Centers must have a demonstrable reason (e.g., access to funding, public awareness, etc.) to exist as a separate entity from their Headquartering Unit and/or home department.
Administrative Center: An organizational structure that provides an administrative service to the University to fulfill mission-critical functions. These organizational structures may be termed "Center," but they operate in an analogous manner to a "department," "office," "division," or other nomenclature identifying a discrete portion of the University's organization. Their primary purpose is not to conduct research activities or provide services to the community outside of the University. Such services may tangentially be provided by Administrative Centers, but they are not core to their mission. Administrative Centers do not require BOT approval and are established, governed, managed, and primarily funded in the same manner as "departments," "offices," "divisions," or other organizational structures within the University. This policy does not apply to Administrative Centers, except for the limits upon naming conventions.
Headquartering Unit: The academic and/or administrative unit in which a Center or Institute is housed. Centers and Institutes must identify a primary academic or administrative unit to act as the Headquartering Unit. While reporting structures may vary internally within an academic or administrative unit, all Centers and Institutes must ultimately report through the most senior University administrator of the academic or administrative Headquartering Unit.
Core Faculty: Faculty that expend substantial effort for a long-term planned commitment of multiple years that are engaged in the following types of activities to successfully operate the Center or Institute:
- Participate in the leadership and governance of the Center or Institute.
- Participate in the day-to-day activities of the Center or Institute including the development of conferences or workshops, maintenance of websites, organization of meetings, preparation of newsletters, and all other aspects of Center or Institute operations.
- Lead strategic planning to set the vision, mission, goals, measurable objectives, appropriately aligned measures, and targets of achievement.
- Oversee or coordinate the development of internal policies and managerial, financial, and administrative systems.
- Participate in preparing the Annual Assessment Report and the 5-year self-study that is required as part of the 5-year Comprehensive Review.
- Represent the Center or Institute externally to funders, the press, and at scholarly conferences, meetings, and/or workshops.
- Conduct collaborative research that aligns directly with the Center or Institute mission.
- Engage in outreach activities that align directly with the Center or Institute mission.
- Identify and pursue opportunities for multi-disciplinary collaboration.
- Seek external funding sources for the Center or Institute.
- Establish partnerships with organizations outside of the University (e.g., government, community organizations, professional associations. etc.) that align and further the mission of the Center or Institute.
Affiliate Faculty: Faculty that generally expend less effort than core faculty for a more limited timeframe that are engaged in the following types of activities to successfully operate the Center or Institute:
- Attend and participate in center or institute-hosted activities (e.g., annual meetings, conferences, colloquia, etc.).
- Participate in collaborative research, instructional activities, or outreach events with center or institute faculty.
- Contribute relevant information for center or institute communications such as newsletters, listservs, the Center or Institute website, and annual assessments.
Responsibilities:
The Executive Vice President and University Provost, Executive Vice President for Research and Innovation, and Executive Vice President for Health Affairs (i.e., Centers and Institutes Executive Council) are responsible for managing, interpreting, and enforcing this policy.
The Office of Academic Planning and Accountability (OAPA) is responsible for administering this policy and coordinating the approval and review procedures established by the Centers and Institutes Executive Council.
policy
Intellectual Property
Official University Administrative Policy
Policy Name:
Intellectual Property
Effective Date:
July 1 2005
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
1. INTRODUCTION
In the course of conducting their normal scholarly activities, University faculty, staff, other employees, and students add to the storehouse of knowledge. The University should disseminate such knowledge for the public good. The University should further protect the interests of the people of the Commonwealth of Kentucky through a due recovery by the University of its investment in research. Accordingly, income that may result from this activity should be used to assist the University and its employees by furthering their academic roles, as required by law and University policy. The University and the ULRF acknowledge that they do not hold ownership rights in every act of creation of the University Community.
2. WHAT IS COVERED
a. General Rule. Except as provided in Section 2.b., the University of Louisville Research Foundation, Inc., hereinafter referred to as ULRF, will hold all Legal Rights to all Intellectual Property conceived, first used (in the case of a trademark or service mark), or reduced to practice, discovered, or created, by any employee of the University, during his/her employment by the University. The University may also hold Legal Rights to Intellectual Property conceived, first used or reduced to practice, discovered, or created, by any student at the University as outlined in Section 3.b. of this Policy. To ensure that the University is aware of all such Intellectual Property, all those persons covered by this Policy are required to disclose to the University any Intellectual Property, except those Traditional Works as defined in Section 2.b.iii. When in doubt about whether or not Intellectual property may, in a reasonable opinion, have commercial value, the Creator should complete a Research Disclosure Form and consult with the Office of Technology Transferv about any commercial potential. Such disclosure shall occur either simultaneously with or prior to public disclosure. ULRF will hold all rights to such Intellectual Property that is not covered by an exception as described in section 2.b. below on behalf of the University, operating in compliance with policies stated herein. Prior patentable Intellectual Property or any other rights to prior Intellectual Property held by faculty, staff, other employees, or students are excluded from this Policy. Prior patentable Intellectual Property should be identified by the Creator and acknowledged by the University in writing at the time of appointment or enrollment.
b. Exceptions. Not withstanding Section 2.a., the University or ULRF will not hold any ownership rights in Intellectual Property to the extent that:
i. Federal or state law provides that some party other than the University holds one or more of such rights;
ii. The Intellectual Property related to same was produced both outside the scope of the faculty or staff member's employment or Research, and without significant use of Specialized Resources;
iii. The Intellectual Property related to same is a Traditional Work, unless the Traditional Work was specifically commissioned by the University (productivity measures as agreed to in a work plan - books, articles, paintings, etc. - unless specifically commissioned by the University, are exempt);
- If a Creator is unsure if a specific Traditional Work may contain Intellectual Property that would not be exempted under the terms of this Policy, they may submit and mark a Research Disclosure Form as such and request an expedited review to reach a determination as such. Within 30 days of receipt, a written response shall be provided stating whether or not the Traditional Work also contains Intellectual Property that is required to be disclosed under the Policy.
iv. The Intellectual Property was produced by gratis faculty, unless the Intellectual Property was produced utilizing Specialized Resources or personnel of the University.
In the above situations 2.b.ii., 2.b.iii., and 2.b.iv. the work shall be deemed the property of the Creator and may be registered for legal protection and/or commercialized by the Creator at the Creator's expense. A letter stating such shall be provided by the Office of Technology Transfer as per Section 6.b.2. below.
c. Public Domain Preference. The Creator, or Creators acting collectively when there are more than one, is free to place an invention in the public domain for non-commercial, academic dissemination purposes if that would be in the best interest of technology transfer, and if doing so is not in violation of the terms of any agreements that supported or governed the work. The University will not assert intellectual property rights when Creators have placed their inventions in the public domain, but the University does expect that the Intellectual Property be disclosed along with the Creator's request that they be allowed to disseminate the Intellectual property by placing it in the public domain.
3. WHO IS COVERED
a. Faculty and Staff. All faculty, staff, and other employees of the University, including those on sabbatical leave and on leave with pay, and part-time, gratis, and visiting faculty and staff, are subject to the provisions of this Policy. The ULRF shall also have legal interest in any Intellectual Property created or discovered by faculty, staff, or other employees while on leave without pay if they have used Specialized Resources, University funds, facilities, or materials. However, faculty, staff, and other employees while engaged in University- approved private consulting activities or authorized outside employment are excluded unless such activities include the substantial use of University facilities or Specialized Resources.
b. Students. Students who independently create Intellectual Property arising out of their participation in programs of study at the University, and that do not result from their employment by the University, will retain the legal rights thereto. Intellectual Property created by students through the use of Specialized Resources or in connection with their employment by the University is owned by the ULRF.
c. Other Cases. Any Intellectual Property or exceptional Research results created under an exception to or outside of the University Ownership provisions of this Policy may be (but is not required to be) submitted to the Office of Technology Transfer in a Research Disclosure Form and processed through the ordinary Research Disclosure procedure as provided in this policy; provided, however, that one or more Creator(s) must have some relationship to the University (whether it be through employment, enrollment, honorary or alumni status).
4. AUTHORITY
a. Senior Vice President for Research.i The overall responsibility for application of this Policy is vested in the Senior Vice President for Research. This will include operations at the University level and management of activities of the ULRF as related to Intellectual Property matters. The Senior Vice President for Research shall designate a Technology Directoriiwho will be responsible for the administration of the operation of an Office of Technology Transfer under this Policy. The Senior Vice President for Research is authorized, subject to the University's contract policy, to obtain the services of suitable attorneys and Intellectual Property management agencies and to enter into other types of contracts for development of the Intellectual Property.
b. Signature Authority. Unless otherwise designated in writing by the Senior Vice President for Research, signature authority for subjects covered by this Policy shall rest solely in the Senior Vice President for Research or in designated officers of the Office of Technology Transfer.
5. OVERSIGHT OF POLICY
a. Intellectual Property Committee.The Senior Vice President for Research of the University shall appoint an Intellectual Property Committee ("Committee") consisting of nine members. The Senior Vice President for Research or designee shall serve as Chairperson. Members shall consist of an officer or designee of the ULRF, a Trustee of the University, and six others (four faculty members, one staff member, and one professional/graduate student member). The faculty, staff, and student members shall be appointed for staggered three-year terms but shall continue as members until their successors are appointed. Two of the faculty members shall be selected by the Senior Vice President for Research from a list of at least four candidates provided by the Faculty Senate. Any member shall cease to be eligible for membership and shall cease to serve the Committee upon termination of his or her respective relationship with the University or the ULRF. The Committee may consult with others as it sees fit; however, the University Counsel or his or her designee shall act as legal counsel to the Committee. All members of the Committee shall execute confidentiality agreements to ensure that all information concerning Intellectual Property that is disclosed to the Committee is held confidential until protected or made public.
a. The Chairperson shall convene a special meeting of the Committee within twenty (20) days upon written request from any two or more Committee members to discuss matters related to this Policy.
b. Duties.The Committee shall:
- Periodically review for the President of the University all activities of the Technology Director and shall issue an annual report to the President on its activities and the status of the University's Intellectual Property holdings;
- Review and evaluate procedures to encourage the development and commercialization of the University's Intellectual Property;
- Review this policy every five years for necessary revision; and
- Review disputes between the Creator or appeals by faculty, staff, other employees, or students subject to this Policy and recommend resolution. The Committee shall convene a meeting within thirty (30) days of receipt of a dispute or appeal and shall recommend resolution to the Senior Vice President for Research within sixty (60) days thereafter.
6. PROCESS OF DISCLOSURE
a. Research Disclosure Form.iii Whenever a University faculty, staff, other employee, or student, operating under the scope of this Policy, creates Intellectual Property or obtains exceptional Research results that (in a reasonable opinion) may have commercial value and do not fall within the scope of the exception of this Policy Section 2.b.iii., the Creator shall notify the Technology Director in writing via an official Research Disclosure Form.
i. If the Creator believes that the content of the Research Disclosure Form falls within one of the exceptions of Section 2.b.i., 2.b.ii. or 2.b.iv.., the Creator shall mark the Research Disclosure Form as such and request an expedited review.
ii. The Creator shall make available originals or copies of all documents and designs, including logs or research workbooks, as requested, that are necessary to support the value and scope of the Intellectual Property.
iii. Moreover, the Creator shall assist the ULRF in obtaining and maintaining legal protection by disclosing essential information, signing applications and other necessary documents and assigning any rights to technology to ULRF provided, however, that the ULRF shall reimburse the Creator for any out-of-pocket expenses incurred by providing such assistance.
b. Written Response. The Technology Director or designee shall provide a written communication to the Creator with notification of the date of receipt of the Research Disclosure Form, and evaluate the merits of the Intellectual Property and the equities involved. The Technology Director or designee will advise the Creator within one-hundred and twenty (120) days following receipt of the disclosed Intellectual Property and requested supportive documentation as to whether or not the University will retain interest or ownership in said property.
i. NOTICE TO CREATOR
- In the case of a regular Research Disclosure Form submission, the Technology Director or designee shall provide written notice to the Creator of a decision on or before the expiration of one-hundred and twenty (120) calendar days. The decision shall convey one of three alternatives:
a. ELECTED. If the Technology Director or designee finds potential commercial value in the Research Disclosure, they will notify the Creator that the University has "ELECTED to Retain Title" and will move forward with marketing of the Research Disclosure. The Office of Technology Transfer will apprise the Creator, in writing, of all marketing and development activities the University has undertaken with respect to their Research Disclosure every six months. If the Creator is unsatisfied, they may appeal to the Intellectual Property Committee for a release of the invention as described in the Research Disclosure.
b. PENDING. The University encourages full disclosure as early as possible in the development process. If the invention is not yet fully developed, the Technology Director or designee shall provide feedback and place the Research Disclosure in a "PENDING" status until further developments are disclosed. When a Research Disclosure is placed in PENDING status, the Office of Technology Transfer shall work with the Creator to define what steps need to be taken to ready the Research Disclosure for re- evaluation. Once such steps are undertaken and new information is provided, the Office of Technology Transfer shall re-activate the file and treat it as a new Research Disclosure.
c. NON-ELECTED. If the Technology Director or designee finds there is not enough potential commercial value in the Research Disclosure to warrant further University investment in statutory intellectual property protection or marketing, they will notify the Creator that the University has "Not Elected to Retain Title" and will either release title to the Federal Sponsor if so required, or offer to release title to the Creator upon receipt of their formal written request. - In the case of an expedited Research Disclosure Form submission which the Creator believes falls within the scope of one of the exceptions under Section 2.b. of this policy, the Technology Director or designee shall evaluate such claim and provide a written response (and a formal disclaimer of any right to the Intellectual Property if they find the Creator's claim valid) within thirty (30) days of receipt of the Research Disclosure Form. Note that the Creator is welcome to elect to utilize the standard Research Disclosure process and have the Office of Technology Transfer handle the management of the Intellectual Property even if it does fall under one of the Section 2.b. exceptions.
ii. NOTICE TO CHAIRS AND DEANS
- The Technology Director shall also notify the chairperson of the Creator's department and the appropriate dean or vice president: Creator's department and the appropriate dean or vice president:
a. At the time of Research Disclosure that the disclosure of Intellectual Property has been made; and
b. At the time of NOTICE TO CREATOR by providing a copy of such NOTICE and the decision therein conveyed.
iii. The Technology Director may reasonably extend the deadline if further examination of the Intellectual Property or additional information is required. Such extension shall be provided to the Creator in writing within 120 calendar days of receipt of the Research Disclosure Form.
c. Release of Intellectual Property. If (i) the ULRF elects to release some or all ownership rights to Creator, or (ii) written notice of the Technology Director's decision is not given to the Creator upon the expiration of the one-hundred and twenty (120) calendar day period following receipt of the disclosure or the new deadline, the Creator shall be free, subject to law and prior agreements, to proceed independently only with respect to the specific Intellectual Property disclosed.
7. DEVELOPMENT OF TECHNOLOGY
a. Development Methods. Upon ELECTION of Intellectual Property, the Technology Director shall make every reasonable effort to develop the Intellectual Property. Costs for such development may be covered by grant (when allowable), departmental or central administration funds.
Development options include, but are not limited to:
i. Evaluating and processing the Intellectual Property through a patent application, or copyright registration filed by ULRF;
ii. Assigning the Intellectual Property to a patent management firm for evaluation and processing;
iii. Assigning or licensing to a commercial firm; and
iv. Negotiating and recommending equity positions with company(s) willing to commercialize the Intellectual Property.
v. If the decision not to invest central administration funds is made, but the central administration in conjunction with other parts of the University believes strongly in development of the Intellectual Property, the Office of Technology Transfer will work with the Creator and their College, Unit and or Department to identify alternate available University resources. If such resources are identified, the Office of Technology Transfer may also offer an option to the Creator by which the ULRF will retain ownership and provide expertise to process the Intellectual Property if the financial costs of such activity are partially or totally underwritten by non-central University funds.
b. University Name. Any use of the University's name in connection with commercialization of an Intellectual Property by Creator or other licensee(s) shall be approved in advance by the University.
8. DISTRIBUTION OF EQUITIES
a. Royalties and Other Income. All royalties and other income arising from Intellectual Property in which the Legal Rights are owned by the ULRF shall be administered by the Senior Vice President for Research on behalf of the ULRF in such a manner as it may be determined, provided that, unless otherwise agreed, no less than fifty percent (50%) of the first $25,000 of total net proceeds (total income less expenses directly related to obtaining rights and royalties from such property) shall be paid or assigned to the Creator as income. The remainder shall be maintained and administered by the ULRF for payment of expenses in administering this Policy, for the advancement of Technology Transfer for institutional, academic and research purposes, and for any other activities necessitating monies for the development and execution of this Policy. After the $25,000.00 of total net proceeds threshold is reached, a 5% overhead fee will be applied to the net proceeds received, with no less than fifty percent (50%) of the remainder paid or assigned to the creator as income.
i. In the case of multiple Creators, the Creators shall list what they believe to be the appropriate percentage contributions of each Creator at the time a Research Disclosure Form is submitted. If the Creators cannot reach an agreement among themselves, the Intellectual Property Committee shall meet to evaluate the claims of all Creators and render a binding decision. The Intellectual Property Committee may rely on testimony from the Creator's Deans and Department Heads in so doing, but is not required to do so.
b. Equity Interest. If the ULRF receives an Equity Interest as part of the provisions of a license or option agreement, the Creator shall have two options, and shall choose between the two options within ten (10) calendar days of notification that an Equity interest is being taken by ULRF;
i. ULRF shall hold such Equity Interest in its entirety. When and if the sale of an Equity Interest generates proceeds, the proceeds shall be distributed as Royalties and other Income under Section 8.a. of this Policy.
ii. ULRF shall determine what portion of the Equity Interest would belong to the Creator, and shall instruct the Licensee to assign such Equity Interest directly to the Creator at the time the Equity Interest is to be conveyed by the Licensee to ULRF.
c. Scholarship Accounts. If the Creator elects to have any portion of his/her income derived from Intellectual Property deposited in a University account for scholarship, the Senior Vice President for Research will match the amount deposited, in concert with matching from the Department and College shares, on a one-to-one basis up to a maximum match of no more than one-hundred and fifty thousand ($150,000.00) dollars per year. Creator shall be responsible for coordinating such scholarship donations through the University Development Office, and shall be required to provide notice to the Office of Technology Transfer within 30 days of such donation in order to request matching. If the Creator elects to receive the personal income directly, there will be no matching.
9. INTELLECTUAL PROPERTY FROM SPONSORED RESEARCH PROGRAMS
To the extent possible, the disposition, ownership, and control of Intellectual Property resulting from externally sponsored research shall be agreed upon in the original agreements with the sponsor. These agreements so far as possible shall be in the interest of the Creator and of the University or ULRF, with particular reference to the unacceptability of undue restriction or delay of publication. If a specific provision relating to Intellectual Property exists in a government or research contract with the University or ULRF and such provision is accepted by the University or ULRF, this Policy will be inapplicable to Intellectual Property made under such contracts only insofar as this Policy is inconsistent with said contract.
10. TRANSFER OF PHYSICAL RESEARCH PRODUCTS
a. Transfer Out. The transfer of any physical products resulting from University research OUT to any entity outside the University community (including businesses, not-for-profit foundations, hospitals, or other universities), shall be accomplished through the Office of Technology Transfer using the formal procedure for MATERIAL TRANSFERS OUT, which shall be posted on the Office of Technology Transfer website at http://thinker.louisville.edu.
b. Transfer In. The transfer of any physical products to be used for research IN to the University from any entity outside the University community (including businesses, not-for-profit foundations, hospitals, or other universities) and which requires an agreement or letter to be signed to facilitate such transfer, shall be accomplished using the formal procedure for MATERIAL TRANSFERS IN, which shall be posted on the Office of Technology Transfer website at http://thinker.louisville.edu.
11. COMPLIANCE
As a condition of employment or matriculation, all faculty, staff, other employees, and students of the University agree to comply with the policies of the University and shall sign an agreement that they have received this policy. A copy of this Policy shall be available, electronically and in printed form, for all faculty, staff, other employees, and students. On request, a set of guidelines for reporting Intellectual Property will be made available to any faculty, staff, other employees, or student by the Technology Director.
12. CONSULTING AGREEMENTS
a. Individual Responsibility. It is the responsibility of individual members of the University community to ensure that the terms of their consulting agreements with third parties do not conflict with this Policy or any of their other commitments to the University. Each individual should 1) make the nature of their obligations to the University clear to any third party for whom the individual expects to consult and 2) should inform such third parties that the University does have a formal Intellectual Property Policy, and further inform third parties that such Policy is available online at http://thinker.louisville.edu. More specifically, the scope of any consulting services should be expressly distinguished from the scope of research commitments at the University, and should not utilize any University facilities or resources without first negotiating appropriate compensation for such use with the University (and any applicable University-sanctioned Private Practice Group arrangements). In the case of conflict between requested consulting and University research commitments, individuals should work with the Office of Industry Contractsiv to establish an appropriate Sponsored Research Agreement.
b. Individual Negotiation. The University will not negotiate any consulting agreements on behalf of any faculty, student or staff member; however, any questions regarding this Policy by either individual members of the University community or third parties may be directed to the Office of Technology Transfer.
13. OTHER PROVISIONS
a. Governance. The provisions of this Policy shall govern all Intellectual Property by faculty, staff, other employees, or students of the University; provided, however, that any specific Intellectual Property which has been disclosed prior to the effective date of this Policy will be governed by the provisions of the applicable prior Policy of the University in effect at the time of the disclosure of the Intellectual Property.
b. Redbook. Reference to the necessity of agreement to this Policy by new faculty, staff, other employees, and by matriculating students shall be included in the Redbook and in the general catalogue of the University.
c. Interpretation. Each definition and term in this Policy includes the singular and the plural as applicable, and reference to the neuter gender includes the masculine and feminine where appropriate. References to any statutes or regulations mean such statutes or regulations as amended at the time of interpretation and include any successor legislation or regulations. Any words that are not defined within this Agreement shall have their ordinary dictionary meaning.
d. Discussion Appendix. Appendix 1 Contains a series of questions and answers designed to clarify anticipated questions concerning the Policy. These are intended to be exemplary only and severable.
______________________________________
i References in the policy to Senior Vice President for Research are now Executive Vice President for Research and Innovation
ii References in the policy to the Technology Director are now the Director of Technology Transfer
iii Link for the Research Disclosure Form: https://louisville.edu/research/epi-center/innovations/research-disclosure-form-12-04-2014-word (DOC)
iv References in the policy to the Office of Industry Contracts are now Office of Industry Engagement
v References in the policy to the Office of Technology Transfer are now Commercialization EPI-Center
Policy Reasoning:
In the course of conducting their normal scholarly activities, University faculty, staff, other employees, and students add to the storehouse of knowledge. The University should disseminate such knowledge for the public good. The University should further protect the interests of the people of the Commonwealth of Kentucky through a due recovery by the University of its investment in research. Accordingly, income that may result from this activity should be used to assist the University and its employees by furthering their academic roles, as required by law and University policy. The University and the ULRF acknowledge that they do not hold ownership rights in every act of creation of the University Community.
Definitions:
- Creator - Refers to the inventor of inventions (including know-how and other technological things listed in 14.c.), the author of a copyrightable work, or the originator of a creative work. Terms of art used in this section have the same meaning given under federal copyright, trademark and patent laws. Faculty and staff should recognize that students working with them on research projects or other creative activities might also be creators under U.S. law.
- ELECTED (to Retain Title) - Means the ULRF has determined that it is in the best interests of the University to retain ownership of the Intellectual Property described in a Research Disclosure Form. Subsequent actions by the ULRF may or may not involve statutory protection of the Intellectual Property rights, such as filing for patent protection, registering the copyright and/or trademark, or securing plant variety certification.
- Intellectual Property - The term Intellectual Property as used herein is broadly defined to include any inventions, know-how and show-how (to the extent they relate to an invention or work otherwise covered by a policy), research material, copyrightable works fixed in any tangible medium of expression (including electronic), computer software, compilations, collective works, original data and other creative or artistic works which may have commercial value. It also expressly encompasses: 1) new and useful processes, and 2) the physical embodiments of intellectual effort, for example; models, machines, devices, designs, apparatus, instrumentation, circuits, computer programs and visualizations, biological materials, chemicals, other compositions of matter, plants, and records of research. Intellectual Property includes, but is not limited to, that which is protectable by statute or legislation, such as patents, copyrights, trademarks, service marks, trade secrets, mask works, and plant variety protection certificates. In general, the mission of the University of Louisville is to disseminate the results of research and discoveries. Therefore, the University acknowledges that there will be few, if any, situations in which trade secret rights will exist.
- Research - Research is broadly construed as creative expression, studious inquiry, examination, investigation or experimentation aimed at the discovery and interpretation of facts, revision of accepted theories or laws in the light of new facts, or practical application of such new or revised theories or laws and applies equally to scholarly and creative activities across all disciplines.
- Research Disclosure Form - The official mechanism for disclosure of Intellectual Property (including exceptional Research results which may have commercial potential) shall be through the most current University of Louisville approved Research Disclosure Form, which shall be made available online at http://thinker.louisville.edu, or provided in hard copy form by submission of a written request to the Office of Technology Transfer.
- Specialized Resources - Refers to all resources, tangible or intangible, owned or under the control of the University, except for (i) resources such as library facilities (that are generally available without charge to the general public), (ii) general office equipment and technology resources (made available for the use of the faculty, staff, other employee, student or that person's department), such as copiers, office space, personal computers, computer accounts, software, and online services made available to most faculty, staff, other employees and students.
- Traditional Works - Includes creative works and research materials that are educational, scholarly, artistic, musical, sculptural, or literary works. Examples include: books, articles, class notes, theses, dissertations, manuscripts, poems, films, videotapes, digital and analog recordings, musical works, dramatic works including any accompanying music, pantomimes and choreographic works, pictorial, graphic and sculptural works, works as outlined in an annual work plan, and other works of the artistic imagination or the kind that are not created as a result of a specific employment assignment or are specifically commissioned by the University. (The term "literary" has its ordinary dictionary definition, not the broader definition set out in the Copyright Act.) As defined herein, status as a Traditional Work will not be affected by the tangible medium in which it appears.
- University - Refers to the University proper, the University of Louisville Research Foundation, Inc., and to all affiliated corporations or organizations controlled by the University or governed by the members of the University Board of Trustees.
- University of Louisville Research Foundation, Inc. (ULRF) - An affiliated corporation of the University of Louisville.
Official University Administrative Policy
Policy Name:
Naming of University Physical Space Endowed Funds and Academic Units
Effective Date:
June 22 2023
Policy Applicability:
This policy applies to naming proposals related to the University of Louisville University of Louisville Research Foundation and the University of Louisville Athletics Association
Policy Statement:
The University of Louisville requires all naming proposals (including re-naming and the removal of names) of university physical spaces, endowed funds, and academic units related to philanthropic contributions to comply with the required approvals, criteria, and the procedures outlined in this policy. The full naming procedures are provided in the Procedures section of this policy.
REQUIRED APPROVALS
All naming proposals must first be approved by the Vice President for University Advancement with the endorsement of the vice president whose area is impacted. The Vice President for University Advancement, in consultation with the University President, shall initiate the process for decisions on naming proposals. All proposed contribution levels for naming physical spaces must be routed through the appropriate dean, the Executive Vice President and University Provost, and the Vice President for University Advancement before naming proposals and/or gift levels have been discussed with prospective donors.
The Vice President for University Advancement shall advance the following naming proposals to the University Naming Committee:
- Gifts of $500,000 or higher;
- Renaming opportunities;
- Naming removal request; and
- Naming opportunities related to prominent public spaces, those with heavy usage, or those linked to significant university traditions.
The University Naming Committee replaces the University Advisory Committee on Designations and Awards. This committee is to make decisions regarding the naming of physical spaces, endowed funds, and academic units. The President will designate university stakeholders to serve on this committee, which must include a representative from the Faculty Senate, the Staff Senate, and the Student Government Association, appointed pursuant to their respective by-laws, and a representative from the Board of Trustees (ex-officio and non-voting) appointed pursuant to its by-laws.
For naming proposals that require the Board of Trustees approval, the University Naming Committee will provide a recommendation to the President, who will bring the proposal to the Board of Trustees. The following proposals related to naming require approval by the Board of Trustees:
- Gifts of $1 million or higher;
- Gifts of $100,000 to $999,999 if the nameable space is considered a prominent public space, meaning having high visibility, heavy usage, or linked to significant university traditions; and
- Whenever the President otherwise deems it to be in the best interest of the university to request approval by the Board of Trustees.
Naming decisions related to UofL Health will be determined by UofL Health, in collaboration with the CEO of UofL Health, the Vice President for University Advancement, and the University President.
NAMING CRITERIA
The criteria below details gift types for which naming proposals may arise, as well as minimum funding levels for each type of proposal. Minimum funding levels are subject to change in accordance with the endowment policies of the University of Louisville Foundation and to the extent required by the Board of Trustees.
All philanthropic gifts associated with naming proposals must be accompanied by a charitable gift agreement signed by the donor, the University of Louisville, and the University of Louisville Foundation. Additionally, those charitable gift agreements associated with the naming of UofL Health facilities, departments, programs, or health specialties shall require the signature of the UofL Health CEO.
Corporate or other organization names may be used to name a physical space, endowed position, or academic unit. As with individuals honored with a name at the university, corporations or organizations with a naming proposal should have a positive image and demonstrated integrity. In the instance of corporate or organizational naming proposals, additional due diligence should be taken to avoid any appearance of commercial influence or conflict of interest. Signage reflecting a corporate or organizational name that is displayed on university property must conform to all applicable university policies and guidelines.
Recommended names must comply with the following criteria to be considered for naming or renaming physical spaces, endowed funds, or academic units:
1) There are no conflicts with other names on the particular campus.
2) The name does not call into question the public respect of the university.
3) Acceptance of the name does not imply the university's endorsement of a partisan political or ideological position or of a commercial product.
1) Naming Physical Spaces
The Vice President for University Advancement, in collaboration with the University Naming Committee, will recommend what percentage of a gift must be fulfilled prior to the commencement of construction or renovation of a particular physical space. The committee, when determining required minimum gift amount for naming physical space construction or renovation, may consider:
1) Costs of sufficient maintenance and operations of the physical space.
2) Costs of previous construction, as appropriate.
3) Amount needed to begin construction or renovation.
All costs associated with naming a physical space, including signage materials, shall be covered by the donor as part of the naming gift.
a) New Facilities and Campuses
If a building is to be constructed entirely through private funds, the naming proposal requires a minimum gift amount of 50 percent of the total construction costs of the building. If a building is to be funded through a combination of private funds and other funding sources, the minimum gift amount of the naming proposal must equal 50 percent of the private fundraising goal and no less than 20 percent of the total construction costs of the building.
b) Existing Facilities, Spaces, Monuments, and Campuses
Proposals to name existing unnamed physical spaces, portions of physical spaces, or renovations to physical spaces shall be presented to the Vice President for University Advancement. Proposals to name existing physical spaces in need of renovation may be named with a minimum gift amount of 50 percent of the cost of renovation of the particular physical space.
2) Naming Endowed Funds
Naming endowed funds (positions, scholarships, fellowships/assistantships, awards, etc.) shall require a minimum gift as outlined below and are subject to the requirements outlined in the policy statement above.
A named endowed position will not follow a person to any other institution, organization, or college or institute within the University of Louisville. Named endowed positions will be transferred to subsequent faculty or administrators, or left vacant, in collaboration with the relevant dean and the provost.
a) Named Endowed Deanships: This philanthropic support will provide deans additional resources to meet special needs or implement certain priorities of their college or unit. Once an endowed dean has been named, all successors will be accorded this title. With Provost approval, funds can support compensation, research, valuable learning opportunities, and/or the expansion of academic programs. Minimum level: $5 million.
b) Named Endowed Directorships and Department Chairs: This philanthropic support will assist in the recruitment and retention of exceptional scholars by providing dedicated resources for innovative research and teaching. Endowed positions may also provide a flexible resource to meet the special needs and priorities of an academic department. Once an endowed department chair or director has been named, all successors shall be accorded this title. With Dean approval, funds can support compensation, research, valuable learning opportunities, and/or the expansion of academic programs. Minimum level: $3 million.
c) Named Endowed Faculty Chairs: This philanthropic support will enable the most distinguished faculty members to excel in their academic discipline by providing dedicated resources for innovative research and teaching opportunities. With Dean approval, funds can support compensation, research, valuable learning opportunities, and/or the expansion of academic programs. Minimum level: $2 million.
d) Named Endowed Professorships: This philanthropic support will enable faculty members, particularly early career faculty, to excel in their activities by providing dedicated resources for innovative research and teaching opportunities. With Dean approval, funds can support compensation, research, valuable learning opportunities, and/or the expansion of academic programs. Minimum level: $1 million.
e) Named Endowed Staff Positions: With relevant Vice President or Dean approval, this philanthropic support will provide compensation support for strategic staff positions. Minimum level: $1 million.
f) Named Endowed Visiting Professorships: With Dean approval, this philanthropic support will provide compensation support for outstanding visiting faculty for a specified duration. Minimum level: $500,000.
g) Named Endowed Scholarships, Fellowships/Assistantships, and Awards/Funds: Donors have opportunities to support existing endowed scholarships, fellowships/assistantships, or awards/funds, or they may choose to establish a new endowed opportunity. The minimum amount for all named endowments is $25,000 (subject to changes by the minimum endowment policies of the University of Louisville Foundation and to the extent required by the Board of Trustees). Minimum level: $25,000.
h) Named Endowed Faculty Research or Teaching Fellowships: This philanthropic support will establish an endowed research or teaching fellowship to recognize the leadership potential of talented faculty and encourage professional growth by providing funding to pursue new ideas, creative research projects, or innovative teaching. Minimum level: $300,000.
i) Named Endowed Graduate Fellowships: This philanthropic support will establish graduate fellowships to help UofL recruit and retain the highest-achieving, creative, and innovative advanced-degree candidates. Typically covering tuition, stipend, and/or basic living expenses, including health care benefits, fellowships ensure graduate students remain focused on their studies rather than the cost of education. Minimum level: $100,000.
j) Named Endowed Lectureships: This philanthropic support will provide an opportunity to engage and educate community members, current students, alumni, and friends of the university through the appearances of national and global experts on campus. Minimum level: $100,000.
k) Named Endowed Student Scholarships: This philanthropic support will establish named endowed scholarships and offer donors the opportunity to create scholarships and establish criteria for recipients. Minimum level: $25,000.
l) Named Other Endowed Funds: This philanthropic support will establish named endowed funds used to support students, faculty/staff, research, program support, or faculty/staff recognition. Minimum level: $25,000.
3) Naming Academic Units
The naming of academic units (departments, centers, colleges, schools, and institutes) may contribute significantly to the defraying operating costs, etc. of the particular academic unit, while enhancing student enrollment, student retention, research, and/or other revenue-generating activities. These naming opportunities are non-physical only and do not include the physical spaces in which these academic units are housed. Gift amounts may vary by academic unit. Proposals should be submitted to the Vice President for University Advancement following consultation with the vice president for the relevant area. The Vice President for Advancement will present the proposal to the University Naming Committee.
4) Planned or Deferred Gifts
The conditions for conferring a naming on the basis of a planned or deferred gift commitment may vary based on factors such as the kind of physical space or academic unit which is proposed to be named and when the naming is proposed to be conferred.
a) Funding Level
Minimum funding level requirements may increase over time. Naming opportunities made on the basis of deferred gifts (e.g., bequests) will be conferred only if the gift meets the minimum funding level requirements when the gift is realized. All deferred gifts and affiliated naming opportunities shall be outlined in a charitable gift agreement that is fully executed by all required signatures.
b) Requirements for Deferred Commitments
Present-day naming opportunities may be reserved and named based on a gift commitment that defers payment (i.e., with a will commitment or deferred-gift vehicle) to a date more than five years from the agreement date only when the following conditions apply:
i) The donor appropriately documents that their commitment is irrevocable and that current cash flow considerations are not an issue for the requested naming;
ii) Actuarial and financial calculations indicate the net present value of the donor's commitment will be no less than if an outright gift in the full amount of the naming value were received on the date of the gift commitment; and
iii) The Vice President for University Advancement, in consultation with the University President and the Executive Director/Chief Operating Officer of the University of Louisville Foundation, when applicable, determines whether the conditions of the gift are beneficial to the university.
5) Duration of Names
a) The duration of a donor's name on any physical space, named endowed fund, or academic unit continues for as long as it is used in the same manner or for the same purpose for which the naming has occurred. Upon demolition (of a physical space), replacement (including of equipment), substantial renovation, redesignation of purpose or similar modification of a named physical space, endowed fund, or academic unit, the University Naming Committee may deem that the naming period has concluded.
i) The appropriate university representative will make all reasonable efforts to inform the original donors or their surviving family members in advance of when the naming period is deemed to have concluded.
ii) In the event a physical space, endowed fund, or academic unit is named after a corporation or organization that changes its name, the university may deem that the naming period has concluded, subject to terms of the charitable gift agreement.
b) The duration of a name on a named endowed fund continues as long as is stated in the charitable gift agreement.
c) In some instances, most often involving a corporate donor, a naming may be granted for a pre-determined term, usually 3-5 years, as outlined in the charitable gift agreement.
d) If the donor's naming period has concluded, the named physical space, endowed fund, or academic unit may be renamed, with the original name removed. Appropriate acknowledgement of previous names may be made, including, for instance, a plaque in or adjacent to new and renovated physical spaces, at the discretion of the university.
e) If a donor or honoree requests a change to the name of a physical space, endowed fund, or academic unit, the university will consider the request. If approved, all replacement signage and other related costs shall be at the donor's expense.
f) In certain circumstances when continuation of the name may compromise the public trust or reputation of the university, the university has the sole discretion to revoke and terminate its obligations regarding a naming, with no financial responsibility for returning any received contributions to the benefactor. These actions, and the circumstances that prompt them, may apply to an approved naming that has not yet been acted upon or to a conferred naming.
i) If the donor fails to maintain payments under a charitable gift agreement, including an unrealized bequest, upon which the naming was bestowed, the naming may be revoked.
ii) If a planned gift upon which the naming was bestowed does not result in the value agreed upon, the naming may be revoked.
Policy Reasoning:
This policy provides criteria and procedures for university advancement proposals that honor donors with opportunities to name physical spaces, endowed funds, and academic units. Physical space naming opportunities include buildings, landmarks, interior spaces (hallways, lobbies, portions of buildings, etc.) as well as exterior spaces (lawns, courtyards, etc.). Endowed fund naming opportunities include endowed positions, scholarships, fellowships/assistantships, awards/recognitions, etc. Academic unit naming opportunities include departments, colleges, schools, centers, and institutes.
In collaboration with the Office of the President, University of Louisville Foundation, Board of Trustees, and other relevant parties, University Advancement has established this policy to ensure that naming opportunities appropriately reflect or enhance the university's image and reputation; maintain the university's mission and vision; meaningfully and appropriately honor, recognize, and thank donors; and provide a level of consistency and transparency among colleges, campuses, and university peer groups related to naming standards.
Responsibilities:
The Office of University Advancement is responsible for the implementation of this policy. The University of Louisville Board of Trustees and employees are responsible for following this policy and associated procedures.
Official University Administrative Policy
Policy Name:
Combating Antisemitism
Effective Date:
January 1 2026
Policy Applicability:
This policy applies to University Administrators Faculty Staff and Students
Policy Statement:
The University is committed to maintaining a community that provides everyone with equal access to the learning and working environment. Therefore, the University prohibits all forms of bias, discrimination, and harassment, including Antisemitism. All such complaints will be investigated by the Office of Legal Compliance and Investigations in accordance with the existing University policy on Bias, Discrimination, and Harassment.
Nothing in this policy shall be construed to apply to or affect any rights secured by the First Amendment of the United States Constitution or Section 1 of the Constitution of Kentucky; the religious freedom of faculty, students, and student organizations; publications and the freedom of expression of student newspapers and University press; the activities, funding (except for organizations found to have materially supported designated terrorist organizations), conduct, speech, and freedom of association of student-led organizations; or the conduct or speech of students acting in their individual capacities.
Related Information:
Reports of Bias, Discrimination, and Harassment Policy https://louisville.edu/policies/policies-and-procedures/pageholder/pol-reports-of-bias-discrimination-and-harassment
Viewpoint Neutrality Policy https://louisville.edu/policies/policies-and-procedures/pageholder/pol-viewpoint-neutrality
Senate Joint Resolution 55 (SJR 55) https://apps.legislature.ky.gov/law/acts/25RS/documents/0157.pdf
KRS 344.450 Civil remedies for injunction and damages https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32648
KRS 164.348 Campus free speech protection https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49294
Policy Reasoning:
As legally mandated by 2025 Regular Session Senate Joint Resolution 55 (SJR 55), the University of Louisville (University) establishes this policy to combat Antisemitism, protect the right of all individuals to access the institution's programs and activities, and foster a safe and welcoming environment for our entire campus community that is free from bias, discrimination, and harassment.
This policy supplements, and does not supersede, the University's existing anti-discrimination policies and practices. All individuals will receive equal protection under federal and state laws and University policies.
Definitions:
Antisemitism: For the purposes of informing and guiding this policy, the University adopts the working definition of "Antisemitism" as established by the International Holocaust Remembrance Alliance (IHRA) and recognized by the Kentucky General Assembly in 2021 Regular Session Senate Resolution 67. The IHRA definition is:
"Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions, and religious facilities."
The University will use this definition as a guiding resource for training, education, and identifying antisemitic intent or incidents of bias, discrimination, or harassment.
The University shall not interpret or apply the IHRA definition in a manner that prohibits speech or expression that is protected by the First Amendment to the United States Constitution or Section 1 of the Constitution of Kentucky.
Responsibilities:
The Office of the Dean of Students is responsible for notifying all enrolled students in writing of the rights and laws referenced in this policy.
The Office of Legal Compliance and Investigations is responsible for investigating complaints of Antisemitism in accordance with the policy and procedures of reports of Bias, Discrimination, and Harassment.
The University Integrity and Compliance Office is responsible for ensuring reports of non-compliance with this policy are appropriately investigated and for collecting and maintaining data required under this policy.
Official University Administrative Policy
Policy Name:
Subrecipient Monitoring and Management
Effective Date:
July 1 2020
Policy Number:
RES 2 07
Policy Applicability:
This policy applies to University Employees Administrators Faculty and Staff
Policy Statement:
The University of Louisville (University) is committed to administering Sponsored Programs and Subawards in full compliance with the Uniform Guidance 2 CFR 200, State regulations/requirements, and in full alignment with University policy.
This policy sets forth conditions for review, approval and monitoring of Subrecipients on Sponsored Programs administered by the University and University of Louisville Research Foundation, Inc (ULRF). This policy applies to all Subawards issued under Sponsored Programs awarded to the University, without regard to the primary source of funding. This policy outlines the institutional responsibilities and assists Principal Investigators (PIs), financial business staff and administrators in ensuring programmatic and fiscal compliance with the established Terms and Conditions of the Subaward, achievement of performance goals, and compliance with applicable federal laws and regulations.
Related Information:
2 CFR §200.331 to §200.333 - Subrecipient Monitoring and Management
2 CFR §200.501 - Audit Requirements
Policy Reasoning:
This policy has been developed to meet the requirements set forth in the Uniform Guidance 2 CFR §200.331 to §200.333 pertaining to Subrecipient Monitoring and Management.
It is the responsibility of the University of Louisville, as a Pass-Through Entity, to monitor the programmatic and financial activities of the Subrecipient to ensure compliance with federal statutes, regulations, and with the Terms and Conditions of the Subaward agreement. The University of Louisville is also required to perform a risk assessment of the Subrecipient for the purpose of determining the appropriate level of Subrecipient Monitoring, and to verify that the Subrecipient is audited as required by Subpart F of the Uniform Guidance.
Failure to adequately monitor the compliance of the Subrecipient may result in reputational damage to the University, jeopardize current and future funding, or subject the University to return of funding, fines, penalties or other legal liability.
This policy does not apply to Professional Service Costs or to the procurement of services from Contractors.
Definitions:
Award: A binding legal agreement between an external sponsor and the University to support research, instruction, training, service, or other scholarly activities with set terms and conditions.
Contract: (2 CFR §200.22) A binding legal instrument by which a non-federal entity purchases property or services needed to carry out the project or program under a federal Award. The term as used in this policy does not include a binding legal instrument, even if the non-federal entity considers it a Contract, when the substance of the transaction meets the definition of a federal Award or Subaward.
Contractor: (2 CFR §200.23) An entity that receives a Contract. Typically, a Contractor is a vendor, dealer, distributor, merchant or other seller providing goods or services (i.e., a procurement relationship) that are required for the conduct of an Award.
Pass-Through Entity (PTE): (2 CFR §200.74) A non-federal entity that issues a Subaward to a Subrecipient to carry out part of a federal (or non-federal) program.
Professional Service Costs: (2 CFR §200.459) Professional and consultant services rendered by persons who are members of a particular profession or possess a special skill and who are not officers or employees of the contractor. Examples include those services acquired by contractors or subcontractors in order to enhance their legal, economic, financial, or technical positions. Professional and consultant services are generally acquired to obtain information, advice, opinions, alternatives, conclusions, recommendations, training, or direct assistance, such as studies, analyses, evaluations, liaison with Government officials, or other forms of representation.
Risk Assessment: A comprehensive review process that determines the level of risk associated with doing business with the Subrecipient and subsequently to the PTE/University. A risk level is assigned to each Subaward based upon the criteria of the Risk Assessment and is used to identify subrecipient monitoring requirements for the subawardee.
Subaward: (2 CFR §200.92) A second-tier Award issued by a PTE to a Subrecipient which authorizes the Subrecipient to carry out part of a federal (or non-federal) Award issued to the PTE. It does not include payments to a Contractor or payments to an individual that is a beneficiary of a federal program. A Subaward may be issued through any form of legal agreement, including an agreement that the PTE considers a Contract.
Sponsored Program: An externally funded activity that is governed by specific terms and conditions as outlined in a legal agreement or Notice of Award. Sponsored programs must be separately budgeted and accounted for subject to the terms of the sponsoring organization. Sponsored Programs may include grants, Contracts (including fixed price agreements), and cooperative agreements for research, training, and other public service activities. A Sponsored Program encompasses both the main sponsored account(s) and associated cost share and/or program income account(s), as defined in 2 CFR §200.302.
Subrecipient: (2 CFR §200.93) A non-federal entity that is issued a Subaward from a PTE to carry out part of a federal (or non-federal) program; but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other federal or non-federal Awards directly from an awarding agency.
Subrecipient Monitoring: Activities undertaken to review the financial status and management controls of a Subrecipient in order to mitigate the risk of doing business with the Subrecipient and to ensure compliance with the terms and conditions of the Subaward.
Responsibilities:
All Principal Investigators (PIs), financial, business and administrative staff at the University of Louisville who are involved with the administration and conduct of Sponsored Programs must comply with this policy.
The Roles and Responsibilities chart is detailed in Section 6 of the Subrecipient Monitoring Guidance Document.
Official University Administrative Policy
Policy Name:
Academic Calendar and Awarding of Course Credit Hours
Effective Date:
January 2 2012
Policy Number:
Not Applicable
Policy Applicability:
This policy applies to the University of Louisville and its employees and students
Policy Statement:
Academic Calendar
To address the needs of its diverse student body, the University of Louisville (University) has established an academic calendar policy based on a standard of 14 weeks (fall/spring terms). The University's academic calendar structure will align with SACSCOC guidelines provided that: (1) valid, assessable course learning outcomes are established for each course and stated in the syllabi of each course section, as documented in the syllabus collection; (2) the calendar and credit hour requirements are clearly stated in the university catalog and other information resources; and (3) expectations for out-of-class instructional activities are clearly indicated in course descriptions and syllabi. Department chairs and deans continue to be responsible for monitoring and enforcing these requirements for the courses and sections in their units. The university will operate on a year-round calendar based on the following schedule of standard terms and their length:
Fall and Spring Semester:
- Regular Full Term: 70 available instructional days + 6 available culminating project/final exam days = 76 total available meeting days (i.e., 14 instructional weeks and a final exam week).
- Half Terms: 35 available instructional days (inclusive of culminating project/final exam days).
Summer terms (I, II, III, and 10 week) must provide sufficient instructional days to provide the required contact hours.
- Summer I: 15 available instructional days (inclusive of culminating project/final exam).
- Summer II: 25 available instructional days (inclusive of culminating project/final exam).
- Summer III: 25 available instructional days (inclusive of culminating project/final exam).
- Ten-week term: 50 available instructional days (inclusive of culminating project/final exam).
Winter Session: Minimum of 15 available instructional days (inclusive of culminating project/final exam day).
- The only recognized University holiday for winter session is Christmas Day.
- Winter session courses may meet on Saturday if required to fulfill the minimum required available instructional days.
Academic calendars in the professional schools of dentistry, law and medicine are based on the requirements of their discipline-specific accreditors. Other alternative calendars approved by the University will allow for instruction equivalent to a regular term.
Awarding of Course Credit Hours
The University of Louisville follows uniform standards for determining the amount of credit hours awarded for all academic courses and programs. These standards apply to all instructional sites and methods of instructional delivery. The number of credits per course has historically been determined by face-to-face contact time. The University's policy is "in general, one credit hour of lecture, discussion, or seminar requires at least 50 contact minutes per week during a regular semester."
The initial credit hour recommendation is made by the faculty in the discipline to ensure consistency with the University's policy and the norms of the discipline.
- Contact Hours: One credit hour of lecture, discussion, or seminar requires at least 50 contact minutes per week during a regular full-term semester (as allowed by SACSCOC and consistent with the federal recognition of the Carnegie Unit definition). Courses offered through distance education or other alternate methods must offer opportunities for a comparable amount of interaction with the instructor. Courses offered during a half term, summer term, winter session, or other approved alternative calendar must provide equivalent total contact minutes per credit hour as those required cumulatively in a regular full-term semester course.
- Out-of-class Work: Based upon the term in which a course is scheduled and whether the course requires a culminating project and/or final exam, courses must indicate on the syllabus the following expectations of out-of-classroom activity:
- Courses in the regular full-term semester with a culminating project/final exam scheduled during final exam days: Two (2) hours of out-of-class work per credit hour per week or thirty (30) hours of out-of-class work across the semester per credit hour awarded.
- Courses in the regular full-term semester without a culminating project/final exam scheduled during final exam days: Two-and-one-half (2.5) hours of out-of-class work per credit hour per week or thirty-five (35) hours of out-of-class work across the semester per credit hour awarded.
- Courses scheduled in summer terms, winter sessions, half terms, or other alternative terms: Total out-of-class work must be thirty (30) hours per credit hour awarded.
- The University policy allows for standard instruction, innovation, and the use of instructional technology while adhering to the requirements established by the federal government and the applicable accrediting bodies (See Online Education and Regular and Substantive Interaction for additional details).
- Academic units utilizing Prior Learning Assessments (PLA) and/or Competency-based Education (CBE) must follow their internal academic unit curriculum review processes to determine the equivalencies to contact hours used to determine credit hours for such instruction. The explanation of equivalency processes used by academic units and/or departments to award credit through PLA and/or CBE must be reviewed and approved by the Office of the Provost prior to implementation. This review ensures SACSCOC standards and policies are followed, and academic programs demonstrate sufficient rigor, quality, and integrity for SACSCOC compliance. The Office of Academic Planning and Accountability (OAPA) will maintain a record of approved equivalency processes.
- The use of zero-credit hour courses is limited to instances when UofL is not providing didactic instruction to students or transcripting equivalent demonstrations of learning, but otherwise needs to record students' participation in essential degree requirements to demonstrate competency, scholarship, or mastery of program learning outcomes. Such examples include, but are not limited to graduate student residency, co-op placements, internship experiences or other forms of experiential learning, exam preparation, and comprehensive examinations. Such courses must be approved through academic units' curriculum review processes and be reviewed and approved by the Office of the Provost prior to implementation.
- Courses in the regular full-term semester with a culminating project/final exam scheduled during final exam days: Two (2) hours of out-of-class work per credit hour per week or thirty (30) hours of out-of-class work across the semester per credit hour awarded.
- Courses in the regular full-term semester without a culminating project/final exam scheduled during final exam days: Two-and-one-half (2.5) hours of out-of-class work per credit hour per week or thirty-five (35) hours of out-of-class work across the semester per credit hour awarded.
- Courses scheduled in summer terms, winter sessions, half terms, or other alternative terms: Total out-of-class work must be thirty (30) hours per credit hour awarded.
The number of credit hours assigned to each course will be published in program curriculum materials and in the university catalogs. The University's electronic registration and content management systems will also reflect the approved credit hour assignments.
Online Education
The University is authorized by SACSCOC to offer online education (i.e., distance education). The U.S. Department of Education has previously adopted the position that a clock hour program can include clock hours earned through distance education, but only if the institution's or program's accrediting agency permits the institution to use that modality and the institution has sufficient technological resources to monitor a student's academic engagement in 50 to 60 minutes of distance education.
Regular and Substantive Interaction
The 2020 Higher Education Act (HEA) guidelines require that an institution ensures regular interaction between a student and an instructor or instructors in online courses. Prior to the student's completion of a course or competency, instructors must provide opportunity for substantive interactions with the student on a predictable and regular basis commensurate with the length of time and the amount of content in the course or competency and monitor the student's academic engagement and success. An instructor is responsible for proactively engaging in substantive interaction with the student when needed, on the basis of such monitoring, or upon request by the student.
Application
The credit hour standard for the course and the way that the credit hour standard is achieved is communicated to students as part of the course syllabus or equivalent documentation.
Academic units are responsible for the consistent application of the credit hour, credit hour policy, and for ensuring that a stated credit hour standard is maintained as courses and instructors and mode of instruction or course formats change. All courses are required to have stated learning outcomes or objectives. The student learning outcomes are a feature of the course and are approved when the course is approved. Learning outcomes serve as a basis to determine if the amount of learning is consistent across different formats and modes of instruction. In relation to the credit hour policy, a statement of what students will learn is necessary so that credit is based on a demonstration by the student of learning equivalent to expected outcomes of a period of study corresponding to a time-based credit hour assignment or equivalent academic engagement.
Policy Amendments
Amendments to this policy are subject to approval by the University Provost. The University Provost allows academic units with external accreditation requirements to have the flexibility to make policy adjustments based on best practices in that discipline with prior approval.
Related Information:
Federal Regulations: 34 CFR 600.2 - Definition of Credit Hour
Section 103 of the 2020 Higher Education Act (HEA)
Accreditation Policy: SACSCOC Credit Hours Policy Statement
SACSCOC Competency Based Education Definition
Policy Reasoning:
The University's uniform standards for establishing the institutional academic calendar and determining the amount of credit hours awarded for all courses are designed to meet or exceed federal regulations, the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) accreditation requirements, and other applicable accrediting bodies.
Definitions:
A Credit Hour, as defined by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC), "is an amount of work represented in intended learning outcomes and verified by evidence of student achievement that is an institutionally established equivalency that reasonably approximates:
- Not less than one hour of classroom or direct faculty instruction and a minimum of two hours of out of class student work each week for approximately fifteen weeks for one semester or trimester hour of credit, or ten to twelve weeks for one quarter hour of credit, or the equivalent amount of work over a different amount of time; or
- At least an equivalent amount of work as required outlined (sic) in item 1 above for other academic activities as established by the institution including laboratory work, internships, practica, studio work, and other academic work leading to the award of credit hours."
A Competency is a clearly defined and measurable statement of the knowledge, skill, and ability a student has acquired in a designated program.
Competency-Based Education (CBE) programs and courses are outcome-based and assess a student's attainment of competencies as the sole means of determining whether the student earns an academic award or credit hour. Such programs may be organized around traditional course-based units (i.e., credit or clock hours) that students must earn to complete their educational program. For CBE programs and courses, an explanation of the determination of the equivalency of the CBE program or course to the clock hour/credit hour must be provided for SACSCOC review.
Distance Education (per Section 103 of the HEA) is education that uses one or more technologies to deliver education to students who are separated from the instructor and to support regular and substantive interaction between the students and the instructor, either synchronously or asynchronously.
Prior Learning Assessment (PLA) is the evaluation of a student's learning earned before college through a portfolio assessment, standardized exam, evaluation of noncollege and noncredit programs, or other means of assessing the competencies attained by an individual through learning that occurred outside of the traditional academic environment. For PLA courses, an explanation of the determination of the equivalency of the PLA course to the clock hour/credit hour must be provided to the OAPA for SACSCOC review. PLA, transfer credits, and all other credits earned outside of direct instruction at UofL cannot comprise more than 75% of an undergraduate degree or 66% of a graduate degree.
Substantive Interaction is defined as engaging students in teaching, learning, and assessment, consistent with the content under discussion, and including at least two of the following—providing direct instruction; assessing or providing feedback on a student's coursework; providing information or responding to questions about the content of a course or competency; facilitating a group discussion regarding the content of a course or competency; or other instructional activities approved by the institution's or program's accrediting agency.
Responsibilities:
The Office of the Provost is responsible for oversight and interpretation of this policy.
Official University Administrative Policy
Policy Name:
Certificate Program Criteria for Financial Aid Eligibility
Effective Date:
July 1 2020
Policy Applicability:
This policy applies to the University of Louisville its academic units and programs employees and students
Policy Statement:
Effective July 1, 2020, University of Louisville (UofL) students enrolled (half-time or more) in stand-alone certificate programs designated as federal Title IV aid eligible can be evaluated for such funds. For a request to be submitted to the U.S. Department of Education to consider a standalone UofL certificate program to be eligible for Title IV federal aid, the certificate program must:
- Be one academic year in duration;
- Be at least 24 credit hours for undergraduate certificates; be at least 9 credit hours for graduate certificates; and
- Prepare students for gainful employment in a recognized occupation.
In order to be designated as a certificate program that prepares students for gainful employment in a recognized occupation, the Academic Unit offering the certificate program must provide certification the following criteria is met:
- The program prepares students for employment in a specific recognized occupation as identified by a Standard Occupational Classification (SOC) code established by the Office of Management and Budget or an Occupational Information Network O*NET-SOC code established by the Department of Labor. The list of SOC codes is available here: https://www.onetonline.org/.
- Provide a statement and/or documentation which demonstrates a reasonable relationship between the length of the program and entry level requirements for the recognized occupation for which the program prepares the student, in addition to establishing the need for the training for the student to obtain employment in the recognized occupation for which the program prepares the student.
- If the program already has completers, provide certification from the Office of Academic Planning & Accountability the following metrics were met. If a new program (no prior completers of the program), provide certification the following are expected to be met.
- The annual amount a typical graduate needs to devote to his/her student loans is equal to or less-than 8% of annual earnings, or equal to or less-than 20% of their discretionary earnings (their annual earnings above 150% of the federal poverty guideline for a single individual).
- At least half of program graduates have higher earnings than a typical high school graduate in their state's labor force who never enrolled in postsecondary education.
- A majority of program completers are employed in a job or career related to this field within a year after graduation.
- The annual salaries of graduates are equal to or greater than the average BLS salary estimates for the same or similar occupations [or, alternatively, the annual salaries of graduates fall within the average BLS salary ranges].
- The following information is made readily available to students:
- The total cost of the program with reference to the cost of attendance data utilized for federal Title IV aid processing compiled by the Student Financial Aid Office.
- The percentage of graduates who pass any required licensure exams.
- The percentage of program completers who are employed in a job or career related to this field within a year after graduation.
- The types of occupations in which graduates are employed and the average salaries.
- The annual amount a typical graduate needs to devote to his/her student loans is equal to or less-than 8% of annual earnings, or equal to or less-than 20% of their discretionary earnings (their annual earnings above 150% of the federal poverty guideline for a single individual).
- At least half of program graduates have higher earnings than a typical high school graduate in their state's labor force who never enrolled in postsecondary education.
- The total cost of the program with reference to the cost of attendance data utilized for federal Title IV aid processing compiled by the Student Financial Aid Office.
- The percentage of graduates who pass any required licensure exams.
- The percentage of program completers who are employed in a job or career related to this field within a year after graduation.
- The types of occupations in which graduates are employed and the average salaries.
Compliance
Failure to comply with this policy could result in UofL certificate programs not being eligible to receive Title IV federal aid.
Related Information:
For more information visit the UofL Student Financial Aid Office website at http://louisville.edu/financialaid/our-services.
Policy Reasoning:
The purpose of this policy is to comply with regulations regarding the Gainful Employment Rule.
All non-degree programs at public higher education institutions that are determined by the institution to be eligible to participate in Title IV financial aid must comply with the Gainful Employment (GE) program eligibility and accountability framework. As a statutory condition of eligibility to participate in Title IV federal financial aid, these GE programs must "prepare students for gainful employment in a recognized occupation" and provide training and education to program recipients of federal financial aid that "lead to earnings beyond those of high school graduates and [are] sufficient to allow students to repay their student loans."
Responsibilities:
The Student Financial Aid Office is responsible for oversight and interpretation of this policy.
Academic units are responsible for determining if the certificate programs offered in their units meet the criteria to receive Title IV financial aid.
Official University Administrative Policy
Policy Name:
Compensation and Classification
Effective Date:
May 1 1992
Policy Number:
PER 3 01
Policy Applicability:
This policy applies to University Staff
Policy Statement:
The university's compensation policy will:
A. Establish wage and salary ranges that reflect the value to the university of the various jobs, as determined by a system of job evaluation and review, taking into account the duties and level of responsibility of each job;
B. Establish and maintain justifiable differentials between job levels; and
C. Adjust salary and wage ranges when warranted by changing economic and competitive factors, as determined by periodic surveys and in accordance with available funding.
Policy Reasoning:
To encourage superior performance by adjusting the pay rate of each employee on the basis of the quality of individual performance, as determined by a systematic program of performance evaluation.
To ensure that compensation practices comply with all federal and state laws and support the university's ongoing commitment to compliance with applicable laws.
Official University Administrative Policy
Policy Name:
Continuous Creditable Service
Effective Date:
May 1 1992
Policy Number:
PER 1 06
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
CONTINUOUS SERVICE
- Continuous service is employment without a break in service and includes all authorized leaves of absence with or without pay. Dismissal or voluntary resignation shall constitute a break in continuous service.
- Any employee who has attained regular status in any classification and who is separated due to a reduction-in-force shall be considered to have continuous service during the period of separation if reemployed within 18 months from the effective date of separation.
- Any employee who voluntarily resigns from employment in good standing and is subsequently reemployed shall be entitled to use previous continuous service in determining benefits eligibility for higher vacation leave credits in accordance with Section PER-4.04, Vacation Leave, except that previously earned, unused sick leave shall not be reinstated.
- When an employee is transferred, demoted, or promoted from one unit to another, there shall be no break in continuous service.
CREDITABLE SERVICE
- Creditable (any/all employment periods which may be used toward entering the next higher rate of vacation leave) service accrues in each pay period. An employee accrues creditable service for each pay period in which the employee is in pay status for 50 percent or more of the pay period. (Employees working at least 40 percent FTE on July 1, 1990, will continue to accrue vacation leave on a proportional basis as long as they remain on at least a 40 percent FTE.)
- Creditable service shall apply only to vacation leave provisions of Section PER-4.04, Vacation Leave and employee recognition programs based on creditable service at PER 6.02, Employee Recognition Program.
Policy Reasoning:
policy
Demotions
Official University Administrative Policy
Policy Name:
Demotions
Effective Date:
May 1 1992
Policy Number:
PER 2 07
Policy Applicability:
This policy applies to University of Louisville staff
Policy Statement:
- Demotions may be (1) voluntary, (2) involuntary, or (3) disciplinary:
- A voluntary demotion occurs when the employee initiates or requests the demotion.
- An involuntary demotion occurs when the position which an employee occupies is reclassified to a lower level or when the demotion is due to inadequate performance or a matter of organizational necessity, such as reductions-in-force.
- A disciplinary demotion occurs when the demotion is imposed upon the employee as a disciplinary measure.
- Staff members who have served less than six months in their current position must have the permission of their supervisor/unit head before applying for a position which represents a voluntary demotion.
- Upon demotion, if an employee's salary exceeds the maximum of the new lower salary grade, the employee's salary will be reduced to at least the maximum of the new salary grade. Rate on demotion is reviewed on an individual basis and must be approved by the Vice President for Human Resources.
- A voluntary demotion occurs when the employee initiates or requests the demotion.
- An involuntary demotion occurs when the position which an employee occupies is reclassified to a lower level or when the demotion is due to inadequate performance or a matter of organizational necessity, such as reductions-in-force.
- A disciplinary demotion occurs when the demotion is imposed upon the employee as a disciplinary measure.
Related Information:
Salary Administration Policy Changes
Definitions:
A demotion occurs when an employee moves from a position in one class to a different position in a different class assigned to a lower pay grade. A demotion may occur either within a department or between two departments.
policy
Crisis Communication
Official University Administrative Policy
Policy Name:
Crisis Communication
Effective Date:
July 1 1995
Policy Number:
OCM 1 03
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
The University of Louisville is committed to taking a preemptive approach to public relations crises, using disclosure whenever possible as the preferred strategy for preventing or minimizing public relations crises.
No one is authorized to speak to the news media in a crisis without clearance from the Office of Communications and Marketing.
Related Information:
Crisis Prevention
Communications and Marketing will maintain regular contact with vice presidents, deans, directors, department heads, campus police, and faculty, staff and student leaders, advising the appropriate administrator(s) when internal issues or developments appear likely to lead to public relations problems.
Similarly, UofL's administration will regularly notify Communications and Marketing of internal developments that may escalate into public relations crises.
Communications and Marketing also will monitor local, state and national news coverage of higher education, advising the appropriate administrator(s) of issues and/or trends that might lead to negative stories.
Crisis Response
When crises erupt, Communications and Marketing will gather and verify information about the crisis, assess the severity of the crisis, and develop strategies concerning how information is to be released, who should speak for the institution and who is to be notified.
The office also will work out logistical details of releasing information and distribute verified information as quickly as possible to internal and external audiences.
Definitions:
For terms of this policy, a crisis is defined as "A significant disturbance in the university's activities which results in extensive news coverage and public scrutiny, and which has the potential to cause long-term public relations damage."
Responsibilities:
Communications and Marketing will be responsible for developing crisis communication strategies.
Final approval of these strategies will rest with the University President or his/her designee.
Official University Administrative Policy
Policy Name:
On Campus Commercial Filming
Effective Date:
July 1 2017
Policy Number:
OCM 1 06
Policy Applicability:
This policy applies to any individual or company wishing to film on any of the campuses of the University of Louisville
Policy Statement:
Any individual or company wishing to film on any of the campuses of the University of Louisville ("university") must, at least two weeks prior to filming, make a request to the university's Office of Communication and Marketing, which shall include a final script, treatment, storyboard or similar materials describing the project in detail. Any subsequent changes or revisions to the script must be brought to the attention of the university.
The following rules shall apply to all filming:
- Filming is permitted only at the location(s) approved by the university and described on the Location Agreement, and in a manner and time that would be least disruptive to student life and academics and the ordinary operations of the university. The university does not allow filming during final exam periods, in residence halls, libraries and clinical care settings, or in places where public access might be restricted for reasons of safety and security.
- Reasonable care shall be used to prevent damage to the campus or to any university property, and such must be restored to the original state after filming. University reserves the right to require a damage deposit prior to filming, which will be refunded in full when the locations are found to be in satisfactory condition. University officials will conduct a final inspection.
- Any alterations or renovations to the campus, including temporary construction or the cutting and trimming of trees and vegetation, are subject to the prior written consent of the university. Temporary construction must be done in a manner that does not damage university property, endanger or hinder students, faculty, staff or visitors. All approved alterations or renovations must be removed at the completion of filming, or such shall be removed by the university with the expense included as an additional fee for filming.
- University may impose reasonable restrictions on the production, including as related to size and weight limitations on equipment and vehicles, and the amount of vehicle and foot traffic. Production vehicles and staff may park only in the areas agreed upon prior to filming, and cannot obstruct city streets or university traffic.
- During filming on campus, all applicable local, county and state building and safety codes, ordinances and regulations must be complied with, as well as all university policies, including the University Code of Conduct.
- All personal property brought to campus by anyone filming shall be at said individual's or company's own risk, and the university shall not be liable for any loss or damage that might occur thereto.
- Any logos or marks of the university, including signature images and locations, may not be filmed without the prior written consent of the university. This restriction also applies to clothing or other items such as pennants or banners bearing university logos or marks used as costumes or set dressing. Obtaining all necessary permission, authorizations and/or clearances in connection with any third party names, logos, signage or works of art shall be the sole responsibility of the individual or company filming on campus. The university may not be identified as the location of the film without the university's prior written consent.
- Neither filming on campus, nor use of the university logos or marks, implies endorsement by the university of the film, or the content thereof, or any products, services or businesses depicted therein, nor shall such endorsement be asserted, suggested or implied. As such, the university retains the right to review the finished product to ensure proper use of said logos, marks and locations.
- Signs must be prominently posted at the location(s) of filming informing in advance those passing by that they may be photographed, filmed or recorded. Obtaining the consents of those who might be photographed, filmed or recorded shall be the sole responsibility of the individual or company filming on campus.
- University reserves the right to eject any crewmembers or personnel connected to the filming for conduct deemed disruptive to the operation of the university, including offensive language or behavior. University is a smoke-free campus.
- The film, as completed and distributed, must be consistent in all material respects with the script, treatment, storyboard or similar materials describing the project that was submitted to the university in making the request to film on campus.
- The use of drones for filming will be decided on a case-by-case basis and in accordance with Federal Aviation Administration guidelines and University policy.
- A certificate of insurance indicating the film company has in-force insurance coverage naming the university, its trustees, officers, employees and agents as additional insured for the following policies and limits: Commercial General Liability that includes completed products, personal and advertising injury, and products/completed operations in the amount of no less than $1,000,000 per occurrence and $2,000,000 in the aggregate. Auto Liability for all owned, hired and non-owned vehicles in the amount of no less than $1,000,000 per occurrence combined single limit for bodily injury and property damage. Property Insurance at replacement cost value for all personal property used/stored by the film company on University Property. Worker's Compensation insurance with statutory limits for Kentucky and the state(s) of domicile of the film company and any subcontractors. The Certificates must clearly state that the Film Companies insurance is Primary and will be presented to the University at least ten (10) business days before filming, along with a signed Location Agreement.
- University reserves the right to revoke permission to film on campus and eject the film crew if, at any time, either the terms or the intent of this policy is breached.'
University has the right to deny filming requests or revoke permission to film if, in its sole judgment, the subject matter of the project conflicts with the university's mission and values, portrays students, staff or faculty in a negative manner, or is derogatory to higher education.
Related Information:
If the filming request is approved, university personnel will evaluate the availability of the requested location(s). A location fee, as outlined on the rate sheet, will be determined based upon the location(s), date, time, number of hours filming, size of crew, amount of equipment, and potential disruption to the campus. In addition, the university will charge actual rental costs for locations such as performance venues, as well as any other fees incurred, such as parking and security.
FEES
The fees associated with any filming on university campuses shall cover the costs of the Office of Communications and Marketing staff time to process the request, assist with scouting locations and provide day-of troubleshooting and oversight. The university may levy additional charges for parking, security, and other university departments affected by the filming locations.
The Office of Communications and Marketing's base fees for all filming on university campuses:
HALF DAY (up to 6 hrs.) - $1,250
FULL DAY (6-12 hrs.) - $2,000
The university reserves the right to negotiate reduced fees for film projects involving a non-profit or university group. All fees and charges shall be levied at the sole discretion of the university, with payment due within thirty (30) days of completion of filming on-campus.
Definitions:
For ease of reference, "film" or "filming" shall include motion pictures, short features, television programs, documentaries, commercials, videotape, audio recordings, still photography and digital imaging for sale or profit, or for the use of promoting a product, service or business, or for a non-news purpose.
Responsibilities:
Vice President for Communication and Marketing
policy
Public Information
Official University Administrative Policy
Policy Name:
Public Information
Effective Date:
January 1984
Policy Number:
OCM 1 05
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
Since 1984, the university has operated under a public information policy that defines the process for the release of official information to ensure that positions and statements of the university are represented accurately and consistently.
This policy details how information about the university is announced to the public, the role of the Office of Communications and Marketing (OCM), and each employee's responsibility in the release of official information about the university or its positions. All units of the university are expected to follow this policy.
- OCM is the only office through which official university announcements, activities and statements may be communicated to the general public. This includes:
- Proactively obtaining coverage in the news media through press releases and other means.
- Releasing information about emergencies, crimes, controversies, official positions on issues involving the university and other events to which the press has reasonable claim.
- Linking faculty or staff with reporters seeking their expertise.
- All media contacts for official university information or expertise must be directed to OCM, which will coordinate the university's response with appropriate administrators or employees. Media requests for public records under the Kentucky Open Records Act are an exception: They should be referred to the university's open records officer in University Archives.
- All offices seeking media coverage for events and activities will contact OCM, which will analyze each request and define the strategy it believes will be most effective in achieving the desired goal on behalf of the university. Requests for routine coverage should reach the office at least two weeks before the date on which initial media contact or release might be made.
- Individuals who talk with the media as officials of the university or as faculty or staff representing their expertise or responsibilities through the university will work with OCM in advance to the extent possible; in rare instances when this is not possible, they will notify OCM of the contact so the office can track the results.
- OCM representatives will be available to consult with administrators, faculty and staff about the most effective ways to work with the media.
- Exceptions to this policy include athletics, which manages media relations through its sports information office, and select other offices identified by OCM. However, OCM will be consulted regarding responses to all significant issues that have the potential to reflect upon the image of the university.
- Proactively obtaining coverage in the news media through press releases and other means.
- Releasing information about emergencies, crimes, controversies, official positions on issues involving the university and other events to which the press has reasonable claim.
- Linking faculty or staff with reporters seeking their expertise.
Nothing in this policy is intended to affect the responsibility of faculty members for their scholarly publications and personal involvement in community activities, nor is it intended to affect individual employees' rights to express personal views about university or non-university issues as long as they make it clear that they do so as individuals and do not represent the official position of the university either directly or indirectly.
Related Information:
Contact the vice president for communications and marketing or director of media relations with questions regarding this policy.
Policy Reasoning:
As a public institution of higher learning, the University of Louisville has a responsibility and a commitment to disseminate information about its programs and activities and to be responsive to media inquiries. Press coverage of the university's activities is one way the institution can receive positive visibility and support, while the university's prompt, fair and accurate public response to challenging issues can reassure its constituents and the general public.
policy
Accounts Receivable
Official University Administrative Policy
Policy Name:
Accounts Receivable
Effective Date:
May 1 2003
Policy Applicability:
This policy applies to University Employees administrators faculty and staff
Policy Statement:
In the event the University has provided goods or services to individuals or entities outside the University and full payment is not immediately received, an account receivable must be recorded by the lead fiscal officer or unit business manager in the general ledger. All accounts receivable should be collected within 30 days. If the account receivable is not collected, it must be assessed to determine collectability. Analysis of large, long-term or a collection of like accounts receivable is performed monthly to determine if a percentage of the accounts will not be collected. A reserve account is established to recognize any accounts receivable, or any portion of, that is deemed not collectible.
To maintain proper segregation of duties, collection of accounts receivable should be performed by individuals within the business unit who are not responsible for billing and recording accounts receivable. Decisions to establish a reserve account and write-off uncollectable accounts receivable are the responsibility of the unit business manager with input from the individual responsible for collecting accounts receivable.
Account receivable balances must be supported by records that substantiate the amount due and these records must be maintained for audit purposes. Records of accounts receivable written-off are to contain the reason for the write-off and must be maintained for audit purposes.
Contact the Controller's Office if assistance is needed with establishing or monitoring an account receivable or reserve account.
Policy Reasoning:
The University of Louisville (University) and its related organizations report income on the accrual basis of accounting in accordance with Government Accounting Standards Board (GASB) guidelines. Accrual accounting requires the recording of income when earned and expenses when incurred. It differs from the cash basis in which income is recorded when cash is received and deposited.
Generally, all sale transactions should be cash basis and payment received at the time of, or before, the sale of goods or services is provided. A receivable must be recorded when a sale of goods or services is provided for fees and payment is not received immediately. As payments are collected, they are applied against the receivable until the receivable is reduced to zero. Revenue is only recorded at the time the receivable is established.
Segregating responsibilities for recording, collecting and monitoring receivables establishes a sound control environment by not giving one person control over recording receivables and writing-off receivables.
Definitions:
Bad debts - Payments due from a third party that are deemed not collectible due to passage of time, collection efforts, or lack of legal enforcement. Also known as a "write-off".
Reserve account - An account that offsets against an account receivable the expected amount of receivables that will not be collected. The expected uncollectable amount of receivables is recognized as bad debts when recorded to the reserve account (debit bad debt expense/credit reserve account).
Contra revenue accounts - contractual discounts that off-set against a revenue account reducing the amount of revenue recognized. Most often related to medical and patient revenues.
Substantive records/supporting documentation - Support generated from a source separate from the general ledger (PeopleSoft) that corroborates the existence of the account receivable.
Types of receivables (list is not all inclusive):
• Tuition and other student services - maintained by Bursar's Office. Includes services such as housing rents and meal plans. Accounts receivable are recorded when payments are due from the student.
• Patient services/ contracts - Clinics generally maintain patient billings and accounts on separate automated databases. Unit business managers must record the summary clinical income and receivables to the university's general ledger (PeopleSoft financial system entries using speedtypes and accounts) on a monthly basis.
• Grants and sponsored programs - The grant or contract agreements with each sponsor define the billing and payment terms and determine when income is earned by the University. At the point services can be billed, revenue is earned and accounts receivable are recorded.
• Contracts for goods and/or services provided - Any contract with external organizations or individuals. Income is generated when services are performed or goods are delivered and payment is not immediately received. Examples are: parking contracts, promotions, sponsorships, consulting services, etc.
• Reimbursements - Occasionally, a university department or program may expend funds in collaboration with other organizations (For example, conferences with professional societies, alumni functions). A receivable must be recorded for the amount of funds to be reimbursed by the external organizations. This receivable is offset (credit side of the journal entry) by a reduction of the original expenses incurred.
• Pledges - A contract to receive gift payments over a period of time.
Responsibilities:
Department responsibilities:
- Invoice for goods or service provided and payment not received to record accounts receivable and revenue earned.
- Maintain documentation for accounts receivable.
- Collect and record payments against accounts receivable.
- Monitor accounts receivable and determine if a reserve account is needed or if any accounts need to be written off.
Controller's Office:
- At year end, provide overall monitoring of accounts receivable for reasonableness and collectability based on prior experience and knowledge.
- Provide guidance on establishing and monitoring accounts receivable to departments as needed.
policy
Exit Interviews
Official University Administrative Policy
Policy Name:
Exit Interviews
Effective Date:
May 1 1992
Policy Number:
PER 4 15
Policy Applicability:
This policy applies to all University Employees
Policy Statement:
For all regular, full and part-time employees, faculty, classified, and professional/administrative personnel leaving the university, an exit survey was developed to provide an opportunity to share experiences while employed at the University of Louisville and to provide the university with a better understanding of reasons for leaving.
Official University Administrative Policy
Policy Name:
Family and Medical Leave
Effective Date:
January 4 2001
Policy Number:
PER 4 17
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
Family and medical leave is provided to eligible employees for any of the events or conditions listed below. Leave taken for these events must be reported as family and medical leave:
- The birth of a child and the care of the newborn.
- The placement of a child with an employee in connection with the adoption or state-approved foster care of the child.
- The serious health condition of a child, parent, or spouse of the employee or a qualifying adult or child of a qualifying adult.
- A serious health condition of the employee.
- Qualifying Exigency Leave. An employee whose son, daughter, spouse, parent, qualifying adult or child with a qualifying adult who is on active duty or has been notified of an impending call to active duty in the regular Armed Forces, National Guard or Reserves. May be used for notice of deployment or return; any official ceremony, program or event sponsored by the military; to attend family support and assistance programs and informational briefings sponsored by the military, military service organizations, or the American Red Cross; to arrange child care or attend certain school functions of the son or daughter of a covered military family member; to make or update financial or legal arrangements to address the covered military family members absence while on active duty or call to active duty; to attend counseling by a non-health care provider; to spend time with a covered military family member on rest and recuperation leave during a period of deployment; to address issues arising from the death of a covered military family member.
An eligible employee is entitled to a maximum of 12 weeks of approved family and medical leave in a year, as defined in this document.
ADDITIONAL CONDITIONS:
- An eligible employee must use all applicable accrued paid leave balances (including sick, vacation, and personal leave) while taking family and medical leave. Any sick leave of more than seven consecutive days or intermittent leave of any duration for qualifying serious or chronic health conditions must be counted as family and medical leave.
- If an employee is requesting continuous or intermittent family and medical leave, the employee must ensure submission of Family Medical Leave forms to Human Resources outlined in the PROCEDURES section below.
- An employee on Workers' Compensation who wishes to continue to receive University health benefits is required to apply for family and medical leave.
If both spouses (or an employee and his or her qualifying adult) are employed by the University of Louisville, each employee is entitled to 12 weeks of leave during any 12- month period for the birth or placement of a child or for other qualifying events or conditions.
Leave for birth or placement of a child must take place within 12 months after the event. Leave may begin prior to the birth or adoption. Leave for birth or placement of a child is available equally to both sexes.
An intermittent or reduced leave schedule is available under the Family and Medical Leave Act for the serious health condition of the employee, employee's spouse, child, or parent or the employee's qualifying adult.
For the period of the family and medical leave that is without pay, the employee may continue insurance benefits (excluding disability insurance plans) and will receive the premium sharing from the university toward the cost of health insurance. The employee is responsible for self-paying by personal check or money order that part of his/her insurance cost that would otherwise be deducted from the employee's paycheck.
For the period of the family and medical leave that is without pay, the employee on family and medical leave will continue to accrue service credit but will not accrue vacation and sick leave.
Except under the conditions outlined in section I below, employees returning from approved family and medical leave must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
- An employee offered an equivalent position who chooses to decline the position waives any rights to reinstatement.
- An employee who believes that a position offered is not an equivalent position is entitled to file a grievance under the university's grievance policy and procedure, Section PER- 5.03, Grievances.
- The university may decline to restore an employee on family and medical leave to his/her original or equivalent position under the conditions listed below.
If an employee's position is scheduled for elimination as part of an approved reduction in force (RIF) plan, the employee's family and medical leave rights (including rights to restoration of employment) end on the scheduled termination date.
If misconduct by the employee which constitutes grounds for termination occurs or is discovered, the employee is subject to termination, even if the employee is on family and medical leave at the time of the misconduct or discovery of misconduct.
- If an employee is scheduled for termination for any other reason prior to notification of family and medical leave and has received written notice of the termination, the employee's family and medical leave rights end on the previously scheduled termination date.
- If the employee is among the highest paid ten percent employed by the university and a determination is made by the President that restoring employment to the employee would result in substantial economic injury to the university, the employee's right to restoration of employment may end at the close of the family and medical leave period. At the time an employee in this category applies for family and medical leave, the employee must be notified that he/she may be ineligible for reinstatement.
In such cases, the employee maintains only those rights provided by such regulations as COBRA and in the case of a reduction in force.
- If an employee elects not to return to work upon completion of an approved unpaid family and medical leave, the employee is obligated to reimburse the university for the amount of the university's contribution of insurance premium during any complete months of unpaid leave. The employee need not reimburse the university if the failure to return to work was for reasons beyond the employee's control, or if the employee retires directly from leave or within 30 days of returning from leave.
SERVICE MEMBER FAMILY LEAVE
An eligible employee who is the spouse, son, daughter, parent, next of kin or qualifying adult of a covered service member shall be entitled to a total of 26 work weeks of leave during a single 12 month period to care for the service member.
When the veteran designates in writing a blood relative as next of kin for FMLA purposes, that individual is deemed to be the veteran's only FMLA next of kin. When the veteran has not designated in writing a next of kin for FMLA purposes, and there are multiple family members with the same level of relationship to the veteran, all such family members are considered the veteran's next of kin and may take FMLA leave to provide care to the veteran. See definitions below.
Review: The university expressly reserves the right at any time to modify, alter, or amend this policy in whole or in part. The university shall have the unlimited right to amend this policy at any time, retroactively or otherwise, in such respect and to such extent as may be necessary to meet any legal requirement and to the extent necessary to accomplish this purpose. The President or the Vice President for Human Resources, as the President's designee is hereby granted authority to issue interpretations and clarify rules under this policy and to coordinate it with or modify other rules of the university as required from time to time for compliance with the law.
If both spouses (or an employee and his or her qualifying adult) are employed by the University of Louisville, each employee is entitled to 12 weeks of leave during any 12- month period for the birth or placement of a child or for other qualifying events or conditions.
Leave for birth or placement of a child must take place within 12 months after the event. Leave may begin prior to the birth or adoption. Leave for birth or placement of a child is available equally to both sexes.
An intermittent or reduced leave schedule is available under the Family and Medical Leave Act for the serious health condition of the employee, employee's spouse, child, or parent or the employee's qualifying adult.
For the period of the family and medical leave that is without pay, the employee may continue insurance benefits (excluding disability insurance plans) and will receive the premium sharing from the university toward the cost of health insurance. The employee is responsible for self-paying by personal check or money order that part of his/her insurance cost that would otherwise be deducted from the employee's paycheck.
For the period of the family and medical leave that is without pay, the employee on family and medical leave will continue to accrue service credit but will not accrue vacation and sick leave.
Except under the conditions outlined in section I below, employees returning from approved family and medical leave must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
- An employee offered an equivalent position who chooses to decline the position waives any rights to reinstatement.
- An employee who believes that a position offered is not an equivalent position is entitled to file a grievance under the university's grievance policy and procedure, Section PER- 5.03, Grievances.
If an employee's position is scheduled for elimination as part of an approved reduction in force (RIF) plan, the employee's family and medical leave rights (including rights to restoration of employment) end on the scheduled termination date.
If misconduct by the employee which constitutes grounds for termination occurs or is discovered, the employee is subject to termination, even if the employee is on family and medical leave at the time of the misconduct or discovery of misconduct.
- If an employee is scheduled for termination for any other reason prior to notification of family and medical leave and has received written notice of the termination, the employee's family and medical leave rights end on the previously scheduled termination date.
- If the employee is among the highest paid ten percent employed by the university and a determination is made by the President that restoring employment to the employee would result in substantial economic injury to the university, the employee's right to restoration of employment may end at the close of the family and medical leave period. At the time an employee in this category applies for family and medical leave, the employee must be notified that he/she may be ineligible for reinstatement.
In such cases, the employee maintains only those rights provided by such regulations as COBRA and in the case of a reduction in force.
If an employee's position is scheduled for elimination as part of an approved reduction in force (RIF) plan, the employee's family and medical leave rights (including rights to restoration of employment) end on the scheduled termination date.
If misconduct by the employee which constitutes grounds for termination occurs or is discovered, the employee is subject to termination, even if the employee is on family and medical leave at the time of the misconduct or discovery of misconduct.
Related Information:
Federal Family and Medical Leave Act of 1993 (FMLA)
PER 4.21 Leave of Absence without Pay
Policy Reasoning:
This policy has been established to comply with the Federal Family and Medical Leave Act of 1993 (FMLA) and related Department of Labor regulations, and to establish university equivalent benefits for such other individuals as deemed consistent with the university's equal employment policy. The policy prescribes the leave benefits available to eligible employees and it applies to all faculty and staff employees who meet the eligibility requirements defined in this policy.
Definitions:
Policy Key Terms
Active Duty: Limited to a member of the Reserve components, the National Guard, certain retired members of the Regular Armed Forces and retired Reserve while serving on active duty status. Only available where the Federal call to active duty is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force.
Covered Service Member: A member of the regular Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious health injury or illness.
Chronic health condition: One that meets all the following requirements:
- Requires periodic visits for treatment by a health care provider;
- Continues over an extended period of time; and
- May cause episodic rather than continuing incapacity (e.g., asthma, diabetes, epilepsy).
Next of Kin: The nearest blood relative of that individual or someone who stood in the place of a parent of such individual.
Next of Kin (of a covered veteran):
The "next of kin" of a covered veteran is the nearest blood relative, other than the veteran's spouse, parent, son, or daughter, in the following order of priority:
- A blood relative who has been designated in writing by the service member as the next of kin for FMLA purposes.
- Blood relative who has been granted legal custody of the service member.
- Brothers and sisters.
- Grandparents.
- Aunts and uncles.
- First cousins.
Incapacity: For the purposes of FMLA, the inability to work, attend school, or perform other regular daily activities because of the serious health condition, treatment therefore, or recovery therefrom.
Outpatient Status: A member of the regular Armed Forces assigned to:
- A military medical treatment facility as an outpatient; or
- A unit established for the purpose of providing command and control of members of the regular Armed Forces receiving medical care as outpatients.
Serious Injury or Illness: An injury or illness incurred by the service member in the line of duty or on active duty in the regular Armed Forces that may render the service member medically unfit to perform the duties of the service member's office, rank, or rating.
Treatment: For the purpose of FMLA, includes, but is not limited to, examinations to determine if a serious health condition exists. Treatment does not include routine physical, eye, or dental exams.
**Specific conditions for which treatment does not qualify for FMLA leave include: cold, flu, earaches, upset stomach, minor ulcers, headaches other than migraine, routine dental, or orthodontia problems and periodontal disease. Cosmetic treatments are not considered a serious health condition unless medically required or unless complications arise.**
For other definitions and terms within this policy, visit the Policy Definition webpage.
Responsibilities:
It is the responsibility of the employee's department Unit Business Manager or designee to notify human resources of employee absences of more than seven days or any pattern of employee intermittent absences.
policy
Digital Media
Official University Administrative Policy
Policy Name:
Digital Media
Effective Date:
July 1 2010
Policy Number:
OCM 1 04
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
POLICIES FOR ALL DIGITAL MEDIA SITES, INCLUDING PERSONAL SITES
The University of Louisville digital media policies help protect the university and its brand, improve brand messaging and to set a standard for using, communicating and publishing content on websites, social media and other digital media platforms.
- Protect confidential and proprietary information: Do not post confidential or proprietary information about the University of Louisville, students, employees, or alumni. Employees must still follow the applicable federal requirements such as FERPA, PCI-DSS and HIPAA, as well as NCAA regulations. Adhere to all applicable university privacy and confidentiality policies. Employees who share confidential information do so at the risk of disciplinary action or termination.
- Respect copyright and fair use: When posting, be mindful of the copyright and intellectual property rights of others and of the university. For guidance, consult the Copyright Guidelines & Resources. Direct questions about fair use or copyrighted material to the University Libraries contact Dwayne Buttler, Dwayne.buttler@louisville.edu, at 852-3128 or visit their office in room 276 of the William F. Ekstrom Library.
- Don't use University of Louisville logos for endorsements: Do not use the University of Louisville logo or any other university images or iconography on personal digital media sites, apps or profiles used for commercial or marketing purposes [an online, personal, resume or Curriculum Vitae, may use the university name as an employer but not as an endorser of you, your product, service, research or any other endorsements (explicit or implied)]. Do not use University of Louisville's name to promote a product, service, cause, political party or candidate. For additional logo and brand usage, visit the University of Louisville Brand Guideline Policies.
- Respect university time and property: University computers and time on the job are reserved for university-related business as approved by supervisors and in accordance with the Internet Acceptable Use Policy and User Accounts and Acceptable Use documents.
- Terms of service: Obey the Terms of Service of any digital media, social media or mobile platform.
- The University of Louisville prohibits the use of advertising, promotion or endorsement of third parties on the university web or digital properties and other official university communication, including email, social media or other digital media without prior approval from the Office of Communications and Marketing (sponsorship approval). Additionally, the university prohibits the posting of any symbols or logos of third parties on the university's website or digital properties without the approval from the third party and the Office of Communications and Marketing. Advertising on official university properties or communication may be considered a violation of UBIT policies.
INSTITUTIONAL DIGITAL MEDIA
If you post on behalf of an official university unit, the following policies must be adhered to in addition to all policies and best practices listed above:
- Notify the university: Departments or university units that have a digital presence or would like to start one should contact the Office of Communications and Marketing (OCM) at 502-852-2670 or email web@louisville.edu to ensure all institutional digital media sites coordinate with other University of Louisville sites and their content. All institutional pages must have a full-time appointed employee who is identified as being responsible for content and one full-time employee as a backup. We will verify your employment and that you are authorized by the department to run the social media, web site or mobile app profile. Ideally, this should be the unit head of the department. Both administrator email addresses must be provided to OCM for inclusion in the University Notification and Presidential posting email notices. Administrators may or may not post the notices unless mandated by the President. The purpose of the notices is to ensure that all students, faculty and staff are given the same information from all University outlets.
- Acknowledge who you are: If you are representing The University of Louisville when posting on a digital media platform, acknowledge this.
- Have a plan: Departments should consider their messages, audiences, and goals, as well as a strategy for keeping information on digital media sites or mobile apps up-to-date. The Office of Communications and Marketing can assist and advise you with your digital media planning.
- Link back to the university: Whenever possible, link back to the University of Louisville site. Ideally, posts should be very brief; redirecting a visitor to content that resides within the University of Louisville web environment. When linking to a news article about the University of Louisville, check first to see whether you can link to a release on UofL Today (http://louisville.edu/uofltoday) instead of to a publication or other media outlet.
- Protect the institutional voice: Posts on digital media sites should protect the university's institutional voice by remaining professional in tone and in good taste. No individual University of Louisville unit should construe its digital media site(s) or profiles as representing the university as a whole. Consider this when naming pages or accounts, selecting a profile picture or icon, and selecting content to post—names, profile images, and posts should all be clearly linked to the particular department or unit rather than to the institution as a whole.
- Email policies are included within the ITS Internet Acceptable Use Policy and ITS Electronic Data and Voice Mail Disclosure Policy. Any email distributed to a large number of internal faculty or staff must be approved by John Drees in the Office of Communications and Marketing. Email directed at the students (internally) must be approved by the Bursar's office and the Bursar plus the Office of Communications and Marketing must approve any bulk external communication with students.
INSTITUTIONAL DIGITAL MEDIA COMMENT POLICY
- We expect conversations to follow the rules of polite discourse and we ask that participants treat each other, as well as our employees, with respect. In the event you are posting content that is contrary to these policies, you may be asked to remove the University of Louisville's name(s) or identities from any and all of your personal profiles, immediately, upon request. University employees will not post or approve post comments that include:
- Profanity and vulgar or abusive language.
- Threats of physical or bodily harm.
- Sensitive information (for example, information that could compromise public safety, intellectual property, research policy or national security).
- For the benefit of robust discussion, we ask that comments remain "on-topic," when you post or approve posts. This means that comments will be posted only as they relate to the topic being discussed/viewed/played/displayed. University employees will not post comments that include:
- Off-topic comments (if you have off-topic comments that are relevant to the department, organization or group please submit them directly to the group, not on an off-topic public platform).
- Questions from the media (please contact the Office of Communications and Marketing if there is a post by the media which needs to be addressed 502-509-2218).
- University digital media sites should not permit friends, followers or the general public to create new posts. For example, Facebook and blog pages or accounts should not give ‘everyone,' ‘friends' or ‘followers' access to their wall or the ability to post. These opportunities open the University to legal, libel and regulatory concerns that are not necessary. Notwithstanding the liabilities, if you choose to allow public posts, we require the digital media account/profile administrators to be constantly vigil about monitoring and declining content (immediately or as quickly as possible) that does not meet the standards outlined in these policies.
- Identical comments by the same user (please don't post or approve comments submitted over and over expecting the post to show up faster) or multiple users (a group of people sending identical messages or one person submitting under different aliases). In the case of identical comments, you should approve the first submission unless you have specifically requested the comment as part of a challenge, contest or promotion.
- Profanity and vulgar or abusive language.
- Threats of physical or bodily harm.
- Sensitive information (for example, information that could compromise public safety, intellectual property, research policy or national security).
- Off-topic comments (if you have off-topic comments that are relevant to the department, organization or group please submit them directly to the group, not on an off-topic public platform).
- Questions from the media (please contact the Office of Communications and Marketing if there is a post by the media which needs to be addressed 502-509-2218).
- University digital media sites should not permit friends, followers or the general public to create new posts. For example, Facebook and blog pages or accounts should not give ‘everyone,' ‘friends' or ‘followers' access to their wall or the ability to post. These opportunities open the University to legal, libel and regulatory concerns that are not necessary. Notwithstanding the liabilities, if you choose to allow public posts, we require the digital media account/profile administrators to be constantly vigil about monitoring and declining content (immediately or as quickly as possible) that does not meet the standards outlined in these policies.
- Identical comments by the same user (please don't post or approve comments submitted over and over expecting the post to show up faster) or multiple users (a group of people sending identical messages or one person submitting under different aliases). In the case of identical comments, you should approve the first submission unless you have specifically requested the comment as part of a challenge, contest or promotion.
DIGITAL MEDIA POLICY NOTIFICATION
Digital media websites each have their own terms & conditions and/or policies, all UofL employees must adhere to these policies if they choose to use the social media platforms. Not following these policies/terms may lead to the removal of your social media account and may adversely affect or reflect poorly upon other areas of the University. Please keep up to date on your social media platform policies/terms.
Related Information:
BEST PRACTICES
This section applies to those posting on behalf of an official university unit, though the guidelines may be helpful for anyone posting on digital media in any capacity.
- Think twice before posting: Privacy does not always exist in the world of digital media. Consider what could happen if a post becomes widely known and how that may reflect both on the poster and the university. Search engines can turn up posts years after they are created, and comments can be forwarded or copied. If you would not say it at a conference or to a member of the media, consider whether you should post it online. If you are unsure about posting something or responding to a comment, ask your supervisor for input or contact the Office of Communications and Marketing (OCM) at 502-852-2670.
- Strive for accuracy: Get the facts straight before posting them online or through mobile applications. Review content for grammatical and spelling errors. This is especially important if posting on behalf of the university in any capacity. (See "Institutional social media" below.)
- Be respectful: Understand that content contributed to a digital media site or mobile app could encourage comments or discussion of opposing ideas. Responses should be considered carefully in light of how they would reflect on the poster and/or the university and its institutional voice.
- Remember your audience: Be aware that a presence in the digital media/mobile app world is or easily can be made available to the public at large. This includes prospective students, current students, current employers and colleagues, and peers. Consider this before publishing to ensure the post will not alienate, harm, or provoke any of these groups.
- On personal sites, identify your views as your own. If you identify yourself as a University of Louisville faculty or staff member online, it should be clear that the views expressed are not necessarily those of the institution.
- Photography: Photographs posted on social media sites easily can be appropriated by visitors. Consider adding a watermark and/or posting images at 72 dpi and approximately 800x600 resolution to protect your intellectual property. Images at that size are sufficient for viewing on the Web, but not suitable for printing. Remember that the policies of the University of Louisville Creative Services (including photography) related to purchasing and using their images apply online as well as in print. Contact Creative Services Photography at 502-852-8117 with questions.
External digital media terms (this may not be up to date, visit the sites for the most up to date policies/terms).
http://Facebook.com
Please note that your use of these tools is pursuant to the UofL Electronic Records Retention policy.
http://louisville.edu/library/archives/recmgmt/elecmgmt.html
The Office of Communications and Marketing updates monthly, the information and any training material that relate to digital media and online. You can find the most up to date information, training course (OCMu) schedule and resources by visiting http://louisville.edu/ocm
This policy works in conjunction with the following policies:
University of Louisville IT Policies http://louisville.edu/it/policies/policies
Employee Code of Conduct http://louisville.edu/compliance/ico/code-1
Student Code of Conduct http://louisville.edu/dos/students/codeofconduct
Sexual & Discrimination Policies http://louisville.edu/hr/employeerelations/discrimination-and-harassment
Athletics' privacy policy http://www.sidearmsports.com/privacypolicy/
Viewpoint Neutrality Policy https://louisville.edu/policies/policies-and-procedures/pageholder/pol-viewpoint-neutrality
Policy Reasoning:
This policy provides rules for communication on university website properties as well as content creation, communication and posting on third-party sites, including but not limited to social networks, blogs, forums, boards or other sites that permit posting or publishing content.
Definitions:
- Digital Media is all digitized content that can be transmitted over the internet or computer networks. This can include code, text, audio, video, and graphics. This means that news from a TV network, newspaper, magazine, etc. that is presented on a Web site or blog can fall into this category.
- Social Media:
- SnapChat
- Vine
- Periscope
- Meerkat
- YikYak
- Secret
- Whisper
- Kik, WhatsApp
- All other public or private ‘social networks,' communities, boards or sites
- Websites, blogs or publications:
- Louisville.edu
- UofLnews.com, UofLBlog.com
- WordPress.com
- All other websites available to the public or a large private community
- SnapChat
- Vine
- Periscope
- Meerkat
- YikYak
- Secret
- Whisper
- Kik, WhatsApp
- All other public or private ‘social networks,' communities, boards or sites
- Louisville.edu
- UofLnews.com, UofLBlog.com
- WordPress.com
- All other websites available to the public or a large private community
Responsibilities:
Individuals are responsible and liable for their own personal or university posts (of any kind and on any site).
Departments, schools or originations are responsible for monitoring and policing their own websites, social media profiles or other online publications, including all statements, images or videos.
Any party using digital technology (Wi-Fi, cellular networks or wired connections) to transmit data, save data or control Drone, remote controlled or unmanned aircraft systems must abide by FAA regulations (faa.gov/uas) and rules located on the FAA Website (click text for link) and contact web@louisville.edu for approval to fly.
The Office of Communications and Marketing (OCM) oversees the President's website, Louisville.edu and the main university (academic) social media and news or media (Flickr, YouTube, Vimeo, etc.) websites and monitors trending topics, issues and policy violations as they are able. OCM will contact all policy violators and work toward a resolution.
Official University Administrative Policy
Policy Name:
Open Records Inspection of University Records by the Public
Effective Date:
July 15 1976
Policy Number:
UARC 2 00
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
University records are subject to inspection by the public in accordance with the Kentucky Open Records Act (KRS 61.870-61.884).
Related Information:
The University Archives and Records Center is the official repository for all University records and is responsible for the University's compliance with state and federal records laws, including those governing personal privacy; public access; micrographic, photographic, or electronic storage and reproduction; overall disposition; and destruction. The University Archivist shall serve as the official custodian of University records.
The University Archives and Records Center shall preserve proper and adequate documentation of University policies, decisions, procedures, functions, and essential transactions.
Policy Reasoning:
Kentucky Open Records Act (KRS 61.870-61.884)
Definitions:
Kentucky law defines public records as "all books, papers, maps, photographs, cards, tapes, disks, diskettes, recordings, and other documentary materials, regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency" (KRS 171.410, Section 1). The Kentucky Open Records Act mandates that "public records shall be open for inspection by any person, except as otherwise provided by KRS 61.870-61.884" (KRS 61.872).
Responsibilities:
The University Archivist serves as the official custodian of University records. The Open Records Team responds to all Open Records requests.
Official University Administrative Policy
Policy Name:
Immigration Reform and Control Employment Eligibility Verification
Effective Date:
May 1 1992
Policy Number:
PER 1 09
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
All new University of Louisville employees must provide proof of identity and eligibility to work.
Related Information:
ACCEPTABLE DOCUMENTS FOR IMMIGRATION FORM I-9
A. For establishing both identity and employment eligibility, an employee may use:
- A United States Passport; or US Passport Card.
- Permanent Resident Card or Alien Registration Receipt Card (Form I-551).
- Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa.
- Employment Authorization Document that contains a photograph (Form I-766).
- In the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I-94 or Form I-94A bearing the same name as the passport and containing an endorsement of the Alien's nonimmigrant status, as long as the period of endorsement has not yet expired and the proposed employment is not in conflict with any restriction or limitations identified on the form.
- Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI.
B. For establishing identity only, an employee may use:
- A state-issued driver's license or identification card containing a photograph, or, if the document contains no photograph, identifying information such as name, date of birth, sex, height, color of eyes, and address.
- ID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address.
- School Id card with a photograph.
- Voter registration card.
- U.S. Military card or draft record.
- Military dependent's ID card.
- U.S. Coast Guard merchant Mariner Card.
- Native American tribal document.
- Driver's license issued by a Canadian government authority.
For a person under age 18 who are unable to present a document listed above:
10. School record or report card.
11. Clinic, doctor, or hospital record.
12. Day-Care or nursery school record.
If such a document is relied upon, the employer must also inspect a document establishing employment eligibility, (listed below).
C. For establishing employment eligibility only, an employee may use:
- Social Security Card other than one that specifies on the face that the issuance of the card does not authorized employment in the United States.
- Certification of Birth Abroad issued by the Department of State (Form FS-545).
- Certification of Report of Birth issued by the Department of State (Form DS-1350).
- Original or certified copy of birth certificate issued by a state, county, municipal authority, or territory of the United States bearing an official seal.
- Native American Tribal document.
- U.S. Citizen Id Card (Form I-197).
- Identification Card for Use of Resident Citizen in the United State (Form I-179).
- Employment authorization document issued by Department of Homeland Security.
If such a document is relied upon, the employer must also inspect a document establishing identity, (listed in section B., above).
Policy Reasoning:
The Immigration Reform and Control Act of 1986 (IRCA) requires the university to document the fact that any employee hired after November 6 1986, is legitimately authorized to work in the United States. This act also prohibits the university from discriminating against potential employees on the basis of nationality.
IDENTIFICATION AND EMPLOYMENT REQUIREMENTS
The IRCA requires the university to maintain paperwork affirming that all new employees hired have presented proof that they are eligible for employment in the United States. The employee is required to check certain documents relating to identity and work authorization and maintain on file a new Employment Eligibility Verification, (INS I-9 Form), and must certify his or her status as either a citizen or an authorized alien on or before date of employment. If the employee does not produce the required documents prior to the first day of work, he or she must produce them no later than three working days after the employee's date of employment. If an employee who is hired for three or more days is unable to provide the document(s) within the required time period, the employee can still satisfy the requirements by presenting to the employer a receipt showing application for the document(s) within three working days of appointment, as long as the document(s) are then presented within 21 days of the date of employment by the employing unit. Civil fines may be levied for failure to maintain required records; civil and criminal penalties may be levied for employing illegal aliens.
VIOLATION
Persons who use fraudulent identification or employment authorization documents or documents that were lawfully issued to another person, or who make a false statement or attestation to satisfy the employment eligibility verification requirements, may be fined, or imprisoned for up to 5 years, or both. Other federal criminal statutes may provide higher penalties in certain fraud cases.
FAILURE TO COMPLY
Immigration Service requirements specify that all appropriate blocks must be checked where applicable. Proper signatures of the employee and employer, along with employer's name, address, and effective dates must be provided. Failure to complete these sections of the document may invalidate the process and be in violation of government provisions.
policy
Military Leave
Official University Administrative Policy
Policy Name:
Military Leave
Effective Date:
May 1 1992
Policy Number:
PER 4 08
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
A. Military Leave
An employee ordered to uniform service, upon presentment of military orders to the employee's immediate supervisor, shall fill out a Request for Leave form and be placed on military leave. While on military leave, the employee is entitled to reemployment without loss of leave, seniority, or rate of pay pursuant to provisions of this policy.
1. Additionally, while on military leave, employees shall receive up to 21 calendar days of paid leave in a federal fiscal year (21 calendar days equate to 15 working days based on UofL's five-day workweek). All other military leave shall be unpaid. However, at the employee's option, the employee may request use of vacation leave in order to remain in pay status. However, an employee may not be required to use vacation leave.
2. While on military leave, an employee may request to use any vacation leave, sick leave, or other leave with pay accrued by the person before the start of military leave.
B. Insurance
An employee on military leave may elect to continue health and other insurance coverage once the leave becomes unpaid. A person who elects to continue health and other insurance coverage shall not pay more than 102 percent of the full premium under the plan except that in the case of an employee who is on military leave for less than 31 days shall not be required to pay more than the employee share of the insurance premium. The maximum period of coverage of a person and the person's dependents under such an election shall be the lesser of:
1. The 18-month period beginning on the date on which the military leave begins; or
2. The day after the date on which the person fails to apply for or return to employment after completion of military service.
C. Reemployment Rights
An employee on military leave shall be entitled to the reemployment if the employee has given written or verbal notice that the employee intends to return to work.
1. No notice is required if the giving of such notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable.
2. A person entitled to reemployment shall be reemployed in the position that the employee held before the uniform service or to one comparable in pay and status.
If the employee is not qualified to perform the duties of the former or comparable position due to disability sustained during uniform service, the employee shall be placed in another position for which the employee is qualified and which will provide closest pay and status as the former position.
D. Benefits Upon Return to Work
A person who is reemployed is entitled to the seniority, rate of pay, and other rights and benefits that the person had on the date of the commencement of uniform service and would have had if the person had remained continuously employed.
A person reemployed may elect to make voluntary contributions to the retirement program in order to receive the employer matching contribution for the time the person was on military leave. The time period for electing to make a voluntary contribution to the retirement program in order to receive the employer matching contribution shall commence from the date of reemployment and end no sooner than three times the period (not to exceed five years) of the military leave.
E. Reporting To or Expressing Interest To Return to Work
An individual desiring to return to work after completion of uniform service shall report to work or provide notice of intent to return to work pursuant to the provisions of this policy.
Notice shall be given according to the following timeline upon completion of service:
1. For a period of service less than 31 days, the employee shall report to work no later than the beginning of the first full regularly scheduled work day following the completion of service plus any reasonable travel time;
2. For a period of service more than 30 days but less than 181, the individual shall submit a letter of intent to return to work no later than 14 days after the completion of the service;
3. For a period of service for more than 180 days, the individual must submit a letter of intent to return to work no later than 90 days after the completion of service.
A person who is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of service in the uniformed services shall report to work a letter of intent to return to work within two years. Such two-year period shall be extended by the minimum time required to accommodate the circumstances beyond such person's control which make reporting to or applying for work impossible or unreasonable.
A person who fails to report or apply for employment or reemployment within the appropriate period specified in this subsection shall be terminated according to the provisions of Policy 4.14 Separations.
The letter of intent to return to work shall be submitted to the Vice President or Dean and copied to the Vice President of Human Resources. Affixed to the letter of intent to return to work shall be a copy of the order(s) which indicate dates of uniform service as well as a certificate of satisfactory completion of the service.
F. Limitations on Reemployment Right
The cumulative length of the absence because of service in the uniformed services does not exceed five years. Except that any such period of service shall not include any service:
1. That is required, beyond five years, to complete an initial period of obligated service;
2. During which such person was unable to obtain orders releasing such person from a period of service in the uniformed services before the expiration of such five-year period and such inability was through no fault of such person;
3. To fulfill additional training requirements to be necessary for professional development, or for completion of skill training or retraining; or
4. Ordered to or retained on active duty (other than for training) under any provision of law because of a war or national emergency.
There will be no obligation to reemploy the individual if the reemployment would be impossible, unreasonable, or would pose an undue hardship.
Reemployment rights accrue for regular employees. Temporary or casual employees do not have reemployment rights.
A person is not entitled to benefits and protections of this policy if they receive anything other than honorable discharge from the uniform service.
G. Prohibited Discrimination
A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment on the basis of that membership, application for membership, performance of service, application for service, or obligation.
An employee shall not be discharged, except for cause, within one year after the date of reemployment.
It is the policy of the University of Louisville to promote a sense of collegiality and community among UofL staff by permitting administrators and staff employees to voluntarily contribute vacation or sick leave to fellow staff employees who would otherwise suffer a loss of regular income due to a personal or family catastrophic illness.
Employees are eligible to apply for up to 12 weeks of Catastrophic Shared Leave, after 12 months of continuous service, equivalent to Family Medical Leave eligibility.
University employees and administrators (even though administrators are not eligible to apply for leave awards) may donate their accrued sick or vacation leave to the Catastrophic Shared Leave Pool. Employees and administrators who voluntary donate leave will not receive payment of any kind for their donation.
Related Information:
38 USC Section 4303 Uniformed Services Employment and Reemployment Act of 1994 (USERRA)
KRS 61.373 through 61.377
Policy Reasoning:
The purpose of this policy is to protect employees from detrimental employment decisions based upon the employee's military commitments by establishing Military Leave in accordance with the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and applicable Kentucky laws.
Definitions:
Notice: Any written or verbal notification of an obligation or intention to perform service in the uniformed services provided by the employee who will perform such service or by the uniformed service in which such service is to be performed.
A. Employee: Any full or part-time regular person employed by the University of Louisville.
B. Federal Fiscal Year: A federal fiscal year is October 1 through September 30.
C. Service in the Uniformed Services: The performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority. Service includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty, and a period for which a person is absent from employment for the purpose of performing funeral honors duty.
D. Uniformed Services: The Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or national emergency.
policy
Overtime
Official University Administrative Policy
Policy Name:
Overtime
Effective Date:
May 1 1992
Policy Number:
PER 3 06
Policy Applicability:
This policy applies to University Staff
Policy Statement:
For classified employees, approval of the provost, vice president, dean, director, or department/division head is necessary to authorize work performed beyond normal working hours.
To comply with legal requirements, compensation for extra hours actually worked in excess of 40 hours in any workweek must be made by providing compensation at time-and-a-half of the regular rate no later than the end of the next pay period.
In no case shall premium pay for overtime and holiday leave be pyramided or duplicated.
It is expected that professional/administrative employees' working hours, duties, and responsibilities to the university may vary. Such variations are not a basis for additional pay (PER-4.02 Hours of Work).
Related Information:
policy
Pay Adjustments
Official University Administrative Policy
Policy Name:
Pay Adjustments
Effective Date:
May 1 1992
Policy Number:
PER 3 05
Policy Applicability:
This policy applies to University Staff
Policy Statement:
Subject to the Board of Trustees' funding in the annual or amended budget, adjustments may be made to the pay range and individual employee compensation. Pay increases shall normally become effective July 1, or at other times as determined by the university.
PAY RANGE ADJUSTMENTS
Each year the university will make a determination regarding the movement of the pay range. This determination will be based upon:
- The percentage of change within the pay ranges of benchmark or appropriate labor markets;
- The current competitive status of the university's pay ranges to include minimums, midpoints, and maximums; and
- The financial means of the university.
AVERAGE PERCENTAGE INCREASES FOR EMPLOYEES
Each year the university will decide the amount, if any, to be given to employees for salary adjustments. This increase will reflect the available dollars to fund both general and/or performance increases and will take into account the same criteria stated above. Following the establishment of the annual average increase percentage, a determination will be made regarding the amount of the funds allocated to general increases and/or performance increases.
- General Increases
The general increase amount is normally given to all staff employees so long as the resulting base pay is not above maximum of the assigned pay range. An employee whose performance is considered unsatisfactory is not eligible for a general increase except as required to comply with the established minimum. - Performance Increases
- Performance increases awards shall be recommended by the supervisor, subject to approval by the vice president/dean. Human Resources and the Office of Budget and Planning will promulgate the guidelines and timelines for distribution of performance increases each fiscal year. Each regular employee may be considered for a performance award in accordance with the guidelines established for performance awards.
- Adjustments to an employee's base pay will be limited to the maximum of each pay range. Any compensation beyond the maximum for the pay range must be based on performance. Such compensation will be paid in one payment and will not be included in the employee's base pay. Such compensation requires the approval of the Vice President for Human Resources.
- Performance increases awards shall be recommended by the supervisor, subject to approval by the vice president/dean. Human Resources and the Office of Budget and Planning will promulgate the guidelines and timelines for distribution of performance increases each fiscal year. Each regular employee may be considered for a performance award in accordance with the guidelines established for performance awards.
- Adjustments to an employee's base pay will be limited to the maximum of each pay range. Any compensation beyond the maximum for the pay range must be based on performance. Such compensation will be paid in one payment and will not be included in the employee's base pay. Such compensation requires the approval of the Vice President for Human Resources.
SPECIAL ADJUSTMENTS
Special increases, as the budget allows, may be granted during the fiscal year in recognition of exceptional market factors or internal equity. Such increases require the approval of the Vice President for Human Resources.
PAY INCREASES UPON PROMOTION
- When an employee is promoted, the unit head may request a promotion increase normally not exceeding eight percent (8%) beyond the employee's current salary or pay rate or to the minimum of the pay range for the new classification, whichever is greater. Promotional increase in excess of the above may be authorized by the Human Resources Department based on training, education, experience and internal equity. The promotion increase may not be above the maximum of the pay range for the new classification.
- Promotion increases are not retroactive, but will become effective on the date of the promotion following appropriate approvals.
PAY INCREASES UPON RECLASSIFICATION
- A pay increase resulting from reclassification occurs when the position which an employee occupies is assigned to a different grade in a higher pay range. The reclassification and pay increase will become effective with the first day of the pay period closest to the implementation date established by the university.
- Increases will normally not exceed eight percent (8%) beyond the employee's current salary or pay rate, or to the minimum of the pay range for the new classification, whichever is greater. The increase may not be above the maximum of the pay range for the new classification.
PAY UPON DEMOTION
Upon demotion, the individual's salary may be reduced. Rate on demotion is reviewed on an individual basis and must be approved by the Vice President for Human Resources.
PAY UPON TRANSFER
A transfer normally will be made at the same rate of pay, but not below the minimum rate for the class to which the employee is transferred.
Definitions:
Official University Administrative Policy
Policy Name:
Printers Copiers and Printing Services
Effective Date:
April 1 2021
Policy Number:
PUR 42 00
Policy Applicability:
This policy applies to all students employees and visitors who use any form of print including networked or directly connected multifunction devices single function workgroup devices desktop devices toner ink paper supplies and services owned or leased by the University of Louisville or supplied by a third party
Policy Statement:
The University of Louisville (University or UofL) has contracted all print services according to state law, to Canon Services America (Canon). Canon is the exclusive provider of print/copy equipment and services to the University. This includes print and copy hardware, support services, and supplies for multifunction print devices only. Employees, students, and visitors are required to use print services and equipment provided by Canon. University funds, including funds from
University of Louisville Research Foundation and the University of Louisville Athletics
Association shall not be used to pay for desktop printers or personal
printing. Employees may use Cardinal Cash to pay for personal printing. Exceptions
to this policy may be approved for special circumstances only (see below for Policy
Exceptions).
Existing single function/desktop printers or other devices may continue to be used until they are non-functioning and they do not have a valid warranty to cover repairs or replacement. Toner/ink and paper for existing single function and desktop printers
are not to be provided by Canon. Toner/ink for single function/desktop printers must be purchased from the contracted office supply vendor. All paper must be purchased from the Stockroom. Monochrome two-sided printing should be the default settings on all devices. Color and/or single sided printing may be used as needed but should not be the default setting.
Canon is responsible for ensuring printer hard drives are set to automatically erase
stored files daily and secure print used with authenticated card access. Direct print may be used if
the device is contained within an enclosed and monitored environment so printed output is not easily
viewed by or accessible to unauthorized individuals. Printing or copying of sensitive and/or
confidential information (e.g. FERPA, HIPAA, KRS 61.931-934, Gramm Leach Bliley/financial
information) must be compliant with applicable privacy and security laws and University policies.
The individual creating, copying, or directing the creating or copying of a work that contains
sensitive and/or confidential information is responsible for ensuring compliance with applicable
privacy and security laws and University policies.United
States copyright laws govern the printing, copying, and distribution of copyrighted materials in the US. Printing, copying, or distributing copyrighted works lawfully requires permission from the copyright owner(s), a valid license to make use of the copyrighted work(s), or complying with the requirements of specific exceptions in US copyright law (e.g. fair
use, library
activities, or other applicable exceptions). Individuals subject to this policy must ensure
compliance with applicable copyright laws governing their planned printing, copying and/or
distribution activity.
POLICY EXCEPTIONS
Shared networked work group
printers and/or multifunction devices shall be used in all cases unless special circumstances (see
definitions) clearly justify a need for an exception to use a single function/desktop printer or
other device. To submit an exception request, the requester's Department Head, Dean, or Chair must send an email to Lisa Ennis, Director of Auxiliaries and Asset Management, for review and consideration.
COMPLIANCE
Failure to
comply with this policy, other applicable policies, and/or laws may result in disciplinary action
and/or legal consequences.
Related Information:
Information Security Responsibility Policy
Procedures for Charging Canon Print Costs to Sponsored Programs
Kentucky Revised Statutes (KRS) - Printing
57.011 State printing done under contract -- Classes of printing
57.021 Printing by state agency -- Restrictions
57.091 Contracts approved by Governor
Policy Reasoning:
This policy is established to promote efficient and effective document management, minimize time, effort and funds expended on printing, ensure compliance with state statutes and federal regulations, preserve data security, and address sustainability.
Definitions:
Special Circumstances are defined as a physical limitation, an isolated location, or a unique
situation that do not allow for or is not conducive for the use of a shared
device.
Print/Printing/Print Services is defined as print and duplication services including
the provision and maintenance of multifunction devices used in offices, vended printing in
libraries, computing centers and public spaces, operation of the campus print shop, mail room, and
sourcing of outside print services.
Responsibilities:
Contract Administration and Procurement Services is responsible for the printing services contract
and this policy and Canon is responsible for the delivery of Print and Mail
Services.
University employees, students, and visitors are responsible for complying with
this policy.
Official University Administrative Policy
Policy Name:
Title IX Student Sexual Misconduct Policy
Effective Date:
August 12 2020
Policy Applicability:
This policy applies to all members of the University of Louisville University community including employees students non University employees participating in University related activities or programs third party contractors and vendors and visitors if the Respondent is a student and the jurisdictional requirements of Title IX are met If the Respondent is an employee the report will be reviewed and addressed in accordance with the University s Title IX Employee Sexual Misconduct Policy If the Respondent is a third Party the Report will be routed to the University of Louisville Police Department ULPD for resolution which may include criminal or administrative responses
policy
Sanction Policy
Official University Administrative Policy
Policy Name:
Sanction Policy
Effective Date:
July 23 2007
Policy Number:
ISO 005 v2 0
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
The University of Louisville requires that users of university computing infrastructure, devices or data comply with all applicable laws, regulations, statutes and university policies relating to information security and information technology. The University must be prepared to respond fairly and appropriately (1) to violations of law, regulation or university policy relating to information security, (2) when questionable or unacceptable computing practices occur, or (3) where there is non-compliance with information security policy requirements or with reasonable requests for action or cooperation necessary to implement the university's information security policies. Lack of compliance will result in sanctions or other appropriate action.
Related Information:
Organizational Responsibilities:
UofL Faculty, Staff, Students and other Users
Knowledge of violations or of non-compliance with information security policies must be immediately reported to the University's Information Security Office (ISO) as well as the appropriate administrator for the department or unit in which the violation occurred. Individuals who wish to remain anonymous may contact the University's Compliance Helpline. See ISO PS006 Security Incidents for more information.
The ISO will work with the reporter to determine the administrative level at which the initial advisory should occur and whether other university areas such as Institutional Compliance, Information Technology or the Information Security Incident Response Team (ISIRT) should be notified. The ISO can be reached at isopol(@)louisville.edu. Technology specific violations can be reported to the University's Computer Incident Response Team (ULCIRT) at SecureIT@louisville.edu or, if the violation has potentially serious consequences and requires immediate attention, the violation should be reported to the ITS Help Desk at 502-852-7997 with priority one status requested.
ISIRT/ULCIRT
The University has identified the ISIRT and ULCIRT teams as its authority in developing response plans to information security and technology policy violations and serious security incidents. The teams consist of personnel from the Information Security Office and Enterprise Information Technology. The appropriate team will assess the reported violation and/or incident using an established procedural framework. This framework has been established to apply a consistent methodology to all assessments. Goals of the framework include:
- Documentation of the reported violation or incident;
- Preservation of evidence;
- Impartial assessment of the accuracy of the reported violation or incident, including hearing the particulars from the personnel apparently responsible for the violation;
- Possible escalation of the violation or incident to Human Resources, UofL Department of Public Safety, outside authorities or others;
- Containment and mitigation of the violation or incident;
- Remediation of the violation or incident; and
- Imposition or recommendation of sanctions if and as appropriate.
Established procedures and guidelines are followed when investigating reported policy violations and security incidents.
Corrective actions and sanctions applied pursuant to this policy shall not supersede or impede any regulatory authority conferred upon other compliance oversight offices at the University of Louisville to apply sanctions or take other corrective actions appropriate to their authority. Corrective actions and sanctions applied pursuant to this policy do not supersede any sanctions imposed by external regulatory bodies.
Corrective Actions and Sanctions Available:
Corrective actions and sanctions available to the University in those circumstances where a violation or non-compliance of information security or technology policy has occurred include, but are not limited to:
- Imposition of a requirement to obtain additional appropriate training;
- Temporary suspension or permanent revocation of computing accounts or computing access rights at the University;
- Requirement to bring self, unit, department or school managed computing resources up to specified and on-going standards or place these resources under the management of the information Technology Department;
- Imposition of a mandate and timetable for corrective or remediating action;
- Letter of Reprimand placed in personnel file;
- Loss of improperly collected data;
- Requirement to make financial restitution;
- Suspension of some or all activities at the University;
- Any action that may be required by applicable law, regulation or contract;
- Any other disciplinary actions available as corrective action in a case of inappropriate behavior by a student, faculty member, staff, administrator or other employee up to and including termination; and
- When appropriate and warranted, a department or unit may be held accountable for fees, charges, fines, or expenses incurred or resulting from or related to any such violation or non-compliance where the unit or department is deemed in whole or part responsible.
Related Links/Information:
The Redbook of the University of Louisville (http://louisville.edu/provost/redbook)
Human Resources Staff Disciplinary Policy
Policy Reasoning:
Sanctions are a requirement of many information security laws and regulations. Sanctions also encourage following the policies, standards and procedures promulgated to help the university maintain the confidentiality, integrity and availability of the university's information and computing infrastructure.
Definitions:
Users - Includes students, faculty, staff, administrators and other employees of the University of Louisville and its affiliated entities and any other individual having a computer account, email address or utilizing the computer, network or other information technology services of the University of Louisville.
Responsibilities:
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
Conflict of Interest and Commitment
Effective Date:
January 2011
Policy Applicability:
This policy applies to the University Community trustees administrators faculty staff and students and its Statutory Affiliates
Policy Statement:
The University commits to teaching, serving, working, and conducting Research with integrity and free from unmanaged Actual or Apparent Conflicts. Covered Persons have a duty to Support University education, Research, and service missions with their primary commitment of time and intellectual energies. Personal Gain from external ventures or Financial Interests must not influence the decisions or actions of Covered Persons in performing University Responsibilities. Covered Persons must not act or make decisions on behalf of the University if Personal Gain, Interest, or advantage could influence (directly or indirectly) judgment in performing University Responsibilities.
No list of rules can provide direction for all the varied circumstances that may arise. The University reserves the right to address any internal or external circumstance that creates an Actual or Apparent Conflict with University Responsibilities. Covered Persons should discuss questions about conflicts with the University Conflict of Interest and Commitment Office (COIC Office).
CONFLICT OF INTEREST
Conflicts of Interest arise when personal or private considerations (financial or nonfinancial) compromise University priorities and interests. Covered Persons of the University shall exercise good faith and integrity in all transactions involving and/or relating to University Responsibilities and University's property. Personal Gain must not unduly influence the decisions or actions of Covered Persons or the University in fulfilling University Responsibilities.
The University will exercise oversight and care in removing or Managing Actual or Apparent Conflicts that arise because of a Covered Person's Interest related to their University Responsibilities. The University will not allow contracts, Gifts, buying, or other dealings to create an unmanaged Actual or Apparent Conflict.
Covered Persons must not exploit University faculty, staff, students, or administrators for Personal or Private Gain.
CONFLICT OF INTEREST IN EMPLOYMENT (NEPOTISM)
Covered Persons must comply with the University Conflict of Interest in Employment (Nepotism) Policy.
BUSINESS OPERATIONS
Covered Persons conducting affairs for the University, including hiring, and buying, must do so in an objective and ethical manner. This includes a Covered Persons use of a ProCard for buying goods or services for the University.
Covered Persons cannot make University contract decisions with an individual/ Entity under contract with the University owned or controlled by a Relative.
Covered Persons, acting in their private capacity, cannot rent, lease, or sell any realty, goods, or services to the University; this includes engaging a Relative as an independent contractor, subcontractor, or consultant.
Covered Persons or their Relatives must not provide an external party access to University programs, services, information, or technology without prior institutional approval.
Covered Persons making University contract decisions cannot have a familial or close personal relationship with an individual/ Entity under contract with the University. This includes but is not limited to developing specification or procurement standards, rendering advice, investigating, or auditing University contracts.
For transactions involving endorsement, print or digital media, use of UofL branding, etc., the COIC Office, the Office of Communications and Marketing, and appropriate University leadership must review and approve of involving Covered Persons in Entity marketing.
GIFTS
Covered Persons may not seek Gifts, cash or special favors (including cash equivalents, meals, loans, rewards, promises of future employment, services or entertainments) from current or prospective Vendors, current or prospective subordinate employees, or current or prospective students. Covered Persons should not accept proffered Gifts when:
- The individual or Entity offering the Gift has a current or future business relationship with the University;
- The Covered Person receiving the Gift has authority or influence over the current or future individual or Entity doing business with University;
- The Gift offered is cash or cash equivalent of any amount;
- The noncash Gift is valued above twenty-five dollars ($25.00); or
- The Gift is offered directly to the Covered Person's Relative.
TEACHING MISSION
Covered Persons must follow unit guidelines when adopting course materials created by the Covered Person, a Relative or the Covered Person's Appropriate Authority. In the cases where no unit guidelines exist, the Covered Person should follow the guidelines of the department in which the course is taught.
Covered Persons with leadership roles in nonprofit professional or scientific societies may take part in programs, meetings, and events that involve University Vendors. The policies and procedures of the society govern these Vendor exchanges.
Covered Persons with University leadership roles must not use their decision-making authority to influence course assignments buyouts for Relatives.
RESEARCH AND CREATIVE MISSION
Covered Persons serving as Investigators or Senior or Key Personnel on University Research may not use or disclose nonpublic Research information and/or technology for Personal or Private Gain.
University professional presentations must not involve Ghostwriting or Gift Authorship. Anyone named as authors must qualify for authorship.
Covered Persons must report SFI, external interests and foreign affiliations in publications (including articles, abstracts, manuscripts submitted for publication), presentations at professional meetings, and applications for funding, as directed.
Covered Persons or Relatives shall not take part in negotiating agreements (Research agreements, license agreements, equipment purchases, etc.) between the University and an Entity in which the Covered Person or a Relative has an Interest.
Covered Persons cannot serve as PI or equal role on University human subjects Research using their licensed technology and may not supervise Covered Persons who serve as PI or equal role on these projects without prior Conflict Review Board (CRB) approval.
Covered Persons with nonprofit professional and scientific society leadership roles may take part in programs, meetings, and events that involve University Vendors. The policies and procedures of the society govern these Vendor interactions.
CLINICAL MISSION
Clinical service provided to patients/clients, as well as the educational environment provided for students, must be free from undue bias and influence of external activities and interests. Covered Persons Supporting the clinical mission must comply with the University of Louisville Health Care Policy on Vendors.
INSTITUTIONAL OFFICIALS AND TRUSTEES
Members of the University Board of Trustees ("Trustees") and Institutional Officials (IOs) have a heightened responsibility to foster an environment that is free from undue external influence. As members of the University leadership team, Trustees and IOs must take a strict approach to avoiding and recognizing Actual and Apparent Conflicts. Trustee or IO actions taken for the University must protect against using a position for Personal or Private Gain. Further, Trustees or IOs must ensure others do not use a Trustee or IO position, whether directly or indirectly, to claim benefits from the University or its faculty, staff, or students.
SMALL BUSINESS CONCERNS (START UP ENTITIES)
Covered Persons are responsible for separating their University Responsibilities for Research and education from their personal or private Financial Interests. Covered Persons must separate and clearly distinguish current University Research from work at the start-up companies or small business concerns (SBC).
Covered Persons should serve in advisory or advice-giving roles at the SBC as opposed to roles with management responsibility. Full-time Covered Persons wishing to engage in a management role, should consider the use of entrepreneurial leave to address Conflict of Commitment concerns. With respect to this requirement, full-time refers to 1.0 Full-Time Equivalent (FTE).
If the Covered Person elects to serve in any SBC roles, the Covered Person may not engage in any University projects related to the SBC without prior CRB approval. The SBC and University must define project personnel, budget, scopes of work and resources of all projects involving the conflicted Covered Person.
Covered Persons or Relatives cannot negotiate with the University for the SBC. Covered Persons must not use University assets for the direct benefit of the SBC without a University approved agreement in place.
Covered Persons involved with an SBC must fully report SBC dealings and ownership to any students, fellows, or trainees working on their Research.
SBCs must have independent capacity to conduct business. SBCs may utilize core facilities if the SBCs pay established, publicized service center rates and have an institutionally approved agreement in place.
A Covered Person cannot contribute to both SBC and University parts of a single project without an approved management plan. This includes serving as an employee or holding a management position in the Start-up, serving as Start-up project team or consultant. Covered Persons may not serve as both the SBC PI and the University subcontract PI.
The University may not subcontract to a Covered Person's SBC, unless University Trustees grant an exception, per Procurement Regulation approved by the Board of Trustees on January 21, 2021. The University may accept Research subcontracts from a Covered Person's SBC (for example STTR, SBIR programs). The SBC objectives must not compete with or impede the Research mission of the University.
Covered Persons must not involve personnel that they supervise, directly or indirectly, at UofL in the SBC's dealings before review by the CRB. Covered Persons must avoid circumstances in which junior personnel might feel expected to Support the SBC.
Personal interests of Covered Persons or commercial Interests of Research sponsors may not impact the training experience and academic progress of University students, fellows, and trainees. Current students, trainees, or fellows asking to take a leave of absence to join the SBC should consult the CRB.
SPECIAL CONSIDERATIONS FOR THE UNIVERSITY
Institutional Financial Interests can be created by gifts, payments, royalty income, equity, and other financial benefits from or interests in for-profit entities. Institutional Financial Interests can also be created by financial and fiduciary interests of University Officials. The presence of an Institutional Financial Interest alone does not constitute an Institutional Conflict of Interest.
The University shall not engage in actions that create an unmanaged Institutional Conflicts of Interest (ICOI).
Philanthropy is important to the University mission. No charitable donation should be dependent on the result of University Research.
The University must not seek or accept gifts that impacts the ability of its researchers to conduct and report results with the highest scientific, medical, professional, and ethical standards.
This policy does not forbid the University from accepting philanthropy from companies that sponsor Research or conduct business with the University. This policy helps the University develop means of identifying and examining such circumstances and managing Actual or Apparent Conflicts of Interest that may result.
The Office of University Advancement, and external investment managers, cannot discuss nonpublic University Research with members of the University community to influence investment decisions. Maintaining this robust "firewall" is essential for ensuring the core activities of the University are not affected, or perceived to be affected, by the University's interests in maximizing the value of its endowment pool.
Individuals must report Actual or Apparent Conflicts of Interest involving philanthropic practices to the CRB or to the COIC Office.
CONFLICT OF COMMITMENT
Covered Persons must comply with institutional requirements regarding work outside the University (Redbook 4.3.3 for Faculty, Redbook 5.6 for Staff, PER1.12 for Administrators).
Covered Persons may use their expertise to advance and share knowledge through collaboration with the public, the community, and external Entities. These actions strengthen performance of University teaching, advance University Research and public service missions, and bring credit to the University.
At the same time, the University has a responsibility to ensure that Covered Persons' external dealings do not inappropriately influence their University actions and decisions.
Covered Persons may engage in Non-University Commitments of a professional, personal, or economic nature that do not conflict or interfere with University interests or with the Covered Person's commitment to the University.
Covered Persons must meet the duties and professional activities that fulfill obligations to their units, departments, and programs.
Covered Persons may not hold a position at any other postsecondary educational institution, independent Research institutes or nonprofit entities while they are Full-time University Employees unless approved under this policy, including online teaching, participation in Foreign Government-sponsored talent recruitment programs, etc. Faculty on non-twelve (12) month appointments must apply these requirements for the term in which they are under contract with the University (nine (9), ten (10), and (11) months respectively).
Covered Persons may not participate in a Malign Foreign Talent Recruitment Program while they are a University Employee. Consulting and joint Research relations are subject to review and prior institutional approval.
When a dual appointment is approved, the Covered Person will list the University as the primary appointment on all Research and scholarly publications, presentations, and contact information.
Funding or Support related to the dual appointment must be reported to the University on the ADF, to OSPA and in funding submissions as needed. This includes all funding or Support from all added sources related to the dual appointment.
Covered Persons cannot use University resources to aid work at the dual appointment. This includes but is not limited to use of University funds (including all types of sponsored program funds (e.g., NIH grant funds), Research infrastructure funds, endowments accounts, gifts, etc.), non-public or confidential Research information or intellectual property, facilities, equipment or personnel, services (e.g., IRB Review) and library subscriptions.
Covered Persons must coordinate travel and coverage of University duties with the Appropriate Authority when dual appointments compel absence from campus.
Covered Persons private interests cannot create a recurring conflict with their University Responsibilities.
Covered Persons may not enter a contractual arrangement, including employment, with an Entity that interferes with their University Responsibilities.
Covered Persons may not engage in use of University time or resources for professional, charitable, or community activities without appropriate University approvals.
Covered Persons or Relatives must not use the Covered Person's position, University assets or resources for Personal or Private Gain.
Covered Persons must not influence or try to influence the actions of colleagues and subordinates with the intent of improving the Covered Person's or Relatives' Interests (financial or nonfinancial).
DISCLOSURE AND MANAGEMENT
Timely and accurate submission of the University's Attestation and Disclosure Form (ADF) is a condition of employment at the University.
Covered Persons must disclose to the Appropriate Authority or administrative officer intent to engage in external activity or employment before such engagement and before a contract or transaction takes place.
Covered Persons must disclose external Interests by the ADF to the COIC Office at least each year or within thirty (30) days of the discovery or gain of a new external interest, for example, through purchase, marriage, or inheritance. Covered Persons will report external interests before an application for sponsored funding as needed by this policy and the sponsoring agency.
The University will manage or eliminate Identified conflicts. The Covered Person shall agree in writing to the approved Management Plan.
The approved Management Plan will be in place before any action subject to influence by the external interest. This includes any related contract, grant, sponsored project (for example, Research, instruction or outreach), dedicated Gift, or other transaction is carried out, or any relationship is started. The Board of Trustees reserve authority to review and approve plans for managing, reducing, or eliminating Actual or Apparent Conflicts of Interest and Commitment involving the University president.
COIC TRAINING
All Covered Persons will complete Conflict of Interest and Commitment (COIC) and Foreign Influence training identified by the University at least every four years or immediately following one of the three circumstances noted in the procedures.
COMPLIANCE
All Covered Persons are responsible for knowing, understanding, and complying with this policy.
Covered Persons are responsible for affirming that they have received and read this policy and will adhere to its conditions.
Violations of this policy include but are not limited to willful failure to disclose a Conflict of Interest or Commitment or willful failure or refusal to cooperate with an approved COIC Management Plan. Violations of this policy are deemed a serious violation of policies governing employment and may subject the employee to disciplinary action. Disciplinary action must consider the severity and frequency of the violation, its impact on the institution, and the extent to which the conduct in question deviates from standards of conduct, policies and procedures, or expectations. The University reserves the right to take appropriate actions that are commensurate with the nature of the violation and are consistent with the Redbook and other University policies and applicable laws. Possible actions or sanctions could include a letter of reprimand, increased monitoring of the identified Conflict of Interest or Commitment, Management Plan modifications, or other appropriate actions. Individuals should report concerns of noncompliance with this policy to the COIC Office. University will inform the Research sponsor of the violation and any corrective action, if required or required. For Public Health Service (PHS) or Department of Energy Supported projects, University will undertake the Retrospective Review and create any Mitigation Reports, as needed.
The COIC Office reports to the Vice President for Risk, Audit and Compliance, who serves as the COIC Officer. The COIC Officer authorizes the COIC Office and CRB to review and address reports of noncompliance with this policy, a Management Plan, or applicable federal, state, or local controls. The COIC Officer will address any concerns not resolved by the COIC Office or CRB.
Related Information:
UOFL POLICIES
Work Outside the University (Per 1.12)
UofL Trustees Procurement Regulation January 21, 2021
REDBOOK
Ethical Considerations - 2.5.8
Annual Work Plan and Presence at the University - 4.3.1
Work Outside the University - 4.3.3
Work Outside the University - 5.6
BOARD OF TRUSTEES BYLAWS
Article 4, Section 4.1 Conflict of Interest
GOVERNING LAWS, REGULATIONS, AND STANDARDS
21 CFR Parts 19, 54, 312, 314, 320, 330, 601, 807, 812, 814, and 860; 2 CFR 215
AAHRPP Standards: I-6, II-1, III-1
KENTUCKY REVISED STATUTES (KRS)
Policy Reasoning:
The University of Louisville and its Statutory Affiliates ("University") expects Covered Persons to conduct University affairs with high ethical and legal standards and in a manner that supports the University mission. As part of this duty, Covered Persons must apply their University time and effort correctly and use University assets properly.
Use of University assets or University time damaging to the University mission or for Personal Benefit represents a conflict of interest. This policy sets standards to reduce or eliminate such conflicts and protect the financial well-being, reputation, and legal duties of the University.
Definitions:
Definitions for this policy and procedure are located at: https://louisville.edu/about/departments/conflict-interest-commitment-office/policy-definitions.
Responsibilities:
The first responsibility for compliance lies with the Covered Person directly involved.
Covered Persons are responsible for knowing, understanding, and complying with this policy and procedures. Covered are responsible for accurate and timely completion of the ADF and updating it as external interests change. Covered Persons are responsible for accepting their approved Management Plan, or timely seeking changes to their Management Plan, and agreeing to their approved Management Plan. Covered Persons are responsible for upholding all terms, conditions, and actions set forth in their Management Plan. Covered Person must respond to calls for information from COIC Office or CRB. Covered Person are responsible for complying with corrective actions, enforcement, and sanctions imposed by the University related to findings of noncompliance.
Department or Unit Heads. Each department or unit head will ensure that Covered Persons identified within the department or unit complete an ADF as required by this policy. Deans or their designees will ensure the department or unit heads complete duties related to this policy in a timely manner, resolve ambiguities of a Covered Persons identification, and that ADFs are filed and sent.
University. The University is responsible for maintaining this policy, making it available publicly as required by law or regulation, and ensuring it complies with applicable federal, state, and local regulations. The University will make COIC training available to Covered Persons in compliance with policy and applicable federal, state, and local regulations. The University will provide FCOI Reports to Research sponsors as required by federal, state, and local regulations, sponsor terms and conditions, or as required by an approved Management Plan. The University is responsible for setting up enforcement to ensure compliance with policy and federal, state, and local regulations. The University will keep records about ADFs and the University's reviews and determinations.
Initiating Authority. The Vice President for Risk, Audit and Compliance serves as the Conflict of Interest and Commitment Officer (COIC Officer) and charged with oversight of this policy and procedures. Executive Vice President for Research and Innovation (EVPRI) shares a joint responsibility with the COIC Officer, for complying with FCOI reporting for federal regulations about sponsored programs.
For questions, added detail, or to seek changes to this policy, please contact the COIC Office.
Official University Administrative Policy
Policy Name:
Title IX Employee Sexual Misconduct
Effective Date:
August 14 2020
Policy Number:
PER 1 23
Policy Applicability:
This policy applies to all members of the University of Louisville University community including employees students non University employees participating in University related activities or programs third party contractors and vendors and visitors if the Respondent is an employee and the jurisdictional requirements of Title IX are met If the Respondent is a student the complaint will be reviewed and addressed in accordance with the University s Title IX Student Sexual Misconduct Policy If the Respondent is a third Party the Report will be routed to the University of Louisville Police Department ULPD for resolution which may include criminal or administrative responses
Policy Statement:
The University is committed to fostering an atmosphere free from Sexual Misconduct. The University will take prompt and appropriate action to eliminate Sexual Misconduct, prevent recurrence, and remedy any effects on the Complainant or those involved in the complaint process. If, in the process of the investigation, the University determines that the alleged conduct does not fall within the scope of this or other University policies, both the Complainant and the Respondent will be notified in writing.
Any University employee who is the victim of or been a witness to Sexual Misconduct in the workplace should promptly notify the Title IX Office at 502-852-1198 or titleix@louisville.edu. In an emergency, individuals should contact ULPD at 502-852-6111 or call 911.
This policy will be utilized if the Respondent is an employee and the jurisdictional requirements of Title IX are met. If the case does not meet the jurisdictional requirements for Title IX, the case may be administered through other University policies as applicable. If the Respondent is a student, the Report will be addressed in accordance with the University's Title IX Student Sexual Misconduct Policy. If the Respondent is a third Party, the Report will be routed to ULPD for resolution which may include criminal or administrative responses.
This policy and associated procedures are not intended to restrict any rights that would otherwise be protected by the First Amendment of the U.S. Constitution; deprive a person of any rights that would otherwise be protected under the Due Process Clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution; or restrict any other rights guaranteed by the U.S. Constitution.
The University cannot impose any restrictions on the ability of the Parties to discuss the allegations or gather evidence throughout the investigative process. Nor can the University use questions or evidence throughout the investigation that constitute or seek disclosure of information protected under a legally recognized privilege unless the person holding the privilege has waived the privilege.
Language in this policy notwithstanding, the University reserves the right to investigate activities or behaviors that potentially violate other University's policies, procedures, and standards, irrespective of whether an investigation moves forward under this policy.
JURISDICTION
Once the University has Actual Knowledge of an alleged violation, jurisdiction under Title IX requires that any act prohibited occur:
- Against a person within the United States, and
- Within the University's education programs or activities including locations, events, or circumstances over which the University exercises substantial control over both the Respondent and the context in which Sexual Misconduct occurs. This includes any building(s) owned or controlled by a student organization that is officially recognized by the University.
TITLE IX MANDATORY REPORTING
A mandatory reporter is required to report incidents of alleged Sexual Misconduct to the Title IX Office. All University employees are considered mandatory reporters unless they are specifically designated as a confidential resource and as such, are expected to provide information regarding possible violations of this policy as soon as reasonably possible. Mandatory reporters include but are not limited to: President, Vice Presidents, Deans, Department Chairs, Directors, and Coaches; Assistant or Associate Vice Presidents, Vice Provosts, Associate and Assistant Provosts; any employee in a supervisory or management role; all Faculty; ULPD Officers; and any contracted security personnel.
RETALIATION
The University prohibits Retaliation against any person who makes a report in good faith under this policy. Individuals who feel they are victims of Retaliation as prohibited by this policy shall contact the Title IX Office at 502-852-1198 or titleix@louisville.edu.
Related Information:
Reports of Bias, Discrimination, and Harassment Policy
Duty to Report and Non-Retaliation Policy
Title IX Student Sexual Misconduct Policy
Sexual Misconduct Resource Guide
CONFIDENTIALITY, PRIVACY, AND REPORTING
Employees and students should be aware of confidentiality, privacy, and mandatory reporting requirements in order to make informed choices.
If a person desires the details of the incident to be kept confidential, the resources listed below are appropriate. In addition, members of the clergy and chaplains are allowed by law to keep reports confidential. Seeking support from any of these resource organizations is not considered an official Report of any type of Sexual Misconduct to the University. The individuals, at these resource organizations listed below, facilitate a report and advocate for individuals who request assistance.
A person may seek advice from certain individuals who are not required to report to anyone else private, personally identifiable information unless there is cause or fear for the reporting person's safety or the safety of others. Confidential resources are individuals whom the University has not specifically designated as "responsible employees" for purposes of putting the University on notice and for whom mandatory reporting is not required, other than in the stated limited circumstances, such as statistical reporting required by the Clery Act.
Prevention, Education and Advocacy on Campus and in the Community (PEACC) Center is available to provide advocacy and confidential assistance to University students, staff, and faculty who are affected by Sexual Misconduct. An advocate can listen, discuss options, and assist in accessing medical care, housing accommodations, academic concerns, and/or referrals to various resources.
Campus Resources
PEACC Center
2100 S. Floyd Street
Student Activities Center, W309 Louisville, KY 40292
Phone: (502) 852-2663
Website: louisville.edu/peacc
University Counseling Services
2100 S. Floyd Street, W204 Louisville, KY 40208
Phone: (502) 852-6585
Website: louisville.edu/counseling
Health Sciences Campus
500 S. Preston St.
A Building -- Rooms 219 and 220
Louisville, KY 40292
Phone: (502) 852-0996
Website: louisville.edu/medicine/studentaffairs/student-services/hsc- counseling-services
Campus Health Services Clinic Cardinal Station Center
215 Central Avenue - Suite 110
Louisville, KY 40208
Phone: (502) 852-6479
Website: louisville.edu/campushealth
Health Sciences Center
University of Louisville Outpatient Care Center
401 E. Chestnut Street, Suite 110
Louisville, KY 40202
Phone: (502) 852-6446
Community Resources
Center for Women and Families Crisis Line:
927 S. 2nd Street
Louisville, KY 40201
Phone: (877) 803-7577
Sexual Assault Nurse Examiner (SANE)
In Jefferson County, most examinations that include the collection of evidence (Sexual Assault, Sexual Misconduct, intimate partner abuse) are performed by the Louisville SANE Program at one of their two locations:
University of Louisville Hospital Emergency Room
530 S. Jackson Street
Louisville, KY 40202
Phone: (502) 562-4064
Center for Women and Families SAFE Services
927 S. 2nd Street
Louisville, KY 40201
Phone: 1-844-BE-SAFE-1
All emergency rooms in the Commonwealth of Kentucky are authorized and required to provide this service. These services can be provided by a physician, Sexual Assault nurse examiner, and/or another qualified medical professional. Physical evidence of a criminal Sexual Assault must be collected from the alleged victim's person as soon as possible. Having evidence collected will help to keep all options available to a victim, but this will not obligate the victim to any course of action. The evidence collected may assist the authorities should the victim decide later to pursue criminal charges.
FEDERAL AND STATE OFFICES
Some forms of harassment and discrimination may violate federal and state laws, and a Complainant or Respondent may choose to contact the following agencies regarding their complaint:
U.S. Department of Education
Office for Civil Rights (Atlanta Office)
61 Forsyth St. S.W., Suite 19T10
Atlanta, GA 30303-8927
Telephone: 404-974-9406
FAX: 404-974-9406; TDD: 800-877-8339
Email: OCR.Atlanta@ed.gov
https://www.ed.gov/laws-and-policy/civil-rights-laws/file-complaint
Kentucky Commission on Human Rights
332 W. Broadway, 7th Floor
Louisville, KY 40202
Phone: (502) 595-4024 or 1-800-292-5566
Email: kchr.mail@ky.gov
Federal Equal Employment Opportunity Commission
600 Dr. Martin Luther King, Jr. Place, Suite 268
Louisville, Kentucky 40202
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: www.eeoc.gov
FEDERAL STATISTICAL REPORTING OBLIGATIONS
Certain campus officials have a duty to report Sexual Misconduct for federal statistical reporting purposes such as the Clery Act. All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus; in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety.
FEDERAL TIMELY WARNING REPORTING OBLIGATIONS
Parties should also be aware that the University must issue timely warnings for incidents reported that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The University will make every effort to ensure that personally identifiable information such as a victim's name and other identifying information is not disclosed, while still providing sufficient information for community members to make safety decisions in light of the danger. The report for timely warning is intended to help to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety.
KENTUCKY LAW REQUIRING MANDATORY REPORTING
Kentucky law requires that any person who suspects that a minor child (under 18) is the victim of abuse or neglect must immediately contact a local law enforcement agency or other agency authorized by statute KRS 620.030. ULPD constitutes a local law enforcement agency for purposes of Kentucky's mandatory reporting law for child abuse and neglect. Failure to report suspected abuse may result in criminal charges and/or disciplinary action.
Kentucky law also requires that any professional who has reasonable cause to believe that a victim with whom they have had a professional interaction has experienced Domestic Violence and abuse or Dating Violence and abuse, the professional shall provide the victim with educational materials related to Domestic Violence and abuse or Dating Violence and abuse including information about how the victim may access regional Domestic Violence programs or rape crisis centers and information about how to access protective orders per KRS 209A.100. The ULPD can be reached at 502-852-6111.
Policy Reasoning:
To inform the members of the University community about the University's Title IX Employee Sexual Misconduct Policy and reaffirm the University's commitment to prohibiting and responding to Sexual Misconduct. This Policy also outlines the procedures for handling Sexual Misconduct complaints made against University employees, reporting options, and resources for all members of the University community.
Definitions:
ACTUAL KNOWLEDGE means notice of allegations of Sexual Misconduct to any University Official who has the authority to institute corrective measures on behalf of the University. The Actual Knowledge standard is not met when the only University Official with Actual Knowledge is the Respondent.
ADVISOR is an individual required to accompany the Complainant and Respondent for the purpose of cross-examining the opposing Party and any witnesses at the hearing. The Advisor cannot be a Party or witness to the complaint.
BIAS INCIDENT is defined as noncriminal conduct that is alleged to constitute an act or statement against a particular group or individual because of the group's or individual's religion, race, sex, color, or national origin, or perceived religion, race, sex, color, or national origin.
COMPLAINANT is an individual who is alleged to be the victim of conduct that could constitute Sexual Misconduct.
CONSENT means freely given agreement by a person with capacity to engage in sexual activity at issue. A person who is incapacitated (as defined below), lacks capacity and cannot give effective Consent. In order for individuals to engage in sexual activity of any type, all involved individuals must Consent to such activity prior to and throughout any sexual encounter. Consent to one sexual act does not constitute Consent to any other such acts; Parties to a sexual encounter must ensure that they have the affirmative Consent of the other individual(s) involved for each sexual act. Affirmative Consent may manifest itself differently depending on the context. "No" always means "no." Words or perceptible actions other than an explicit "yes" may be sufficient to indicate Consent, depending on the totality of the circumstances of each case. Regardless of the circumstances, Consent to any form of sexual activity can be withdrawn at any time, by any Party to a sexual encounter, at any point during the encounter. This is true regardless of what sexual acts (or with whom) the individual(s) in question may have engaged in or agreed to previously, and regardless of the nature of the relationship between the Parties.
DATING VIOLENCE means violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; (B) where the existence of such a relationship shall be determined based on the consideration of the following factors:
- Whether or not a dating relationship exists is determined (1) by the length of the relationship, (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship.
- This includes threats, assault, property damage, and violence or threat of violence to one's self or to pets of the romantic or intimate partner when used as a method of coercion, control, punishment, intimidation, or revenge.
DAYS means business days as defined by the University academic calendar.
DECISION-MAKER is the individual who will preside over the Title IX hearing and is charged with determining whether the Respondent is responsible for violating this policy. The Decision-Maker will make all determinations of relevancy, evaluate the evidence presented, control the tone and tenor of the hearing, and make findings of fact and conclusions as to whether Sexual Misconduct or violations of University policy occurred. The Decision-Maker will be a retired judge or experienced attorney who has contracted with the University to preside over Title IX hearings.
DOMESTIC VIOLENCE is defined as crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.
FORMAL COMPLAINT is a document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Misconduct against a Respondent and requesting that the University investigate the alleged Sexual Misconduct. At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the education program or activity of the University with which the Formal Complaint is filed.
HEARING OFFICIAL is an individual who will facilitate the hearing's logistics. The Title IX Coordinator, or their designee, will serve as the Hearing Official.
INVESTIGATOR is a person or persons designated by the University to conduct and/or oversee the investigation of a Formal Complaint. The Investigator is a neutral, trained professional that gathers evidence, interviews Parties involved, and prepares an investigative report, ensuring a fair and equitable process for all. Officials serving as Title IX Investigators may include both external individuals and employees.
INCAPACITATION is a state in which a person cannot make rational decisions as to whether or not to engage in sexual activity because the person lacks the ability to give knowing Consent (i.e., to understand the "who, what, when, where, why, or how" of the sexual interaction). A person may be incapacitated due to mental disability, being asleep, unconsciousness, involuntary physical restraint, from the effects of alcohol or other drugs, or because they are below the minimum age of Consent in the state where the sexual activity occurred. It is important to note that while a person can be incapacitated by intoxication, intoxication (in which case a person is under the influence of alcohol or drugs) does not constitute Incapacitation unless it renders the person unable to Consent as described herein. In every case, the facts are evaluated to assess whether the person in question was capable of providing Consent, and whether a reasonable person in the Parties' positions would perceive the person as being capable or incapable of providing Consent.
PARTY OR PARTIES means Complainant or Respondent and is signified by the singular "Party", and both are signified by the plural "Parties."
PROBABLE CAUSE means a reasonable basis for believing that a violation of this policy may have occurred.
REPORT is a disclosure of an incident of Sexual Misconduct, which can be done in person, online, or through other designated methods. A report notifies the University about a potential Title IX violation and generates outreach to the Complainant. A report does not automatically start a formal investigation.
See FORMAL COMPLAINT.
RESPONDENT is an individual who has been reported to be the perpetrator of conduct that may constitute Sexual Misconduct.
RETALIATION is any form of adverse action, or threat of adverse action, taken against an individual because an individual reported a complaint of actual or suspected misconduct or participated in an investigation or complaint review process.
SEXUAL ASSAULT means any forcible and non-forcible sex offenses from the Federal Bureau of Investigation's classification system, to include rape, criminal sexual contact, incest and statutory rape.
- Rape is penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, or by a sex-related object. This definition also includes instances in which the victim is incapable of giving Consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of Consent.
- Criminal Sexual Contact is the intentional touching of the clothed or unclothed body parts without Consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation. The forced touching by the victim of the actor's clothed or unclothed body parts, without Consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
- Incest is nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape is nonforcible sexual intercourse with a person who is under the statutory age of Consent.
SEXUAL EXPLOITATION occurs when an individual takes non-consensual or abusive sexual advantage of another for that individual's own advantage or benefit, or to benefit or advantage anyone other than the individual being exploited. Examples of sexual exploitation include, but are not limited to:
- Secretly watching, recording, or photographing someone in a private setting, such as a restroom or changing area, without their knowledge or Consent (voyeurism);
- Allowing or enabling a person to surreptitiously observe, photograph, audiotape, videotape, or record an image of another person who is engaging in sexual act(s), or another person's breasts, buttocks, groin, or genitals, when the person observed, photographed, audiotaped, or recorded is in a place in which the person has a reasonable expectation of privacy;
- Exposing one's genitals in non-consensual circumstances or inducing another to expose their genitals;
- Knowingly transmitting a sexually transmitted infection (STI) to another;
- Taking non-consensual pictures, video-, or audio-recording of sexual activity, or the nonconsensual distribution of; or
- Prostituting another.
[Sexual Exploitation that meets the definition of Sexual Harassment (Title IX) will be addressed pursuant to that definition and associated procedures.]
SEXUAL HARASSMENT means conduct on the basis of sex that satisfies one or more of the following:
- An employee of the University conditioning the provision of an aid, benefit or service of the University on an individual's participation in unwelcome sexual conduct (often referred to as quid pro quo);
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the University's education program or activity; or
- Sexual Assault, Dating Violence, Domestic Violence or Stalking (otherwise defined herein).
SEXUAL MISCONDUCT is an omnibus term that applies to all misconduct covered by this policy. Sexual Misconduct includes Sexual Harassment (includes quid pro quo and hostile environment); Sexual Assault; Domestic Violence; Dating Violence; and Stalking.
STALKING is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. Stalking behaviors may include persistent patterns of leaving or sending the person(s) unwanted items or gifts ranging from seemingly romantic to bizarre, following the person(s), or lying in wait for the person(s), harassing the person(s) via the internet or other forms of online and/or electronic communications (i.e., cyberstalking), or interfering with a person's property.
STANDARD OF PROOF for incidents of Title IX Sexual Misconduct is a preponderance of evidence. Preponderance of evidence means that the evidence supports that a given allegation is more likely to be true than not true. The technical rules of evidence applicable to civil and criminal cases shall not apply when resolving incidents as outlined in this policy.
SUPPORTIVE MEASURES means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint. Supportive measures may be offered to either party, irrespective of whether a Formal Complaint is filed or not. Such measures are designed to restore or preserve equal access to the recipient's education program or activity without unreasonably burdening the other Party, including measures designed to protect the safety of all Parties or the recipient's educational environment, or deter Sexual Misconduct. Supportive Measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the Parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.
TITLE IX COORDINATOR is responsible for ensuring University compliance with Title IX, a federal law prohibiting sex discrimination. The Title IX Coordinator is responsible for oversight of responses to all reports of possible Sexual Misconduct under this policy. The Title IX Coordinator is synonymous with Title IX Director.
UNIVERSITY OFFICIAL for the purposes of this policy is either the Title IX Coordinator (Title IX Director), Deputy Title IX Coordinator, or Title IX Coordinator's designee.
Official University Administrative Policy
Policy Name:
Faculty Accountability
Effective Date:
October 29 2021
Policy Applicability:
This policy applies to all faculty at the University of Louisville as defined in Redbook Article 4 1
Policy Statement:
To promote a culture of mutual respect, accountability, and professionalism in our interactions, the University may discipline a faculty member whose conduct violates the University's standards of conduct, policies and procedures, or who violates federal, state, or local laws or standards of professional conduct to which the faculty member is subject. The University encourages a progressive discipline approach, which shall include a statement of areas of concern, action steps needed for improvement and a timeline to review progress. Failure to demonstrate improvement may result in additional disciplinary action. Progressive discipline actions may include, but are not limited to, the following forms: (1) a verbal warning, (2) a written warning, (3) removal or reassignment of administrative or supervisory appointments, (4) restrictions on activities including university-related travel, (5) a leave of absence without pay, with prior approval of the President and Provost in accordance with Redbook 4.3.6, (6) payment of fines, penalties, or restitution, (7) a reduction in supplemental salary for a stated period, and/or (8) loss of research funds or of privileges. Following procedures described in the Redbook (Sections 4.36 and 4.3.7) the University may impose immediate discipline if the conduct of a faculty member warrants an immediate separation from campus activities. Progressive discipline actions may culminate in the initiation of termination proceedings in accordance with Redbook Article 4.5.
Disciplinary action must consider the severity and frequency of the misconduct, its impact on the institution, and the extent to which the conduct in question deviates from standards of conduct, policies and procedures, or expectations. It is expected that attempts at addressing inappropriate conduct will be undertaken before this policy is administered. However, in all instances, the University reserves the right to take appropriate actions that are commensurate with the nature of the misconduct and are consistent with the Redbook and other university policies and applicable laws.
Nothing in this policy shall impede a faculty member's academic freedom as articulated in the Redbook or free speech rights contained in the First Amendment. Nothing in this policy shall affect a faculty member's right to file a grievance at any time under provisions of the Redbook, nor does this policy affect termination of service described in the Redbook (Section 4.5.)
Remediation
Faculty behavior may warrant remedial action. For example, a faculty member may be required to complete University-mandated training.
Examples of Grounds for Discipline
Examples of conduct that warrant progressive or immediate discipline include but are not limited to the following:
• Repeated refusal to complete University-mandated training;
• Chronic time and attendance problems (for example, chronic lateness to start a class), including unauthorized absences;
• Unprofessional, disrespectful, hostile, harassing, intimidating, or discriminating conduct toward students, employees, or others, including violation of the University's policies on sexual harassment, discriminatory harassment, and retaliation; and including violations of the University's Code of Conduct, which states faculty should avoid all forms of harassment, illegal discrimination, threats, or violence;
• Violations of the University's policy on acceptable use of University resources, including inappropriate or unauthorized use of University property or resources;
• Failure to follow or willful disregard of approved University, college, school, division, or departmental policies and procedures;
• Dishonesty, including knowingly furnishing false, misleading, or incomplete information or reports to the University;
• Falsification of information on an employment application, on academic records, on a curriculum vitae, or in the conduct or reporting of research;
• Violations of the University's policy on fiscal misconduct;
• Violations of the University's policy statement as a drug-free institution;
• Conduct that severely disrupts the work environment;
• Violation of applicable federal, state or local laws in conducting the affairs of the University.
Faculty Dispute Resolution and Grievance
Faculty members retain the right to file a grievance at any time under the regular terms of the faculty dispute resolution and grievance policy and procedures and in accordance with the provisions in the Redbook, Article 4.4.
Confidentiality
All records regarding the discipline of a faculty member shall be kept confidential to the extent permissible by law.
Non-Retaliation
Consistent with the University's Non-Retaliation Policy, retaliatory actions are subject to disciplinary action up to termination.
Non-Discrimination
The University of Louisville is an Equal Employment Opportunity employer. The University strives to provide equal employment opportunity on the basis of merit and without unlawful discrimination on the basis of race, sex, age, color, national origin, ethnicity, creed, religion, disability, genetic information, sexual orientation, gender, gender identity or expression, veteran status, marital status, or pregnancy. In accordance with the Rehabilitation Act of 1973 and the Vietnam Era Veteran Readjustment Act of 1974, the University prohibits job discrimination of individuals with disabilities, Vietnam era veterans, qualified special disabled veterans, recently separated veterans, and other protected veterans. The University acknowledges its obligations to ensure affirmative steps are taken to ensure equal employment opportunities for all employees and applicants for employment. It is the policy of the University that no employee or applicant for employment be subject to unlawful discrimination in terms of recruitment, hiring, promotion, contract, contract renewal, tenure, compensation, benefits, and/or working conditions. No employee or applicant for employment is required to endorse or condemn a specific ideology, political viewpoint, or social viewpoint to be eligible for hiring, contract renewal, tenure, or promotion.
For the University's notice on non-discrimination: https://louisville.edu/hr/employeerelations/eeo-affirmative-action.
Related Information:
PER 1.10 Reports of Bias, Discrimination, and Harassment Policy
University Employee Code of Conduct
The Redbook, Section 1.1.6 Suspension or Removal of University Personnel
The Redbook, Article 4.4 Resolution of Faculty Disputes
The Redbook, Article 4.5 Termination of Service
Faculty dispute resolution and grievance
KRS 164.360 Appointment and removal of president, faculty, and employees.
AAUP Statement on Procedural Standards in Faculty Termination Proceedings
Policy Reasoning:
The University of Louisville (University) is committed to fostering a diverse and inclusive work environment that promotes a culture of mutual respect with integrity, transparency, and accountability. The University's Code of Conduct states core values shared by members of the University community, including honesty and rigor in all pursuits, respect for diversity and for all individuals regardless of position and professionalism in our interactions. The Code of Conduct and the Redbook cite ethical considerations expected of every employee in conducting the affairs of the University, including compliance with applicable federal, state, and local laws as well as the policies and procedures of the University. Therefore, faculty should adhere to these considerations.
This policy articulates expectations for faculty conduct and establishes a process to address instances in which faculty do not adhere to these expectations. Its primary goal is to establish a system of remediation and progressive discipline when faculty engage in misconduct. The policy facilitates open communication by giving the University and faculty a process to establish whether expectations were met and if not, to understand what actions were inconsistent with expectations and what actions should be taken to address the matter. Another goal is to provide a record of the University's attempts to facilitate improved conduct. The policy also enables the University to enhance morale by showing to the faculty and other employees that misconduct will be addressed consistently and equitably.
Definitions:
Progressive discipline uses graduated steps for managing an employee's conduct that does not meet the University's expectations regarding standards of conduct or does not comply with policies and procedures or with applicable laws. It involves a clarification of performance or personal conduct expectations, followed by opportunities to demonstrate improvement regarding those expectations.
Responsibilities:
Faculty members are responsible for knowing and understanding this policy.
The faculty member's immediate supervisor and the department chair, dean, or other appropriate administrative officials are responsible for administering discipline in accordance with this policy.
The Office of the Provost is responsible for interpretation of this policy and for educating faculty and their academic units and programs about this policy and its procedures. The Office of the Provost is also responsible for regular assessment of this policy in accordance with all applicable anti-discrimination policies and to revise it to correct identified issues.
Official University Administrative Policy
Policy Name:
Destruction of Select Agents
Effective Date:
March 11 2003
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students and any individual including a principal investigator researcher instructor laboratory or clinical manager that wishes to dispose of any Select Agent s
Policy Statement:
When laboratory staff no longer need a Select Agent they possess, the Agent(s) should be destroyed appropriately and in a timely fashion and the destruction documented. The process must be witnessed and documented by a representative of the Department of Environmental Health and Safety (DEHS). Investigators are advised that possession of a Select Agent is permissible only if the DEHS approves the possession of the Select Agent.
Failure to comply with this policy may result in sanctions.
Definitions:
Select Agent: Any biological agent or toxin that is designated by the Centers for Disease Control or United States Department of Agriculture as a Select Agent because it could pose a threat to human, animal or plant health and safety. The Centers for Disease Control reviews the list of Select Agents at least biennially and may revise the list of agents periodically. The current list can be found at http://louisville.edu/dehs/biological-safety.
Responsibilities:
Department of Environmental Health and Safety (DEHS)
Witness and assist in the destruction of the Select Agent. DEHS will also execute and maintain documentation of the destruction of the Select Agent and provide a copy of this documentation to the department chair. If required, the designated Responsible Official (RO) for UofL, DEHS Director, will submit official notification to the Centers for Disease Control for Select Agents that are consumed or destroyed via a CDC Form EA-101.
Deans, Directors and Department Heads
Ensure that all principal investigators, researchers, instructors, laboratory or clinical managers or other applicable individuals are aware of and follow the procedures outlined in this policy.
Principal Investigator, Researcher, Instructor, Laboratory or Clinical Manager or Other Applicable Individual
Notify the University's Environmental Manager of the intention to destroy Select Agents by calling 502-852-6670. Prior to destruction, the principal investigator, researcher, instructor, laboratory or clinical manager or other applicable individual must call the Environmental Manager at 502-852-6670 and make arrangements for a DEHS representative to witness the destruction. Until DEHS arrives, the Select Agent must remain securely stored in the laboratory and shall not be moved or transferred without DEHS approval.
Department Chair/ Unit Head
The department chair or unit head is responsible for any Select Agent that is left abandoned by a principal investigator, researcher, instructor, laboratory or clinical manager or other applicable individual. The department/unit is responsible for implementing this policy if the Select Agent is abandoned. The department is also responsible for securely storing the Select Agent and maintaining a copy of the documentation of destruction.
Official University Administrative Policy
Policy Name:
Tuition Remission Cost Sharing on Sponsored Projects
Effective Date:
December 1 2004
Policy Number:
BFP 009
Policy Applicability:
This policy applies to Deans Vice Presidents Lead Fiscal Officers Unit Business Managers and Principal Investigators
Policy Statement:
Tuition costs included in all new sponsored project proposals should be requested as a direct charge to the funding agency. Requests for matching from the VPR to cover tuition costs should be made following the general guidelines for cost sharing.
Requests for non-mandatory cost sharing for tuition will be considered when direct charging tuition will place a hardship on the investigator in completing the proposed research. Accordingly, researchers may cite strict expenditure limitations imposed by the sponsor or excessive requirements for out-of-state tuition as hardship factors in requesting non-mandatory cost sharing of tuition remission. Justifications for non-mandatory tuition remission cost sharing should be initiated by the dean and accompany the proposal clearance form.
If the Vice President for Research Office does agree to cover tuition remission, the specifications and procedures below apply.
1. The full stipend (salary component) for the graduate research assistant must be provided from a sponsored research grant or contract.
2. A) To qualify for tuition remission under this policy, the research grant or contract must provide full overhead cost reimbursement. The overhead may not be waived, negotiated or cost shared.
B) If the University's full audited overhead rate is awarded and is at least $10,000, a student's tuition remission will be provided up to total of 50% of the amount of overhead.
3. When the funding for a graduate research assistant's stipend expires, the tuition remission will likewise expire. Therefore, when requesting tuition remission under this policy, principal investigators will develop a contingency plan that identifies alternative sources of funding for the student's tuition.
Responsibilities:
When the stipend is to be charged to a grant or contract account, the tuition remission form must be approved by the Office of the Vice President for Research.
Only VPR approved tuition remission requests will be processed by the Student Financial Aid Office.
The Office of the Vice President for Research will monitor accounts to assure sufficient funds.
policy
Fuel Card Program
Official University Administrative Policy
Policy Name:
Fuel Card Program
Effective Date:
February 1 2014
Policy Number:
CARD 2 01
Policy Applicability:
This policy applies to university Administrators Faculty and Staff
Policy Statement:
The purpose of this policy is to establish uniform procedures, accountability, and controls for fueling motor vehicles and equipment owned by the University of Louisville.
All departments who own or control University owned vehicles and equipment must follow the University of Louisville Fuel Card Use Policies, Procedures, and Responsibilities found on the Fuel Card website. http://louisville.edu/procard/fuel-card-program-wex-1
Related Information:
- A fuel card must be used to re-fuel university-owned vehicles; a ProCard cannot be used.
- Only one fuel card can be assigned to a vehicle.
- A vehicle coordinator must be assigned for each department. This person must review the fuel card policies and sign an agreement form.
- Fuel cards must be restricted to the type of fuel product the vehicle requires (e.g. gasoline or diesel).
- A separate card can be obtained for small non-licensed vehicles or tools that would normally not have a fuel card assigned.
- Fuel cards and PIN#'s must be used for official University business only. The fuel card is not to be used for personal vehicles or for non-business purposes. Using the fuel card for any purpose other than official business will be considered theft of UofL property.
- Departments, vehicle coordinators, and drivers shall be expected to follow the established policies, procedures, and responsibilities.
Fueling Locations; including in and around the Louisville area or in another city or state.
Vehicle Maintenance Contracts; includes a listing of the companies the University has contracts with.
Contact Information for WEX and the ProCard Office.
Policy Reasoning:
The University of Louisville is utilizing the states contract with WEX to provide a fuel program for University-owned vehicles. Fuel cards provide a quick and convenient way for University drivers to purchase fuel at competitive rates.
Responsibilities:
Department Responsibilities
Identify University owned vehicles and equipment and assign a Vehicle Coordinator.
Vehicle Coordinator Responsibilities
The employee designated within a department to oversee the Fuel Card Program.
Driver Responsibilities
(see also Using your Fuel Card)
ProCard Office Responsibilities
The Procurement Services unit that manages the day-to-day operations of the University's Fuel Card Program.
policy
Segregation of Duties
Official University Administrative Policy
Policy Name:
Segregation of Duties
Effective Date:
March 1 2015
Policy Applicability:
This policy applies to University Employees administrators faculty and staff
Policy Statement:
Departmental business functions should be distributed between departmental staff to ensure that adequate segregation of duties exist within the University's business units, service centers, or other internal operations which have the responsibility and authority to:
- Access cash.
- Make purchases through accounts payable or procurement cards.
- Manage payroll.
- Authorize disbursements.
- Manage revenues, billing, sales, collection of receivables or assets.
Policy Reasoning:
Segregation of duties is a fundamental component of an effective system of internal control within a business or organization. This policy addresses the segregation of duties as they relate to financial transactions and custody of assets.
Definitions:
Segregation of duties is broadly defined as the separation of the custodial, record-keeping and authorization functions of a business process to ensure that no individual employee has the ability to initiate, approve, record, and reconcile departmental transactions or possess overall control over major functions within a business unit.
Official University Administrative Policy
Policy Name:
Unrelated Business Income Tax
Effective Date:
September 18 2009
Policy Applicability:
This policy applies to University Employees administrators faculty and staff
Policy Statement:
Departments and program administrators are responsible for the initial identification of activities or programs that have the potential to generate unrelated business income. When such activities have been identified, the department must notify the Controller's Office. It is strongly suggested that any new revenue producing programs be reviewed by the Controller's Office prior to setup.
Related Information:
Internal Revenue Code Sections 511, 512, and 513
Policy Reasoning:
Background
In 1950, Congress established the Unrelated Business Income Tax in order to impose taxes on certain activities of exempt organizations when such activities are not related to the organization's exempt purpose. The purpose of this tax was to allow for exempt entities to engage in activities with a profit motive while retaining their exempt status but also to eliminate the unfair competition that these activities cause between exempt entities and for-profit organizations.
As an exempt, non-profit organization, the University of Louisville (University) must comply with Internal Revenue Service (IRS) rules and regulations relating to the reporting and payment of any applicable unrelated business income tax (UBIT).
The purpose of the UBIT policy is to provide guidelines for the discovery and reporting of income and expenses to the Controller's Office for "Unrelated Activities" undertaken by University departments. This policy is not intended to discourage or eliminate unrelated activities but rather to gather information so that proper reporting to the IRS and other taxing authorities is done timely and accurately.
Definitions:
An activity is considered unrelated by the IRS and therefore subject to tax when it meets the following three criteria.
- The activity is a trade or a business.
- The activity is regularly carried on.
- The activity is not substantially related to the exempt purpose of the organization.
If an activity is undertaken with the intent to create a profit through the sale of goods or the performance of a service it is considered a trade or business. The determination of whether an activity constitutes a trade or business depends on the facts and circumstances of each situation, however certain factors may indicate whether such a motive exists including active solicitation of clientele, charging at rates above cost, and openly competing with other commercial enterprises.
An activity is regularly carried on unless it is performed infrequent or discontinuously. In determining whether intermittently conducted activities are regularly carried on, the manner of the activity must be compared with the manner in which similar commercial activities are performed. For example, where an exempt organization sells greeting cards for only a few weeks during the holiday season, this activity would be considered "regularly carried on" if it is expected to routinely occur each holiday season.
An activity is not substantially related when it does not contribute to the exempt purpose of the organization. For example, tuition revenue clearly contributes to the exempt purpose of a university as it is the revenue collected for the educational service a university provides. Revenue generated from operating a grocery store that sells merchandise to the general public, however, would likely not be substantially related to a university's exempt purpose.
Common Examples of Activities Subject to UBIT
The laws regarding UBIT are complex and determining when an activity is subject to tax is highly dependent upon the facts and circumstances of each situation. However, below is a list of activities that usually trigger UBIT concerns in a college or university setting:
- Advertising, such as that contained in University publications, on billboards, or in other printed materials distributed at University events;
- Corporate sponsorships that impart a substantial return benefit upon the part of the sponsor;
- Rental income from the use of equipment or other tangible personal property;
- Rental of parking lot spaces to the general public;
- Rental of dorm space to non-students;
- Certain forms of research or product testing conducted for commercial businesses;
- Travel tours;
- Catering or event planning services conducted for members of the general public.
Exceptions to UBIT
Exceptions to UBIT are likewise complex and too numerous to list. A list of exceptions that most frequently apply is provided below:
- Dividends, interest, capital gains and similar portfolio income;
- Royalties, unless the agreement calls for substantial services to be provided by the organization such as management services;
- Scientific research conducted for government;
- Business operated for the convenience of students or employees, such as student laundry services, parking revenue received from students or employees, or the sale of supplies to students or employees;
- Certain qualified sponsorships, if properly structured;
- Work performed substantially by volunteers;
- Sale of merchandise which was received by the University as a gift or contribution;
- Meetings, conferences and seminars where education or training is provided by the University;
- Entertainment events that include music and drama for students, faculty, and the general public.
Responsibilities:
Summary of Department Responsibilities:
- Consult with Controller's Office on new revenue streams.
- Track revenue and expenses for activities identified as subject to UBIT.
- Accrue for tax as applicable.
- Complete UBIT questionnaire annually; return to Controller's Office by October 15th.
- Submit revenue and expense items for UBI activities to Controller's Office by December 31st.
Summary of Controller's Office Responsibilities:
- Consult with departments and advise as to UBIT applicability throughout year.
- Send UBIT questionnaires to departments by September 15th.
- Analyze information gathered from departments, financial statements, and other books & records and document findings by March 1st.
- File Form 990-T and any other applicable returns by May 15th.
- Manage correspondence with tax agencies as needed.
Official University Administrative Policy
Policy Name:
Disposal of Surplus Personal Property
Policy Number:
PUR 14 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
In accordance with KRS 164A.575 (7), the following methods of disposal may be used by the Department of Procurement Services to dispose of university-owned surplus property:
Related Information:
Reporting Transfer or Movement of Property - Reporting Transfer or Movement of Property
Surplus Donation Requirements - Surplus Donation Requirements
- Sale to the general public using either the sealed bid or surplus auction method of sale. Disposal by either of these methods shall be preceded by notice adequate to inform the general public of the sale, taking into consideration the estimated value of the items.
- Transfer, at a price determined by mutual consent and in the University's best interest, to a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, excluding a religious organization, and organized under the laws of the Commonwealth, another state, or the District of Columbia, or chartered under an Act of Congress, lawfully doing business in the Commonwealth of Kentucky, and serving a public purpose of an essentially governmental, civic, educational, or charitable nature, after first receiving from the recipient agency the certification and evidence of nonprofit status required in this Policy.
- Personal property may be transferred to an entity described in section 2 above upon receipt of a signed acknowledgment including the items to be received by description, inventory number, serial number, quantity, and transfer charge, and containing a statement that the recipient agency:
- The nonprofit organization is exempt from taxation under Section 501(c) (3) of the Internal Revenue Code.
- Will use the property for public purposes or to further its nonprofit mission, and that the property is not being acquired for other purposes, or for sale.
- Will use all property received for at least one (1) year from date of receipt unless prior approval is granted for an alternate minimum use requirement by the University.
- Will pay to the University the proceeds of disposal, or the fair market value or fair rental value of the property, if the property is put into personal or other ineligible use, or is sold, traded, leased, or otherwise disposed of, within twelve (12) months of receipt, without approval of the University. The amount of payment shall be determined as of the time of disposal or ineligible use and shall be at the option of and as determined by the University. Payment shall not preclude any other legal action that the University may pursue if criminal violation is suspected.
- Will, if requested during the twelve (12) months after receipt, report to the University the condition, use, and location of, answer other questions about, and allow inspection of the property.
- Accepts the property "as is" and "where is" without warranty of any kind.
- Holds the University harmless from any and all losses, claims, expenditures, actions, causes of action, costs, damages, and obligations arising from this transaction and from the use of the property and the acts of the done recipient, its agents, employees, and licensees that may result in injury to persons, damage to property, or loss of any sort, and to indemnify the University from any and all liability, loss, or damage that it may suffer resulting therefrom or any other claims or judgments resulting therefrom.
- Payment for transferred property shall be by nonprofit agency check only. Personal checks shall not be accepted.
- Title to any transferred property shall be in the name of the recipient agency.
- The nonprofit organization is exempt from taxation under Section 501(c) (3) of the Internal Revenue Code.
- Will use the property for public purposes or to further its nonprofit mission, and that the property is not being acquired for other purposes, or for sale.
- Will use all property received for at least one (1) year from date of receipt unless prior approval is granted for an alternate minimum use requirement by the University.
- Will pay to the University the proceeds of disposal, or the fair market value or fair rental value of the property, if the property is put into personal or other ineligible use, or is sold, traded, leased, or otherwise disposed of, within twelve (12) months of receipt, without approval of the University. The amount of payment shall be determined as of the time of disposal or ineligible use and shall be at the option of and as determined by the University. Payment shall not preclude any other legal action that the University may pursue if criminal violation is suspected.
- Will, if requested during the twelve (12) months after receipt, report to the University the condition, use, and location of, answer other questions about, and allow inspection of the property.
- Accepts the property "as is" and "where is" without warranty of any kind.
- Holds the University harmless from any and all losses, claims, expenditures, actions, causes of action, costs, damages, and obligations arising from this transaction and from the use of the property and the acts of the done recipient, its agents, employees, and licensees that may result in injury to persons, damage to property, or loss of any sort, and to indemnify the University from any and all liability, loss, or damage that it may suffer resulting therefrom or any other claims or judgments resulting therefrom.
Policy Reasoning:
KRS 164A.575 (7)
policy
Emergency Purchases
Official University Administrative Policy
Policy Name:
Emergency Purchases
Policy Number:
PUR 6 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The University may negotiate directly for the purchase of contractual services, supplies, material, or equipment in bona fide emergencies regardless of estimated costs. The existence of the emergency must be fully explained in writing, by the VP for Finance and Chief Financial Officer or her/his designee, and the explanation must be approved by the University President. The letter and approval must be filed with the record of all such purchases. A good faith effort shall be made to affect a competitively established price for emergency purchases, with telephone quotes where possible.
Related Information:
The Finance and Administration Cabinet may negotiate directly for the purchase or contractual services, supplies, materials, or equipment in bona fide emergencies regardless of estimated costs. The existence of the emergency shall be fully explained, in writing, by the head of the agency for which the purchase is to be made. The explanation shall be approved by the secretary of the Finance and Administration Cabinet and shall include the name of the vendor receiving the contract along with any other price quotations and a written determination for selection of the vendor receiving the contract. This information shall be filed with the record of all such purchases and made available to the public. Where practical, standard specifications shall be followed in making emergency purchases. In any event, every effort should be made to affect a competitively established price for purchases made by the state.
Policy Reasoning:
Pursuant to KRS45A.095, Emergency purchases, required for continuity of operations, or the protection of the health and welfare of personnel, may be made by the University.
Definitions:
An emergency condition is a situation which creates a threat or impending threat to public health, welfare, or safety such as may arise by reason of fires, floods, tornadoes, other natural or man-caused disasters, epidemics, riots, enemy attack, sabotage, explosion, power failure, energy shortages, transportation emergencies, equipment failures, state or federal legislative mandates, or similar events. The existence of the emergency condition creates an immediate and serious need for services, construction, or items or tangible personal property that cannot be met through normal procurement methods and the lack of which would seriously threaten the functioning of government, the preservation or protection of property, or the health or safety of any person.
Responsibilities:
The chief procurement officer, the head of a using agency, or a person authorized in writing as the designee of either officer may make or authorize others to make emergency procurements when an emergency condition exists.
Official University Administrative Policy
Policy Name:
Non competitive Negotiation
Policy Number:
PUR 5 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
A contract may be made by noncompetitive negotiation only for sole source purchases, or when competition is not feasible, as determined by the purchasing officer in writing prior to award, under administrative regulations promulgated by the secretary of the Finance and Administration Cabinet or the governing boards of universities operating under KRS Chapter 164A. Sole source is a situation in which there is only one (1) known capable supplier of a commodity or service, occasioned by the unique nature of the requirement, the supplier, or market conditions. Insofar as it is practical, no less than three (3) suppliers shall be solicited to submit written or oral quotations whenever it is determined that competitive sealed bidding is not feasible. Award shall be made to the supplier offering the best value. The names of the suppliers submitting quotations and the date and amount of each quotation shall be placed in the procurement file and maintained as a public record. Competitive bids may not be required:
- For contractual services where no competition exists, such as telephone service, electrical energy, and other public utility services;
- Where rates are fixed by law or ordinance;
- For library books;
- For commercial items that are purchased for resale;
- For interests in real property;
- For visiting speakers, professors, expert witnesses, and performing artists;
- For personal service contracts executed pursuant to KRS 45A.690 to 45A.725; and
- For agricultural products in accordance with KRS 45A.645.
Price and Delivery shall not be a consideration in support of a sole source decision.
Policy Reasoning:
KRS Compliance
Both the University and its agents can be held liable for Contracts or Purchase Orders issued through the single/sole source procedure if the decision is based on false or incomplete information. All such requests must be fully substantiated prior to contracting.
Definitions:
Sole Source is a situation in which there is only (1) known capable supplier of the commodity or service, created by the unique nature of the requirements, compatibility with existing equipment, the supplier, or market conditions.
Official University Administrative Policy
Policy Name:
Ordering Radioactive Material
Policy Number:
PUR 33 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The University has a Radiation Safety Office to oversee the purchase, use, and disposal of radioactive material.
Policy Reasoning:
Regulatory compliance for Order, Tracking, and Disposal of Radioactive Materials.
Responsibilities:
The Radiation Safety Office is responsible for obtaining the appropriate Commonwealth of Kentucky licenses.
Official University Administrative Policy
Policy Name:
Purchase by Competitive Negotiation
Policy Number:
PUR 4 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
- When, under administrative regulations promulgated by the secretary or under KRS 45A.180, the purchasing officer determines in writing that the use of competitive sealed bidding is not practicable, and except as provided in KRS 45A.095 and 45A.100, a contract may be awarded by competitive negotiation.
- Contracts may be competitively negotiated when it is determined in writing by the purchasing officer that the bids received by competitive sealed bidding either are unreasonable as to all or part of the requirements, or were not independently reached in open competition, and for which each competitive bidder has been notified of the intention to negotiate and is given reasonable opportunity to negotiate.
- Contracts for projects utilizing an alternative project delivery method shall be processed in accordance with KRS 45A.180.
Policy Reasoning:
KRS Compliance
Official University Administrative Policy
Policy Name:
Retaining Funds from Sale of Surplus Property Items
Policy Number:
PUR 39 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
A University department may sell surplus/excess equipment and retain the funds at the department level, in one of two ways. It can be done through a sealed bid process conducted by Procurement Services or auctioned on GovDeals.com conducted by Inventory Control.
Policy Reasoning:
Compliance with KRS for University Surplus Property and Disposal.
Official University Administrative Policy
Policy Name:
Expired and or Unwanted Pharmaceuticals Black Box Requirements
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
The "Black Box" requirements should be followed when disposing of expired and/or unwanted pharmaceuticals:
- Every item placed into this container must be clearly marked or labeled to describe its contents. (Note: If placing patient's expired medication, be sure to deface patient name.)
- Any damaged package should be placed in plastic bag prior to placement into this container.
- This container should be kept in a secure, non-patient access area.
- Absolutely:
- NO FREE LIQUIDS
- NO DEA CONTROLLED SUBSTANCES
- NO SHARPS
- NO VACCINES CONTAINING LIVE VIRUSES (these items can be placed in "Red Bag" waste)
- NO CHEMICALS (i.e. alcohol, acids, bases, phenol, etc. Chemicals must be submitted separately on-line at http://louisville.edu/dehs/waste-disposal)
- When container is near-full, submit pick up request at: Pickup Form. A DEHS container label is not required. However, you must enter your name, department, and location information. In chemical name field, enter the words "Expired Drugs".
- NO FREE LIQUIDS
- NO DEA CONTROLLED SUBSTANCES
- NO SHARPS
- NO VACCINES CONTAINING LIVE VIRUSES (these items can be placed in "Red Bag" waste)
- NO CHEMICALS (i.e. alcohol, acids, bases, phenol, etc. Chemicals must be submitted separately on-line at http://louisville.edu/dehs/waste-disposal)
Responsibilities:
Questions or comments should be directed to the UofL DEHS Hazardous Waste Coordinator at 502-852-2956.
policy
Laser Safety
Official University Administrative Policy
Policy Name:
Laser Safety
Policy Applicability:
This policy applies to all laser users and laser supervisors within the research and clinical areas at the University of Louisville
Policy Statement:
All laser users and supervisors shall be familiar and comply with Laser Safety requirements.
Related Information:
Policy Reasoning:
To ensure lasers will be operated safely, minimizing the risks associated with their use.
Official University Administrative Policy
Policy Name:
Provision of Hepatitis B Vaccine
Effective Date:
October 5 2005
Policy Applicability:
This policy applies to University Employees administrators faculty and staff
Policy Statement:
As required by OSHA regulation, departments, principal investigators (PI), program directors (PD), faculty members and responsible supervisors must: 1) identify employees with a reasonably anticipated exposure to human blood or other potentially infectious material (OPIM); 2) arrange for appropriate funding; and 3) ensure that these employees are offered the Hepatitis B vaccine at no cost to the employee as soon as possible following job assignment but in no case longer than 10 days from date of job assignment.
Related Information:
For additional information regarding Bloodborne Pathogens compliance: The Department of Environmental Health and Safety (DEHS) provides employee training and information about the Hepatitis B vaccine and the OSHA BBP Standard upon request. Contact the Bloodborne Pathogens Coordinator at ext. 6670 or browse Bloodborne Pathogens on the DEHS web page.
Policy Reasoning:
The purpose of this policy is to ensure that all university employees covered under the OSHA Bloodborne Pathogens Standard (BBP) are provided the Hepatitis B vaccine at no cost to the employee as required by the OSHA Standard. OSHA mandates current U.S. Public Health Service Centers for Disease Control (CDC) guidance be followed for administration of the vaccine, which at this time includes a titer check after completion of the vaccination series.
The University of Louisville's administration originally addressed provision of the Hepatitis B Vaccine in 1993, when a memo was issued to all directors and department heads stating that departments were responsible for identifying appropriate funding for the cost of employee vaccination. This policy is being issued to clarify existing procedures and ensure that the employees' responsible supervisor, PI or PD is aware of this responsibility and the administrative process that should be followed in offering and paying for Hepatitis B vaccinations of employees.
Responsibilities:
Directors, Deans, and Department Chairs
- Responsible for the overall implementation of this policy.
- Ensure that PI's, PD's, faculty members and staff are aware of and follow this policy.
- Assist PI's, PD's, faculty members and staff with allocation of appropriate funding for administration of the Hepatitis B vaccine/titer check as needed.
PIs, PDs, researchers, laboratory and clinical managers, faculty members and responsible supervisors
- Must identify all employees (including full, part-time and temporary) with a reasonably anticipated exposure to human blood or other potentially infectious materials (OPIM).
- Must ensure that all identified employees are offered the Hepatitis B vaccine/titer check at no cost to the employee within 10 days of assignment to a job with potential exposure.
- Provide appropriate funding for the administration of the Hepatitis B vaccine/titer check. Under no condition shall the PI, PD, faculty member or staff dissuade an employee from accepting the vaccine due to cost.
- Ensure employees who initially decline the Hepatitis B vaccine complete and sign the Hepatitis B vaccine declination statement as provided on the Hepatitis B Vaccine form (PDF). The PI is to maintain the original form on file.
UofL Health Services Offices
- Provide the Hepatitis B vaccine and titer check in accordance with CDC guidelines current at the time these evaluations and procedures take place.
policy
Open Flame
Official University Administrative Policy
Policy Name:
Open Flame
Effective Date:
March 1 2004
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students contractors and visitors
Policy Statement:
The burning of Open Flame Devices is prohibited on all University owned and leased properties, unless prior approval has been obtained from the University Fire Marshal. Event organizers who have received pre-approval from the University Fire Marshal for the use of Open Flame Devices shall obtain all necessary permits and insurance coverages required by the specific National Fire Protection Association (NFPA) codes and standards and University policies.
Open Flame Devices shall not be used in any assembly occupancy, unless otherwise permitted by one of the following:
- Pyrotechnic special effect devices shall be permitted to be used on stages before proximate audiences for ceremonial or religious purposes, as part of a demonstration in exhibits, or as part of a performance, provided that both of the following criteria are met:
- Precautions satisfactory to the Authority Having Jurisdiction (AHJ) are taken to prevent ignition of any combustible material.
- Use of the pyrotechnic device complies with NFPA 1126 "Standards for the Use of Pyrotechnics Before a Proximate Audience".
- Flame effects before an audience shall be permitted in accordance with NFPA 160 "Standard for the Use of Flame Effects Before an Audience".
- Open Flame Devices shall be permitted to be used in the following situations, provided that precautions satisfactory to the AHJ are taken to prevent ignition of any combustible material or injury to occupants:
- For ceremonial or religious purposes.
- On stages and platforms where part of a performance.
- Where candles on tables are securely supported on substantial noncombustible bases and candle flames are protected (battery operated candles are encouraged in lieu of Open Flame Devices).
- This requirement shall not apply to heat producing equipment necessary for building facilities complying with NFPA 1:11.2.2 and NFPA 101:9.2.
- This requirement shall not apply to food service operations complying with NFPA 1:20.1.5.3 and NFPA 101:13.7.2.
- Precautions satisfactory to the Authority Having Jurisdiction (AHJ) are taken to prevent ignition of any combustible material.
- Use of the pyrotechnic device complies with NFPA 1126 "Standards for the Use of Pyrotechnics Before a Proximate Audience".
- For ceremonial or religious purposes.
- On stages and platforms where part of a performance.
- Where candles on tables are securely supported on substantial noncombustible bases and candle flames are protected (battery operated candles are encouraged in lieu of Open Flame Devices).
Theatrical performances and religious ceremonies involving the use of Open Flame Devices and/or a smoke fogging machine shall be pre-approved by the University Fire Marshal. FireWatch detail may be required depending on the nature and location of approved events. Personnel assigned to FireWatch detail shall have appropriate training on the use of portable fire extinguishers, be familiar with the venue location and all appropriate fire safety equipment and means of egress, have the capability to make immediate notification to occupants and provide directions when an emergency situation arises and have the ability to immediately notify 911.
The use of barbecue grills, whether gas, wood or charcoal, is prohibited on all University properties with the following exceptions:
- Fixed mounted grills that have been permanently installed and approved by the University Fire Marshal.
- Cooking operations at the Red Barn patio area that have been pre-approved by the University Fire Marshal and used by authorized personnel.
- Use of equipment by authorized personnel for other commercial establishments if prior approval by the University Fire Marshal has been granted.
This policy is not intended to restrict the use of Open Flame Devices in controlled settings such as laboratories and food service areas where the devices are commonly used. Additionally, necessary maintenance work performed by University Physical Plant personnel and/or authorized contractors to the University that require the use of an open flame or spark producing equipment is exempt provided proper precautions are made in accordance with NFPA 51B "Standard for Fire Prevention During Welding, Cutting and Other Hot Work" and the University "Hot Work" policy.
Unless in the case of an emergency, at no time shall fire safety equipment be removed from a building/facility for use at an outdoor event. If equipment is needed, contact Physical Plant and request the necessary items through them.
Policy Violations
To report a violation to this policy please contact the University Fire Marshal at 502-852-3473 or the Department of Public Safety Communications Center at 502-852-6111. Violations of this policy may result in appropriate disciplinary actions per University policies as well as possible criminal prosecution.
Related Information:
Hot Work Policy
NFPA 1:11.2.2; 1:20.1.5.3; 101:9.2; and 101:13.7.2
NFPA 160 Standard for the Use of Flame Effects Before an Audience
NFPA 51B Standard for Fire Prevention During Welding, Cutting and Other Hot Work
NFPA 1126 Standard for the Use of Pyrotechnics Before a Proximate Audience
Policy Reasoning:
Open Flame Devices exhibit the risk of unintentional fires being started that could potentially result in serious consequences. Open Flame Devices include candles, torches, certain fuel-fired heating appliances, lighters, lanterns, sky lanterns, oil lamps, butane burners, incense, grills, bonfires, all pyrotechnic devices and any other flame or spark producing device. This policy is designed to reduce potential fire hazards, which will in turn reduce the risk of property loss, injury and/or death on the University of Louisville (University) campuses as well as other University owned or leased properties. This will enhance overall fire safety for our students, faculty, staff, guests and facilities.
Definitions:
Open Flame Devices are candles, torches, certain fuel-fired heating devices, lighters, lanterns, sky lanterns, oil lamps, butane burners, incense, grills, bonfires, all pyrotechnic devices and any other flame or spark producing device.
Authority Having Jurisdiction (AHJ) is an organization, office or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation or a procedure. At the University of Louisville, this would be the responsibility of the University Fire Marshal and the Kentucky State Fire Marshal's office.
FireWatch is the assignment of a properly trained person or persons to an area for the express purpose of notifying the fire department, building occupants or both of an emergency; preventing a fire from occurring; extinguishing small fires; or protecting the public from fire or life safety dangers. Refer to the University of Louisville Fire Watch Guidelines for detailed information.
Hot Work is any work being performed involving electric or gas welding, grinding, cutting, brazing, soldering or any other similar flame or spark producing operation. Permits are required for these operations per NFPA, OSHA and University of Louisville policy.
Responsibilities:
The University Fire Marshal shall inspect locations of venues/events, equipment to be used, review safety plans and make any necessary changes/revisions to enhance the overall safety of the event. The University Fire Marshal may also visit the venue during the event to ensure proper safety precautions are being followed. The University Fire Marshal shall have the right to stop an event at any time when legitimate safety concerns arise or policies are not followed.
Deans, Directors, Department Chairs, or organizers of events shall notify the University Fire Marshal at least five (5) working days prior to the scheduled event to allow adequate time for inspection, review of plans, and alteration or modification to these plans if necessary. All required fire safety equipment shall be the responsibility of the event organizers to obtain and ensure these items are readily accessible to the appropriate trained personnel.
Official University Administrative Policy
Policy Name:
Bloodborne Pathogens Model Exposure Control Plan
Effective Date:
June 11 2013
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
Identification
In accordance with the OSHA Bloodborne Pathogens Standard, 29 CFR 1910.1030, the following exposure control plan has been developed for
Dept, School, or Unit | Location: Campus, Bldg, Rm. # | Preparation Date |
PI, PD, Manager or Responsible Supervisor | Job Title or Position | |
Introduction
In 1992, the Occupational Safety and Health Administration (OSHA) enacted the Bloodborne Pathogens Standard codified as 29 CFR 1910. 1030. The purpose of the standard is to protect workers from anticipated exposures to bloodborne pathogens including Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (HIV).
The OSHA Bloodborne Pathogens Standard was modified in 2001 to include the Needlestick Safety and Prevention Act which includes new examples in the definition of engineering controls, requires exposure control plans reflect changes in technology that eliminate or reduce exposure to bloodborne pathogens, requires employers to consider safer needle devices when they conduct their annual review of their exposure control plan and requires employers to solicit input from non-managerial employees responsible for direct patient care in the identification, evaluation and selection of engineering and work practice controls. It also requires the employer to document this input in the exposure control plan and requires employers to establish and maintain a log of percutaneous injuries from contaminated sharps.
The Exposure Control Plan (ECP) is designed to minimize occupational exposure by identifying potentially exposed employees, routinely employing Universal Precautions and instituting engineering and work practice controls.
Review and Update of the Exposure Control Plan
This Exposure Control Plan will be reviewed and updated by the responsible supervisor, PI, or Dept Head at least annually, and when necessary to reflect new or modified tasks and procedures that affect occupational exposure, and to reflect new or revised employee positions that affect occupational exposure. The review and update of the plan will also: (1) Reflect changes in technology that eliminate or reduce exposure bloodborne pathogens; and (2) Documents annually consideration and implementation of appropriate commercially available and effective safer medical devices designed to eliminate or minimize occupational exposure.
Exposure Control Plan Annual Review | |||
Name of Reviewer | Signature | ||
Scope and Application
This Exposure Control Plan applies to all employees at risk of occupational exposure to bloodborne pathogens. Workers at risk are identified based on their Job Classifications or the Tasks and Procedures associated with the work they perform. Therefore, it is important that an accurate Exposure Determination be conducted to identify all individuals covered by this plan.
Exposure Determination
OSHA requires employers to determine (perform an exposure determination concerning) which employees may incur occupational exposure to blood or other potentially infectious materials (OPIM). The exposure determination is made without regard to the use of personal protective equipment (e.g., employees are considered to have potential exposure even if they wear PPE). This exposure determination contains the following:
Please indicate (check) all the materials to which employees may have reasonably anticipated contact.
Exposure Determination by Potentially Infectious Materials | |
This laboratory or clinic has the following Human/Primate Clinical Specimens: (please specify) | |
Human Clinical Specimens | Research Materials Derived from Human/Primate Blood or OPIM |
__ Human Blood | __Human primary or permanent cells, cell lines |
__Human Blood Products (e.g. albumin, Factor 8) | __Other Research materials derived from Human or Primate Blood or Other specimens: |
__Other body fluids (e.g. amniotic fluid, semen, vaginal secretions, peritoneal fluid, pericardial fluid, cerebrospinal fluid, pleural fluid, synovial fluid, saliva in dental procedures, any body fluids visibly contaminated with blood, etc.) | __Animal tissue/cells infected with HIV or HBV, HCV, etc. (i.e. see agents listed below) |
__Human tissue or organs, teeth | __Non-human primate cell lines, tissues, body fluids |
__Other: | __Other: |
This laboratory or clinic has the following BBP Exposure Agents: (please specify) |
__Bacteria: (e.g. Brucella abortis, Corynebacterium diptheriae, Neisseria Gonorrhoeae) |
__Viruses: (e.g. HIV, HBV, HCV, Cytomegalovirus, Epstein Barr Virus, Hepatitis D Virus, West Nile Virus,) |
__Animal Specimens infected with Human Bloodborne Pathogens: (Herpes B Virus, Fancisella tularensis, coxiella burnetti, Leptospira, interrogans, Rabies virus) |
__Other Parasites/infectious agents: |
List all employees, their job classifications and the associated tasks in which occupational exposure to bloodborne pathogens may occur.
List the tasks, procedures and activities or groups of closely related tasks and procedures, which are associated with occupational exposure to blood or other potentially infectious materials. Please be sure to include all activities both primary and ancillary to your project in which occupational exposure may occur. In those activities or tasks, which only some employees may be assigned, please specify which employees (by name, title, or job classification) will be involved in each activity.
Exposure Determination | ||
Employee Name | Title or Job Classification | Specific tasks that may cause exposure to BBP |
Method of Implementation
Engineering, work practice controls, and personal protective equipment, as outlined in this Exposure Control Plan will be used to eliminate or reduce employee exposure to Bloodborne Pathogens hazards.
The Exposure Control Plan will be reviewed and updated at least annually, and when necessary to reflect new or modified tasks and procedures, and to reflect new or revised employee positions that affect occupational exposure. The review will also document the consideration and implementation of changes in technology and safer needle devices that reduce or eliminate exposure.
The Principal Investigator or supervisor is responsible for the overall implementation, developing site-specific procedures and specific policies, and the annual review and update of the Plan.
The Department of Environmental Health and Safety is available to assist with development of the exposure control plan, employee training and other consultative roles as related to the OSHA standard.
A copy of this plan will be accessible in the work place to all employees at risk for occupational exposure.
Copies of the Plan are located: |
Compliance Methods
Universal/Standard Precautions
Universal or what is now often referred to as Standard Precautions is a simple approach to infection control and will be used with all blood or other potentially infectious materials (OPIM). Universal Precautions were developed by the Centers for Disease Control to help prevent the transmission of bloodborne diseases in the work place. Under Standard Precautions, all human blood, human body fluids, secretions and excretions, and other potentially infectious materials (OPIM) are considered infectious for HIV, HBV, HCV and other bloodborne diseases. Therefore, all human blood and OPIM are treated as though they are infectious and precautions are taken accordingly.
OPIM includes the following: body fluids-semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids Any unfixed tissue or organ (other than intact skin) from a human (living or dead) Blood products and blood components, albumin, factors 8 and 9, immune globulin Human cells or tissue cultures, and HIV or HBV containing culture medium or other solutions, Blood, organs and other tissues from experimental animals infected with Bloodborne pathogens or OPIM Human cells, cell lines, cell strains, tissue cultures, cell media, Non-human primate cells, cell lines, cell strains, tissue cultures, cell media |
Engineering Controls
Engineering controls are physical or mechanical means of isolating or removing bloodborne hazards from the work area. Engineering and work practice controls are used to eliminate or minimize exposure to employees. Where occupational exposure remains after institution of these controls, personal protective equipment will be used.
The following engineering controls are used:
- Handwashing facilities with appropriate hand cleaners and disposable towels are readily available in the work area, such as the laboratory, procedure room, or patient care area. Where it is not feasible to have handwashing facilities readily accessible, disinfectant hand cleaners (containing at least 60% alcohol) will be provided.
- Sharps containers are available where sharps are used. Appropriate containers are puncture resistant, labeled with a biohazard label or color coded, and leak proof on the sides and bottom. Sharps containers are located as close to the point of use as possible, preferably at eye level. Sharps containers may not be allowed to overfill.
- Re-usable Sharps Containers will not be opened, emptied, or cleaned manually; or in any other manner that would expose employees to the risk of percutaneous injury.
- A guide for the proper selection and use of sharps containers can be found at the following website:
https://stacks.cdc.gov/view/cdc/6386/cdc_6386_DS1.pdf (PDF)
- Sharps safety devices will be used to the extent feasible, appropriate, commercially available and effective to reduce employee exposure to blood or OPIM for withdrawing body fluids, accessing a vein or artery or administering medications or other fluids. Sharps with Engineered Sharps Injury Protections (SESIPs) encompasses a broad array of devices including: syringes with guards or sliding sheaths that shield the attached needle after use, needles that retract into the syringe after use, needless IV medication connection systems, and plastic capillary tubes. A list of safety devices with manufactures and specific products can be found at the following web site:
- Biological Safety Cabinets (Class II) will in appropriate situations (i.e. labs) to provide worker protection during aerosol generating procedures with human blood and OPIM including human cells, tissue cultures, and blood products and blood components. Class II Biological Safety Cabinets, while providing laminar airflow to protect research material, are designed with inward flow to protect personnel, and filtered exhaust air for environmental protection as well.
- Infectious Waste is discarded into biohazard containers, lined with a red plastic bag. If the waste could puncture the bags, it must first be placed in a sharps container.
- Mechanical Pipettes must be used; mouth pipetting is prohibited.
- Containers for blood or OPIM: Specimens of blood or other potentially infectious material will be placed in a container that prevents leakage during collection, handling, processing, storage, transport and shipping.
- The container for storage, transport, or shipping shall be labeled with the Biohazard warning symbol in fluorescent orange or orange-red, and closed prior to being stored, transported, or shipped.
- If outside contamination of the primary container may have occurred, the primary container will be placed within a second container that prevents leakage during handling, processing, storage, transport, or shipping and is labeled with the Biohazard warning symbol in fluorescent orange or orange-red.
- If the specimen could puncture the primary container, the primary container will be placed within a second container that is puncture-resistant in addition to the above characteristics.
- Autoclaves are available in some labs, clinics or units for decontamination. Proper use of equipment is essential to ensure sterilization.
- Transportation: Transportation refers to the packaging and shipping of materials by air, land or sea. Transfer refers to the process of exchanging these materials between facilities. When transporting blood or OPIM off site, all federal, state and local regulations for packaging transportation must followed. Please contact the Biosafety Office at 852-6670 for further information.
- Contaminated Equipment will be decontaminated prior to servicing or shipping. Equipment that cannot be decontaminated will be labeled with a biohazard label. When using centrifuges, balanced tubes will be used and procedures immediately implemented to cleanup the equipment if an accidental spill occurs.
- Plastic or Mylar Coated Capillary tubes will be used instead of glass capillary tubes.
Other Engineering controls employed by this unit: (please specify) |
Needle Stick and Sharps Safety
The supervisor or PI who has employees with direct patient contact must consider and, where appropriate, use effective engineering controls, including safer sharps devices or needleless systems for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids, in order to reduce the risk of injury from needlesticks and from other sharp medical instruments. This includes:
- Establish a program for evaluating safer sharps devices designed to eliminate or minimize occupational exposure. This program should include an identification process, an evaluation process and a selection process.
- Review the sharps that are being used on an annual basis.
Note: An appropriate safer sharps device includes only devices whose use, based on reasonable judgment in individual cases, will not jeopardize patient or employee safety or be medically contraindicated.
The PI or supervisor must identify all sharp devices that have available products with safer engineering features and determine which products are to be evaluated.
Sharps Product Evaluated | Safety Device Available/Acceptable | Date Evaluated |
__ Syringe | ||
__ Scalpels | ||
__ IV access device | ||
__ IV medication connectors | ||
__ Vacuum tube collection systems | ||
__ Dental syringes | ||
__ Lancets | ||
__ Capillary tubes | ||
__ Other device (specify) |
In departments that have direct patient care, the PI or responsible supervisor alone cannot evaluate and select the safer sharps devices; supervisors must choose non-managerial employees who perform tasks using the sharps also to be involved in this process.
The following non-managerial employees will participate in the evaluation process
Sharps Safety Device Selection and Evaluation Committee | |
Name | Job Title/Job Classification |
- The PI or supervisor should encourage each evaluator to comment on evaluation forms. The Centers for Disease Control and Prevention (CDC) have sample screening and evaluation forms available HERE.
- The PI or supervisor will be responsible for the completed sharps evaluation forms.
- Note: If there is no safer option for a particular sharps device used where there is exposure to blood or OPIM, you are not required to use something other than the device that is normally used. This information must be documented. During your annual review of devices, you must inquire about new or prospective safer options.
Once the evaluation process is complete and the safer sharp device has been chosen, the PI or supervisor must implement use of the safer sharps devices as soon as possible.
Note: The selection and implementation process cannot be postponed in order to use up supplies of non-safer sharps. Additionally, when the safer sharps are in place, supplies of the non-safer sharps may not be used.
The review and update of the Exposure Control Plan must reflect innovations in procedure and technological developments that eliminate or reduce exposure to bloodborne pathogens. This includes, but is not limited to, newly available sharps devices designed to reduce the risk of percutaneous exposure to bloodborne pathogens.
The following web sites provide additional information on the Needlestick Safety Act, Needlestick injury prevention and available Sharps Safety Devices.
- For a list of safety-engineered sharp devices and other products designed to prevent occupational exposures to bloodborne pathogens: Sharps Safety Device List
The PI or supervisor is responsible for ensuring engineering controls are maintained or replaced as necessary to ensure their effectiveness
- Check that there is an adequate stock of supplies (e.g. sharps containers, red bags, gloves)
- Check the fill level of sharps containers and replace filled containers with new ones
- Check the fill level of infectious waste containers and appropriately close or seal containers when no more than ¾ full.
- Ensure controls are adequate for existing and new work tasks and infectious materials.
- Ensure controls are readily accessible to affected employees.
- Implement alternative controls if necessary (e.g. provide antiseptic towelettes or waterless antiseptic agents if no handwashing facility is available, provide secondary container if outside of primary is soiled or for transport).
Work Practice and Administrative Controls
Work Practice controls are behavioral means of reducing an individual's exposure potential by following established rules, procedures, or guidelines associated with a particular work task. Safe work practices used in conjunction with engineering controls and PPE may substantially decrease an individual's risk of incurring an exposure to blood or OPIM.
All employees must adhere to the following work practice controls:
- Observe Universal/Standard Precautions at all times. (See section 3. A. above)
- Washing Hands with soap and water for at least fifteen (15) seconds is required immediately after any exposure, and as soon as possible after removal of gloves or other personal protective equipment. If employees incur exposure to skin, those areas will be washed with soap and water. Exposures to eyes or mucous membranes require flushing with water.
- Antiseptic towelettes or other waterless hand cleaners/disinfectants may be used if handwashing facilities are not feasible for a particular situation. If these temporary alternatives are used, wash hands with soap and running water as soon as feasible.
- Needles and Sharps will not be bent, recapped, removed, sheared or purposely broken. Needles and other sharps will be discarded into approved sharps containers. Recapping is permitted only if no other means are feasible and a mechanical device or one-handed technique is used.
- Personal Protective Equipment will be removed immediately upon leaving the work area. Lab coats, used as PPE, must not be worn outside the work area. Items visibly contaminated or likely to be contaminated with blood, OPIM, or infectious agents are to be discarded in infectious waste containers. Items that meet the definition of Regulated waste (see Section 3, Waste Disposal) are to be disposed in infectious waste containers.
- Eating, Drinking, applying cosmetics, and handling contact lenses are prohibited in work areas where there is a possibility of occupational exposure. Food and beverages will not be stored in refrigerators, freezers, counters or bench tops where blood or OPIM are present.
- Mouth Pipetting or suctioning is prohibited.
- All procedures involving blood or OPIM will be conducted in a manner minimizing spraying, splashing or generation of droplets.
- Post BIOHAZARD signs or labels at entrances to work areas, refrigerators, freezes, fume hoods, biosafety cabinets, etc. where blood or OPIM is used or stored
- Needleless Systems or Sharps with engineered sharps injury protectors must be considered and used to the extent feasible for the collection of bodily fluids or withdrawal of body fluids, accessing a vein or artery, or administering medications or other fluids.
Other Work Practice Controls employed by this unit: (Please list if applicable) |
Personal Protective Equipment
Personal Protective Equipment (PPE) is specialized clothing or equipment worn by a worker for protection against a hazard. When there is a risk of occupational exposure to Bloodborne Pathogens, PPE is an effective means of protection when the proper type is used and its integrity maintained. PPE such as, but not limited to gloves, gowns, aprons, surgical caps, foot covers, lab coats, face shields, masks, and respirators will be provided to employees as appropriate.
All personal protective equipment (PPE) used will be provided, at no cost to the employees.
PPE is chosen based on the anticipated exposure. The PPE will be considered appropriate only if it does not permit blood or OPIM to pass through or reach the employee's clothing, skin, eyes, mouth, or mucous membranes under normal conditions of use and for the duration of time the PPE will be used.
At a minimum, individuals working with BBP will wear a lab coat & gloves while handling or processing blood or OPIM. Tasks or procedures that may produce aerosols, if not performed in a biosafety cabinet, require the use of appropriate face protection: a surgical mask with safety glasses or glasses with either side shields, or chin length face shield.
Employees exhibiting dermatitis, allergy or sensitivity to normally provided gloves will be provided with hypoallergenic, powder-free gloves or gloves of an alternative, equally protective material.
The Principal Investigator, or supervisor is responsible for ensuring that PPE in appropriate sizes is readily accessible to all employees and will ensure there is an adequate stock of supplies and PPE.
The supervisor or PI must ensure that all employees are trained in the proper selection, use, limitations, donning and doffing, cleaning or disposal of PPE that is appropriate for the tasks they will perform.
All employees must adhere to the following precautions when wearing PPE:
- Contaminated PPE will be removed as soon as possible.
- All PPE must be removed prior to leaving the work area, whether contaminated or not. This is especially important for gloves, since they are generally assumed to be contaminated. When disposable gloves are removed, they must be discarded in Biohazard containers.
- Gloves are worn when employees may have hand contact with blood, OPIM, mucous membranes or non-intact skin, or contaminated items or surfaces.
- Gloves must be replaced as soon as possible if they are torn, punctured, or when their ability to function as a barrier is compromised.
- Gloves must not be worn to transport blood or OPIM outside the work area, as a means to prevent skin contact. Instead, the primary container is placed in a clean secondary container for transport, making gloves unnecessary.
- Disposable gloves may only be used once. Gloves will be discarded when removed. They are not to be washed or decontaminated for re-use.
- Utility gloves may be decontaminated for re-use if the integrity of the glove is not compromised. However, they must be discarded if they are torn or punctured.
- Lab coats and other washable PPE must be laundered either by a laundry service or on-site, by machine using regular settings and detergent and bleach. These items and other contaminated garments must not be sent home with the employee for cleaning.
- Street clothes are not considered PPE. Scrubs are usually worn in a manner similar to street clothes; therefore, street clothes and scrubs should be covered by appropriate gowns, aprons or lab coats when splashes to the skin or clothes are reasonably anticipated.
List PPE required for tasks and procedures in which BBP occupational exposure may occur. | ||
PPE | Task/Procedure | Location of PPE |
Gloves __ Latex __ Nitrile __ Other (specify) _______ | (include all tasks when handling Blood or OPIM) | |
Clothing __ Cloth Lab Coats __ Disposable Lab Coats __ Gowns, aprons __ Foot, head covers | ||
Eye and Face Protection __ Face shields __ Goggles and Masks __ Safety Glasses and Masks | (Include all procedures conducted that generate sprays, splashes, droplets, aerosols when conducted without engineering controls) | |
Other PPE (specify) ______________ | ||
Housekeeping
Proper and routine cleaning and decontamination of work areas is an integral part of preventing environmental transmission of bloodborne pathogens.
The Principal Investigator or supervisor will ensure work areas will be maintained in a clean and sanitary condition. A written schedule for cleaning and methods of decontamination based on the location, type of surface to be cleaned, type of soil present, and the tasks or procedures done in the area will be implemented.
Work Surfaces
Work surfaces and equipment will be cleaned and decontaminated at the completion of procedures, as soon as possible after contact with blood or OPIM, and at the end of the work shift if they may have been contaminated during the shift.
Appropriate Disinfectant
Cleaning of contaminated work surfaces after completion of procedures is required to ensure that employees are not unwittingly exposed to blood or OPIM remaining on a surface. Appropriate disinfectants include a diluted bleach solution and EPA registered tuberculocides (List B), and products registered against HIV/HBV (List D). OSHA Instruction CPL 2-2.69 (Nov. 19, 2001) does not include 70% alcohol among "appropriate disinfectants" and thus, it may not be used as the sole disinfectant.
Under this standard, OSHA has interpreted that, to decontaminate contaminated work surfaces, either an EPA-registered hospital tuberculocidal disinfectant or an EPA-registered hospital disinfectant labeled as effective against human immunodeficiency virus (HIV) and hepatitis B virus (HBV) is appropriate. Hospital disinfectants with such HIV and HBV claims can be used, provided surfaces are not contaminated with agents or concentration of agents for which higher level (i.e., intermediate-level) disinfection is recommended. In addition, as with all disinfectants, effectiveness is governed by strict adherence to the label instructions for intended use of the product.
The lists of the EPA Registered products are available from the EPA Website
NOTE: The EPA lists contain the primary registrants' products only. The same formulation is frequently repackaged and renamed and distributed by other companies. These renamed products will not appear on the list, but their EPA Registration number must appear on the label.
The following is just a sample of some commercially available disinfectants, and is not meant to be a comprehensive list. Please consult the university stock room and other vendors for these and other "appropriate disinfectants".
- Bleach (Clorox) Solution (5.25% available chlorine in a 1/10 or 1/100 dilution in water)
- CiDecon Detergent Disinfectant (Decon Laboratories, Inc.)
- BDD Backdown (Decon Laboratories)
- Cavicide (Metex Research Corp.)
- Process NPD (Steris Corp.)
- Sani-Cloth (PDI)
- Dispatch Hospital Cleaner Disinfectant (Caltech Industries)
- Amphyl (Reckitt Benckiser)
- Envirocide (Metex Research Corp.)
Any of the above mentioned products are considered effective when used according to the manufacturer's instructions provided the surfaces have not become contaminated with agents or volumes of concentrated agents for which a higher level of disinfection is recommended.
Spills
Spills must be cleaned up immediately. Use personal protective equipment (PPE) appropriate to prevent BBP or OPIM from coming in contact with your hands, mucous membranes, non-intact skin or penetrating protective clothing. For most spills, a lab coat or disposable gown and gloves should be sufficient.
Clean up and absorb liquid material with paper towels or other absorbent materials to prevent spill from spreading. Use tongs or similar device to pick up broken glassware or sharps and dispose in sharps container. Discard paper towels used to soak up spill in biohazard container, and any broken glass in a sharps container. Most organic material must be cleaned before disinfecting the area.
Disinfect spill area by first laying absorbent material over spill area, and then gently adding a 10% bleach solution or other "appropriate disinfectant" and allowing it soak for the required contact time (15-20 min. for bleach or see manufactures recommended contact time). Wash your Hands. After contact time has elapsed, wipe area with water or cleaning solution if indicated. Wash your hands. If you have a question about a biohazard spill, call DEHS at 502.852.6670. If this is an emergency call DPS at 502.852.6111.
The following table is a schedule of cleaning and decontamination based upon the location within the facility, type of surface to be cleaned (e.g. hard-surface versus carpeting) and type of soil present (e.g. gross contamination versus minor spattering) and tasks and procedures being performed (e.g. lab analyses versus blood collection). At a minimum, work surfaces and equipment that come in contact with Blood or OPIM will be cleaned and disinfected at the completion of procedures and immediately, or as soon as possible after a spill.
Cleaning and Disinfection Schedule for Work Area(s) | |||
Item or surface cleaned and disinfected | Location of Item (Bldg. Rm. #) | Cleaner/ Disinfectant Note: Alcohol is not permitted as sole a disinfectant | Schedule of Cleaning: (e.g. Before and after each use, At the end of the day or shift, and Immediately or as soon as feasible after a spill) |
Bench top | |||
Counter top | |||
Other surfaces: | |||
Biosafety Cabinet | |||
Fume Hood | |||
Equipment: Centrifuge | |||
Sonicator | |||
Refrigerator | |||
Freezer | |||
Other equipment or supplies | |||
All employees must adhere to the following practices of housekeeping and infection control:
- Protective coverings such as imperviously backed absorbent paper, plastic wrap or aluminum foil used to cover equipment and environmental surfaces will be removed and replaced as soon as feasible after contamination.
- Inspect regularly all bins, pails, cans and similar receptacles intended for reuse that may become contaminated. Receptacles will be cleaned and decontaminated immediately or as soon as feasible upon visible contamination.
- Broken glassware that may be contaminated must never be picked up by hand. Mechanical means such as forceps, tongs, or dustpan and broom must be used. Tools used in cleanup must be properly disinfected or discarded. The broken glass must be placed in a sharps container.
Regulated Waste Disposal
Regulated waste is defined by OSHA as liquid or semi-liquid blood or OPIM; contaminated items that would release blood or OPIM in a liquid or semi-liquid state if compressed; items that are caked with dried blood or OPIM capable of releasing these materials during handling; contaminated sharps; all needles and syringes regardless of their use; and pathological and microbiological wastes. All employees will adhere to the following when disposing Regulated Waste:
- Immediately after use, sharps will be disposed of in closable, puncture resistant containers that are leak proof on sides and bottom, and labeled or color-coded (see Section 6 for label requirements).
- Sharps containers will be replaced routinely and not allowed to overfill.
- Reusable sharps containers will not be opened, emptied, or cleaned manually in a manner that would expose employees to the risk of percutaneous injury. Employees may NOT place their hands into containers whose contents include reusable sharps.
- All regulated waste must be segregated, packaged and discarded in accordance with the policies outlined in the University of Louisville Disposal Guide for Infectious Medical Waste. It is the responsibility of the department, or laboratory generating regulated waste to comply with these guidelines, and provide the appropriate packaging material (i.e. sharps containers and orange/red Biohazard bags). A copy of the UofL guidelines for disposal of Infectious Waste is included in Appendix B.
Contaminated Laundry
The department, PI or supervisor is responsible for providing laundry services for contaminated lab coats, other contaminated re-usable garments and any other contaminated non-disposable laundry items. Laundry service is provided by (name of vendor) _____________________________.
- Laundry contaminated with blood or OPIM will be handled as little as possible. Such laundry will be placed in appropriately marked bags (red bags) at the location where it is used.
- All employees who handle contaminated laundry will use appropriate personal protective equipment (gloves).
- Disposable articles may be used when feasible to reduce the generation of contaminated laundry.
- Laundry items should not be rinsed prior to being placed in laundry bags.
- Should employee owned clothing be contaminated, laundry services will also be provided. Home laundering of personal protective equipment or contaminated clothing is not permitted.
Labels and Signs
The PI or supervisor is responsible for ensuring labels and signs are available and posted as necessary to ensure adequate information is provided to workers and visitors entering the work area.
- Labels shall be affixed to containers of regulated waste, sharps containers, refrigerators, freezers, or other containers used to store, transport, or ship blood or OPIM.
- Red bags or containers may be substituted for labels as appropriate.
- Contaminated equipment will be labeled indicating contaminated surfaces and areas.
- The required labels will include the International Biohazard Symbol and BIOHAZARD written under the symbol.
- The labels will be fluorescent orange or orange-red with the letters and symbols in a contrasting color (Black).
- Labels will be affixed as close as feasible to the container, in a way that prevents their loss or unintentional removal.
Hepatitis B Vaccination Program
The Principal Investigator, or responsible supervisor, must ensure all employees identified as having occupational exposure to blood or OPIM are offered the Hepatitis B vaccine, at no cost to the employee, within 10 working days of assignment to a job with potential exposure.
- The PI or supervisor will have the employee complete the Hepatitis B Vaccine Offer Form, and will maintain a copy of the form. The form requires the employee to choose one of three options:
- Option A: the employee elects to receive the vaccine at this time, at no cost to them.
- Option B: is the OSHA declination statement, indicating the employee declines the vaccine at this time, but may elect to receive the vaccine at no charge if they continue to have occupational exposure.
- Option C: the employee has been previously vaccinated or is unsure of vaccine status.
Accepting the Hepatitis B Vaccine and Titer Check
Supervisors must ensure that employees choosing to receive the hepatitis B vaccine or titer check, report to the Health Services Office within the 10 working day period.
- Employees opting to receive the vaccine or titer check are to report to the Belknap or HSC Health Services Office within 10 working days. Employees will be provided with additional information about the vaccine, and will be provided the vaccine after a medical evaluation and signing a consent form. The vaccine will be provided in accordance with current US Public Health Service Centers for Disease Control Guidelines current at the time. Currently, the vaccine is given in a three dose series, followed by a titer check. A booster dose is not recommended at this time.
Vaccine records, titer checks and all medical records will be maintained in the Health Services Office.
The vaccine is not mandatory, but is strongly encouraged, unless the employee has previously received the complete Hepatitis B vaccination series, antibody testing has revealed that the employee is immune, or the vaccine is contraindicated for medical reasons.
All employees are strongly encouraged to be vaccinated against Hepatitis B virus if their work may expose them to blood or OPIM including human cells, tissue cultures, blood products and blood components.
Vaccines are provided on a walk-in basis. The Hepatitis B vaccination is made available through either the:
In accordance with the OSHA Bloodborne Pathogens Standard, 29 CFR 1910.1030, the following exposure control plan has been developed for
Dept, School, or Unit
Location: Campus, Bldg, Rm. #
Preparation Date
PI, PD, Manager or Responsible Supervisor
Job Title or Position
Introduction
In 1992, the Occupational Safety and Health Administration (OSHA) enacted the Bloodborne Pathogens Standard codified as 29 CFR 1910. 1030. The purpose of the standard is to protect workers from anticipated exposures to bloodborne pathogens including Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (HIV).
The OSHA Bloodborne Pathogens Standard was modified in 2001 to include the Needlestick Safety and Prevention Act which includes new examples in the definition of engineering controls, requires exposure control plans reflect changes in technology that eliminate or reduce exposure to bloodborne pathogens, requires employers to consider safer needle devices when they conduct their annual review of their exposure control plan and requires employers to solicit input from non-managerial employees responsible for direct patient care in the identification, evaluation and selection of engineering and work practice controls. It also requires the employer to document this input in the exposure control plan and requires employers to establish and maintain a log of percutaneous injuries from contaminated sharps.
The Exposure Control Plan (ECP) is designed to minimize occupational exposure by identifying potentially exposed employees, routinely employing Universal Precautions and instituting engineering and work practice controls.
Review and Update of the Exposure Control Plan
This Exposure Control Plan will be reviewed and updated by the responsible supervisor, PI, or Dept Head at least annually, and when necessary to reflect new or modified tasks and procedures that affect occupational exposure, and to reflect new or revised employee positions that affect occupational exposure. The review and update of the plan will also: (1) Reflect changes in technology that eliminate or reduce exposure bloodborne pathogens; and (2) Documents annually consideration and implementation of appropriate commercially available and effective safer medical devices designed to eliminate or minimize occupational exposure.
Exposure Control Plan Annual Review
Name of Reviewer
Signature
Scope and Application
This Exposure Control Plan applies to all employees at risk of occupational exposure to bloodborne pathogens. Workers at risk are identified based on their Job Classifications or the Tasks and Procedures associated with the work they perform. Therefore, it is important that an accurate Exposure Determination be conducted to identify all individuals covered by this plan.
Exposure Determination
OSHA requires employers to determine (perform an exposure determination concerning) which employees may incur occupational exposure to blood or other potentially infectious materials (OPIM). The exposure determination is made without regard to the use of personal protective equipment (e.g., employees are considered to have potential exposure even if they wear PPE). This exposure determination contains the following:
Please indicate (check) all the materials to which employees may have reasonably anticipated contact.
Exposure Determination by Potentially Infectious Materials
This laboratory or clinic has the following Human/Primate Clinical Specimens: (please specify)
Research Materials Derived from Human/Primate Blood or OPIM
__ Human Blood
__Human primary or permanent cells, cell lines
__Human Blood Products (e.g. albumin, Factor 8)
__Other Research materials derived from Human or Primate Blood or Other specimens:
__Other body fluids (e.g. amniotic fluid, semen, vaginal secretions, peritoneal fluid, pericardial fluid, cerebrospinal fluid, pleural fluid, synovial fluid, saliva in dental procedures, any body fluids visibly contaminated with blood, etc.)
__Animal tissue/cells infected with HIV or HBV, HCV, etc. (i.e. see agents listed below)
__Human tissue or organs, teeth
__Non-human primate cell lines, tissues, body fluids
__Other:
__Other:
This laboratory or clinic has the following BBP Exposure Agents: (please specify)
__Bacteria: (e.g. Brucella abortis, Corynebacterium diptheriae, Neisseria Gonorrhoeae)
__Viruses: (e.g. HIV, HBV, HCV, Cytomegalovirus, Epstein Barr Virus, Hepatitis D Virus, West Nile Virus,)
__Animal Specimens infected with Human Bloodborne Pathogens: (Herpes B Virus, Fancisella tularensis, coxiella burnetti, Leptospira, interrogans, Rabies virus)
List all employees, their job classifications and the associated tasks in which occupational exposure to bloodborne pathogens may occur.
List the tasks, procedures and activities or groups of closely related tasks and procedures, which are associated with occupational exposure to blood or other potentially infectious materials. Please be sure to include all activities both primary and ancillary to your project in which occupational exposure may occur. In those activities or tasks, which only some employees may be assigned, please specify which employees (by name, title, or job classification) will be involved in each activity.
Exposure Determination
Employee Name
Title or Job Classification
Specific tasks that may cause exposure to BBP
Method of Implementation
Engineering, work practice controls, and personal protective equipment, as outlined in this Exposure Control Plan will be used to eliminate or reduce employee exposure to Bloodborne Pathogens hazards.
The Exposure Control Plan will be reviewed and updated at least annually, and when necessary to reflect new or modified tasks and procedures, and to reflect new or revised employee positions that affect occupational exposure. The review will also document the consideration and implementation of changes in technology and safer needle devices that reduce or eliminate exposure.
The Principal Investigator or supervisor is responsible for the overall implementation, developing site-specific procedures and specific policies, and the annual review and update of the Plan.
The Department of Environmental Health and Safety is available to assist with development of the exposure control plan, employee training and other consultative roles as related to the OSHA standard.
A copy of this plan will be accessible in the work place to all employees at risk for occupational exposure.
Copies of the Plan are located:
Compliance Methods
Universal/Standard Precautions
Universal or what is now often referred to as Standard Precautions is a simple approach to infection control and will be used with all blood or other potentially infectious materials (OPIM). Universal Precautions were developed by the Centers for Disease Control to help prevent the transmission of bloodborne diseases in the work place. Under Standard Precautions, all human blood, human body fluids, secretions and excretions, and other potentially infectious materials (OPIM) are considered infectious for HIV, HBV, HCV and other bloodborne diseases. Therefore, all human blood and OPIM are treated as though they are infectious and precautions are taken accordingly.
OPIM includes the following: body fluids-semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids
Any unfixed tissue or organ (other than intact skin) from a human (living or dead)
Blood products and blood components, albumin, factors 8 and 9, immune globulin
Human cells or tissue cultures, and HIV or HBV containing culture medium or other solutions,
Blood, organs and other tissues from experimental animals infected with Bloodborne pathogens or OPIM
Human cells, cell lines, cell strains, tissue cultures, cell media,
Non-human primate cells, cell lines, cell strains, tissue cultures, cell media
Engineering Controls
Engineering controls are physical or mechanical means of isolating or removing bloodborne hazards from the work area. Engineering and work practice controls are used to eliminate or minimize exposure to employees. Where occupational exposure remains after institution of these controls, personal protective equipment will be used.
The following engineering controls are used:
- Handwashing facilities with appropriate hand cleaners and disposable towels are readily available in the work area, such as the laboratory, procedure room, or patient care area. Where it is not feasible to have handwashing facilities readily accessible, disinfectant hand cleaners (containing at least 60% alcohol) will be provided.
- Sharps containers are available where sharps are used. Appropriate containers are puncture resistant, labeled with a biohazard label or color coded, and leak proof on the sides and bottom. Sharps containers are located as close to the point of use as possible, preferably at eye level. Sharps containers may not be allowed to overfill.
- Re-usable Sharps Containers will not be opened, emptied, or cleaned manually; or in any other manner that would expose employees to the risk of percutaneous injury.
- A guide for the proper selection and use of sharps containers can be found at the following website:
https://stacks.cdc.gov/view/cdc/6386/cdc_6386_DS1.pdf (PDF)
- Sharps safety devices will be used to the extent feasible, appropriate, commercially available and effective to reduce employee exposure to blood or OPIM for withdrawing body fluids, accessing a vein or artery or administering medications or other fluids. Sharps with Engineered Sharps Injury Protections (SESIPs) encompasses a broad array of devices including: syringes with guards or sliding sheaths that shield the attached needle after use, needles that retract into the syringe after use, needless IV medication connection systems, and plastic capillary tubes. A list of safety devices with manufactures and specific products can be found at the following web site:
- Biological Safety Cabinets (Class II) will in appropriate situations (i.e. labs) to provide worker protection during aerosol generating procedures with human blood and OPIM including human cells, tissue cultures, and blood products and blood components. Class II Biological Safety Cabinets, while providing laminar airflow to protect research material, are designed with inward flow to protect personnel, and filtered exhaust air for environmental protection as well.
- Infectious Waste is discarded into biohazard containers, lined with a red plastic bag. If the waste could puncture the bags, it must first be placed in a sharps container.
- Mechanical Pipettes must be used; mouth pipetting is prohibited.
- Containers for blood or OPIM: Specimens of blood or other potentially infectious material will be placed in a container that prevents leakage during collection, handling, processing, storage, transport and shipping.
- The container for storage, transport, or shipping shall be labeled with the Biohazard warning symbol in fluorescent orange or orange-red, and closed prior to being stored, transported, or shipped.
- If outside contamination of the primary container may have occurred, the primary container will be placed within a second container that prevents leakage during handling, processing, storage, transport, or shipping and is labeled with the Biohazard warning symbol in fluorescent orange or orange-red.
- If the specimen could puncture the primary container, the primary container will be placed within a second container that is puncture-resistant in addition to the above characteristics.
- Autoclaves are available in some labs, clinics or units for decontamination. Proper use of equipment is essential to ensure sterilization.
- Transportation: Transportation refers to the packaging and shipping of materials by air, land or sea. Transfer refers to the process of exchanging these materials between facilities. When transporting blood or OPIM off site, all federal, state and local regulations for packaging transportation must followed. Please contact the Biosafety Office at 852-6670 for further information.
- Contaminated Equipment will be decontaminated prior to servicing or shipping. Equipment that cannot be decontaminated will be labeled with a biohazard label. When using centrifuges, balanced tubes will be used and procedures immediately implemented to cleanup the equipment if an accidental spill occurs.
- Plastic or Mylar Coated Capillary tubes will be used instead of glass capillary tubes.
Other Engineering controls employed by this unit: (please specify)
Needle Stick and Sharps Safety
The supervisor or PI who has employees with direct patient contact must consider and, where appropriate, use effective engineering controls, including safer sharps devices or needleless systems for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids, in order to reduce the risk of injury from needlesticks and from other sharp medical instruments. This includes:
- Establish a program for evaluating safer sharps devices designed to eliminate or minimize occupational exposure. This program should include an identification process, an evaluation process and a selection process.
- Review the sharps that are being used on an annual basis.
Note: An appropriate safer sharps device includes only devices whose use, based on reasonable judgment in individual cases, will not jeopardize patient or employee safety or be medically contraindicated.
The PI or supervisor must identify all sharp devices that have available products with safer engineering features and determine which products are to be evaluated.
Sharps Product Evaluated
Safety Device Available/Acceptable
Date Evaluated
__ Syringe
__ Scalpels
__ IV access device
__ IV medication connectors
__ Vacuum tube collection systems
__ Dental syringes
__ Lancets
__ Capillary tubes
__ Other device (specify)
In departments that have direct patient care, the PI or responsible supervisor alone cannot evaluate and select the safer sharps devices; supervisors must choose non-managerial employees who perform tasks using the sharps also to be involved in this process.
The following non-managerial employees will participate in the evaluation process
Sharps Safety Device Selection and Evaluation Committee
Name
Job Title/Job Classification
- The PI or supervisor should encourage each evaluator to comment on evaluation forms. The Centers for Disease Control and Prevention (CDC) have sample screening and evaluation forms available HERE.
- The PI or supervisor will be responsible for the completed sharps evaluation forms.
- Note: If there is no safer option for a particular sharps device used where there is exposure to blood or OPIM, you are not required to use something other than the device that is normally used. This information must be documented. During your annual review of devices, you must inquire about new or prospective safer options.
Once the evaluation process is complete and the safer sharp device has been chosen, the PI or supervisor must implement use of the safer sharps devices as soon as possible.
Note: The selection and implementation process cannot be postponed in order to use up supplies of non-safer sharps. Additionally, when the safer sharps are in place, supplies of the non-safer sharps may not be used.
The review and update of the Exposure Control Plan must reflect innovations in procedure and technological developments that eliminate or reduce exposure to bloodborne pathogens. This includes, but is not limited to, newly available sharps devices designed to reduce the risk of percutaneous exposure to bloodborne pathogens.
The following web sites provide additional information on the Needlestick Safety Act, Needlestick injury prevention and available Sharps Safety Devices.
- For a list of safety-engineered sharp devices and other products designed to prevent occupational exposures to bloodborne pathogens: Sharps Safety Device List
The PI or supervisor is responsible for ensuring engineering controls are maintained or replaced as necessary to ensure their effectiveness
- Check that there is an adequate stock of supplies (e.g. sharps containers, red bags, gloves)
- Check the fill level of sharps containers and replace filled containers with new ones
- Check the fill level of infectious waste containers and appropriately close or seal containers when no more than ¾ full.
- Ensure controls are adequate for existing and new work tasks and infectious materials.
- Ensure controls are readily accessible to affected employees.
- Implement alternative controls if necessary (e.g. provide antiseptic towelettes or waterless antiseptic agents if no handwashing facility is available, provide secondary container if outside of primary is soiled or for transport).
Work Practice and Administrative Controls
Work Practice controls are behavioral means of reducing an individual's exposure potential by following established rules, procedures, or guidelines associated with a particular work task. Safe work practices used in conjunction with engineering controls and PPE may substantially decrease an individual's risk of incurring an exposure to blood or OPIM.
All employees must adhere to the following work practice controls:
- Observe Universal/Standard Precautions at all times. (See section 3. A. above)
- Washing Hands with soap and water for at least fifteen (15) seconds is required immediately after any exposure, and as soon as possible after removal of gloves or other personal protective equipment. If employees incur exposure to skin, those areas will be washed with soap and water. Exposures to eyes or mucous membranes require flushing with water.
- Antiseptic towelettes or other waterless hand cleaners/disinfectants may be used if handwashing facilities are not feasible for a particular situation. If these temporary alternatives are used, wash hands with soap and running water as soon as feasible.
- Needles and Sharps will not be bent, recapped, removed, sheared or purposely broken. Needles and other sharps will be discarded into approved sharps containers. Recapping is permitted only if no other means are feasible and a mechanical device or one-handed technique is used.
- Personal Protective Equipment will be removed immediately upon leaving the work area. Lab coats, used as PPE, must not be worn outside the work area. Items visibly contaminated or likely to be contaminated with blood, OPIM, or infectious agents are to be discarded in infectious waste containers. Items that meet the definition of Regulated waste (see Section 3, Waste Disposal) are to be disposed in infectious waste containers.
- Eating, Drinking, applying cosmetics, and handling contact lenses are prohibited in work areas where there is a possibility of occupational exposure. Food and beverages will not be stored in refrigerators, freezers, counters or bench tops where blood or OPIM are present.
- Mouth Pipetting or suctioning is prohibited.
- All procedures involving blood or OPIM will be conducted in a manner minimizing spraying, splashing or generation of droplets.
- Post BIOHAZARD signs or labels at entrances to work areas, refrigerators, freezes, fume hoods, biosafety cabinets, etc. where blood or OPIM is used or stored
- Needleless Systems or Sharps with engineered sharps injury protectors must be considered and used to the extent feasible for the collection of bodily fluids or withdrawal of body fluids, accessing a vein or artery, or administering medications or other fluids.
Other Work Practice Controls employed by this unit: (Please list if applicable)
Personal Protective Equipment
Personal Protective Equipment (PPE) is specialized clothing or equipment worn by a worker for protection against a hazard. When there is a risk of occupational exposure to Bloodborne Pathogens, PPE is an effective means of protection when the proper type is used and its integrity maintained. PPE such as, but not limited to gloves, gowns, aprons, surgical caps, foot covers, lab coats, face shields, masks, and respirators will be provided to employees as appropriate.
All personal protective equipment (PPE) used will be provided, at no cost to the employees.
PPE is chosen based on the anticipated exposure. The PPE will be considered appropriate only if it does not permit blood or OPIM to pass through or reach the employee's clothing, skin, eyes, mouth, or mucous membranes under normal conditions of use and for the duration of time the PPE will be used.
At a minimum, individuals working with BBP will wear a lab coat & gloves while handling or processing blood or OPIM. Tasks or procedures that may produce aerosols, if not performed in a biosafety cabinet, require the use of appropriate face protection: a surgical mask with safety glasses or glasses with either side shields, or chin length face shield.
Employees exhibiting dermatitis, allergy or sensitivity to normally provided gloves will be provided with hypoallergenic, powder-free gloves or gloves of an alternative, equally protective material.
The Principal Investigator, or supervisor is responsible for ensuring that PPE in appropriate sizes is readily accessible to all employees and will ensure there is an adequate stock of supplies and PPE.
The supervisor or PI must ensure that all employees are trained in the proper selection, use, limitations, donning and doffing, cleaning or disposal of PPE that is appropriate for the tasks they will perform.
All employees must adhere to the following precautions when wearing PPE:
- Contaminated PPE will be removed as soon as possible.
- All PPE must be removed prior to leaving the work area, whether contaminated or not. This is especially important for gloves, since they are generally assumed to be contaminated. When disposable gloves are removed, they must be discarded in Biohazard containers.
- Gloves are worn when employees may have hand contact with blood, OPIM, mucous membranes or non-intact skin, or contaminated items or surfaces.
- Gloves must be replaced as soon as possible if they are torn, punctured, or when their ability to function as a barrier is compromised.
- Gloves must not be worn to transport blood or OPIM outside the work area, as a means to prevent skin contact. Instead, the primary container is placed in a clean secondary container for transport, making gloves unnecessary.
- Disposable gloves may only be used once. Gloves will be discarded when removed. They are not to be washed or decontaminated for re-use.
- Utility gloves may be decontaminated for re-use if the integrity of the glove is not compromised. However, they must be discarded if they are torn or punctured.
- Lab coats and other washable PPE must be laundered either by a laundry service or on-site, by machine using regular settings and detergent and bleach. These items and other contaminated garments must not be sent home with the employee for cleaning.
- Street clothes are not considered PPE. Scrubs are usually worn in a manner similar to street clothes; therefore, street clothes and scrubs should be covered by appropriate gowns, aprons or lab coats when splashes to the skin or clothes are reasonably anticipated.
List PPE required for tasks and procedures in which BBP occupational exposure may occur.
PPE
Task/Procedure
Location of PPE
Gloves
__ Latex
__ Nitrile
__ Other (specify) _______
(include all tasks when handling Blood or OPIM)
Clothing
__ Cloth Lab Coats
__ Disposable Lab Coats
__ Gowns, aprons
__ Foot, head covers
Eye and Face Protection
__ Face shields
__ Goggles and Masks
__ Safety Glasses and Masks
(Include all procedures conducted that generate sprays, splashes, droplets, aerosols when conducted without engineering controls)
Other PPE (specify) ______________
Housekeeping
Proper and routine cleaning and decontamination of work areas is an integral part of preventing environmental transmission of bloodborne pathogens.
The Principal Investigator or supervisor will ensure work areas will be maintained in a clean and sanitary condition. A written schedule for cleaning and methods of decontamination based on the location, type of surface to be cleaned, type of soil present, and the tasks or procedures done in the area will be implemented.
Work Surfaces
Work surfaces and equipment will be cleaned and decontaminated at the completion of procedures, as soon as possible after contact with blood or OPIM, and at the end of the work shift if they may have been contaminated during the shift.
Appropriate Disinfectant
Cleaning of contaminated work surfaces after completion of procedures is required to ensure that employees are not unwittingly exposed to blood or OPIM remaining on a surface. Appropriate disinfectants include a diluted bleach solution and EPA registered tuberculocides (List B), and products registered against HIV/HBV (List D). OSHA Instruction CPL 2-2.69 (Nov. 19, 2001) does not include 70% alcohol among "appropriate disinfectants" and thus, it may not be used as the sole disinfectant.
Under this standard, OSHA has interpreted that, to decontaminate contaminated work surfaces, either an EPA-registered hospital tuberculocidal disinfectant or an EPA-registered hospital disinfectant labeled as effective against human immunodeficiency virus (HIV) and hepatitis B virus (HBV) is appropriate. Hospital disinfectants with such HIV and HBV claims can be used, provided surfaces are not contaminated with agents or concentration of agents for which higher level (i.e., intermediate-level) disinfection is recommended. In addition, as with all disinfectants, effectiveness is governed by strict adherence to the label instructions for intended use of the product.
The lists of the EPA Registered products are available from the EPA Website
NOTE: The EPA lists contain the primary registrants' products only. The same formulation is frequently repackaged and renamed and distributed by other companies. These renamed products will not appear on the list, but their EPA Registration number must appear on the label.
The following is just a sample of some commercially available disinfectants, and is not meant to be a comprehensive list. Please consult the university stock room and other vendors for these and other "appropriate disinfectants".
- Bleach (Clorox) Solution (5.25% available chlorine in a 1/10 or 1/100 dilution in water)
- CiDecon Detergent Disinfectant (Decon Laboratories, Inc.)
- BDD Backdown (Decon Laboratories)
- Cavicide (Metex Research Corp.)
- Process NPD (Steris Corp.)
- Sani-Cloth (PDI)
- Dispatch Hospital Cleaner Disinfectant (Caltech Industries)
- Amphyl (Reckitt Benckiser)
- Envirocide (Metex Research Corp.)
Any of the above mentioned products are considered effective when used according to the manufacturer's instructions provided the surfaces have not become contaminated with agents or volumes of concentrated agents for which a higher level of disinfection is recommended.
Spills
Spills must be cleaned up immediately. Use personal protective equipment (PPE) appropriate to prevent BBP or OPIM from coming in contact with your hands, mucous membranes, non-intact skin or penetrating protective clothing. For most spills, a lab coat or disposable gown and gloves should be sufficient.
Clean up and absorb liquid material with paper towels or other absorbent materials to prevent spill from spreading. Use tongs or similar device to pick up broken glassware or sharps and dispose in sharps container. Discard paper towels used to soak up spill in biohazard container, and any broken glass in a sharps container. Most organic material must be cleaned before disinfecting the area.
Disinfect spill area by first laying absorbent material over spill area, and then gently adding a 10% bleach solution or other "appropriate disinfectant" and allowing it soak for the required contact time (15-20 min. for bleach or see manufactures recommended contact time). Wash your Hands. After contact time has elapsed, wipe area with water or cleaning solution if indicated. Wash your hands. If you have a question about a biohazard spill, call DEHS at 502.852.6670. If this is an emergency call DPS at 502.852.6111.
The following table is a schedule of cleaning and decontamination based upon the location within the facility, type of surface to be cleaned (e.g. hard-surface versus carpeting) and type of soil present (e.g. gross contamination versus minor spattering) and tasks and procedures being performed (e.g. lab analyses versus blood collection). At a minimum, work surfaces and equipment that come in contact with Blood or OPIM will be cleaned and disinfected at the completion of procedures and immediately, or as soon as possible after a spill.
Cleaning and Disinfection Schedule for Work Area(s)
Item or surface cleaned and disinfected
Location of Item
(Bldg. Rm. #)
Cleaner/ Disinfectant
Note: Alcohol is not permitted as sole a disinfectant
Schedule of Cleaning:
(e.g. Before and after each use, At the end of the day or shift, and Immediately or as soon as feasible after a spill)
Bench top
Counter top
Other surfaces:
Biosafety Cabinet
Fume Hood
Equipment: Centrifuge
Sonicator
Refrigerator
Freezer
Other equipment or supplies
All employees must adhere to the following practices of housekeeping and infection control:
- Protective coverings such as imperviously backed absorbent paper, plastic wrap or aluminum foil used to cover equipment and environmental surfaces will be removed and replaced as soon as feasible after contamination.
- Inspect regularly all bins, pails, cans and similar receptacles intended for reuse that may become contaminated. Receptacles will be cleaned and decontaminated immediately or as soon as feasible upon visible contamination.
- Broken glassware that may be contaminated must never be picked up by hand. Mechanical means such as forceps, tongs, or dustpan and broom must be used. Tools used in cleanup must be properly disinfected or discarded. The broken glass must be placed in a sharps container.
Regulated Waste Disposal
Regulated waste is defined by OSHA as liquid or semi-liquid blood or OPIM; contaminated items that would release blood or OPIM in a liquid or semi-liquid state if compressed; items that are caked with dried blood or OPIM capable of releasing these materials during handling; contaminated sharps; all needles and syringes regardless of their use; and pathological and microbiological wastes. All employees will adhere to the following when disposing Regulated Waste:
- Immediately after use, sharps will be disposed of in closable, puncture resistant containers that are leak proof on sides and bottom, and labeled or color-coded (see Section 6 for label requirements).
- Sharps containers will be replaced routinely and not allowed to overfill.
- Reusable sharps containers will not be opened, emptied, or cleaned manually in a manner that would expose employees to the risk of percutaneous injury. Employees may NOT place their hands into containers whose contents include reusable sharps.
- All regulated waste must be segregated, packaged and discarded in accordance with the policies outlined in the University of Louisville Disposal Guide for Infectious Medical Waste. It is the responsibility of the department, or laboratory generating regulated waste to comply with these guidelines, and provide the appropriate packaging material (i.e. sharps containers and orange/red Biohazard bags). A copy of the UofL guidelines for disposal of Infectious Waste is included in Appendix B.
Contaminated Laundry
The department, PI or supervisor is responsible for providing laundry services for contaminated lab coats, other contaminated re-usable garments and any other contaminated non-disposable laundry items. Laundry service is provided by (name of vendor) _____________________________.
- Laundry contaminated with blood or OPIM will be handled as little as possible. Such laundry will be placed in appropriately marked bags (red bags) at the location where it is used.
- All employees who handle contaminated laundry will use appropriate personal protective equipment (gloves).
- Disposable articles may be used when feasible to reduce the generation of contaminated laundry.
- Laundry items should not be rinsed prior to being placed in laundry bags.
- Should employee owned clothing be contaminated, laundry services will also be provided. Home laundering of personal protective equipment or contaminated clothing is not permitted.
Labels and Signs
The PI or supervisor is responsible for ensuring labels and signs are available and posted as necessary to ensure adequate information is provided to workers and visitors entering the work area.
- Labels shall be affixed to containers of regulated waste, sharps containers, refrigerators, freezers, or other containers used to store, transport, or ship blood or OPIM.
- Red bags or containers may be substituted for labels as appropriate.
- Contaminated equipment will be labeled indicating contaminated surfaces and areas.
- The required labels will include the International Biohazard Symbol and BIOHAZARD written under the symbol.
- The labels will be fluorescent orange or orange-red with the letters and symbols in a contrasting color (Black).
- Labels will be affixed as close as feasible to the container, in a way that prevents their loss or unintentional removal.
Hepatitis B Vaccination Program
The Principal Investigator, or responsible supervisor, must ensure all employees identified as having occupational exposure to blood or OPIM are offered the Hepatitis B vaccine, at no cost to the employee, within 10 working days of assignment to a job with potential exposure.
- The PI or supervisor will have the employee complete the Hepatitis B Vaccine Offer Form, and will maintain a copy of the form. The form requires the employee to choose one of three options:
- Option A: the employee elects to receive the vaccine at this time, at no cost to them.
- Option B: is the OSHA declination statement, indicating the employee declines the vaccine at this time, but may elect to receive the vaccine at no charge if they continue to have occupational exposure.
- Option C: the employee has been previously vaccinated or is unsure of vaccine status.
Accepting the Hepatitis B Vaccine and Titer Check
Supervisors must ensure that employees choosing to receive the hepatitis B vaccine or titer check, report to the Health Services Office within the 10 working day period.
- Employees opting to receive the vaccine or titer check are to report to the Belknap or HSC Health Services Office within 10 working days. Employees will be provided with additional information about the vaccine, and will be provided the vaccine after a medical evaluation and signing a consent form. The vaccine will be provided in accordance with current US Public Health Service Centers for Disease Control Guidelines current at the time. Currently, the vaccine is given in a three dose series, followed by a titer check. A booster dose is not recommended at this time.
Vaccine records, titer checks and all medical records will be maintained in the Health Services Office.
The vaccine is not mandatory, but is strongly encouraged, unless the employee has previously received the complete Hepatitis B vaccination series, antibody testing has revealed that the employee is immune, or the vaccine is contraindicated for medical reasons.
All employees are strongly encouraged to be vaccinated against Hepatitis B virus if their work may expose them to blood or OPIM including human cells, tissue cultures, blood products and blood components.
Vaccines are provided on a walk-in basis. The Hepatitis B vaccination is made available through either the:
UofL HSC Health Services Office
UofL Outpatient Care Center,
401 East Chestnut Street, Suite 110
502.852.6446
UofL Belknap Health Services Office
Cardinal Station Center
215 Central Avenue, Suite 110
502.852.6479
The Health Service Office (HSO) requests the following procedures be used when referring employees to the HSO for immunizations.
- The employee must bring their UofL Employee ID number
- The Department or the employee's supervisor must provide the employee with a method of payment:
- The PI's or Supervisor's UofL Procurement Card, or
- A Letter on Departmental Letterhead, stating the cost of the services will be covered by the Dept, PI or Supervisor, and include the Procurement Card billing information, or
- The Department or the employee's supervisor must provide the employee with a letter on Department Letterhead stating that the cost of the services will be covered. This letter should include a
- Mail address,
- Phone number, and
- Contact name (UBM, business or office manager, PI)
- The Health Services Office no longer accepts IUT's;
- The employee must actually report to either one of the Health Services Offices to receive the Hepatitis B Vaccine series and the titer check (proof of immunity). Vaccines and titer checks are provided on a walk-in basis during normal office hours, or appointments can be arranged for groups by calling the Health Services Office. Supervisors and PIs are ultimately responsible for ensuring employees initiate and complete the vaccine series and titer check as required.
- Call the Health Sciences Center Health Services Offices at 502.852.6446 or Belknap Health Services Office at 502.852.6479 for additional information
Declination of the Hepatitis B Vaccine
The Principal Investigator or supervisor will ensure employees who decline the Hepatitis B vaccine sign the prescribed Declination Statement, as stated below and included in Option B in the Hepatitis B Vaccine Offer form.
The Principal Investigator or responsible supervisor must ensure that if an employee initially declines the Hepatitis B vaccine, but decides to accept it at a later date, while still covered under the standard, the vaccine will be made available at that time, at no cost to the employee.
Hepatitis B Vaccination Declination (Mandatory)
I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring hepatitis B virus (HBV) infection. I have been given the opportunity to be vaccinated with hepatitis B vaccine, at no charge to myself. However, I decline hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with hepatitis B vaccine, I can receive the vaccination series at no charge to me.
Post Exposure Evaluation and Follow Up
Any University of Louisville employee who sustains an occupational exposure (needle/instrument stick, splash exposure to mucous membranes, or exposure to cut or non-intact skin) will be provided post exposure evaluation and follow-up at no cost to the employee. The PI or responsible supervisor must ensure employees are not dissuaded from reporting or seeking medical evaluation for a Bloodborne Pathogens exposure incident. Contact information should be readily available in the work area at all times.
The Public Health Service currently recommends that evaluation be undertaken immediately, so that treatment prophylaxis, if indicated, can be started preferably within 1-2 hours post exposure.
Employees who experience a needle stick or other occupational exposure are to do the following:
- Clean the area involved thoroughly with soap and water. For splash to eyes, mouth or nose, flush with copious amounts of water.
- Notify their supervisor immediately. Supervisor completes the First Report of Injury available from UofL Dept of Risk Management.
- Supervisor or employee should call the Health Service Office (852-6446) and notify them of the incident
- Go to the Health Service Office for initial evaluation, laboratory screening and follow-up treatment.
For Bloodborne Pathogen Exposure Contact the following UofL Health Services Offices:
Health Sciences Center, Belknap Health Services Office
UofL Outpatient Care Center Cardinal Station Center
401 East Chestnut Street, Suite 110 215 Central Avenue, Suite 110
Phone: 502.852-6446 Phone: 502.852.6479
(Answered 24 hrs a day)
For further information on Workers Compensation for Bloodborne Pathogen Exposures, please contact the Office of Risk Management, phone number: 502.852.6925.
The Health Services Office will provide a confidential medical evaluation and follow-up including at a minimum:
- Documentation of the route of exposure and circumstances related to the incident and HBV and HIV antibody status of the source (if known).
- If the source person can be determined and permission is obtained, collection and testing of the source person's blood will be done to determine the presence of HIV or HBV. These results will be forwarded to the Physician. In laboratories, most sources will not be individuals. Potential sources include tissue samples, pooled blood, cell cultures, blood products and blood components.
- The employee will be offered the option of having their blood collected for testing of HIV/HBV status. Testing may be done at the time of exposure, or the blood sample will be preserved for up to 90 days. If, within 90 days of the exposure incident, the employee elects to have the baseline tested, such testing will be done as soon as feasible.
- The employee will be offered post exposure prophylaxis in accordance with the current recommendations of the U.S. Public Health Service. The HSC Health Services Office will follow an approved protocol for evaluation, testing, treatment, counseling, and follow-up.
- The employee will be given appropriate counseling concerning precautions to take during the period after the exposure incident. The employee will be advised to report to the physician any febrile illness, flu-like symptoms, rash, lymphadenopathy, or other illness within 12 weeks of the incident.
- During the follow-up period after the exposure, exposed persons will be advised to follow the Public Health Service recommendations for preventing transmission of infectious agents.
- The employee should contact the HSC Health Services Office or the physician with any questions or concerns.
- Documentation of each incident and associated records will be kept in a central location in the HSC Health Services Office with limited access and strict confidentiality maintained.
- During all phases of the follow-up, confidentiality of the employee will be protected.
Healthcare Professional's Written Opinion
After the consultation, the HSC Health Services Office will furnish a copy of the written opinion to the exposed employee within 15 days of the evaluation.
The written opinion will be limited to:
- Whether the Hepatitis B vaccination is indicated for the employee
- Whether the employee has received the Hepatitis B vaccination
- Confirmation that the employee has been informed of the results of the evaluation
- Confirmation that the employee has been told about any medical conditions resulting from the exposure incident, which require further evaluation or treatment
All other findings or diagnoses will remain confidential and will not be included in the written opinion.
Employees Routinely Working at Non-UofL Facilities
Some UofL employees that routinely work in Non-UofL hospitals or facilities, and experience an exposure incident may have the option to have their initial labs drawn or have the initial post-exposure evaluation conducted at that non-UofL facility. In these situations, the department, supervisor or PI is responsible for verifying the specific procedures and ensuring their employees are informed.
In addition to being seen at the non-UofL facility, the employee must report to the UofL HSC Health Services as soon as possible and complete all required paperwork.
Information and Training
The Principal Investigator, or supervisor is responsible for ensuring that all employees with occupational exposure receive Bloodborne Pathogens training at the time of initial assignment to tasks where exposure may take place, and annually thereafter.
Bloodborne Pathogens training has of two components:
- Site Specific training provided by the supervisor or PI
- UofL specific training provided by DEHS
Site Specific Bloodborne Pathogens Training
The PI or supervisor is responsible for providing training in specific tasks and procedures relating to the employees occupational exposure to bloodborne pathogens. This training must include:
- An explanation of the Site Specific Exposure Control Plan, the employee must be provided with adequate time to read it, ask questions and acknowledge comprehension
- The specific use and limitation of appropriate PPE, its location, accessibility
- An explanation of the engineering controls and work practice controls used in the work area to eliminate or reduce the risk of exposure to bloodborne pathogens
- Instruction in the procedures and contacts in case of a spill or emergency involving blood or OPIM
- An explanation of the site specific procedures for provision of Hepatitis B Vaccine and post exposure evaluation and follow-up
If changes occur in tasks or procedures that may affect the employees' exposure, the PI or supervisor is responsible for providing timely training in those areas
The PI or supervisor may use the Employee Training Record form provided in Appendix D as a tool for recording the contents, dates, and personnel trained
The training records must be maintained by the dept, PI, supervisor for 3 years.
General Training
UofL Bloodborne Pathogens Training Classes
The course is required for all university employees who may have occupational exposure to human blood, body fluids, tissues or other potentially infectious materials (OPIM) including human cell lines. The course, in conjunction with the site-specific training given by the supervisor, meets the OSHA training requirements.
The UofL Bloodborne Pathogens Training is available in an on-line format.
On-Line Training: DEHS has developed an on-line training course to assist employees meet the Bloodborne Pathogens training requirements. This training is primarily designed as refresher training for those who have previously taken the UofL Bloodborne Pathogens training, or are familiar with the OSHA requirements from previous experience. Upon successful completion of the course, the employee will be able to print a certificate, a copy of which must be given to the supervisor or PI. Questions and comments regarding the on-line training may be directed to the Bloodborne Pathogens Administrator by e-mail or phone, 852-6670. The link to the training is available below:
Bloodborne Pathogens On-line Training
The Bloodborne Pathogens training program consists of the following elements:
- Availability of the Bloodborne Pathogens Standard and explanation of its contents
- A general explanation of the epidemiology and symptoms of bloodborne diseases
- An explanation of the modes of transmission of bloodborne pathogens
- An explanation of this individualized Exposure Control Plan including location and availability of copies
- Appropriate methods for recognizing tasks and other activities that may involve exposure to blood or OPIM.
- An explanation of the use and limitations of exposure controls including engineering controls including sharps safety devices, work practices, and personal protective equipment
- Information on the types, proper use, location, removal, handling, decontamination, and disposal of personal protective equipment
- An explanation of the basis for the selection of personal protective equipment
- Information on the Hepatitis B vaccine including its efficacy, safety, method of administration, benefits and how to receive the vaccine at no cost to the employee
- Actions to take and persons to contact in case of a spill or other emergency involving human blood or OPIM
- The procedures to follow if an exposure incident occurs, including procedures for reporting and the medical follow-up that will be made available
- Information of the post exposure evaluation and follow-up that will be provided following an exposure incident
- Explanation of the signs, labels, and color-coding
An opportunity for interactive questions and answers with the person conducting the training program will be provided.
Those people conducting the training must be knowledgeable in the OSHA Bloodborne Pathogens Standard, the unit's Exposure Control Plan and the elements contained in the training program as they relate to the unit.
Requests for training assistance should be made by contacting the Bloodborne Pathogens Administrator by e-mail or by phone at 502.852.6670.
Accurate recordkeeping is essential for compliance and is the responsibility of the PI or supervisor. In addition, The Department must develop a plan to ensure the continuity of all recordkeeping when a supervisor leaves or is reassigned.
- Medical records will be established and maintained for each employee who has an occupational exposure incident. These records will be maintained in the UofL HSC Health Services Office. These records are maintained for at least the duration of the individual's employment plus 30 years.
- The sharps safety log is maintained by DEHS for the recording of percutaneous injuries from contaminated sharps. The information in the sharps injury log is recorded and maintained in such manner to protect the confidentiality of the injured employee and is kept for a minimum of 5 years. The sharps injury log includes the following information:
- The type and brand of device involved in the incident,
- The department or work area where the exposure incident occurred, and
- An explanation of how the incident occurred.
- Training records must be retained for 3 years. These records will be established at the time of training and maintained by the Principal Investigator or responsible supervisor. The Training Record Form is used to document when each employee is trained as well as the content of the training. These are important compliance records and must be maintained by the supervisor or designee for the duration of employment of each individual receiving the training.
- The Department, PI or supervisor is responsible for maintaining all training records, initial and annual, for their employees. The Training Record form is provided in Appendix D as a recordkeeping tool.
- DEHS also maintains training files for on-line and class room training.
- Hepatitis B Vaccine Offer Form This form is not medical record and will be provided and maintained by the PI or responsible supervisor, for the duration of the employee's employment with the unit plus 3 years. All employees identified as having an occupational exposure to bloodborne pathogens must complete this form. These are important compliance records and must be maintained.
Related Information:
The Bloodborne Pathogen Standard Mandatory
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10051
UofL Infectious Waste Disposal Requirements
https://louisville.edu/dehs/waste-disposal/waste-disposal-files/waste-disposal-guide
Policy Reasoning:
The model plan is provided as a guide in developing an individual Exposure Control Plan (ECP) for Occupational Exposure to Bloodborne Pathogens. A completed plan is required for all departments with employees at risk for occupational exposure to human blood, body fluids, tissues, cells, cell lines, blood products and other potentially infectious material. Individual plans must establish policies and procedures SPECIFICALLY addressing the hazards in each workplace and the appropriate exposure prevention.
Individual departments, clinics, laboratories and investigators (PI) can use this model document to design an ECP customized for their workplace by inserting the appropriate information as indicated in the model plan.
DEHS is available to assist units in adapting this model plan to their individual sites. Please contact the Bloodborne Pathogens Program Administrator bye-mail or by phone at 502.852.6670.
NOTE: Additional safeguards are required for HIV and HBV research laboratories and production areas. Consequently, this model exposure control plan is not applicable to these facilities; please contact DEHS at 502.852.6670 for assistance.
Definitions:
For the purpose of this plan, the following definitions will apply:
Blood means human blood, human blood components, and products made from human blood. The term "human blood components" includes plasma, platelets, and serosanguinous fluids (e.g. exudates from wounds). Also included are medications derived from human blood, such as immune globulins, albumin, and factors 8 and 9.
Bloodborne Pathogens means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) human immunodeficiency virus (HIV) and hepatitis C virus (HCV). While HBV and HIV are specifically identified in the standard, the term includes any pathogenic microorganism that is present in human blood or OPIM and can infect and cause disease in persons who are exposed.
Clinical Laboratory means a workplace where diagnostic or other screening procedures are performed on blood or other potentially infectious materials.
Contaminated means the presence or the reasonably anticipated presence of blood or other potentially infectious materials on an item or surface.
Contaminated Laundry means laundry that has been soiled with blood or other potentially infectious materials or may contain sharps.
Contaminated Sharps means any contaminated object that can penetrate the skin including, but not limited to, needles, scalpels, scissors, broken glass, broken capillary tubes, and exposed ends of dental wires.
Decontamination means the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.
Engineering Controls means controls (e.g. sharps disposal containers, self-sheathing needles, safer medical devices, such as sharps with engineered sharps injury protections and needleless systems.) that isolate or remove the bloodborne pathogens hazard from the workplace.
Exposure Incident means a specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious materials that result from the performance of an employee's duties. "Non-intact skin" includes skin with dermatitis, hangnails, cuts, abrasions, chafing, acne, etc.
Handwashing Facilities means a facility providing an adequate supply of running potable water, soap and single use towels or hot air drying machines.
Licensed Healthcare Professional is a person whose legally permitted scope of practice allows him or her to independently perform the activities required by the Hepatitis B Vaccination and post-exposure Evaluation and Follow-up section of this plan.
HBV means hepatitis B virus.
HIV means human immunodeficiency virus.
Occupational Exposure means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of any employee's duties.
Other Potentially Infectious Materials (OPIM) means the following human body fluids: semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, all body fluids in situations where it is difficult or impossible to differentiate between body fluids, Any unfixed tissue or organ (other than intact skin) from a human (living or dead); and HIV-containing cell or tissue cultures, organ cultures, and HIV or HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV. Included are human cells, tissue cultures, and blood products and blood components containing known or suspected bloodborne pathogens, unless documented to be free of human bloodborne pathogens.
Needleless Systems means a device that does not use needles for:
(1) The collection of bodily fluids or withdrawal of body fluids after initial venous or arterial access is established;
(2) The administration of medication or fluids; or
(3) Any other procedure involving the potential for occupational exposure to bloodborne due to percutaneous injuries from contaminated sharps.
Parenteral means piercing mucous membranes or the skin barrier through such events as needlesticks, human bites, cuts, and abrasions.
Personal Protective Equipment is specialized clothing or equipment worn by an employee for protection against a hazard. General work clothes (e.g. uniforms, pants, shirts, or blouses) are not intended to function as protection against a hazard are not considered to be personal protective equipment.
Production Facility means a facility engaged in industrial-scale, large volume or high concentration production of HIV or HBV.
Regulated Waste means liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi liquid state if compressed: items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps; and pathological and microbiological wastes containing blood or other potentially infectious materials.
Research Laboratory means a laboratory producing or using research laboratory scale amounts of HIV or HBV. Research laboratories may produce high concentrations of HIV or HBV but not in the volume found in production facilities.
Sharps with engineered sharps injury protectors means a non-needle sharp or a needle device used for withdrawing body fluids, accessing a vein or artery, or administrating medications or fluids, with a built-in safety feature or mechanism that effectively reduces the risk of an exposure incident.
Source Individual means any individual, living or dead, whose blood or other potentially infectious materials may be a source of occupational exposure to the employee. Examples include, but are not limited to hospital and clinic patients; clients in institutions for the developmentally disabled; trauma victims; clients of drug and alcohol treatment facilities; residents of hospices and nursing homes; human remains; and individuals who donate or sell blood or blood components.
Sterilize means the use of physical or chemical procedures to destroy all microbial life including highly resistant bacterial endospores.
Universal Precautions is an approach to infection control. According to the concept of Universal Precautions, all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV and other bloodborne pathogens.
Work Practice Controls means controls that reduce the likelihood of exposure by altering the manner in which a task is performed (e.g. prohibiting recapping of needles by a two-handed technique).
Responsibilities:
Department of Environmental Health & Safety
The Department of Environmental Health and Safety (DEHS) is responsible for the development of the University of Louisville Bloodborne Pathogens Program and will:
- Develop and evaluate the written UofL Bloodborne Pathogens Program.
- Develop and evaluate the Model Exposure Control Plan.
- Develop and provide the UofL general initial and annual refresher Bloodborne Pathogens training.
- Provide consultation, workplace assessments and other services as needed for UofL Departments or Supervisors.
Directors, Deans and Department Chairs
Departments whose employees may have occupational exposure to blood or OPIM are responsible for the overall implementation of the Bloodborne Pathogens Program for their units.
- Ensure all PI's, PD's, faculty members and staff are aware of and follow the requirements of the ECP.
- Assist PI's, PD's, faculty members and staff with allocation of appropriate funding for administration of the Hepatitis B Vaccine and Titer Check and other requirements of the ECP.
- Ensure the continuity of recordkeeping, primarily when supervisors leave or are reassigned.
Principal Investigators, Supervisors, Researchers, Laboratory and Clinical Managers, and Faculty
The Responsible Supervisor is ultimately responsible for ensuring that the unit-specific Exposure Control Plan (ECP) is completed and is understood and followed by the employees under their charge. While the supervisor isresponsible for implementing each of the elements described within the written ECP, it is permissible to delegate sometasksto other capable employees, provided the roles are clearly documented and understood
- Identify all employees (including full, part-time and temporary) with a reasonably anticipated exposure to blood or OPIM.
- Complete and implement the Unit specific Exposure Control Plan.
- Ensure effected employees are provided with the Hepatitis B Vaccine within 10 days of job assignment.
- Ensure that employees, who initially decline the Hepatitis B vaccine, sign the Hepatitis B Declination statement as provided on the Hepatitis B Vaccine Offer form.
- Provide unit specific Bloodborne Pathogens training upon assignment to duties with occupational exposure.
- Ensure employees participate in UofL Bloodborne Pathogens training, either on-line or classroom, initially and annually thereafter.
- Maintain the training records and Hepatitis B vaccine forms, and other associated records as directed in this document.
- Conduct ongoing worksite evaluations and annual review of the ECP to ensure the written ECP is effectively implemented
All employees performing work with occupational exposure to blood or other potentially infectious material must accept a responsibility for operating in a safe manner. Employees also have a responsibility to inform their supervisors of working conditions, accidents and work practices they believe hazardous to their health or the health of others. Employees are responsible for the following:
- Participating in both initial and annual Bloodborne Pathogens training.
- Completing the Hepatitis B Vaccine Offer form.
- When selecting to receive the Vaccine, the employee is responsible for going to the UofL Health Services Office to receive the Vaccine. Employees are not responsible for the cost of the vaccine, in any manner.
- In the event of an exposure incident, seek medical evaluation immediately (within 1-2 hours).
policy
Identification Cards
Official University Administrative Policy
Policy Name:
Identification Cards
Effective Date:
May 1 1992
Policy Number:
PER 1 07
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
- Photo identification cards are issued to all regular, full-time, and part-time faculty and staff. I.D. cards for regular faculty and staff remain valid until employment with the university is terminated.
- Temporary Faculty are issued a special photo identification card which carries an ending date coinciding with the authorized appointment expiration date.
- Temporary I.D. cards are issued to temporary staff only for the period of appointment.
- University retired faculty and staff are issued an I.D. card showing rank and/or title. The I.D. card does not carry an expiration date.
- Unauthorized use of an I.D. card could result in disciplinary action.
- An employee terminating employment with the university must turn in his or her I.D. card to the supervisor or the Human Resources Department.
Related Information:
- Photo identification cards are obtained at the Cardinal Card Office.
- Temporary identification cards are also issued through the Campus Card Office.
- Units may request from the Campus Card Office identification cards for gratis faculty for the specific period of their appointment. The request should present information establishing related duties of the gratis faculty member with the university.
- Replacement of lost I.D. cards will be issued upon payment of a service fee.
policy
Email Retention
Official University Administrative Policy
Policy Name:
Email Retention
Effective Date:
February 14 2011
Policy Number:
ISO 019 v2 1
Policy Applicability:
This policy applies to all University employees faculty staff administrators and student employees students temporaries and contractors volunteers visiting scholars and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources This policy applies to all facilities property data and equipment owned leased and or maintained by the University of Louisville or its affiliates
Policy Statement:
The University of Louisville (University) issues students and employees (faculty, staff, administrators, and student employees) a University electronic mail (email) account. Additionally, sponsored, gratis, or service email accounts may be granted as needed for conducting University business.
Email records must be retained in order to fulfill academic, administrative and legal requirements and per University, state and federal requirements.
Policy Reasoning:
The purpose of this policy is to ensure the retention of University information necessary to fulfill academic, administrative and legal requirements.
The User Accounts and Acceptable Use Policy serves as the foundation for this policy.
Responsibilities:
Policy Authority/Enforcement: Enterprise Information Technology is responsible for the development, publication, modification and oversight of this policy and associated standards. ITS works in conjunction with University Leadership, Information Security Compliance, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
Reports of Bias Discrimination and Harassment
Effective Date:
May 1 1992
Policy Number:
PER 1 10
Policy Applicability:
This policy applies to University Administrators Faculty Staff and Students
Policy Statement:
The University of Louisville (University) is committed to maintain a community that is free from Bias, Discrimination and Harassment. Bias, Discrimination and Harassment are not acceptable at the University and are inconsistent with the University's commitment to excellence and respect for all individuals.
The University is also committed to protecting the academic freedom and freedom of expression of all members of the university community. Academic freedom and freedom of expression include, but is not limited to, the expression of ideas, however controversial, in the classroom, residence hall, and in keeping with different responsibilities, in workplaces elsewhere in the university community.
All allegations of Bias, Discrimination, and/or Harassment shall be reported to the Office of Legal Compliance and Investigations, and to the University Integrity and Compliance Office.
If a complaint involves a Bias, an investigation shall not be initiated unless the General Counsel certifies in writing that the investigation is necessary because the conduct being investigated either (1) may rise to the level of student-on-student harassment if all facts alleged are taken as true; or (2) is subject to a mandatory investigation pursuant to applicable state or federal law.
If a complaint allegation is determined to be Discrimination and/or Harassment, and not Bias, as defined within this policy, the complaint allegation will be investigated in accordance with this policy and the associated procedures.
Additionally, the University will not hold a hearing, tribunal, or other disciplinary proceeding on an allegation of Bias unless the General Counsel (1) authorizes the hearing and (2) certifies in writing, after a review of all relevant evidence, that the hearing is necessary to ensure compliance with applicable state or federal law.
All University members are expected to provide truthful information in any report or proceeding under these Procedures. Any person who knowingly makes a false statement in connection with the initiation or resolution of a complaint or University-initiated investigation under these procedures may be subject to appropriate discipline. Making a good faith report of discrimination or harassment that is not later substantiated is not considered a false statement.
POLICY EXCLUSIONS
Offensive behavior that is outside the scope of this policy, may fall under the scope of other University policies, including, but not limited to, the University Code of Conduct, the Discipline Policy PER 5.01, Chapter 4 of the Redbook, Employee Sexual Misconduct Policy, Student Sexual Misconduct Policy, or the Code of Student Conduct. Nothing herein overrides existing University policy or circumscribes the authority of the University to establish policy that is not otherwise contrary to law.
RETALIATION
Federal and state law and University policy prohibit any form of retaliation against a person who makes a report in good faith.
POLICY VIOLATIONS AND SANCTIONS
Persons found to have violated the provisions set forth in this policy will be subject to disciplinary action and penalties as set forth in applicable University Policies, including, but not limited to, the University's Code of Conduct, Discipline Policy PER 5.01, Chapter 4 of the Redbook, Employee Sexual Misconduct Policy, Student Sexual Misconduct Policy, or the Code of Student Conduct. These penalties include, but are not limited to, suspension, demotion, termination, or in the case of students, dismissal. Other corrective action such as counseling or training, and steps such as reinstatement, hiring, reassignment, promotion, training, back pay or other benefits may be taken as are necessary.
Related Information:
Duty to Report and Non-Retaliation Policy
Equal Employment Opportunity Commission
United States Department of Education
Kentucky Commission on Human Rights
Definitions:
Bias (or Bias Incident) is defined as noncriminal conduct that is alleged to constitute an act or statement against a particular group or individual because of the group's or individual's religion, race, sex, color, or national origin, or perceived religion, race, sex, color, or national origin.
Discrimination is an action or behavior that deprives or limits access to an individual's educational or employment opportunities at the University, or treats an individual differently on the basis of the individual's actual or perceived membership in a protected class, including race, sex, age, color, national origin, ethnicity, creed, religion, disability, genetic information, sexual orientation, gender, gender identity or expression, marital status, pregnancy or veteran status, unless otherwise permitted or required by law.
Harassment is any unwelcome conduct based upon the individual's actual or perceived membership in a protected class, including race, sex, age, color, national origin, ethnicity, creed, religion, disability, genetic information, sexual orientation, gender, gender identity or expression, marital status, pregnancy, or veteran status. Harassment becomes unlawful where enduring offensive conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Hostile Work Environment exists when Harassment is so severe or pervasive that it unreasonably interferes with, deprives, or limits an individual from participating in or benefiting from the University's education or employment programs and/or activities.
Retaliation is any form of adverse action, or threat of adverse action, taken against an individual because the individual reported a complaint of actual or suspected misconduct or participated in an investigation or complaint review process.
Responsibilities:
The Office of Legal Compliance and Investigations will:
- Respond to every complaint of alleged Bias, Discrimination, and/or Harassment;
- Act impartially, whether an investigation is conducted or not, considering the interests of all parties;
- Keep information regarding an allegation of Bias, Discrimination, and Harassment and the parties involved confidential to the extent legal and practicable and it will be shared only with those who have a legitimate reason to know; and
- Maintain all files and records relating to all complaints in accordance with the University record retention policy.
The Office of Legal Compliance and Investigations is also responsible for the interpretation of this policy and for educating the University community about this policy and associated procedures. Questions about this policy should be directed to the Director, Legal Compliance and Investigations at (502) 852-5368 or uoflinvestigations@louisville.edu.
The Office of Legal Compliance and Investigations Office is responsible for providing educational and training programs to assist members of the University community in understanding what constitutes Bias, Discrimination, or Harassment, and how to address behavior that violates this policy.
University students and employees are responsible for being aware of this policy and knowing when to report potential violations of this policy. University employees are obligated to report to appropriate University officials when they suspect or have knowledge of a violation of this policy in accordance with the University's Duty to Report and Non-Retaliation Policy. Additionally, all employees and students have an obligation to cooperate in the conduct of these Procedures. Failure to do so may result in disciplinary action.
policy
Backup of Data
Official University Administrative Policy
Policy Name:
Backup of Data
Effective Date:
July 23 2007
Policy Number:
ISO 015 v2 0
Policy Applicability:
This policy applies to all persons while conducting performing work teaching research or study activity or otherwise using university resources Scope Applicability also includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
Regular backups are required for all University related data not hosted on the University enterprise systems and classified as sensitive or proprietary or needed during the course of normal operations. Backups of data must be retained in accordance with University, State or Federal retention guidelines as appropriate for the data being backed-up.
Information Technology must conduct regular backups of all data stored on enterprise servers.
Policy Reasoning:
Backups are an essential part of disaster recovery and business continuity planning and in ensuring the availability of university information.
Definitions:
Valuable Information: Information that has significant value to the University's mission and/or result in possible harm to the University, its staff, clients or students if lost. This information may or may not be sensitive information (see Sensitive Information definition).
Sensitive Information: Information of a confidential or proprietary nature and other information that would not be routinely published for unrestricted public access or where disclosure is prohibited by laws, regulations, contractual agreements or University policy. This includes (but is not limited to) full name or first initial and last name and employee ID (in combination), identifiable medical and health records, grades and other enrollment information, credit card, bank account and other personal financial information, social security numbers, grant reviews, dates of birth (when combined with name, address and/or phone numbers), user IDs when combined with a password, etc. Sensitive information does not include personal information of a particular individual which that individual elects to reveal (such as via opt-in or opt-out mechanisms) (see Information Management and Classification Standard).
Responsibilities:
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
Business Continuity and Disaster Recovery
Effective Date:
July 23 2007
Policy Number:
ISO 002 v2 0
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
Effective business continuity and disaster recovery plans are required in all areas of the University. Each school, unit and division must develop plans that will allow it to perform its core-required operations in an alternative fashion as well as an appropriate disaster recovery policy for their working environment.
Policy Reasoning:
The purpose of this policy is to define planning and related activities to ensure that the University's core, critical or regulatory required functions will either continue or be recovered to an operational state within a reasonable amount of time in the event of an incident or disaster that would otherwise impact the University's ability to conduct operations.
Definitions:
Gap Analysis
A process where the current state vs. the desired state for a process, system or organization is prepared. The differences between the current state and the desired state are called gaps. These gaps then become the basis for prioritization, planning and basis for action to move to the desired state.
Risk Assessment
In disaster recovery or business continuity planning, a risk assessment will typically include:
- Identification and classification of primary risks and exposures including external and environmental risks as well as inherent business risks.
- Probability (likelihood) of occurrence.
- Impact of occurrence including cost and reputation.
- Strength of existing controls.
- Consideration of senior management risk tolerance and level of acceptance of identified risks vs. cost of various mitigation plans.
Business Impact Analysis
In business continuity planning, a business impact analysis includes:
- Identification of critical business processes at departmental/unit level.
- Risk Assessment including quantification of impact of an event.
- Identification of points of failure and process interdependencies.
- Development of recovery time objective (RTO) and recovery point objective (RPO). See definitions of these terms in this document.
- Degree of criticality and supporting prioritization of processes for recovery.
- Review and update annually.
Continuity/Recovery Strategy
In disaster recovery or business continuity planning, a continuity and recovery strategy includes these steps:
- Assess alternate continuity/recovery strategies.
- Select continuity/recovery strategy.
- Develop and document continuity/recovery strategy plans.
- Disaster Recovery Plans as part of a broader Business Continuity Plan should include:
a. Classification of critical systems and records to ensure priority of recovery.
b. Mitigation strategies and safeguards to avoid disasters.
c. Support of RPO and RTO objectives.
d. Necessary electronic files backup and off-site storage strategy (see IS PS015 Backup of Data).
e. Security controls equal to those of day-to-day operations. - Define organizational responsibilities and critical functions for implementing plans, document, communicate to all involved parties and implement.
- Off-site storage - which meets University security requirements - for at least one copy of the planning documents.
- Sufficient and secure off-site facilities for continuation of business, if necessary (see IS PS009 Data Facilities).
- Annual training and testing of plans to include documented procedures, results and correcting of noted deficiencies.
- Annual review and revision of the plans.
- Coordination with central ITS disaster recovery strategy, if applicable.
Disaster Recovery Maintenance and Awareness Program
Process includes:
- Conduct education and awareness training with personnel.
- Perform periodic BCP plan walkthrough and testing.
- Review and update plans and documentation annually or per testing deficiencies.
Responsibilities:
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
policy
Encryption of Data
Official University Administrative Policy
Policy Name:
Encryption of Data
Effective Date:
March 1 2010
Policy Number:
ISO 018 v2 1
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
Encryption of sensitive information maintained on or transmitted by computing devices is mandatory. It is the responsibility of each user to ensure encryption for all University related data not hosted on University enterprise systems. Encryption of data hosted on enterprise systems is the responsibility of IT personnel.
Policy Reasoning:
Encrypting sensitive information increases the university's ability to comply with legislation, regulation, contractual obligations, expectations of our constituents and the community at large. and reduces the risk of a data security breach.
Definitions:
1 - Sensitive information: Information of a confidential or proprietary nature and other information that would not be routinely published for unrestricted public access or where disclosure is prohibited by laws, regulations, contractual agreements or University policy. This includes (but is not limited to) full name or first initial and last name and employee ID (in combination), identifiable medical and health records, grades and other enrollment information, credit card, bank account and other personal financial information, social security numbers, confidential or proprietary research data, dates of birth (when combined with name, address and/or phone numbers), user IDs when combined with a password, etc. See Information Management and Classification Standard.
2 - Computing Devices: Includes but is not limited to workstations, desktop computers, notebook computers, tablet computers, network enabled printers, scanners and multi-function devices, mobile devices, email/messaging devices, cell phones, removable hard drives, flash or "thumb" drives, etc. all hereafter referred to as "computing devices".
3 - Enterprise Systems: Server class computing systems physically maintained in the University's computing center by the Information Technology Department which features multiple layers of physical security and access control, back-up power, climate control, fire suppression, data back-up and disaster recovery plans, etc. Only a few computing centers elsewhere fit the enterprise systems category. Servers and computers located in offices, data closets and other areas that do not have the features and dedicated staffing of one of these data centers do not fit the enterprise systems criteria. See Technical Standards section of this document for compatibility of devices with recommended software and alternative recommendations.
Responsibilities:
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
Protection from Malicious Software
Effective Date:
July 23 2007
Policy Number:
ISO 014 v2 0
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
All computing devices must be configured with appropriate safeguards against malicious software. Anti-virus, anti-malware and firewall software must be enabled on all windows based computing devices that attach to the University networks. Non-Windows computing devices should use equivalent safeguards. Servers must be configured so that they are protected by the university's enterprise firewall and meet all other enterprise class configuration, administration and maintenance requirements. All exemptions must follow IS0-004 Policy Exception Management Process.
Policy Reasoning:
Protection from malicious software (viruses, worms, trojans, root kits, hostile Active X controls, etc.) must be utilized within the university network.
Responsibilities:
The Dean of each School or Administrative Department Head is responsible for the implementation of these security policies and standards so that all computing devices in their areas of responsibility have implemented the appropriate virus protection, anti-malware and firewall controls as outlined in this document and that all such tools are kept current with the most recent updates installed.
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
Direct Costs on Externally Sponsored Programs
Effective Date:
January 1 2017
Policy Number:
RES 2 06
Policy Applicability:
This policy applies to University Employees Administrators Faculty and Staff
Policy Statement:
All direct costs charged to externally sponsored programs awarded to the University of Louisville or University of Louisville Research Foundation (ULRF) must be allowable, allocable, necessary, and reasonable for carrying out the objectives of the sponsored program. To be consistent in managing direct costs, the University extends these requirements to both federally and non-federally sponsored programs.
Principal Investigators (PIs) are responsible for ensuring that all direct costs charged to externally sponsored programs comply with this policy. All University employees are responsible for fulfilling their duties as outlined in the responsibilities section of this policy.
Related Information:
Appendices:
Direct Cost Allowability Matrix
Guidance for Direct Charging of Administrative and Clerical Salaries to Sponsored Programs
Typical Direct and Indirect Costs and Examples of Unallowable Costs
Policy Reasoning:
This policy has been developed to meet the requirements set forth in 2 CFR 200 (Uniform Guidance) as applicable to Institutions of Higher Education. PIs and other University employees involved in selecting, reviewing, and charging direct costs to sponsored programs must understand and follow this policy (including appendices) and all related procedures to ensure that direct costs are properly charged, justified, and documented to meet the regulations of 2 CFR 200.
Definitions:
Allocable Costs
A cost is allocable to a sponsored program if the goods and services involved are assignable to that sponsored program in accordance with relative benefits received.
Allowable Costs
Costs that are (a) necessary and reasonable; (b) allocable to sponsored programs under the principles and methods outlined in 2 CFR 200; (c) given consistent treatment through application of generally accepted accounting principles appropriate to the circumstances; and (d) conform to University policy and any limitations or exclusions set forth in 2 CFR 200 or in the sponsored program as to types or amounts of cost items.
Direct Costs
"Direct costs are those costs that can be identified specifically with a particular final cost objective, such as a Federal award, or other internally or externally funded activity, or that can be directly assigned to such activities relatively easily with a high degree of accuracy. Costs incurred for the same purpose in like circumstances must be treated consistently as either direct or indirect (F&A) costs." (2 CFR Section 200.413a)
Reasonable Costs
"A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost." (2 CFR Section 200.404)
Sponsor
The organization that funds a Sponsored Program. Sponsors include Federal agencies, state and local government, non-profit and for-profit entities, and international organizations. In the case of pass-through or flow-through funding, the sponsor is the organization that provides funds directly to the University/ULRF.
Sponsored Program
An externally funded activity that is governed by specific terms and conditions as outlined in a legal agreement or notice of award. Sponsored programs must be separately budgeted and accounted for subject to the terms of the sponsoring organization. Sponsored programs may include grants, contracts (including fixed price agreements), and cooperative agreements for research, training, and other public service activities. A sponsored program encompasses both the main sponsored account(s) and associated cost share and/or program income account(s).
2 CFR 200 (Uniform Guidance)
Federal regulations establish uniform administrative requirements, cost principles, and audit requirements for Federal awards issued to non-Federal entities, including the University of Louisville/ULRF and uniform regulations for each Federal agency to follow regarding the administration of programs sponsored by the Federal government. In addition, each Federal agency has its own regulations that are listed in the Code of Federal Regulations (CFR) and explained in its policy handbook.
Responsibilities:
Principal Investigators (PIs)
Ensure all direct costs charged to sponsored programs comply with this policy. Ensure the consistent application of direct costing practices to Federal and non-Federal sponsored programs with the assistance of departmental administrators and the Office of Sponsored Programs Administration. Prepare proposal budgets, justify costs, initiate and oversee the incurrence of project costs, and track and document costs.
Departmental (Pre-Award) Research Administrator
Assist Principal Investigators in preparing proposal budgets and in justifying costs. Ensure consistency of proposed costing practices within the unit. Review sponsored program proposals for justification of direct costs requested, especially when costs normally charged as indirect are proposed as direct costs.
Departmental (Post-Award) Business Administrator
Assist Principal Investigators with charging, tracking, and documenting costs, ensuring consistency of charging practices within the unit. Review financial transactions for accuracy (including speedtype/accounts being charged), appropriateness, and compliance with applicable policies, procedures, and the sponsored agreement. Take action to approve, deny, or question financial transactions based on the review. In conjunction with Principal Investigators, maintain financial and other records for review by internal and external auditors.
Central (Post-Award) Reviewer (Shared Services Reviewer, As Applicable)
Review for accuracy (including speedtype/accounts being charged), appropriateness, and compliance with applicable policies, procedures, and the sponsored agreement. Take action to approve, deny, or question financial transactions based on the review. Carry out Departmental (Post-Award) Business Administrator responsibilities as applicable.
Department Chair/Center Director/Institute Director
Establish effective processes and controls that will ensure compliance with this policy. Communicate these practices to all employees involved with sponsored programs within the department/center/institute.
Research Dean and Lead Fiscal Officer
Establish and oversee effective processes and controls that will ensure compliance with this policy. Communicate these practices to all employees involved with sponsored programs within the college/school/unit.
Office of the Executive Vice President for Research and Innovation (EVPRI)
Administration
Develop and maintain policies and procedures in accordance with federal regulations.
Pre-Award: Office of Sponsored Programs Administration
Review and approve proposal budgets and budget justifications to ensure alignment with this policy. Ensure consistent treatment of direct costs, especially when costs normally charged as indirect are proposed as direct costs. Assist with award management, including obtaining prior sponsor approval as necessary. Assist in interpretation of federal regulations, such as 2 CFR 200 and sponsor policy.
Post-Award: Office of Sponsored Programs Administration - Research Accounting Services
Review expenditures to ensure direct costs charged to sponsored programs comply with this policy prior to submission of final financial reports. Assist in interpretation of federal regulations, such as 2 CFR 200 and sponsor policy. Work with Principal Investigators and departmental business administrators to prepare financial invoices and reports.
policy
Career Opportunities
Official University Administrative Policy
Policy Name:
Career Opportunities
Effective Date:
May 1 1992
Policy Number:
PER 2 15
Policy Applicability:
This policy applies to University staff
Policy Statement:
The Vice President for Human Resources shall post in Career Opportunities a list of classified and professional/administrative job vacancies within the university.
Related Information:
Career Opportunities is available via the Human Resources website with copies available at the Human Resources department.
Responsibilities:
Human Resources department will list classified and professional/administrative vacancies for a period of at least five Business days. Advertisements are posted Sunday through Saturday.
policy
Drug Free Workplace
Official University Administrative Policy
Policy Name:
Drug Free Workplace
Effective Date:
May 1 1992
Policy Number:
PER 1 15
Policy Applicability:
This policy applies to University Administrators Faculty Staff and Students
Policy Statement:
The unlawful manufacture, distribution, dispensation, possession, or use of controlled substances is prohibited in and on any property owned or controlled by the university. (University's Drug Free Policy Statement)
Any university employee determined to have violated this policy is guilty of misconduct subject to disciplinary action up to and including termination, under procedures of The Redbook or PER-5.01, Discipline.
In order to comply with federal law, the university requires that an employee notify the Vice President for Human Resources of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
Related Information:
University's Drug Free Policy Statement
Controlled Substances Act (21 U.S.C. 812)
HR Criminal Drug Offense Reporting (DOC)
Definitions:
- Conviction: A finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal drug statutes.
- Criminal drug statute: Any criminal statute involving manufacture, distribution, dispensation, possession, or use of a controlled substance.
- Controlled substance: A controlled substance defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812). Possession of a controlled substance pursuant to a valid prescription or other use allowed by law is not unlawful.
Official University Administrative Policy
Policy Name:
Employee Categories and Status
Effective Date:
May 1 1992
Policy Number:
PER 1 08
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
EMPLOYEE CATEGORIES
- Administrator refers to the President, Provost, Vice President and those responsible for the administration of any academic or service unit who reports directly to the President, Provost, or Vice President, or other administrators designated by the President as having a role comparable to that of a Vice President. The President may also specifically designate an appointment as that of an administrator in special situations. All such administrators shall be appointed by the Board of Trustees on the recommendation of the President and shall serve at the pleasure of the Board. Their job descriptions shall be included in the Addenda to The Redbook and may be changed by the President.
- Faculty are those individuals holding an academic appointment of Instructor, Assistant Professor, Associate Professor, and Professor. All persons with full-time faculty appointments who are appointed for at least one year and a part of whose work for the current year is in a particular academic unit shall be members of its faculty, except in the case of those units which define faculty membership differently in their bylaws.
The appointment of faculty members is the responsibility of the Board of Trustees. It may make these appointments on the recommendation of the President of the University or it may delegate appointing authority to the President. These appointments shall be recommended to the Office of the President by the dean of the unit after approval by the appropriate faculty or faculty committee, in conformity with The Redbook, Section 2.5.2.A. In departmentalized units, the dean's recommendation shall be made on the advice of the departmental chair after approval by the departmental faculty or faculty committee. - Postdoctoral Fellows, Graduate Assistants, Trainees, and Fellows are recognized as occupying a special category. Because their duties are intimately involved with their graduate programs, the Dean of the Graduate School has the responsibility of ensuring that these appointments are made in the best academic interest of the students and the graduate programs of the departments involved, even though the formal appointments are made through the schools or colleges in whose budgets they are carried. Policy matters relating to graduate student appointments will be coordinated with the Vice President for Research and the Dean of the Graduate School.
- Staff of the University of Louisville consists of all employees of the university who do not hold faculty appointments, are not full-time students enrolled in the University, are not graduate assistants at the university, or are not administrators as defined in The Redbook, Section 2.3.1.
- Professional/Administrative Staff are employees who occupy staff positions which are subject to the University's position classification, plus meet the exemption test prescribed by the Fair Labor Standard Act and Kentucky Labor Law as determined by the Human Resources Department. This category includes the Professional Research Series positions of Assistant Research Scientist, Associate Research Scientist, and Research Scientist.
- Classified Staff are employees who occupy staff positions which are subject to the University's position classification plan and which would not be exempt from the overtime provisions of the Fair Labor Standards Act and Kentucky Labor Law as determined by the Human Resources Department.
- Professional/Administrative Staff are employees who occupy staff positions which are subject to the University's position classification, plus meet the exemption test prescribed by the Fair Labor Standard Act and Kentucky Labor Law as determined by the Human Resources Department. This category includes the Professional Research Series positions of Assistant Research Scientist, Associate Research Scientist, and Research Scientist.
- Classified Staff are employees who occupy staff positions which are subject to the University's position classification plan and which would not be exempt from the overtime provisions of the Fair Labor Standards Act and Kentucky Labor Law as determined by the Human Resources Department.
EMPLOYEE STATUS
- Trainee Status are employees who are being taught the basic skills of the position and who are on provisional status until the end of the program.
- Temporary Status are employees designated as temporary when employed in a position which is likely to require services of an employee for six months or less. Appointments cannot exceed six months.
- Regular Status are all classified and professional/administrative staff automatically granted regular status after successfully completing the provisional employment period, as evidenced by a written evaluation as described in PER-2.13, Performance Appraisals. Regular status, once attained, is retained throughout the continuous regular employment period.
- Provisional Employment Status are all newly hired employees serving in a provisional employment period of six months. The provisional employment period is designed to give the University an opportunity to determine whether the employee is suitable for and competent to perform the work for which he or she is hired. The decision as to the employee's suitability and competency is the sole responsibility of the University.
Each provisional status employee will receive a progress report every two months during the provisional employment period. Each employee will receive a written performance evaluation prior to the completion of his or her provisional employment period, based upon the job performance factors established for that position. An employee may be terminated at any time during the provisional employment period. Employees serving in provisional status are covered by the grievance procedures involving only the application or interpretation of the university's personnel policies and procedures. Termination of employment, suspension, or demotion during the provisional employment period is not subject to the appeals procedure.
Related Information:
policy
Employment of Minors
Official University Administrative Policy
Policy Name:
Employment of Minors
Effective Date:
May 1 1992
Policy Number:
PER 2 10
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
Minors between ages 16 and 18 may be employed on a temporary basis in those occupations not prohibited and for hours not to exceed those prescribed by the Department of Labor of the Commonwealth of Kentucky.
Proof of age will be required prior to the employment of any minor between ages 16 and 18.
Minors under 16 years of age will not be employed by the University of Louisville.
Official University Administrative Policy
Policy Name:
Employment of Non Resident Aliens Non Immigrants
Effective Date:
May 1 1992
Policy Number:
PER 2 17
Policy Applicability:
This policy applies to University Administrators Faculty Staff and Students
Policy Statement:
The university may hire non-resident aliens for non-permanent staff positions of up to one year and also for any visiting faculty appointment or appointments if the alien has the appropriate visa. The standard temporary visas encountered for employment are the F1 (students) with "practical training" approval, the H1 distinguished merit scholar or worker, and the J1 exchange visitor student.
The university may hire non-resident aliens for an indefinite term (i.e., in permanent positions) upon compliance with the labor certification process.
Related Information:
If the unit or department intends to offer employment to a non-resident alien, it is important to give immediate notice to the appropriate university office(s) to start coordinating any visa or work authorization process required for the alien with the Immigration and Naturalization Service (INS) or the Department of Labor (DOL). Early notification may assist the alien in complying with his or her employment verification obligation under federal law before beginning work.
In order for the university to offer a staff position or a regular faculty appointment for an indefinite term (i.e., permanent employment) to an alien who does not have permanent residence (evidenced by the "green card"), an Application for Labor Certification must be approved in advance from the Department of Labor. A special procedure and exception to the general selection standard applies to employing faculty and allows non-selection of other qualified U. S. applicants if the non-resident alien is more qualified. This exception does not apply to non-faculty hiring. Therefore, filing a labor certification application to hire non-resident aliens in permanent university staff positions is a difficult and lengthy process. Approval will not be granted if the salary offered is not at the prevailing market rate or if another U.S. applicant is even minimally qualified for the position. When an offer of permanent faculty employment is involved, the Office of General Counsel and VP for Legal Affairs coordinates directly with the requesting department the filing for labor certification on behalf of the university. When an offer of permanent employment is involved for non-faculty, the Office of General Counsel and VP for Legal Affairs assists in Human Resources coordination of the labor certification process. See PER 2.16, Employment of Resident Aliens (Immigrants), for specific information relating to this process.
U.S. law requires that all non-immigrant aliens have a valid passport issued by their home country and extended, renewed, and reissued by the home country as necessary. The university requires that such a passport be presented upon employment, along with an attached visa stamp and/or arrival/departure document issued at the port of entry in the United States. This document will bear the alien's status (F1,J1,H1), along with either an expiration date or "D/S" (duration of status for an indefinite period).
Immigration and Naturalization Service (INS)
See PER 2.16, Employment of Resident Aliens (Immigrants)
International Students & Scholars
Definitions:
Non-resident aliens (non-immigrants) are aliens admitted temporarily for specific purposes and definite periods of time.
An F1 student is a person with a resident in a foreign country to which he or she plans to return and who is coming to the United States temporarily and solely for the purpose of attending a school previously selected by him and approved by the Attorney General.
Responsibilities:
Upon receiving the appropriate clearances through the requesting department and the Human Resources Department, J1 visas are coordinated by the International Student Coordinator at the International Center.
Official University Administrative Policy
Policy Name:
Institutional Conflict of Interest
Effective Date:
June 27 1983
Policy Number:
Not applicable
Policy Applicability:
This policy applies to Board of Trustees Institutional Officials and Department Unit Heads
Policy Statement:
This policy governs conflicts of interest and applies to situations involving the institution, as a whole, as well as Institutional Officials. It is the policy of the University of Louisville to ensure its transactions are conducted with integrity. This policy, and its associated policies, outlines the guiding principles and procedures utilized by the University of Louisville to identify and manage conflicts of interest that present a significant risk to the actual or perceived objectivity of transactions conducted in the name of the University of Louisville.
The following principles shall guide the Institution in addressing institutional conflict of interest:
I. Because it is critical to the mission and reputation of the Institution to maintain the public's trust, Institution research, teaching, outreach, and other activities must not be compromised or perceived as biased by financial and business considerations.
II. Because of its numerous and complex relationships with public and private entities, the Institution must be aware of any relationships involving financial gain that may compromise or appear to compromise its integrity.
III. The Institution shall establish and maintain an oversight process to manage, reduce, or eliminate institutional conflict of interest.
The Board reserves authority to review and approve plans for managing, reducing, or eliminating institutional conflict of interest involving:
(a) External relationships with an unusually significant financial impact that present a potential conflict;
(b) Potential conflicts involving the president;
(c) Potential conflicts that raise serious policy issues or have a significant public impact on the mission and reputation of the Institution; or
(d) Potential conflicts arising in matters that otherwise require Board review and action under KRS 164.830.
In these instances of conflict of interest, the president shall consult with the Board.
The president or delegate shall:
(a) Implement an oversight process and administrative policies and procedures to address institutional conflict of interest and to identify situations in which institutional conflict of interest may arise;
(b) Recommend and implement plans to manage, reduce, or eliminate institutional conflict of interest;
(c) Develop and present conflict of interest plans to the Board for review and action as requested by the Board of Trustees;
(d) Ensure that individuals covered by this policy who act on behalf of the institution adhere to these policies and procedures, follow applicable conflict management plans, and do not engage in activities in which there is an actual conflict of interest; and
(e) Report to the Board annually all institutional conflict of interest matters that do not meet the thresholds identified above.
Related Information:
ASSOCIATED POLICY
- Addressing Potential Institutional Conflict of Interest Policy and Procedures (available at https://louisville.edu/policies/policies-and-procedures/pageholder/pol-conflict-of-interest-and-commitment).
REDBOOK
- Ethical Considerations - 2.5.8
BOARD of TRUSTEES BYLAWS
- Article 4, Section 4.1 Conflict of Interest
KENTUCKY REVISED STATUTES (KRS)
- KRS 45A.340
Policy Reasoning:
In pursuit of its mission as a public institution of higher education, the University of Louisville seeks excellence in the quality of its research, in the teaching and education it provides to its students, and in the service it provides to the broader community. Accomplishment of its missions inevitably leads to increasingly close relationships between the University of Louisville and those with outside interests in the broader community. The benefits that potentially accrue from this proximity are accompanied by real or apparent risks that external interests might compromise University decisions by influencing the judgment of the Institution or one of its members.
This policy governs institutional conflict of interest at the University of Louisville (Institution) and applies to members of the Board of Trustees (Board), Institutional officials, department/unit heads, and other individuals as required by administrative policies and procedures. This policy covers academic, business, clinical and research transactions and activities conducted under the auspices or for the benefit for the University of Louisville.
Definitions:
Institutional Conflict of Interest. Institutional conflict of interest shall mean a situation in which the research, teaching, outreach, or other activities of the Institution may be compromised because of an external financial or business relationship held at the institutional level that may bring financial gain to the institution, any of its units, or the individuals covered by this policy.
Institutional Official. Persons holding administrator positions, including those holding these positions in a temporary capacity. This term includes, but is not limited to individuals serving as: Deans, Associate Deans, and Assistant Deans; Institute and Center Directors; General Counsel; University Compliance Officers; Director of Audit Services; Provost, Vice Provosts, Associate Vice Provosts, and Assistant Vice Provosts; President, Executive Vice Presidents, Senior Vice Presidents, Vice Presidents, Associate Vice Presidents, and Assistant Vice Presidents; and chairs of the Institutional Review Board, Institutional Biosafety Committee, Institutional Animal Care and Use Committee, Conflict Review Board and other similar committees that might be created in the future.
Responsibilities:
Trustees. Trustees shall file a disclosure statement annually and report external interests as required by their bylaws and KRS.
Institutional Officials. Upon appointment, annually on October 1 thereafter, and under circumstances described in administrative policy, institutional officials shall disclose external interests by filing an Attestation and Disclosure Form. Such disclosure shall be made in addition to any reporting requirement for individual conflicts of interest.
Department/Unit Heads. Upon appointment, annually on October 1 thereafter, and under circumstances described in administrative policy, department/unit heads shall disclose external interests by filing an Attestation and Disclosure Form. Such disclosure shall be made in addition to any reporting requirement for individual conflicts of interest.
Other Individuals. The president or delegate may designate other individuals who shall file an annual Disclosure. Such disclosure shall be made in addition to any reporting requirement for individual conflicts of interest.
COMPLIANCE
Trustees, Institutional Officials, Department/Unit Heads and other covered individuals are responsible for knowing, understanding, and complying with this policy as it relates to their role, position or employment, or enrollment at the Institution. Covered individuals are responsible for completing an annual attestation that they have received and read this policy and agree to abide by its requirements.
Official University Administrative Policy
Policy Name:
Sanction Check Screening
Effective Date:
December 18 2007
Policy Number:
ICO 1 02
Policy Applicability:
This policy applies to University of Louisville employees administrators faculty staff and student employees vendors and affiliated individuals
Policy Statement:
The University of Louisville (University) exercises due diligence in hiring and screening employees, vendors, and affiliates. University employees, vendors, and appropriate affiliated individuals must be checked against appropriate governmental exclusion, debarment, and suspension lists to ensure eligibility for hire and/or to participate in University programs.
Related Information:
ecoCheck Support and Training Videos (requires ecocheck.ethico.com user log-in)
Definitions:
Affiliated Research Personnel - any non-University employed individuals involved in University research.
Vendor - any organization or individual providing goods or services to the University, excluding refunds and reimbursements.
Contractor - any individual or other legal entity that enters into a contract/agreement for goods and services made through Contract Administration and Procurement Services equal to or exceeding $25,000.
Responsibilities:
The following administrative offices and departments are responsible for sanction check screening procedures as follows:
University Integrity and Compliance Office (UICO) is responsible for administering and overseeing the University's sanction check policy and procedures, including the following:
- Review and renewal of the University's contract/agreement with the third-party Vendor, ComplianceLine, LLC (d/b/a Ethico), for sanction check services provided, including the online searchable database system (ecocheck.ethico.com).
- Serve as the System Administrator for the sanction check online searchable database system (ecocheck.ethico.com) and train new users how to use the system.
- Maintain the University's Sanction Check policy and procedures, and serve as the subject matter expert, in conjunction with the Office of General Counsel and VP for Legal Affairs and other University compliance officials, on federal and state agency exclusion and debarment requirements.
- Complete annual sanction check screening of all active University employees and maintain supporting documentation. The UICO obtains a list of all active University employees as of September 1st from Workday.
- Complete monthly sanction check screening of all active University Health Sciences Center (HSC) employees and maintain supporting documentation. The UICO obtains a list of active HSC employees from Workday.
- Complete annual sanction check screening of University Procurement Card merchants with annual expenditures of $500 or greater and maintain supporting documentation. The UICO obtains a list of all merchants with annual expenditures of $500 or greater from the Card Services Department.
Human Resources Department (HR) - Responsible for ensuring sanction check screening is completed of all new University employees for verification of employment eligibility prior to hire date. The sanction check screening is included as part of the applicant's criminal background check. HR is responsible for maintaining supporting documentation of sanction check screenings and reporting confirmed positive matches to the UICO for joint determination and implementation of appropriate action.
Business Operations Department - Responsible for sanction check screening of new University employees who are exempt from University's criminal background check screening process conducted through the HR department. Business Operations is responsible for maintaining supporting documentation of sanction check screenings and reporting confirmed positive matches to the UICO for joint determination and implementation of appropriate action.
Controller's Office - Accounts Payable Department - Responsible for sanction check screening via ecocheck.ethico.com of all new University Vendors and recurring monthly screening of active Vendors with transactions. The sanction check screening procedures of Vendors is part of the University's Vendor eligibility and approval process. Accounts Payable is responsible for maintaining supporting documentation of sanction check screenings and reporting confirmed positive matches to the UICO for joint determination and implementation of appropriate action.
Contract Administration and Procurement Services - Responsible for sanction check screening of new University Contractors and Contractor renewals via ecocheck.ethico.com. The sanction check screening is done prior to contract award and is part of the contract eligibility process. Contract Administration and Procurement Services is responsible for maintaining supporting documentation of sanction check screenings and reporting confirmed positive matches to the UICO for joint determination and implementation of appropriate action. See Purchasing Policy #13.00 - Eligibility to Participate in Governmental Programs.
Office of Research Integrity (ORI) - Responsible for sanction check screening of Affiliated Research Personnel via ecocheck.ethico.com to help ensure the individual's eligibility to participate in University research programs. ORI is responsible for maintaining supporting documentation and reporting confirmed positive matches to the UICO for joint determination and implementation of appropriate action. Contact ORI at ori@louisville.edu for Standard Operating Procedures Manual #RI-050.
Office of Sponsored Programs Administration (OSPA) - Responsible for sanction check screening of subcontractors/subrecipients prior to execution of subcontract/subaward for federal contracts or federal flow-through contracts via ecocheck.ethico.com. OSPA is responsible for maintaining supporting documentation and reporting confirmed positive matches to the UICO for joint determination and implementation of appropriate action.
policy
Nepotism
Official University Administrative Policy
Policy Name:
Nepotism
Effective Date:
May 1 1992
Policy Number:
PER 2 11
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The basic criteria for appointment and promotion of all university employees shall be appropriate qualifications and performance. Relationship to another university employee by family, marriage, or domestic partnership shall constitute neither an advantage nor a deterrent to any individual in appointment, promotion, transfer, compensation, hours, or other conditions of employment, provided the individual meets and fulfills the appropriate university appointment requirements and standards.
An employee of the university may not participate in any employment actions (see definitions) or enter into a personal services contract with a family member (see definitions).
In addition, no employee may serve as the immediate supervisor for, or be in the chain of command of, a family member. Furthermore, no employee shall have the same immediate supervisor as a member of their family.
Requests to manage relationships of family members that fall within the scope of this policy must be submitted in writing, in the form of a Nepotism Management Plan, to the university's Conflict of Interest and Commitment Office at coi@louisville.edu. Nepotism Management Plans will be reviewed for approval by the VP for Risk, Audit, and Compliance.
Related Information:
Conflict of Interest and Commitment
Policy Reasoning:
The university has a responsibility to ensure that all activities are reflective of our Mission to educate and serve our community through teaching, research and service. Supervision of a family member or maintaining the authority to render employment actions affecting a family member create an inherent conflict of interest, or at a minimum give the appearance of a conflict of interest. The purpose of this policy is to instill confidence that the university is a place of excellence and inclusiveness, unencumbered by potential conflicts of interest that could reasonably be considered to affect the sound judgment of employees.
Definitions:
- Family member: Spouse; domestic partner; mother; father; sister; brother; biological, adopted, or foster child; stepchild; legal ward; grandparent; grandchild; first cousin; aunt; uncle; niece; nephew; mother-in-law; father-in-law; sister-in-law; brother-in-law; daughter-in-law; son-in-law; grandparent-in-law; grandchild-in-law; or corresponding step-relatives; or corresponding relatives of the employee's partner; other persons for whom the employee is legally responsible; and anyone who stood in loco parentis to the employee as a child.
- Employment Action: Hire, promote, reclassify, manage/supervise, direct, evaluate, make salary recommendations, assign work or resources, approve leave requests, travel or expenses, give any benefit, or terminate employment.
- Nepotism: Favoritism in employment actions, granted through authority or influence by someone in a position of power, toward family members or others for whom the employee has a familial relationship.
Responsibilities:
All supervisors are responsible for maintaining objectivity in their work relationships and avoiding situations which raise the question of nepotism or discrimination prohibited by this policy.
The VP for Risk, Audit, and Compliance, or designee is responsible for approving the Nepotism Management Plan.
Official University Administrative Policy
Policy Name:
Reduction In Force RIF
Effective Date:
December 2002
Policy Number:
PER 4 16
Policy Applicability:
This policy applies to University Staff
Policy Statement:
Elimination or reduction in funding, reduced or changed work requirements, or department reorganization may necessitate staff layoff for a permanent reduction-in-force (RIF). All necessary actions shall be taken to ensure that decisions are made based upon careful analysis and that staff members are treated fairly and offered opportunities for reassignment, assistance, and reemployment. The policy outlines the guidelines for making RIF decisions, implementing a RIF and reemploying displaced staff members. It also provides information regarding reemployment assistance and the appeal process.
PROVISIONS
- The RIF policy does not apply to temporary, casual and provisional staff members, staff members occupying positions that were advertised as for a specified period of time with no renewal options, or to employees on contract with the university, in which the contract provisions take precedent.
- All RIF decisions should include the following elements:
- Careful analysis to determine which areas, activities, programs, or organizations should be reduced.
- Identification of the jobs and functions that will need to be performed after the reduction(s).
- Evaluation of qualifications and abilities of present staff members to perform the jobs remaining.
- When a RIF must occur, the department head must eliminate positions occupied by temporary staff members before positions occupied by regular status staff members. Any exceptions to this must be justified by business necessity.
RIF decisions are based on business necessity and should be addressed in the RIF Plan submitted to Human Resources. There is no distinguishing threshold between regular full-time and regular part-time positions that automatically gives priority retention to full-time positions over part-time positions, except business necessity. - In the case of a staff member whose duties are divided between two or more departments, a RIF decision by one department will not obligate the other(s) to increase the position and funding to compensate for the reduction.
- When a RIF involves choosing between people, the decision will be based on seniority and performance.
- A staff member whose job performance or conduct is not satisfactory will be separated from the university by the appropriate method rather than by a reduction in force.
- Staff members whose employment is to be terminated due to a RIF must be notified in person (could be by video conference) and in writing by a letter as soon as feasible, but not less than 30 calendar days prior to the effective date of the RIF.
- Staff members in RIF status must apply for vacant positions to be considered for reemployment. Staff members in RIF status who meet the minimum requirements for a position will be given priority over all other applicants, meaning all qualifications being equal, one in RIF status will get the position over another who is equally qualified. There is no guarantee that a staff member in RIF status will be awarded another position.
- A staff member in RIF status that refuses a position offer made by the university is deemed to have resigned from employment and forfeits his or her reemployment rights. The university will have fulfilled its reemployment commitment to any individual who declines the offer of such a position.
- RIF'd staff members who are reemployed within 18 months of the effective date of their RIF shall be considered to have continuous service without interruption, resulting in reinstatement of rates of accrual leave and unused sick leave balance at time of RIF.
- Departments are to provide staff members scheduled for RIF with reasonable administrative leave for job interviews.
- Departments must pay an employee for unused vacation leave, up to a maximum of two times the amount that the employee is eligible to accrue, in the final check.
- Department Heads may not require the use of accrued leave within the minimum 30-day notice period.
- Computer loans must be settled at the time of RIF.
- Tuition remission and staff development benefits will not be available to employees who have been RIF'd.
- Careful analysis to determine which areas, activities, programs, or organizations should be reduced.
- Identification of the jobs and functions that will need to be performed after the reduction(s).
- Evaluation of qualifications and abilities of present staff members to perform the jobs remaining.
A staff member adversely affected by a RIF may appeal the action through the appeal process only if the staff member believes that the action was based on inconsistent or improper application of the RIF policy (see Section PER 5.04, Appeals). If the appeal results in a decision favorable to the staff member, the staff member will be reinstated with back wages, less the amount of any unemployment compensation received from the Commonwealth of Kentucky Division of Unemployment Insurance (DUI) while the appeal was pending. In such case, the Employee Relations and Compliance office will notify the DUI in writing of the staff member's reinstatement.
*Note Regarding Appeals: The Staff Grievance Officer is available to consult with staff members in each step of the appeal process, including the initial formulation of the written notice of appeal. The Staff Grievance Officer may work closely with staff members, departments, and the Human Resources Department to seek equitable resolutions of all appeals. The Staff Grievance Officer may serve as a personal advisor for the employee during an appeal process (if requested by the employee), but may not serve as an advocate on behalf of the employee. [Consistent with proposed Grievance Policy and contingent on RedBook revision.]
Review: The University expressly reserves the right at any time to modify, alter, or amend this policy in whole or in part. The university shall have the unlimited right to amend this policy at any time, retroactively or otherwise, in such respect and to such extent as may be necessary to meet any legal requirement and to the extent necessary to accomplish this purpose. The President or his or her designee is hereby granted authority to issue interpretations and clarify rules under this policy and to coordinate it with or modify other rules of the university as required from time to time for compliance with the law.
Policy Reasoning:
Conditions may arise that necessitate the reduction of the university work force. Abolishment of positions may occur for reasons of budget, lack of work or reorganization.
Definitions:
- Continuous service: For the purpose of the RIF policy, the total amount of unbroken employment that an employee has accumulated. This includes authorized leave without pay.
- Job class: For the purpose of the RIF policy, all jobs within a department with similar job factors and the same pay grade.
- Layoff: The effective date of the RIF.
- Layoff status: See RIF status. An employee in RIF status seeking re-employment with the University shall receive preference in hiring among substantially equally qualified candidates.
- Longevity: The amount of time a staff member has worked at the university based upon continuous service, including time in regular positions held prior to the current position.
- Provisional staff member: A classified or professional/administrative staff member in the provisional period.
- Provisional period: A six-month period of employment beginning with the first day of regular employment designed to provide the university with a period to determine whether an employee is suitable for and competent to perform the work for which he or she is hired. Termination from employment may be accomplished without specific reasons and without the right of appeal (unless there is a claim of unlawful discrimination). The employee or the employer may end the employment without notice.
- Qualifying period: Six-month period of employment used for reviewing the level of performance for classified and professional/administrative employees with regular status who are transferred or promoted to another position.
- Reduction in force (RIF): The abolition of an occupied position due to an elimination of or reduction in funding, reduced or changed work requirements, or department reorganization.
- RIF plan: A department head's proposal for eliminating a position including position title, justification for abolishing the position, reallocation of work load if applicable, information regarding the staff member affected by the reduction in force, and the RIF effective date. An employee in RIF status may decline a position at a lower salary grade or a salary that is less than 90% of the employee's pre-RIF salary without forfeiting RIF status.
- RIF status: A condition lasting for 18 months from the effective date of a RIF in which a staff member whose position is eliminated is entitled to certain rights including preferential treatment in seeking reemployment with the university.
- Regular status staff member: Classified and professional/administrative staff who have successfully completed the provisional employment period.
- Temporary staff member: A person employed in a position that is established for a limited period of time not to exceed six months.
Responsibilities:
Decisions regarding a RIF within a department are the responsibility of the department head. The Human Resources Department must review the RIF plan including the selection of a staff member for RIF before the RIF is carried out.
Responsible Party: Human Resources Department.
policy
Vacation Leave
Official University Administrative Policy
Policy Name:
Vacation Leave
Effective Date:
May 1 1992
Policy Number:
PER 4 04
Policy Applicability:
This policy applies to University Administrators and Staff
Policy Statement:
The University of Louisville provides paid vacation leave to eligible employees.
A. Classified full-time employees accrue 10 vacation leave days during the first year of employment and one additional day per year thereafter -- to a maximum of 22 days.
B. Professional/administrative full-time employees accrue 15 vacation leave days during the first year of employment and one additional day per year thereafter -- to a maximum of 22 days.
C. Administrators are granted one-months' vacation leave. For the purpose of this policy, one month is equivalent to 22 working days per year. Vacation leave may be accrued but may not exceed 44 days without an exception from the President or his/her designee.
D. Staff members' vacation leave accrues proportionally for employees employed on any other fixed part-time basis of at least 40 percent of the normal working hours of the unit in which he or she is employed. Employees working at least 40 percent on May 1, 1992, will continue to accrue vacation leave on a proportional basis as long as they remain on at least a 40 percent FTE.
E. Staff members will accrue vacation leave based on the percentage of time in pay status, which accrues on a pay-period basis.
F. Staff members' vacation leave may be accumulated up to three times the amount which the employee is currently eligible to accrue during a 12-month period; provided, however, that the maximum leave balance shall be two times the amount which the employee is currently eligible to accrue upon (1) carry forward from January 1 to December 31 each year, (2) transfer from one department to another department (unless the hiring department accepts the transfer of additional leave), and (3) payment upon separation from employment.
G. Regular (classified and professional/administrative) staff members must submit a request to use vacation leave in writing to their supervisor and/or unit head in advance of the leave time requested. The request should indicate the times and dates when the leave begins and the return from leave. Staff members can Request Time Off via the Absence Calendar in Workday.
H. The supervisor and/or unit head may authorize vacation leave at times convenient to the efficient operation of the department as determined by the department head.
I. Vacation leave shall not be authorized for use prior to the time it is earned and credited to the employee.
J. All vacation leave must be used prior to beginning a leave of absence without pay.
K. Whenever an employee moves from one unit to another without a break in continuous service, unused vacation leave shall be transferred to the new unit for future use, subject to the transfer provisions of Paragraph G.
L. Staff members with at least six months of continuous and creditable service who separate from employment for any reason shall be paid for unused vacation leave, unless otherwise agreed by contract between the employer and employee, in the earliest pay period possible after separation at the employee's current pay rate, subject to the limitations of Paragraph F. Administrators who separate from employment for any reason shall be paid for unused vacation leave in the earliest pay period possible after separation at the employee's current pay rate, not to exceed 44 days.
M. Retirees may use a max of 44 days of vacation leave toward their official last day of active employment or be paid out in a lump sum (or any combination of the two).
N. Upon separation, vacation leave will not accrue following the last day worked.
Related Information:
Definitions:
Official University Administrative Policy
Policy Name:
Procurement and Contract Authority
Policy Number:
PUR 1 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
Procurement Services derives its authority to sign contracts on behalf of the University of Louisville from the Board of Trustees and from the Boards of the affiliated corporations, as regulated by KRS 164A.560.
No employees or officers of the University of Louisville, not named in the respective board resolutions, are authorized to make oral or written contracts or binding commitments in the name of the University, regardless of the source of funds.
Departments shall make requests of all goods and services through Procurement Services other than the small dollar transactions authorized under the University ProCard and Procurement process or transactions processed under Payment Request guidelines authorized by the Controller's Office.
Policy Reasoning:
KRS 164A.560 allows Public Institutions of Higher Education and their affiliated corporations to perform the functions of acquisition of funds, accounting, purchasing and capital construction by regulation.
Responsibilities:
Procurement Services makes procurement decisions in conjunction with the using departments, as appropriate. The Department of Procurement Services is to serve as the exclusive channel through which all bids and request for proposals are handled. Under certain circumstances, the using departments, upon prior approval from the Department of Procurement Services, may correspond with suppliers. For example, in cases where technical details are necessary. In such cases, the Department of Procurement Services should be provided with copies of all such correspondence. Close communication and coordination between Procurement Services and the using departments must occur. For those purchases between $50,000 - $99,999.99 that require three (3) quotes per Procurement Policy 3.00, departments may directly contact suppliers to obtain the necessary quotes.
Official University Administrative Policy
Policy Name:
Firewalls IT Division Policy
Effective Date:
July 23 2007
Policy Number:
ISO 017 v2 2
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
The university provides firewalls to protect the central university servers and host systems, and to protect the university network from the wider Internet. Custom firewalls providing additional protection for university systems may be installed upon request.
policy
Passwords
Official University Administrative Policy
Policy Name:
Passwords
Effective Date:
July 23 2007
Policy Number:
ISO 008 v2 2
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
All computer accounts must be password protected to help maintain the confidentiality and integrity of electronic data as well as to help protect the University's computing resources and infrastructure. This policy establishes a minimum standard for creation of strong passwords, the protection of those passwords, and the frequency of change.
Policy Reasoning:
The purpose of this policy is to establish minimum requirements for the creation and protection of passwords which aligns with National Institute of Standards and Technology ("NIST") Cybersecurity Framework and Special Publication 800-63b.
Responsibilities:
Policy Authority/Enforcement: The University's Chief Information Security Officer (CISO) is responsible for the development, publication, modification and oversight of these policies and standards. The CISO works in conjunction with University Leadership, Information Technology, Risk, Audit, and Compliance, and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
Employment of Resident Aliens Immigrants
Effective Date:
May 1 1992
Policy Number:
PER 2 16
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
For university purposes, immigrants and refugees are treated as U.S. citizens for employment practices. They may be eligible for federal financial aid, employed without restrictions of the immigration laws, and become residents for tuition purposes in public institutions. Immigrants may engage in employment through the university without special permission from the Immigration and Naturalization Service.
Related Information:
Foreign scholars coming to the United States to accept a permanent faculty position at the university should apply for an immigrant visa. Eligibility for permanent status or immigrant status is limited to the following types of persons for university purposes:
- Aliens having family members who are U.S. citizens or permanent residents;
- Refugees and applicants for asylum; and
- Aliens having special occupational skills who are "members of the profession," or possess "exceptional ability in the sciences or the arts" (third preference) or who are "capable of performing specified skilled or unskilled labor, not of a temporary or seasonal nature, for which a shortage of employable persons exist in the U.S." (sixth preference). Foreign scholars who are offered permanent or long-term positions in the university may qualify under this category as either third-preference or sixth-preference immigrants.
The university may offer permanent employment or a tenure-track faculty position to an immigrant alien, but a labor certification must be obtained in advance from the federal government to show no Americans are being displaced.
A special procedure exists for faculty hiring via the recruitment plan and search committee if the immigrant alien is the top choice willing to accept the position at the advertised salary.
There is no exception for non-faculty positions, which means the university must show there are no Americans who meet the minimum qualifications for those positions if offered at the "prevailing" wage. Prevailing wage means the market rate for these kinds of skills and is usually higher than university salary. A labor certification for permanent hiring of an alien in anything other than a tenure-track position should be requested in only a most exceptional situation.
PER-2.01, Recruitment and Selection - Staff
Definitions:
Resident aliens (immigrants) are persons who are admitted to the United States for the purpose of residing here permanently. They are identified by their possession of the Alien Registration Receipt Card, or Immigration/Naturalization Form I-551, commonly known as a "green card."
Official University Administrative Policy
Policy Name:
Sponsoring Visiting Researchers Scholars for Research Purposes
Effective Date:
January 1 2017
Policy Number:
RES 1 06
Policy Applicability:
This policy applies to the University of Louisville community administrators faculty staff employees students or other authorized University individuals who wish to serve as hosts for visiting researchers scholars employed or affiliated with another organization for a specific period of time to collaborate on a defined research or scholarly project This policy does not apply to individuals visiting the University who 1 are accompanied by authorized University personnel for a visit for a purpose outside of research or a scholarly project 2 do not need access to facilities or resources not open to the general public 3 are not performing hands on research or teaching and 4 will receive or require compensation or financial support in any form from UofL Examples of these visits include campus tours conferences collaboration meetings presentations on a topic generally related to the area of research being done at the University or other activities that do not require direct hands on research associated specific project
Policy Statement:
I) Program Overview. UofL's Visiting Scholar Program is a formal initiative that allows scholars, researchers, or professionals from other institutions—both domestic and international—to engage in research, collaboration, or academic activities at the host university on a particular project for a specific period, usually ranging from a few months to a year.
a) Purpose of a Visiting Scholar Program. UofL's Visiting Scholar Program is designed to:
i) Facilitate Research Collaboration - Visiting Scholars contribute to and benefit from ongoing research projects, fostering cross-institutional and interdisciplinary partnerships.
ii) Enhance Academic Exchange - scholars bring fresh perspectives, expertise, and knowledge, enriching the intellectual environment of the host institution.
iii) Promote Internationalization - strengthen global connections, support cultural exchange, and enhance their reputation.
iv) Support Professional Development - scholars gain access to university resources, faculty mentorship, and networking opportunities, advancing their own academic or professional careers.
v) Encourage Knowledge Transfer - the exchange of ideas, methodologies, and innovations benefits both the Visiting Scholar and the University.
b) What the Visiting Scholar Program is Not. UofL's Visiting Scholar Program is:
i) Not an Employment Position - Visiting Scholars are not considered employees of the university and do not receive a salary, benefits, or work authorization from the host institution.
ii) Not a Degree-Seeking Program - Visiting scholars are not students; they do not enroll in courses or work toward an academic degree from the host university.
iii) Not a Faculty Appointment - While they may collaborate with faculty members, visiting scholars do not hold teaching responsibilities or faculty titles unless specifically arranged.
iv) Not an Internship or Training Program - The program is intended for established scholars or professionals, not students or trainees seeking structured professional development or hands-on job training.
v) Not a Guaranteed Path to Employment - Participation as a Visiting Scholar does not lead to automatic hiring or a permanent academic appointment at the university.
vi) Not a Substitute for Paid Labor - The program is not a way to obtain unpaid work from individuals who should otherwise be compensated. Visiting Scholars should engage in independent research or collaborative projects, not perform tasks that would typically require an employee or compensated researcher.
These distinctions help ensure that the program remains focused on academic collaboration and research engagement rather than employment, education, or training.
II) Visiting Scholar Program Requirements.
- It is the policy of the University that Visiting Scholars must complete and maintain the appropriate clearances, certifications, trainings, and agreements that are applicable to their activities while at the University.
- All Visiting Scholars who have access to University research, facilities and/or resources not generally available to the public (including remote access) must have prior approval from the Faculty Sponsor's department or division head, Human Resources, and ORI, and the International Center, if applicable. Access to research data, materials, and/or facilities at the University may require additional approval depending on the nature of the data, materials, and/or facilities contained in the request (e.g. IRB approval, export control, etc.).
- Approval for a Visiting Scholar requires the full execution of the Visiting Scholar Agreement ("Agreement"). All Visiting Scholars (or their home institution/employer, if applicable) must sign the Agreement prior to the commencement of their activities at UofL and/or being permitted access to University resources. The Office of Research Integrity - Division of Research Security will coordinate with the Faculty Sponsor on completing the Agreement and facilitating the signature process upon receipt of the Visiting Scholar/Researcher Application. Only authorized officials of the University, with express authority (e.g. signature authority) from UofL may sign the Agreement on behalf of UofL.
- Visiting Scholars are not considered employees of the University, and therefore, as non-employees, they do not have official authority to represent, operate or have access (either physically or remotely) to the University's facilities not available to the general public (including by not limited to University buildings, labs, offices, research sites, and/or other core facilities), equipment, materials, or sensitive/proprietary data without proper University approval. At a minimum, the applicable Department Head Faculty Sponsor, ORI, Department of Enterprise Risk & Insurance, and Information Technology Services (ITS), must be aware of the presence and activities of these Visiting Scholars in writing. Visiting Scholars are subject to all applicable University rules, policies, procedures, and guidelines as well as all state and federal laws and regulations.
- Faculty Sponsors.
- Each Visiting Scholar must have a Faculty Sponsor willing to accept responsibility for the Visiting Scholar and may not be on sabbatical, or extended leave for the duration of the Visiting Scholars visit. The Faculty Sponsor is responsible for securing all approvals, including, but not limited to, submission of the "Visiting Scholar Application."
- Gratis faculty members cannot serve as Faculty Sponsors.
- Faculty Sponsors must ensure that the invitation of a Visiting Scholar is justified based on benefit and contribution to the University. The status of Visiting Scholars is a privilege and not a right. The University has the authority to rescind the approval of the visit, revoke the invitation, or deny its renewal or extension in its sole discretion.
Faculty Sponsors hosting a Visiting Scholar who is a Foreign Person must be current on or complete the appropriate export control and research security training prior to the arrival of the approved Visiting Scholar. The training will be assigned to the Faculty Sponsor by ORI.
The Faculty Sponsor is responsible for ensuring that the Visiting Scholar completes all required training and complies with all applicable laws, regulations, and University policies and procedures. Failure to meet these obligations may result in the revocation of the Visiting Scholar's access and university approval.
- Payments & Reimbursement of Expenses.
- Visiting Scholars who are invited to come to the University to collaborate or participate on research, scholarly, and/or clinical activities will not be paid a salary, compensation or otherwise receive financial support from the University as they are not an employee of the University and cannot represent themselves as such. Invitations to Visiting Scholars does not extend to spouses or dependents. If a Faculty Sponsor desires to invite a researcher to UofL who will require compensation or financial support, please contact HR; however, submission of the Visiting Scholar Application is still required
- Visiting Scholars are expected to have financial support from their home institution, employer, government, or other external funding sources. The University does not provide salary, stipends, or financial assistance, and Visiting Scholars may be required to verify that they have adequate funding for the duration of their stay, including living expenses, travel expenses, and health insurance.
- Criminal Background Check & Restricted Party Screening. All Visiting Scholars will undergo a criminal background check. The expense of running a criminal background check is the responsibility of the department of the Faculty Sponsor. Due to federal requirements, all Foreign Persons require a restricted party screening by ORI prior to arrival on campus and may be asked to provide their most recent curriculum vitae or resumé and a photocopy of their passport via the Visiting Scholar Application.
- Duration of Visit. All Visiting Scholars are required to comply with this policy regardless of the duration of their visit. While Visiting Scholars frequently visit the University during the summer intercession, depending upon the nature of the schedule at their home institution, they may be on campus at any time throughout the academic year. For the purposes of this policy, the duration of the visit shall be no more than twelve (12) months.
- In the event that the nature, purpose, location, or duration of the visit changes, the Faculty Sponsor shall inform the department head or director, dean, and ORI, and secure approval for the revised program 30 business days prior to the expiration of the initial approval deadline. For approved visits shorter than 30 days, notification should occur within 2 business days after the need for a change has been identified. A new Visiting Scholar Application must be submitted outlining the revised program and it may be necessary to execute a revised or amended Agreement.
- In the event that a Visiting Scholar will have access to or be involved with a sponsored project that requires all project personnel to receive prior approval from the sponsor, the Faculty Sponsor is responsible for obtaining and must receive such approval from the sponsor in writing prior to the Visiting Scholar commencing work on the project.
- Travel Visas. If the appointee is a Foreign Person, the individual must have an appropriate visa as required by the U.S. Department of State. This visa must be active for the entire duration of the Visiting Scholars visit and permit the Visiting Scholar to work on the project associated with their visit. The Office for International Student and Scholar Services is responsible for overseeing and managing the U.S. Department of State's J-1 Exchange Visiting Scholar Program for Visiting Scholars that require a travel visa as an International Professor, Research Scholar, or Short-Term Scholar. Visiting Scholars that require visa sponsorship should contact the International Student and Scholar Services office; however, submission of the Visiting Scholar Application is still required.
- Training and Certifications. It is the requirement of the University that all Visiting Scholars complete the appropriate training and certifications needed for the nature of the work they will complete during their visit. Depending upon the nature of the project, the Visiting Scholar's country of origin, and export control regulations additional permissions may need to be addressed. Due to the requirements and time necessary to secure approval for work on controlled and sensitive projects, Faculty Sponsors are strongly encouraged to balance the necessity of including Visiting Scholars on these types of projects. Faculty Sponsors should plan for a minimum of six (6) weeks for ORI to secure necessary export control licenses for a Visiting Scholar, if the Visiting Scholar will be working on a controlled project or accessing controlled technology and/or information. Additional information about training requirements can be found here. Visiting scholars who will be at the University for a time period greater than two weeks and who will be working in a department of the University which is included in the University's HIPAA-governed healthcare component (as designated by the Privacy Office) must complete the University's approved HIPAA training.
- Secured Access and Access to Specialized Resources. Although Visiting Scholars are not employees of the University, Visiting Scholars may be granted access to certain University facilities, data and/or resources to the extent necessary to complete the purpose of their visit. Visiting Scholars should have appropriate University identification and approved programmed access to necessary secured areas and specialized resources. No Visiting Scholar shall share identification/access with permanent faculty, staff, and/or students. In addition to programmed access, some specialized resources (lab areas, equipment, etc.) have additional training requirements prior to use. Faculty Sponsors must contact the respective facility or lab managers to ascertain what requirements must be fulfilled before access is granted. For authorizations related to classified/sensitive research It should be noted, that in some instances, the approval process for these specialized projects can take months. For assistance in these areas, contact the ORI and Information Security Compliance Office.
- Each Visiting Scholar must have a Faculty Sponsor willing to accept responsibility for the Visiting Scholar and may not be on sabbatical, or extended leave for the duration of the Visiting Scholars visit. The Faculty Sponsor is responsible for securing all approvals, including, but not limited to, submission of the "Visiting Scholar Application."
- Gratis faculty members cannot serve as Faculty Sponsors.
- Faculty Sponsors must ensure that the invitation of a Visiting Scholar is justified based on benefit and contribution to the University. The status of Visiting Scholars is a privilege and not a right. The University has the authority to rescind the approval of the visit, revoke the invitation, or deny its renewal or extension in its sole discretion.
Faculty Sponsors hosting a Visiting Scholar who is a Foreign Person must be current on or complete the appropriate export control and research security training prior to the arrival of the approved Visiting Scholar. The training will be assigned to the Faculty Sponsor by ORI.
The Faculty Sponsor is responsible for ensuring that the Visiting Scholar completes all required training and complies with all applicable laws, regulations, and University policies and procedures. Failure to meet these obligations may result in the revocation of the Visiting Scholar's access and university approval.
Faculty Sponsors hosting a Visiting Scholar who is a Foreign Person must be current on or complete the appropriate export control and research security training prior to the arrival of the approved Visiting Scholar. The training will be assigned to the Faculty Sponsor by ORI.
The Faculty Sponsor is responsible for ensuring that the Visiting Scholar completes all required training and complies with all applicable laws, regulations, and University policies and procedures. Failure to meet these obligations may result in the revocation of the Visiting Scholar's access and university approval.
- Visiting Scholars who are invited to come to the University to collaborate or participate on research, scholarly, and/or clinical activities will not be paid a salary, compensation or otherwise receive financial support from the University as they are not an employee of the University and cannot represent themselves as such. Invitations to Visiting Scholars does not extend to spouses or dependents. If a Faculty Sponsor desires to invite a researcher to UofL who will require compensation or financial support, please contact HR; however, submission of the Visiting Scholar Application is still required
- Visiting Scholars are expected to have financial support from their home institution, employer, government, or other external funding sources. The University does not provide salary, stipends, or financial assistance, and Visiting Scholars may be required to verify that they have adequate funding for the duration of their stay, including living expenses, travel expenses, and health insurance.
- In the event that the nature, purpose, location, or duration of the visit changes, the Faculty Sponsor shall inform the department head or director, dean, and ORI, and secure approval for the revised program 30 business days prior to the expiration of the initial approval deadline. For approved visits shorter than 30 days, notification should occur within 2 business days after the need for a change has been identified. A new Visiting Scholar Application must be submitted outlining the revised program and it may be necessary to execute a revised or amended Agreement.
Related Information:
Obtaining a Cardinal Card
Instructions for obtaining a Cardinal Card, with programmed access, for the visiting individual:
- Faculty Sponsor should submit a request to Card Operations on UofL letterhead from the school, signed by the Dean, with a copy being sent to the ORI;
- Letter should include: Visiting Scholar's name, purpose of the card (ex. door access, library card, etc.), areas necessary for the Visiting Scholar to gain access, and expiration date.
Sponsored Accounts
Immigration and VISA Requests
Signature Authority
Policy Reasoning:
From time to time, University of Louisville ("University" or "UofL") full-time administrators, faculty, staff, employees, or other authorized University individuals may wish to serve as hosts for visiting researchers/scholars employed or affiliated with another organization for a specific period of time to collaborate on a specific research or scholarly project and who will require independent access to University facilities and/or resources in ways that are not available to the general public (NOTE: this includes fully remote access to resources if University login is required). Additionally, the reason for this policy is to describe the requirements, authorizations, and agreements necessary to host these individuals. The information included in this policy covers individuals who are not compensated through a salary or hourly rate by the University and thus may not be tracked in the traditional sense, for whom it is necessary to establish guidelines.
Definitions:
- Faculty Sponsor: a full-time faculty, staff, employee, administrator of the University irrespective of discipline, regardless of pay or leave status.
- Foreign Person(s): an individual who is not a citizen of the United States or a national of the United States and has not been lawfully admitted to the U.S. for permanent residence, as defined in 8 U.S.C. § 1101(a)(20); or A foreign principal, as defined in 22 U.S.C. § 611(b).
- ORI: means UofL's Office of Research Integrity or their designee.
- Visiting Scholar: an individual employed or sponsored by another organization (usually a university, industry, or government agency) and who typically hold a PhD, MD, or equivalent terminal degree in their discipline or have received equivalent professional recognition. A Visiting Scholar has been invited and approved by the University to come to campus or granted remote access to University data, facilities, and/or resources, for a period of time to collaborate on specific research, clinical, or other scholarly activities.
policy
Parking System
Official University Administrative Policy
Policy Name:
Parking System
Policy Number:
PARK 001
Policy Applicability:
This policy applies to the University Community administrators faculty staff students and visitors
Policy Statement:
The University of Louisville has established parking system rules and regulations that must be followed when parking a motor vehicle on property owned or controlled by the University:
These regulations are subject to change without notice when necessary to facilitate the parking program. When changes or modifications are necessary, an announcement will be made, if possible, in appropriate University publications prior to the effective date of the change.
Related Information:
For additional related parking and transportation rules, guidance, or information:
Authority
University Liability
Stall Designation
Removal and Impoundment of Vehicle
Parking Penalties and Fines
Traffic Regulations
Traffic Violations and Penalties
Theft or Loss of Permit
Reimbursement
Special Events and Lot Maintenance
Parking Permit Fees
Visitor Parking
Loading Zone/Service Permits of Personal Vehicles
Transportation
Contractor Parking
Vendor Parking
Car Sharing Program
Ride Sharing
Policy Reasoning:
Use of a motor vehicle on University of Louisville property is a privilege, not a right, and is made available only under the policies established in the University Parking Rules and Regulations currently in effect.
The purpose of these regulations is to expedite the safe and orderly conduct of University business and to provide parking facilities in support of this function within the limits of available space.
Responsibilities:
It is the responsibility of permit holders to keep their parking account contact information up to date.
policy
Space Heater
Official University Administrative Policy
Policy Name:
Space Heater
Effective Date:
November 1 2013
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
Portable space heaters not approved by the Office of the University Fire Marshal must be removed. If university funds are used to purchase space heaters they must be purchased through the stock room. The use of space heaters is prohibited in residence halls and student living facilities.
I. Specifications:
a. Test Laboratory Approval: Space heaters must display a nationally recognized testing laboratory seal of approval such as Under Writers Lab (UL) and Factory Mutual Insurance.
b. Automatic Tip-Over/Shut-Off Function: The heater must be equipped with a safety tip-over shut-off function. This function will cause the appliance to automatically shut off if the heater should become overheated or is accidentally tipped over.
c. Energy Usage: Heaters may not produce more than 1500 watts of heat or require more than 120 volts or 12.5 amps of power to operate.
d. Extension Cords Prohibited: Space heaters may not be used in conjunction with an extension cord or multi-strip, and must be plugged directly into the wall electrical outlet.
II. Heater Placement:
a. Keep electrical cords, drapery, furnishings, and all combustibles at least 3 feet (36 inches) away from the front, sides and rear of the heater. A greater degree of supervision and monitoring is required when heating appliances are in use.
b. Heaters may not be used in rooms where flammable liquids and gases are being used or stored.
c. Heaters must be turned off and unplugged from the outlet daily, and whenever the room or area is unoccupied, for safety and to conserve energy.
d. Do not leave heaters unattended.
III. Prohibited from Use:
a. Space heaters are not allowed for use in Residence Halls, Greek housing facilities, or locations where sleeping quarters have been designated.
b. Space heaters not otherwise described in this policy are not allowed in university buildings unless approved by the University Fire Marshal.
c. Space heaters having exposed heat coils and are not protected by a heat grate or screen, and certain fuel-fired heating appliances, are prohibited from use. Contact the University Fire Marshal to verify if a specific appliance is acceptable for use.
Related Information:
The purpose of a space heater is to supply supplemental heat to a small space for a short period of time. Space heaters pose serious fire and electrical hazards, and are not energy efficient and are strongly discouraged for use.
The University shall strive to maintain room temperatures as follows: During Heating Season: Occupied Hours 66-72 Degrees F. Unoccupied Hours 55-65 Degrees F. During Cooling Season: Occupied Hours 74-78 Degrees F. Unoccupied Hours 78-85 Degrees F.
If acceptable ambient room temperatures are difficult to maintain, please contact Work Control at 502-852-8192 for Belknap and Shelby/Hurst campuses; 502-852-5695 for HSC campus or email: http://louisville.edu/physicalplant/forms/non_chargeable_request and a room temperature audit will be conducted. In the event that room temperatures cannot be adjusted following a Physical Plant audit and temperature adjustment, temporary use of an approved space heater may be allowed.
Recommended Heaters:
a. Preferred heaters use radiant heat (rather than resistant heaters whose coils may exceed 1000o F), and are thermostatically-controlled. Radiant heat panels are designed to heat to a little over 100°F, so they cannot burn the user, nor readily start a fire should they come in contact with clothing, paper, or other combustible materials. Radiant heaters are more energy efficient because they are designed to radiate direct heat to the users' body and not to surrounding furniture, walls, and equipment in the process.
b. Approval Inspection Decals will be affixed to heaters approved for use during regular building fire safety inspections by the University Fire Marshal. Non-compliant heaters must be removed from university property immediately, within 30 days following the inspection
c. University policy requires if using university funds to purchase a Space Heater that such purchase is made through the UofL Stockroom. The purchase of Space Heaters through retail establishments using University funds is not authorized nor will those charges be approved for reimbursement. Using the University Credit Card for the Purchase of Space Heaters would also be in violation of University policy since these items are available through UofL Stockroom.
d. Approved heater brands are available for purchase at the U of L Stockroom located 333 E. Brandeis Street (corner of Brandeis and Floyd St.) Belknap Campus. 502-852-6253 https://louisville.edu/stockroom
This policy supports the University of Louisville's 2020 Strategic Plan; Goal #5 "Creative and Responsible Stewardship" as noted in Applicability of the Policy.
This policy applies to university personnel, students, and those desiring room temperature adjustments.
Policy Reasoning:
This policy has been established to provide guidance to the inhabitants of university buildings relative to the proper method of requesting a room temperature assessment and the method by which the approval of personal space heaters can be obtained.
policy
Web and E Commerce
Official University Administrative Policy
Policy Name:
Web and E Commerce
Effective Date:
July 23 2007
Policy Number:
ISO 011 v2 0
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
The web presence of the university is to securely provide information, allow for interactive functions and promote a positive image of the university to other universities, accrediting agencies, funding agencies, the media, prospective students, their families, and the public.
Policy Reasoning:
To establish standards and responsibilities regarding the use and creation of web pages and e-commerce sites.
Definitions:
Sensitive Information
Information of a confidential or proprietary nature and other information that would not be routinely published for unrestricted public access or where disclosure is prohibited by laws, regulations, contractual agreements or University policy. This includes (but is not limited to) full name or first initial and last name and employee ID (in combination), identifiable medical and health records, grades and other enrollment information, credit card, bank account and other personal financial information, social security numbers, grant reviews, dates of birth (when combined with name, address and/or phone numbers), user IDs when combined with a password, etc. Sensitive information does not include personal information of a particular individual which that individual elects to reveal (such as via opt-in or opt-out mechanisms) (see Information Management and Classification Standard).
Responsibilities:
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
Internal Reallocation and Financial Incentive Strategy
Effective Date:
July 1 1993
Policy Number:
BFP 004
Policy Applicability:
This policy applies to Deans Vice Presidents and Lead Fiscal Officers
Policy Statement:
The following policy applies to the treatment of year-end balances for general fund programs only. It is intended to serve as a general guideline and as an incentive for accountability and sound fiscal management by heads of major budgetary units.
Year-end Surplus/Deficits: For those units that end the year with an overall general fund surplus, an amount equal to 100%, except as determined by university leadership, of the surplus will be carried forward to the following year's budget as an allocation of one-time funds. These funds will be allocated to specific holding programs to be administered by either the respective Vice President, in the case of the support units, or Dean in the case of the academic units. The carryover funds must be used for high priority unit purposes, and may include hiring temporary personnel, increases in operating expenses, start-up packages, travel, or the purchase of capital items. None of the funds, however, may be used to hire additional permanent personnel or create continuing annual requirement (CAR) obligations beyond the fiscal year. Deans and Vice Presidents may choose to return a portion of the funds carried forward to the departments or programs generating the savings, consistent with unit strategic priorities. Units are expected not to incur operating budget deficits. Units that overspend their general fund budget and end the year with an overall deficit will be required to cover 100% of the deficit from reductions in the next year's budget. This deficit recovery normally will be accomplished in the first quarter of the new fiscal year.
The Office of the President, assisted by the Office of Budget and Financial Planning staff, shall determine whether the amount of the central general fund surplus is sufficient to meet year-end funding requirements. If not sufficient, appropriate additional annual unit contributions may be required. This can be from unit carry-over or other funds as deemed appropriate by the unit head.
Exclusions: Selected general purpose programs which are university-wide in nature will be excluded in the calculation of the general fund surplus. These are:
University-wide financial aid programs (non-unit specific).
Central university departments, which are university-wide in nature.
Service center programs.
University-wide financial aid programs (non-unit specific).
Central university departments, which are university-wide in nature.
Service center programs.
Policy Reasoning:
This policy allows for all academic and support units of the University, who meet the annual requirements of this initiative, to carryover their general fund surpluses. The policy also intends to dissuade units from over spending expenditure budgets, thus causing operating deficits. The intent of this policy is to provide additional fiscal flexibility and reward good fiscal management by allocating year-end surpluses to the operating units which generate them.
Definitions:
For purposes of this policy, an academic unit is defined as a college, school, or stand-alone academic division or program. A support services unit is defined as the combined departments, offices, and activities reporting either to the President, Provost, or a Vice President.
For purposes of this policy, year-end balances are the residual funds remaining after fiscal close as calculated by the Office of the Controller.
policy
Service Center
Official University Administrative Policy
Policy Name:
Service Center
Effective Date:
February 11 1994
Policy Number:
BFP 005
Policy Applicability:
This policy applies to Deans Vice Presidents Center Directors Lead Fiscal Officers and Unit Business Managers
Policy Statement:
Budgets shall be prepared for each Service Center in accordance with established university guidelines. This will be done annually as part of the regular process used in the preparation of the university's annual operating budget. The budgets shall include realistic projections of both revenues and expenditures consistent with the unit's business plan.
Revisions to the approved budget shall be made through the normal budget adjustment process in accordance with established university policies and procedures:
- Service Center managers may transfer funds within the activity as programmatically justified. Intra-departmental transfers between expenditure categories (FRS subcode pools) are authorized.
- Because of their self-supporting nature, interdepartmental transfers for Service Centers would normally not take place. When it is in the best interest of the University, vice presidents may make exceptions where two separate centers function dependently. An example of this is the interdependence of the printing and publications operations.
- Service Centers shall receive no general fund subsidy from the university. All requests to revise the operating budget must be funded internally from realized revenue or interdepartmental charges.
Unencumbered funds remaining at fiscal close will be carried forward into the new fiscal year as unallocated fund balances. Fund balances will not normally be used to support operations, except for special provisions outlined in the business plan. Each Service Center shall have its own general ledger account where fund balances will accrue automatically. The primary purpose of this provision is to allow Service Centers to accumulate funds over time to make major equipment purchases and to fund other capital projects.
Fringe benefit costs for personnel assigned to the Service Center shall be budgeted and expended in accordance with the University's established practices. Unexpended fringe benefits may be re-budgeted and used as programmatically justified.
Service Centers shall be exempted from the University's Lapsed Salary Policy, Vacant Position Policy, and the Financial Management Incentive Policy and Internal Reallocation Policy. The purpose of this exclusion is to give maximum flexibility in financial management and to encourage decentralized decision making by Service Center managers.
Related Information:
Rate Development
As noted earlier, the financial goal of Service Centers is to break even over time. Therefore, the Service Center rate should be enough to recover the allowable expenses. This is depicted in the following formula as:
Budgeted Operating Costs +/- Prior Year Carry Forward
Expected Units of Activity
Example 1: The XYZ Lab Service Center has a machine that performs soil testing. The machine costs $40,000 per year to operate (allowable costs) and is expected to have an activity level of 1,000 hours. It had a $3,000 deficit last fiscal year which was within 10% of its budget. Plugging this information into the formula, we get a per hour rate of $43.00 per hour for the machine.
$40,000 + $3,000 = $43.00 per hour
1,000 hours
Notice that XYZ Lab Service Center had to build the $3,000 prior year deficit into the current year rate in order to break-even over time.
Example 2: The Chemical Oceanography Service Center (COSC) employs two full-time researchers whose combined salaries and fringe benefits total $200,000. They also have other direct costs as follows; supplies and materials $28,000; telecommunications $5,000; travel $1,000; and repairs and maintenance of equipment $19,000. The total costs for COSC are $253,000. COSC had a residual of $11,000 last fiscal year which was within 10% of its budget.
COSC performs two types of tests/services: 1) pH Levels and 2) Hydrocarbon testing. COSC estimates that 80% of its resources are spent on pH level testing and 20% on Hydrocarbon testing. Therefore, the budgets for the two tests are 1) pH Levels - $253,000 x 80% = $202,400 less .80 x $11,000 residual = $193,600 and 2) Hydrocarbon - $253,000 x 20% = $50,600 less .20 x $11,000 residual = $48,400. COSC also estimates that they will perform 2,900 pH level tests and 80 Hydrocarbon tests. Plugging this information into the formulas, we get following rates per test.
pH Level $202,400 - $8,800 = $66.76 per test
Testing 2,900 tests
Hydrocarbon $50,600 - $2,200 = $605.00 per test
Testing 80 tests
Non-discriminatory Rates - A Service Center must charge all internal users at the same rate for the same level of services or products purchased in the same circumstances. Rates must not differentiate among internal users. The use of special rates, such as for high volume work or less demanding non-scientific applications, is allowed, but the special rates must be financially documented and be equally available to all users. The federal government does not object to charging other external users a higher rate than that charged to Internal Users, but internal rates must be based on total usage.
Residuals and Deficit
Service Centers should establish rates that enable the Service Center to breakeven each fiscal year, and over time. In practice, this may not occur due to a variety of circumstances. In order to account for financial uncertainties, UofL has adopted a policy that allows Service Centers to have up to a 10% residual or deficit in a fiscal year. The 10% is calculated on total annual operating costs.
Any residual or deficit of 10% or less will be carried forward into the new fiscal year, but the calculation of service center rates for the new fiscal year must include the residual or deficit. For example, if a Service Center had a 5% residual in FY12, this would indicate that rates were too high and should be lowered in FY13 (all other things being the same). The new rates should have the effect of lowering the residual in FY13. The university will provide the proper accounting mechanism to track any residuals.
Subsidized Users and Subsidies
Services provided to all users must be accounted for and documented. If the university chooses to provide a service to a particular internal group of users at no or reduced charge than other users (e.g., audio-visual services as part of an instructional program) by subsidizing the costs of the service, the subsidy must be calculated for all internal users based on total service expenses and total units of output. The services used by the subsidized user group must be accounted for, i.e. the cost the user pays together with the subsidy provided. The Service Center must ensure that the actual service rate charged to this subsidized user group is consistent with that charged to other internal users, i.e. the sum of the rate the user pays from his/her budget and the subsidy. No service rate charged to any user may be lower than the rate charged to a federally funded service activity.
High Volume Services
Special rates can be available to high volume services, provided the same high volume rate (and volume threshold) is applied to federally-funded users.
Transfers
Service Centers may not transfer excess balances. Balances must be carried forward in the Service Centers operating account and used to fund future rate adjustments.
Pricing of Multiple Services
A Service Center is required to perform and document the rate calculation and break-even analysis for each type of service it provides, i.e. multiple rate structures may be necessary. A Service Center providing more than one service may sometimes realize a residual on some services and a loss on others. Service Centers must ensure that there is no cross-subsidization between user groups. Combining the results of various services is not acceptable if the mix of users for each service is different.
Recordkeeping and Retention
All Service Centers must follow UofL financial systems policies and procedures. Documentation must be kept for all business operations. It is critical that Service Centers ascertain the source of funding that users will use to pay for a service. In effect, will the user pay with federal funds or non-federal funds? In most cases, this source of funding determines the appropriate service rate to charge.
Taxes
It is important that Service Centers familiarize themselves with University policies on sales tax and unrelated business income tax. Both policies can be found at the University's Tax Department website.
Sales Tax - Service Centers may upon occasion provide goods or services that are subject to state sales tax. To the extent that taxable sales occur, the university and its affiliates are responsible for collecting and remitting sales tax on the transactions. Where taxable sales are made to other schools or to entities that are otherwise tax-exempt, Service Centers must obtain a tax exemption certificate from the recipient. Note that individuals (including students, faculty, and staff) are not exempt from sales tax.
Unrelated Business Income Tax - Additionally, Service Center activities may be subject to unrelated business income tax (UBIT). If a Service Center consistently books revenue from external or commercial sources and such activity accumulates residuals or demonstrates any other facts that might indicate a profit motive, the Service Center may be liable for UBIT.
Questions regarding sales tax and income tax should be directed to the Tax Department which has the responsibility of reporting and remitting any taxes that may apply.
University Administrative Fee
The purpose of the university administrative overhead fee is to partially offset central university expenses associated with administrative support of certain, specific "stand alone" programs, such as Service Centers, Auxiliary Enterprises and other program budgets. The assessment rate is 12% of the gross expenditures of each Service Center program.
Effective July 1, 2014, Research Service Centers are excluded from this charge.
The University Administrative Fee is separate from, and not included in the Facilities & Administrative (F&A)/Indirect Cost calculation. The University Administrative Fee cannot be part of the rate charged to a user using federal funds as the payment source.
Policy Reasoning:
Application of the policy is needed in order to ensure that goods and services:
- Comply with government requirements. The government monitors, by routine audits, the University's compliance with Federal regulations.
- Are charged at rates that recover the costs of providing the goods and services.
- Are being provided at reasonable rates when compared to external providers.
Service centers must be able to demonstrate compliance with applicable UofL, federal, and other governmental entities' policies and procedures. The primary federal guidelines and oversight of Service Centers is covered by the Office of Management and Budget's (OMB) Circular A-21, with added emphasis on Section J.
Definitions:
A. Definitions of Recharge and Service Centers
The following section outlines the basic definitions and characteristics of Service Centers and Recharge Centers at UofL. Though these types of centers share certain attributes, there are significant differences in size, complexity, and operating procedures. However, it is important to note that both Recharge and Service Centers will be assigned a Chart of Accounts program code that begins with an "S" designation.
Recharge Center Definition
Recharge Centers are organizational units or activities that provide goods and services for University departments and the University community. Recharge centers charge a fee to Internal Users that is based upon the expected actual direct costs of providing the good or service. These expected direct costs are used to establish service rates. The service rates are expected to recover sufficient revenue to equal direct costs, i.e. "break-even." Recharge Centers may be centrally or departmentally supported. Their activities are non-research and non-academic oriented. Printing services and computer support services are examples of a Recharge Center.
In addition to meeting the above definition, the total direct cost of providing the good or service exceeds $10,000 per fiscal year. Recharge centers are expected to break even annually. Recharge activities with operating expenses less than $10,000 per year are exempt from this policy.
Service Center Definition
Service Centers are organizational units or activities that provide goods and services for university departments (internal) and potentially for entities outside of the university (external users). Service Centers are focused on research and academic activities. Service Centers charge to internal users and to external users who pay with federal funds a service rate that is based upon the expected actual and appropriate direct incurred costs for the good or service, and possibly certain allowable types of indirect costs (see below). For example, in many cases, equipment depreciation may be included in the service center rate. This differs from Recharge Centers where equipment depreciation is not allowed to be included in the costs of operation, and therefore, not included in the service rate. In some circumstances, Service Centers may charge external users a service rate that exceeds the service rate for internal users and external users who pay with federal funds. If a Service Center desires to charge an external user a higher service rate, the Service Center should obtain concurrence with that rate from the Office of Budget and Financial Planning (BFP) and the Controller's Office to ensure proper compliance with unrelated business income tax reporting. Federally funded projects are entitled to the lowest service rate offered by the service center for the same type of service(s). IMPORTANT NOTE: Costs which are included in the University's applicable Facilities and Administration (F&A) rates are NOT to be included in any service center rate. The University's F&A rate applicable to Other Sponsored Activity is to be assessed to service rates/total service costs incurred for all External Users, including those paying with federal funds.
Types of Service Centers
There are two administrative classifications of Service Centers at UofL; Minor, and Major. The costs for each type are accounted for in the same manner. The definition of each is set forth below:
Minor Service Center
A Minor Service Center provides goods and/or services to other university departments, and External Users. Rates are based on direct costs and with approval from the Office of Budget and Financial Planning (BFP), allowable indirect costs for depreciation on equipment. These operations generate between approximately $10,000 - $500,000 of revenue and/or interdepartmental credits per fiscal year, and are expected to break even annually.
Major Service Center
A Major Service Center provides goods and/or services to other university departments (Internal Users), and External Users. The services are not always available from outside vendors. Services provided usually involve highly complex and specialized facilities. Rates are based on direct costs, and with approval from the Office of Budget and Financial Planning, allowable indirect cost. These operations generate approximately over $500,000 of revenue and/or interdepartmental credits per fiscal year.
Allowable Indirect Costs
For purposes of rate determination, "allowable indirect costs" are indirect costs incurred within the service center for multiple goods or services, but do not include costs incurred on a general university wide basis or in support of federal programs. These allowable indirect costs may be allocated on a per unit basis or other reasonable method to projects within the service center.
Examples of such costs include: 1) salaries and benefits of service center administrative support, 2) supplies utilized within the service center not directly attributable to a service or project, and 3) current year depreciation on service center equipment.
B. Terminology and Key Rules for Minor and Major Service Centers
The following presents the major terms utilized for Service Centers at UofL. Where appropriate, the key rules associated with the term are also included.
Internal Users
This includes, colleges, schools, departments, and entities that are accounted for in any of the following UofL Annual Financial Statements; 1. University of Louisville and Affiliated Corporations; 2. University of Louisville Research Foundation, Inc.; 3. University of Louisville Athletic Association; and 4. University of Louisville Foundation Inc. and its nonprofit Affiliates.
The rate charged to Internal Users should be based solely on direct costs and should not include any indirect (Facilities & Administrative, or F&A) costs or any "mark-up". The rate should be enough to cover allowable direct costs, but not generate a residual. Service Centers must breakeven (revenues = expenditures) over time.
External Users
This user group excludes internal users but includes users from outside of UofL, including but not limited to other educational institutions, companies, the general public, students, and any members of faculty or staff acting in a personal capacity. At a minimum, external users will be charged for the full costs (approved service rate plus applicable institutional Facilities & Administration, or F&A, costs) of the services performed (see "Indirect Costs and F&A Costs" section below). The rate charged to certain external users (e.g. non-federal external users) may be higher than total costs (i.e., may include a "markup"), provided the Service Center has obtained approval of that rate from the Office of Budget and Financial Planning (BFP) and the Controller's Office to ensure proper compliance with unrelated business income tax reporting. Users which are utilizing federal funds (including federal flow through) to pay for their service projects are not to be charged any additional "markup" and are entitled to the lowest approved service rate offered, plus applicable F&A costs. When the expenses for an external user are processed as part of a sponsored program speedtype, the F&A cost will be automatically posted when the expenses are posted in the University's accounting system. If the external user is directly invoiced by the Service Center, the Service Center is responsible for ensuring the applicable F&A cost is included in the billing.
*Know Your Customer - There may be occasions when an entity normally accounted for in the above financial statements is classified as an External User (e.g. - a UofL entity acts as an agent for an external party to gain a favorable Internal User rate), or an Internal User is classified as an External User (e.g. - Dr. X has a business that is separate from UofL, if she wishes to engage the Service Center to perform a project related to her business, the external rate should be charged). Service Center managers should exercise care in determining the funding source and purpose of a given business transaction.
*Billing Your Customer - It is required that the Service Center knows and documents how the user intends to pay for service(s) prior to performing the service(s). This documentation determines the rate eligibility of the user (e.g. - a user paying with federal funds shall receive the lowest service rate).
Direct Costs
Costs specifically assignable to the operations of a service center. All direct costs must be budgeted and charged directly to service center operating accounts. Direct costs include, but may not be limited to:
- Salaries and fringe benefits
- Supplies/materials
- Travel - costs are limited; check with Office of Budget & Financial Planning
- Telecommunications
- Non-capitalized equipment (<$5,000)
- Printing
- Repairs and Maintenance on Equipment
- Rental and Service Contracts
Indirect Costs and F&A Costs
Are not usually included in development of service rates for Internal Users or for External Users which pay for services with federal funds. Service Centers should discuss such costs with their BFP analyst before they calculate proposed rates. This will save time and effort. Service rates potentially could include certain indirect costs incurred by the Service Center for multiple goods or services or campus-wide indirect costs only if inclusion of such costs is consistent with OMB Circular A-21 and if such indirect costs are NOT included in the institutional Facilities & Administration (F&A) Rate calculation. F&A costs should not be included in service center rates; instead, F&A costs are to be assessed separately on the total amount charged for performance of the specified services based on applicable service rate. The University's applicable F&A rate for Other Sponsored Activities (which includes service) is available at http://louisville.edu/research/common/f-a-indirect-cost. A lower F&A rate may be assessed to certain non-profit external users only as allowed by university policy/standard practice.
Depreciation
The depreciation of capital assets charged to Service Center operations is based on the straight line method over the useful life of the asset. Such treatment ensures that users pay only for depreciation expense associated with the usage in a given year. UofL capitalizes equipment of $5,000 and higher. The Controller's Office will provide guidance on the service life for specific types of equipment, and will also provide an accounting mechanism to track eligible depreciation.
Note: Depreciation of equipment purchased by the federal government, whether or not title has reverted to the University, cannot be included in the user rates. Where the University has specifically agreed to "cost share" equipment in a federal award, depreciation of the University-funded portion is also unallowable in the rates.
Establishing and adjusting rates
Service Centers are required to formally review and present their rates every 24 months to BFP, and if operating results exceed, or are expected to exceed the +/-10% threshold, the rates should be adjusted at that point. However, Service Center personnel should monitor their financial performance on a regular basis and at least every six months. Rates should be revised as appropriate prior to the end of the formal 24 month review period in order to minimize the possibility of over and under recoveries. The rate review and modification process will be part of the program budget process which is coordinated by BFP (typically in January and February).
Note: The "establishment" date for a Service Center begins when the UofL Service Center Committee approves the establishment of the new Service Center.
Over and Under Recovery
Reasonable efforts must be taken to avoid the accumulation of residuals and deficits greater than or less than 10% of the revenues less expenses. The policy governing such actions is as follows:
- The calculation and determination of over and under recoveries greater than 10% shall be on a two year (biennial) basis beginning with July 1, 2013.
- At the end of the two year period (June 30, 2015) the over or under recovery will be determined.
- Service Centers are required to break-even over time.
- Any residuals greater than 10% must be used for the benefit of users via reduced rates. Residuals greater than 10% may not be used to fund Service Center operations.
- Any deficits greater than 10% must be written off with funds from outside the Service Center. The write off amount may be from unrestricted funds or applicable restricted funds.
Examples:
- SC9999 had a 9% over recovery in FY13, and a 2% over recovery in FY14. - The SC must adjust rates to lower the surplus, and may only budget 10% of the surplus (the 1% left over may not be budgeted or used).
- SC8888 had a 20% over recovery in FY13, and a 15% under recovery in FY14. -The 10% policy does not apply.
Subsidy
Subsidies are non-Service Center funds that are applied/ supplied (either centrally or at the school, unit or departmental level) from non-federal sources to offset the cost of the Service Center services for the Internal User. The respective unit head, Dean or VP for a Service Center may approve a subsidy for services performed for specific internal users or for specific services used by internal users. All internal users should be offered the same subsidy for comparable services.
The Service Center must keep track of all the subsidies that were allowed during a year. Records must include the rate(s) charged for the service, the date, the actual cost of the service, and what would this service cost if charged at un-subsidized, actual rate. This will help identify imputed revenue issues.
Working Capital
In addition to full recovery of actual costs, Service Centers may have a financial need for increased operational liquidity. UofL allows Service Centers to have a working capital reserve of up to 60 days' worth of operating expenditures.
Unallowable Costs
Costs defined in OMB Circular A-21, Section J that are not eligible for reimbursement from the federal government and must not be recorded in Service Center accounts. These include but are not limited to:
- Advertising
- Alcoholic beverages
- Bad debts
- Commencement or convocation costs
- Contingency provisions
- Contributions, donations, remembrances
- Entertainment
- Fines and penalties
- Goods or services for personal use of employees
- Personal use of an institution-furnished vehicle
- Public relations
- Student activity costs
- Travel - first-class
Responsibilities:
It will be the responsibility of the Service Center manager to prepare an annual progress report to the respective vice president. Informational copies of these reports should also be sent to the Vice President for Administration, Controller's Office and the Office of the VP for Finance.
policy
Comprehensive Debt
Official University Administrative Policy
Policy Name:
Comprehensive Debt
Effective Date:
January 1 2008
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
This policy provides a discipline and framework that will be used by leadership management to evaluate the appropriate use of debt in capital financing plans.
Related Information:
Ratios
A. Liquidity Ratios - Measures the availability of funds to cover operating expense/debt should unexpected interruptions in cash flow occur.
- Proforma Unrestricted Net Assets
Proforma Operating Expenses
- Consolidated Unrestricted Net Assets
Consolidated Operating Expenses
- Proforma Expendable Resources
Proforma Operating Expense
- Proforma Unrestricted Net Assets
Proforma Debt
- Consolidated Unrestricted Net Assets
Consolidated Debt
- Proforma Expendable Resources
Proforma Debt
- Proforma Debt
Endowment
B. Ratio of Debt Service to Operations - Measures the availability of funds to cover operating expense/debt should unexpected interruptions in cash flow occur.
- Proforma Peak Debt Service
Proforma Operating Expense
C. Selectivity Ratio / Student Demand - Selectivity and enrollment figures reflect student demand. Lower approval rates are indicative of strong demand.
- Freshman Applications Approved
Total Freshman Applications
- Full-time Equivalent Enrollment
D. Yield Ratio - The Yield Ratio is another indication of student demand. High percentages reflect positively.
- Number Enrolled
Freshman Applications Approved
E. Operating Margin - Measures the result of operations. Consistent positive operating margins combined with strong student demand reflect positively.
- Consolidated Income Before Other Revenue, Expenses, Gains, and Losses
Consolidated Operating Expenses
Prioritizing Capital Projects Requiring Debt
When prioritizing capital projects, management should consider the relationship of the project to the mission and strategic interest of the University. Projects with a defined revenue stream or those with the greatest impact to the experience of students normally will be assigned the highest priority.
Every project considered for financing will have a defined, supportable budget for construction and operating costs. If appropriate, a written plan to fund debt service should be developed and signed by department heads to acknowledge outside funding commitments.
Terms and Structure
Method of Sale - Both negotiated and competitive bond offerings will be considered on a case by case basis.
Tax-Exempt and Taxable - The University's debt will be managed to use tax-exempt debt to the greatest extent possible while recognizing that taxable debt must be used in the case of projects that are ineligible for tax-exempt financing.
Amortization - Bond amortization will never be greater than the useful life of the assets or project being financed. Generally, a capital asset should not be financed for a term greater than 30 years.
Call Provisions - Call features should provide maximum flexibility relative to the cost of the features. Generally, call provisions should be as favorable to the University as the market will allow.
Credit Enhancements - Credit enhancements will be used only when necessary for cost effectiveness and/or marketability. Credit enhancements will only be used when the improved bond rating and corresponding reduction in borrowing costs offset the cost of the enhancement.
Variable Rate Debt
Variable rate debt can be a valuable tool providing leadership the opportunity for a lower cost of capital and increased flexibility in principal amortization. Variable rate debt exposes the University to risk not present under the fixed rate structure.
Risks Include:
- Counterparty Risk - The risk that the party to the swap will not be able to meet all of its financial obligations under the swap.
- Termination Risk - The risk that the swap will be prematurely terminated by the counterparty or that the swap agreement is not coterminous with the related bonds.
- Basis Risk - The risk of a mismatch between the University's receipt (or payment) on a swap and its payment (or receipt).
The University will only enter into a transaction with qualified counterparties who have demonstrated experience in successfully executing similar contracts and who hold at least an "AA" credit rating by two of the nationally recognized credit rating agencies. The swap agreement should include a provision that permits the University to optionally terminate the swap at any time over the term of the agreement.
Credit Rating
The University will maintain ongoing communications and interaction with a minimum of two bond rating agencies, striving to educate the agencies about the general credit structure and financial performance of the University in order to attain the highest credit rating possible.
Refunding
The University will monitor its outstanding debt for refunding and restructuring opportunities. Any refunding should produce a minimum net present value of saving of five percent (5%) based on the refunded bonds, unless the transaction provides relief from overly restrictive covenants, or excessive reserve requirements.
Policy Review
The policy review should take place at least every five years, but may be reviewed at any time the University's credit situation substantially changes.
Policy Reasoning:
The purpose of this policy is to provide general guidance on the strategic use of debt as a funding source. The amount and type of debt incurred impacts the financial health of the University and its credit rating. In a tight fiscal environment, its use should be limited to only those projects that fulfill the mission and strategic objectives of the University. To fulfill its mission to become a preeminent metropolitan research university, the University of Louisville will need to make ongoing capital investments in facilities. These will enhance the educational experience of students and foster the pursuit of knowledge from research and scholarly activity.
Under this policy there are six primary objectives:
- Maintain a debt credit rating sufficiently high to provide the financial flexibility to access capital markets at low borrowing costs. The attainment or maintenance of a specific rating of itself is not an objective of this policy.
- Define quantitative tests that will be used to evaluate the University's overall financial operations and debt capacity.
- Assist in a process for prioritizing capital projects for debt financing with assurance the debt financed project has a viable plan of repayment.
- Consider decisions regarding term and structure of debt issuances.
- Establish guidelines for the issuance of variable rate debt and derivative products to limit risk and achieve the lowest cost of capital.
- Identify criteria used to identify refunding opportunities.
Definitions:
Consolidated Debt - Bonds and notes payable, both current and non-current from the University of Louisville Consolidated Statement of Net Assets, increased by the amount of the proposed bond issuance and decreased by the amount of any refunding.
Consolidated Operating Expenses - Total operating expenses from the University of Louisville Consolidated Statement of Revenues, Expenses and Changes in Net Assets.
Consolidated Unrestricted Net Assets - Unrestricted net assets from the University of Louisville Consolidated Statement of Net Assets.
Endowment - Total University Endowment as reported by the UofL Foundation Inc. financial statements.
Proforma Debt - Consolidated debt as defined herein plus bonds payable from the University of Louisville Foundation Consolidated Statement of Net Assets, increased by the amount of the proposed bond issuance and decreased by the amount of any refunding.
Proforma Expendable Resources - Net assets of the University of Louisville Consolidated and the University of Louisville Foundation Consolidated less invested in capital assets, net assets, nonexpendable net assets, and permanently restricted net assets.
Proforma Operating Expense - Consolidated operating expense as defined herein plus total expense of the University of Louisville Foundation consolidated financial statements.
Proforma Peak Debt Service - The maximum aggregate annual debt service for the University of Louisville and the University of Louisville Foundation and their corporate affiliates.
Proforma Unrestricted Net Assets - Consolidated unrestricted net assets as defined herein plus unrestricted net assets of the University of Louisville Foundation consolidated financial statements.
Responsibilities:
The Vice President for Finance is directly responsible for capital debt management. The Board of Trustees formally approves actions to issue debt from recommendation of the University Leadership Team, with the advice of the Vice President for Finance.
Official University Administrative Policy
Policy Name:
Cellular Mobile Device and Service Plan Policy
Effective Date:
September 1 2018
Policy Number:
PUR 41 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
University of Louisville, University of Louisville Research Foundation, and University of Louisville Foundation will not purchase cellular/mobile devices for employees. University of Louisville Athletics Association may purchase cellular/mobile devices for employees when it is considered necessary in order to comply with NCAA bylaws. Department Heads may approve and pay stipends to eligible employees for cellular telephones, cellular-based wireless communication devices, and cellular service plans based on business need for such equipment and services in the performance of their job duties. Use of funds for such stipends must be in accordance with any applicable rules or restrictions of the particular funding source. Employees receiving a stipend will not be reimbursed by the university for the purchase of personal device equipment nor for any service or other similar fees. Employees at the Assistant/Associate Vice President/Vice Provost (AVP) level (or equivalent) or above are not eligible for a cellular phone or data plan stipend.
ENFORCEMENT
Misuse, fraudulent use of, or fraudulent receipt of a cellular/mobile device or service plan stipend may result in progressive administrative and/or disciplinary action up to and including termination of employment and criminal prosecution. Failure to follow university policies regarding appropriate use of cellular/mobile devices while conducting university business may result in disciplinary action.
Related Information:
STIPEND LEVELS
A) Employees (not including AVP or above):
A stipend may be paid up to $50 per month (exact amount based on supervisor's discretion) to employees who have a need for such devices in the performance of their job duties.
Or
B) Select Groups (admission recruiters, counselors, on-call people, etc.)
A stipend may be paid up to $75 per month (exact amount based on supervisor's discretion) to select groups of employees (admission counselors, recruiters, on call employees, etc.) who must be regularly accessible outside of normal working hours and who have a high level of data usage. A department head must receive written justification and Dean/VP approval to authorize a stipend above $50 per month.
Or
C) Employees who use other computing devices for business purposes (iPad, notebook, etc.)
A stipend may be paid up to $20 per month (exact amount based on supervisor's discretion) to employees who use other computing device data plans for business purposes. This does not pertain to employees who receive a cellular device stipend and who can use their device as a hot spot for iPads and notebooks. Employees may not receive more than one stipend per month for cellular or computing devices ($50 or $20, not both).
UNIVERSITY-OWNED CELLULAR/MOBILE DEVICES AND EQUIPMENT
Employees using university-owned equipment prior to July 1, 2018 with payments made via procurement card directly to the cellular providers:
If no cancellation penalty, an employee has the option to:
- Continue using the existing equipment while employed at the university in the same position, OR
- Obtain a new personal device directly with their preferred provider. If new equipment is obtained, the department should cancel existing device plans and the equipment should be sent to University Surplus for disposal.
If cancellation penalty, an employee will continue using the existing university equipment while employed at the university in the same position until the cancellation period ends.
In all cases, the monthly service shall be transferred to or set up in the employee's name no later than November 1, 2018. The department and employee should work with the cellular provider to move the cellular/mobile device plan into the employee's personal name. The employee is financially responsible for making monthly payments directly to the cellular provider and requesting a stipend via the university payroll system. Departments should no longer use procurement cards for these payments.
Departments, like Physical Plant, University Police, and Parking, who have general use (not assigned to a specific individual) and on-call phones can continue to maintain university-owned devices and make payments directly to the cellular providers monthly via departmental procurement card.
Guidelines
- The stipend will be based on job duties as it relates to cellular/mobile devices.
- The stipend will be paid on a pay period basis via the university's payroll system.
- Employees who are on "Leave Without Pay" employment status will not be paid a stipend, as no business should be conducted during this period.
- Upon termination of employment, stipend payments will cease as of the last day worked and not the last day on payroll (i.e. during vacation and sick leave payout).
Standards for Cell Phone Use
- Business Use - Monthly stipend agreement requires that the personally owned device is available for business access. An employee receiving a stipend must maintain active cell phone service.The employee agrees to be accessible for business use as required by their supervisor.
- Appropriate use - If an employee is receiving a stipend, the employee agrees to use the phone in ways consistent with all applicable local, state and federal laws and in accordance with university policies.
- Use of cell phone while operating a vehicle - Cell phone users must be aware of the state and municipal laws regarding the use of phones while driving. The laws vary widely by location. In addition, use of phones while driving can be a hazardous distraction.
Security
All devices accessing the university's systems and information are subject to university security and technology policies and guidelines. See Information Security Office and Information Technology policies for details.
Privacy
The University of Louisville as a public entity is subject to the Kentucky Open Records Act and may be required to disclose specified records. Employees receiving a stipend will be subject to the production or examination of university business records stored on their personal devices under the Kentucky Open Records Act, to the extent required by law. Additionally, any personal cellular/mobile devices used for business-related activities may be subject to examination, including in the context of litigation, criminal investigation, or pursuant to a court order, as may be required by law. The university encourages its employees to avoid using personal cellular/mobile devices to create and store university business records. Additionally, employees should not use their personal cellular/mobile devices to avoid the disclosure requirements of the Kentucky Open Records Act.
Retention
The department should maintain Cellular/Mobile Device Stipend Request Forms in electronic form for three years (from the date of the form) and presented upon audit if requested.
Policy Reasoning:
Cellular telephones and cellular-based wireless communications devices can be an effective resource for employees in the performance of their job duties. For employees who spend considerable time outside of their assigned office area, or who must be accessible outside of scheduled or normal work hours, a cellular or mobile device can be a significant benefit.
The preferred method of payment for business-related cellular devices is a stipend paid to the employee via the university's payroll system per pay period. The stipend is intended to reimburse the employee for the business use of the device. The stipend is not intended to fund the cost of the device nor pay for the entire monthly bill.
Responsibilities:
Employee Responsibilities
- The employee is responsible for notifying the department head in a timely manner if personal cellular service is discontinued.
- The employee is responsible for purchasing cellular phone service and equipment and assumes the responsibility for vendor terms and conditions.
- The employee is responsible for cellular phone plan choices, service levels, calling areas, service and phone features (including security measures), termination clauses, and payment terms and penalties.
- The employee is responsible for the purchase, loss, damage, insurance, and/or replacement of cellular/mobile device equipment.
Supervisor and Department Head Responsibilities
- The supervisor is responsible for conducting a yearly review in May of the business need for a cellular/mobile device stipend.
- The department head is responsible for annual review and approval of the stipend.
- The department head is responsible for maintaining an inventory of all university owned cellular/mobile device equipment in use by the department and employees. The department head shall report the inventory to the Inventory Control Office annually.
Please direct questions related to existing university owned cellular/mobile devices or the acquisition of such devices to Procurement Services at 502-852-8223 and questions related to the stipend/allowance to the Controller's Office at 502-852-7072.
policy
Contracts
Official University Administrative Policy
Policy Name:
Contracts
Policy Number:
PUR 22 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
It is the requirement of the Department of Procurement Services to purchase from contract vendors when products qualify and prices are consistent with the specifications supplied by the ordering department.
University Departments are required to use contracts when ordering goods and services.
Related Information:
As a state agency, the University may use the contracts established by the Commonwealth of Kentucky, Kentucky Educational Purchasing Cooperative, GSA, other State Universities, Green City Cooperative, and/or the University may establish their own contracts.
Contracts are awarded as a result of bids or negotiations.
Policy Reasoning:
Contracts are established to obtain competitive prices and prompt delivery of products used frequently. Purchasing from established contracts eliminates the need to solicit bids or quotations.
Responsibilities:
It is the responsibility of the end user to verify that established contracts are utilized for departmental purchases.
Official University Administrative Policy
Policy Name:
Credit Card PCI Merchants
Effective Date:
February 1 2010
Policy Applicability:
This policy applies to all University employees administrators faculty and staff contractors and agents
Policy Statement:
The following policy supplements the University's Information Security policies and supports and provides guidance for compliance with the PCI Security Standards Council standards.
All University of Louisville departments that accept credit cards must become and remain PCI DSS compliant. Departments that accept credit cards are responsible for ensuring all credit card information is received and maintained in a secure manner in accordance with University policy and the payment card industry standards. Individual departments will be held accountable if monetary sanctions and/or card acceptance restrictions are imposed as a result of a breach in PCI compliance.
Any department accepting credit card payments on behalf of the University for gifts, goods, or services, (the "merchant"), shall be responsible for adhering to the standards identified within this policy.
Failure to comply may result in disciplinary actions for any involved employee (in accordance with Human Resources Policies and Procedures), termination of a contract with a contractor or agent, loss of a department's credit card acceptance privileges, and recognizes that the financial liability, including fines and penalties for a breach, is accepted by the merchant should a breach occur due to negligence of the department to adhere to the University's policies and procedures for credit card merchants.
Policy Reasoning:
Due to growing consumer concerns over compromised credit card data, the five major credit card brands (American Express, Discover Financial Services, JCB International, MasterCard Worldwide, and Visa) joined forces to establish a security program for merchants called the Payment Card Industry Data Security Standards (PCI DSS). PCI DSS is a compliance initiative that dictates security standards for merchants and service providers for the safe handling of credit card information. As a merchant, the University of Louisville has an obligation to protect payment card data. All departments (department(s) refers to College, School, Division, (CSD) throughout document) accepting credit cards, including debit and stored value displaying brand logos, must be familiar with the risks, fees, security requirements and responsibilities involved with being a merchant. The card industry may refuse to allow a department or the University as a whole, to process credit cards and/or levy hefty fees and fines for noncompliance.
To ensure that credit card activities are consistent, efficient and secure, the University has adopted this policy and supporting procedures for all types of credit card activity transacted, whether in-person, over the phone, via fax, mail or the Internet. This policy provides guidance so that credit card acceptance complies with Payment Card Industry Data Security Standards (PCI DSS).
policy
Ethics in Purchasing
Official University Administrative Policy
Policy Name:
Ethics in Purchasing
Policy Number:
PUR 2 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
Purchasers of goods and services for University of Louisville shall not take, receive, or offer to take or receive (directly or indirectly) any rebate, percentage of contract, money (or other things of value) as an inducement (or intended inducement) from any vendor bidding for University purchase contract(s) or otherwise seeking to make a sale to the University.
Related Information:
CODE OF ETHICS
Purchasing professionals must have a highly developed sense of professional ethics to protect their own and their institution's reputation for fair dealing.
- Give first consideration to the objectives and policies of my institution.
- Strive to obtain the maximum value for each dollar of expenditure.
- Decline personal gifts or gratuities.
- Grant all competitive suppliers equal consideration insofar as state or federal statute and institutional policy permit.
- Conduct business with potential and current suppliers in an atmosphere of good faith, devoid of intentional misrepresentation.
- Demand honesty in sales representation whether offered through the medium of a verbal or written statement, an advertisement, or a sample of the product.
- Receive consent of originator of proprietary ideas and designs before using them for competitive purchasing purposes.
- Make every reasonable effort to negotiate an equitable and mutually agreeable settlement of any controversy with a supplier; and/or be willing to submit any major controversies to arbitration or other third-party review, insofar as the established policies of my institution permit.
- Accord a prompt and courteous reception insofar as conditions permit to all who call on legitimate business missions.
- Cooperate with trade, industrial and professional associations, and with governmental and private agencies for the purposes of promoting and developing sound business methods.
- Foster fair, ethical and legal trade practices.
- Counsel and cooperate with NAEP Members and promote a spirit of unity and a keen interest in professional growth among them.
- Members are also encouraged to participate in continuing open discussions of ethical principles with their colleagues and with others.
Policy Reasoning:
The University holds itself and community members to the standards of conduct outlined in the Code of Conduct. All employees are expected to adhere to University Policies, including, but not limited to the Conflict of Interest Policies. In addition, the Procurement Services adheres to the National Association of Educational Procurement (NAEP) Code of Ethics listed below.
Official University Administrative Policy
Policy Name:
Recycled Material Content
Policy Number:
PUR 10 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
As Applicable, the University shall, when purchasing goods, supplies, equipment, materials, and printing, require a minimum recycled material content for these goods, supplies, equipment, materials and printing. For example, all paper, paper products, and office supplies made of paper must contain a minimum recycled content of 50% recovered material and 10% post-consumer waste. Vendors will be required to complete and sign a certification of recycled material form.
Projects
The University shall require that every project financed fifty percent (50%) or more by bonds issued be undertaken with goods, supplies, equipment, materials, and printing which meet the requirements for recycled material content.
Vendors
Procurement Services shall inform all vendors offering goods, supplies, equipment, materials and printing of the requirements for recycled material content.
Related Information:
A complete list of all items and their recycled material content requirements is available under the Kentucky Administrative Regulations. The recycled material content shall be established by administration regulations and at a minimum shall be equal to the recycled material content established by the United States Environmental Protection Agency.
Policy Reasoning:
As stipulated by KRS Law (45A.520, 45A.525, 45A.530), the University shall be required to institute policies and practices to stimulate the availability and use of recycled material content products which will educate the University campus about the value of recycling as a component of waste management.
Official University Administrative Policy
Policy Name:
Hazard Communication and GHS Employee Right to Understand
Policy Applicability:
This policy applies to individuals working in non laboratory workplaces clinics and clinical laboratories where hazardous chemicals are used
Policy Statement:
The University Program requires all covered work units to complete a Unit-Specific Hazard Communication Plan (PDF) template which details how the unit will comply with OSHA requirements for major program elements, such as:
- Chemical inventory.
- Safety Data Sheets.
- Labeling of secondary containers of chemicals.
- Training of employees exposed to hazardous chemicals.
- Provisions for non-routine tasks and emergencies.
- Working with contractors.
- Recordkeeping.
DEHS provides general Hazard Communication Training while the supervisor must provide training specific to the chemicals and procedures used at the work site.
For further information or assistance regarding the Hazard Communication Program, contact the DEHS Industrial Hygienist, or call 502-852-6670.
Related Information:
Official University Administrative Policy
Policy Name:
Student Pregnancy Accommodation Policy
Effective Date:
August 13 2019
Policy Applicability:
This policy covers student pregnancy in all aspects of UofL s programs and activities UofL employees and students are responsible for complying with this policy
Policy Statement:
(1) Non-discrimination and reasonable accommodation of students affected by pregnancy, childbirth, or related conditions
a. The benefits and services provided to students affected by pregnancy shall be no less than those provided to UofL students with temporary medical conditions.
b. Pregnancy in and of itself is not considered a disability; however, some conditions arising from pregnancy (e.g., hypertensive preeclampsia, gestational diabetes) may constitute disabilities that necessitate reasonable academic, and/or extracurricular accommodations. Students with pregnancy-related disabilities, like any other student with a disability, are entitled to academic adjustments or auxiliary aids and services in accordance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) and may seek assistance from the Disability Resource Center (DRC) in that regard.
c. While accommodations should be provided in as timely a manner as possible, UofL recognizes that pregnancy and its attendant consequences, including pregnancy-related disabilities, are not fully predictable. Thus, UofL will work diligently to accommodate pregnancy-related accommodations requests as they arise.
d. Reasonable accommodations can include, but are not necessarily limited to:
- Accommodations requested by the pregnant student to protect the health and safety of the student and/or the pregnancy (such as allowing the student to maintain a safe distance from hazardous substances).
- Modifications to the physical environment (such as accessible seating).
- Extending deadlines and/or allowing the student to make up tests or assignments missed for pregnancy-related absences.
- Providing remote learning options, where such options do not fundamentally alter the course or academic program in question and can be provided without undue financial or administrative burden to the university.
- Modified academic responsibilities in light of pregnancy and related health concerns.
a. Students with new parenting responsibilities who wish to remain engaged in their coursework while adjusting their academic responsibilities because of the birth of their child may request reasonable academic modifications appropriate to their circumstances through an interactive process involving their academic advisors and/or faculty, as appropriate, to determine which academic responsibilities on the students' will be modified or ongoing. Students should initiate this process through the Dean of Students (DOS) office (SAC-W301, 502-852-5787, advocate@louisville.edu). Students will work with their advisors and/or professors and/or DOS staff to reschedule course assignments, lab hours, examinations, or other requirements and/or to reduce the student's overall course load, as appropriate.
b. During a modification period, the student's academic obligations may be adjusted or other accommodations afforded as necessary to avoid discrimination based on the student's sex.
c. A student can request modified academic responsibilities under this section regardless of whether the student elects to take leave, to the extent needed to reasonably accommodate the pregnancy, complications arising from the pregnancy, and/or recent birth of a child.
d. While receiving academic modifications, the student will remain registered and retain benefits accordingly. Students are nonetheless responsible for fulfilling all applicable academic requirements consistent with the modifications provided. Academic modifications, including but not necessarily limited to excusing medically necessary absences, modifying due dates for coursework, and/or provision of coursework in an alternate format (e.g., online, webinar).
(2) Academic Leave of Absence
a. Faculty, staff, or other employees shall not require a student to take a leave of absence, or withdraw from or limit their studies due to pregnancy, childbirth, or related conditions, though such leave may under appropriate circumstances be offered as an accommodation as described herein.
b. Duration of leave
Pursuant to Title IX, UofL shall treat pregnancy and related conditions as a justification for a leave of absence for as long a period of time as is deemed medically necessary by a student's physician. The leave term may be extended in the case of extenuating circumstances or if medically necessary due to the health of the student or recently birthed child.
c. An undergraduate student taking a leave of absence under this policy shall provide notice to the Dean of Students (DOS) Office of the student's intent to take leave as soon as practicable after learning of the need for such leave. DOS will assist the student as appropriate in requesting a leave of absence, including but not limited to communicating with the appropriate unit(s) regarding the student's rights and obligations related to the student's taking leave from a program of study. Students should first communicate a request for a leave of absence to the Student Advocate in DOS/Student Affairs at 502-852-5787, or advocate@louisville.edu.
Graduate or professional students taking a leave of absence under this policy shall communicate their wishes in that regard to their director of graduate studies or the student affairs department of their respective graduate or professional schools. Such students may, if desired, communicate with DOS for assistance in connecting with the appropriate student affairs personnel in their schools.
d. Intermittent leave may be taken with the advance approval of the student's academic unit, or when medically necessary due to the student's or recently birthed child's health condition, to account for unforeseen changes in the student's health status.
e. Upon returning from leave, students taking leave under this policy will be reinstated to their academic program(s) in the same academic status as when the leave began. It should be emphasized that, depending on the nature of the program in which the student returning from leave is enrolled, particularly for programs that require a specific slate of courses to be taken in a sequence, the student may be required to resume their studies at the next offering of any course(s) that comes next in the curricular sequence relative to the student's current academic standing, unless other reasonable accommodations may exist; whether they exist in a given case will be determined on a case-by-case basis in light of the specific circumstances of that case through the interactive process referenced at subsection (c).
f. Continuation of the student's scholarship, fellowship, or similar university-sponsored funding during the leave term may depend on the student's registration status and the policies of the funding program regarding registration status.
(3) Retaliation and Harassment
a. Harassment by any member of the UofL community based on sex, including pregnancy or parental status, is prohibited; violations of this prohibition will subject offenders to discipline consistent with UofL's policies applicable to the conduct of students, faculty and staff and UofL's non-discrimination policies.
b. Faculty, staff, and other UofL employees are prohibited from interfering with students' taking leave, seeking reasonable accommodation, or otherwise exercising their rights under this Policy. Faculty, staff, and other UofL employees are prohibited from retaliating against or harassing a student for exercising the rights articulated by this Policy, including imposing or threatening to impose negative educational outcomes because a student requests leave or accommodation, files a complaint, or otherwise exercises their rights under the Policy.
(4) Dissemination of the Policy
A copy of this Policy shall be provided to faculty, staff, and employees through, at a minimum, an annual university-wide notification, and shall be posted on the UofL Title IX Coordinator's website, as well as the HR and Faculty Affairs websites, in the Student Handbook, and on the UofL online policy library.
(5) Compliance
a. Reporting: Any member of the UofL community may report a violation of this Policy to any person defined as a "responsible employee" pursuant to UofL's Title IX policies. Responsible employees must promptly forward such reports to UofL's Title IX Coordinator or a deputy Title IX Coordinator. See https://louisville.edu/titleix for further details.
b. Students who believe their rights under this Policy have been violated by a UofL employee may initiate a complaint of discrimination through UofL's Department of Human Resources. Students wishing to avail themselves of this process should contact:
Donna Ernst, Deputy Title IX Coordinator (for complaints against employees)
Assistant Director, Employee Relations
215 Central Avenue, Suite 205
Louisville, KY 40208
Phone: 502-852-6538
Email: donna.ernst@louisville.edu
c. Students who believe their rights under this Policy have been violated by the conduct of a student or students (for instance, in the case of harassment of a pregnant student by other students, on the basis of the pregnancy) should contact:
Dr. Angela Taylor, Deputy Title IX Coordinator (for complaints against students)
Associate Vice President for Student Affairs and Assistant Dean of Students
SAC-W301
2100 S. Floyd Street
Louisville, KY 40208
Phone: 502-852-5787
Email: dos@louisville.edu
Policy Reasoning:
The University of Louisville (UofL) is committed to creating and maintaining a community where all individuals enjoy freedom from discrimination, including discrimination on the basis of sex, as mandated by Title IX of the Education Amendments of 1972. Sex discrimination, which includes discrimination based on pregnancy, is prohibited and illegal in all programs and activities offered by UofL. UofL hereby establishes a policy and related procedures for ensuring the protection and equal treatment of pregnant students and students with pregnancy-related health conditions.
Definitions:
a. "Medical necessity" is a determination made by a health care provider of a student's choosing.
b. "Pregnancy and pregnancy-related conditions" includes (but is not limited to) pregnancy, false pregnancy, childbirth, termination of pregnancy, conditions arising in connection with pregnancy, and recovery from any of these conditions, in accordance with federal law.
c. "Pregnancy discrimination" includes treating a student affected by pregnancy or a pregnancy-related condition less favorably than similarly situated individuals not so affected, in addition to any failure to provide required pregnancy-related leave or accommodations.
d. "Pregnant student/Birth-parent" refers to the student who is or was pregnant, as well as any parent, regardless of sex, who is a full-time caregiver for the expected or recently-birthed child(ren) in question.
e. "Reasonable accommodations" for the purposes of this policy are changes in the academic environment or typical operations that enable pregnant students, students with pregnancy-related conditions, and students who have recently become parents to continue to pursue their studies and enjoy equal benefits of the university. Accommodations that fundamentally alter the nature of a university program, or activity (including but not limited to a student's program of study), or that impose an undue financial or administrative burden on the university are not considered reasonable.
policy
Sponsored Accounts
Official University Administrative Policy
Policy Name:
Sponsored Accounts
Effective Date:
February 14 2011
Policy Number:
ISO 020 v2 0
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
Sponsored accounts are only available for individuals that are not employed by the University but have a valid business or academic relationship requiring account(s) and/or access.
The Acceptable Use Policy serves as the foundation for this policy and addresses issues related to confidentiality, intellectual property, privacy, and disclosure.
Policy Reasoning:
The purpose of the sponsored account policy is to ensure that Sponsored accounts are only available to individuals that are not employed by the University of Louisville but have a valid business or academic relationship that requires the account(s) and/or access.
Responsibilities:
Policy Authority/Enforcement: Enterprise Information Technology Management is responsible for the development, publication, modification and oversight of this policy and standards. Information Technology works in conjunction with University Leadership, Information Security, Audit Services and others for development, monitoring and enforcement of this policy and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
Workstation and Computing Devices
Effective Date:
July 23 2007
Policy Number:
ISO 012 v2 1
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
All computing devices shall:
- If connected to the university network and capable of running active directory, [1] be a part of the university's Active Directory domain, to ensure password synchronization with central authentication services and to facilitate updating of security controls and enterprise software;
- Be maintained in an environment and manner so that access is reasonably restricted to authorized users only;
- Be used in a prudent manner so that data, system and network integrity is maintained to the highest degree reasonably possible; and
- Have operating systems and other software maintained in the most up-to-date and secure manner reasonably possible.
[1] Macintosh computers are capable of using Active Directory but are limited to authentication services only. Mobile devices, such as iPads, utilize synching software to connect to the university network and therefore, are exempt from the Active Directory requirement.
Note 1: All computing devices (including personal and mobile) used within the University that contain or transmit sensitive information or that attach to the university network are covered by this policy.
Note 2: If the standard is not technically possible for the specific computing device then a security exception should be filed, and mitigating controls should be employed. Non-AD connected devices should utilize automatic update processes to ensure updating of system and software security protections.
Policy Reasoning:
To ensure implementation of computing device controls (university and personal owned) in order to protect the confidentiality, integrity and availability of University data.
Definitions:
Computing Devices
Includes but is not limited to workstations, desktop computers, notebook computers, tablet computers, network enabled printers, scanners and multi-function devices, PDAs, email/messaging devices and cell phones, all hereafter referred to as "computing devices".
ePHI
Electronic Protected Health Information - Health information maintained or transmitted in an electronic format that:
1. Identifies or could be used to identify an individual;
2. Is created or received by a healthcare provider, health plan, employer or healthcare clearinghouse; and
3. Relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of healthcare to an individual.
Sensitive Information
Information of a confidential or proprietary nature and other information that would not be routinely published for unrestricted public access or where disclosure is prohibited by laws, regulations, contractual agreements or University policy. This includes (but is not limited to) full name or first initial and last name and employee ID (in combination), identifiable medical and health records, grades and other enrollment information, credit card, bank account and other personal financial information, social security numbers, grant reviews, dates of birth (when combined with name, address and/or phone numbers), user IDs when combined with a password, etc. Sensitive information does not include personal information of a particular individual which that individual elects to reveal (such as via opt-in or opt-out mechanisms) (see Information Management and Classification Standard).
Responsibilities:
The Dean of each school or Administrative Department Head is responsible for implementation of these security policies and standards, including methods to: (a) Educate the school or department users on computing device security practices. (b) Configure and maintain the school or department computing devices to meet these computing device security standards.
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
Ethical Conduct and Reporting of Research
Effective Date:
March 21 1995
Policy Number:
RES 5 02
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
Standards for Designing and Conducting Research
Guidelines. Research should be undertaken only when it offers the opportunity to advance knowledge. The undertaking of "trivial" studies primarily for the purpose of yielding numerous and rapid scholarly results should be discouraged in favor of more substantial studies that yield fewer, but more important, scholarly results.
Deciding when to terminate the collection of information for a Research project should be explicitly decided as part of the Research plan. This decision may help to avoid the appearance that information was collected only up to the point that preconceived expectations were met. For large Research projects, it is crucial that supervisors ensure that every member of the project adhere to ethical standards. Research directors (and even department and unit heads) often share responsibilities with the investigators of record for the ethical conduct to Research.
For Empirical Research projects, the retention of primary data, data analyses, and information leading to the results of the Empirical Research presents an additional set of issues. In many cases of alleged academic and scientific misconduct, a common concern is the absence of a complete set of verifiable data. The retention of accurate records easily retrieved is of utmost importance for the progress of scholarly and scientific inquiry. Errors within records and missing records may be mistaken for misconduct.
Statistics used in the conduct of Research should be appropriate to the study.
Basic Standards
- Research projects must be designed and conducted with honesty and integrity.
- The design of a Research Project must include appropriate safeguards against subjective bias.
- When one or more faculty directs a Research project that involves other investigators, the director or directors must take steps to ensure that everyone involved complies with the provisions of this policy. In most cases, the director(s) should provide detailed written procedures for data gathering, storage, and analysis.
Standards Governing Data Gathering, Storage, and Retention
- Original data must be recorded, preserved, and made accessible to the University. Data is defined as information that is generated in or, as a result of empirical research activities and recorded in any tangible or electronic medium, including without limitation laboratory notebooks and worksheets, memoranda, notes, clinical protocols, computer databases, computer images, and all other records. Please review RES-1.01 - Ownership of Data.
- Any applicable granting agency requirements governing the preservation of data must be followed; however, it may be necessary to preserve data for a longer period. For joint Research involving two or more laboratories, the principal investigators involved in the project shall meet and agree which of them is to maintain the data. The Investigator shall make the data available for a reasonable period of time.
Standards for Publication of Research
Guidelines. Although there is some disagreement about the particulars, certain publication practices are widely regarded as unethical. One of the leading antecedents for unethical behavior is the pressure to publish. Early career investigators in particular, but not exclusively, may yield to this pressure as a result of the tendency for promotion, tenure, and grant committees to count numbers of publications rather than to assess their quality. Some assume that publication in these peer-reviewed journals perceived as "prestigious" automatically satisfies the requirement for quality. Journal editors and referees, on the other hand, are admittedly often not in the best position to detect deceptive and careless research and reporting practices that could adversely affect the perceived quality of a paper. Some of the most celebrated cases of scientific fraud have involved hundreds of publications in "prestigious" journals many of which were subsequently proved to be fraudulent. Practically all of this fraudulent activity was ultimately detected, however, not by the journals, but either by the institutions of origin or by other scientists interested in the research.
The tendency toward counting publications rather than attempting to judge their quality sends messages to investigators that encourage haste and shortcuts, which are obviously counterproductive to the emergence of good science or good scholarship. Certain practices that make it difficult for reviewer and reader to follow a complete experimental sequence are: the rapid publication of data without adequate tests of reproducibility or assessment of significance, the publication of fragments of a study, and the submission of multiple manuscripts differing only slightly in content. The practice of submitting multiple similar abstracts should also be considered although it should be noted that abstracts are not given the same consideration as peer-reviewed manuscripts. In such circumstances, if any of the work is questioned, it is difficult to determine whether the research was done inaccurately, the methods were described imperfectly, the statistical analyses were flawed, or inappropriate conclusions were drawn. Investigators should review each proposed manuscript with these principles in mind.
The decision as to how many papers are warranted by a study should be based not upon how many papers can be added to a bibliography, but upon an objective evaluation of how science or scholarship is best served. Infractions of this principle, often considered to result from pressure to publish, are examples of "Wasteful Publication". Perpetrators of the above practices have often succeeded without detection by submitting papers to different journals at about the same time. The investigator should not decide to spread the results out over multiple publications merely, or even primarily, to "pad" his or her vitae or bibliography. The issue of authorship involves certain unique ethical considerations, and this Policy has accordingly dealt with that issue in a separate subsection. In general, authorship and order of authorship should be tentatively decided before the paper is written, and reconsidered as necessary. Authorship should reflect only substantive contributions to the work. Each author should have participated sufficiently in the research to be able to take public responsibility for, and to defend, the content of the paper that falls within his or her specialty area.
Basic Standards
Under no circumstances shall a person publishing material related to Research engage in:
- Plagiarism;
- Fabrication of data; or
- Falsification of data.
All claims and conclusions made in connection with publishing Empirical Research shall be supportable by the data.
- An investigator shall not publish the same results, or results that represent only an insignificant modification of an original publication, in more than one written publication without acknowledging the earlier publication or publications. The prior sentence will not apply to abstracts and grant applications, unless an acknowledgment is required by the granting party.
- An investigator must often determine whether the results of a given Research project should be published in one publication or divided into multiple publications. In making that choice, the investigator shall make an honest evaluation, from the point of view of others in the discipline, of how the results can be presented most effectively.
Standards Governing Authorship
- Only people who have made a significant, substantive contribution to a publication shall be named as author. Without limiting the foregoing, the following relationships do not, in themselves, warrant authorship:
- Financial and/or material support;
- Routine technical assistance;
- Collection of data; and
- Furnishing research space.
- Order of authorship for a publication shall be determined in accordance with the standard prevailing in the academic discipline, if any.
- Notwithstanding subsection 2, with respect to a student dissertation that fulfills the degree requirements, the degree candidate shall always receive first authorship. If the candidate completes all obligations except for preparing a manuscript, decisions regarding authorship of any ensuing publication shall be made after consultation with co-authors, the candidate's committee, and the Department Chair.
- In the case of multiple authorship, each co-author will share collective responsibility for the entire publication.
- Financial and/or material support;
- Routine technical assistance;
- Collection of data; and
- Furnishing research space.
University and Other Policies
All research shall be designed, conducted, and reported in full accordance with all other policies of the University of Louisville and granting agencies that may apply, including the Conflict of Interest Policy, Intellectual Property Policy, polices dealing with the protection and welfare of human and animal subjects, and the Policy Statements on Sponsored Programs. These and other University of Louisville policies are accessible at: https://louisville.edu/research/researchers/policies.
Related Information:
Each academic unit may enact ethical rules for that unit that are stricter than the provisions of this policy. In relation to Joint Research, stricter unit rules shall supersede the provisions of this policy for research that is conducted within that unit.
If faculty from two or more units engage in a joint research project, the provisions of this Policy will ordinarily govern in lieu of individual unit rules. However, if all of the involved units have adopted effectively the same stricter rules regarding a particular type of conduct, these stricter rules will supersede the provisions of this policy.
Policy Reasoning:
The purpose of this document is to establish a basic standard of honesty for all Research conducted, and all grant proposals submitted, by or under the supervision of faculty of the University of Louisville, except as follows:
- The Guidelines included in the policy statement are recommendations, not binding rules; and
- All language that is shaded applies only to Empirical Research, as that term is defined in this document.
Definitions:
Research means all scholarship, creative activity, program evaluation, and other research, including without limitation, Empirical Research.
Empirical Research means Research that is designed to generate knowledge of objectively measurable phenomena.
Publication (and publishing when used as a verb) includes any presentation of information to a person not involved in the Research, regardless of whether such presentation occurs in writing, orally, or in electronic format. Without limiting the foregoing, publishing includes published books and articles, speeches, interviews, and grant applications.
Research Misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Research misconduct does not include honest error or differences of opinion.
Plagiarism is the appropriation of another person's ideas, processes, results, or words without giving appropriate credit. Plagiarism also means the substantial unattributed copying of another's ideas, processes, results, or words. Substantial unattributed copying of another's ideas, processes, results, or words means the unattributed verbatim or nearly verbatim copying of sentences and paragraphs, style or structure which materially mislead the audience regarding the contributions of the author. Plagiarism does not include authorship or credit disputes, including those among former collaborators who have gone their separate ways but may make use of commonly developed concepts, methods, descriptive language, or other products of the former joint effort.
Fabrication is making up data or results and recording or reporting them.
Falsification is manipulating research materials, equipment, or processes, or changing or omitting data or results such that the research is not accurately represented in the research record.
Research record means the record of data or results that embody the facts resulting from scientific inquiry, including but not limited to, research proposals; grant or contract applications, whether funded or not; grant or contract progress and other reports; laboratory notebooks; notes; correspondence; videos; photographs; X-ray film; slides; biological materials; computer files and printouts; manuscripts and publications; equipment use logs; laboratory records both physical and electronic; laboratory procurement records; animal facility records; human and animal subject protocols; consent forms; medical charts; patient research files; abstracts, theses, oral presentations, internal reports, and journal articles, and any documents and materials provided to HHS or an institutional official by a respondent in the course of the research misconduct proceeding. The record of data or results may be any data, document, computer file, computer diskette, or any other written or non-written account or object that reasonably may be expected to provide evidence or information regarding the proposed, conducted, or reported research that constitutes the subject of an allegation of scientific misconduct.
Official University Administrative Policy
Policy Name:
Proposal Clearance Requirement
Effective Date:
December 1 1994
Policy Number:
RES 1 03
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
- All grants or contracts requesting extramural funding* by Full or Part-Time faculty, staff and students of UofL that represent academic responsibilities** of any of the individuals listed as Applicants, and regardless of performance site, must be cleared by Research Administration. In all cases, unless specific exception is made, the contracting party will be the University of Louisville Research Foundation. The appropriate on- or off-campus F&A (a.k.a. indirect cost) cost rate will be applied to all proposals.
- Proposals for work determined by Research Administration to be unrelated to UofL academic duties generally will not be reviewed by authorized University committees without special arrangement. Work accomplished under such projects will not be included in any UofL official reports or evaluations and may not carry the UofL imprimatur or use of the name of the University or any of its related entities in any way.
* Extramural funding includes funds from all sources, private or public, other than UofL, including affiliated institutions and their associated foundations, with the exception of funds processed through the Office Development and Alumni.
** Academic responsibilities is defined as all activities, including teaching, service and scholarship, that comprise the investigators activities as a member of the faculty of the University or that are used in evaluations for retention, promotion or tenure.
policy
Appeals
Official University Administrative Policy
Policy Name:
Appeals
Effective Date:
May 1 1992
Policy Number:
PER 5 04
Policy Applicability:
This policy applies to University staff
Policy Statement:
A regular status employee may appeal a permanent reduction in salary, demotion in grade, or termination.
STAFF GRIEVANCE OFFICER
The Staff Grievance Officer is available to consult with staff members in each step of the appeal process, including the initial formulation of the written notice of appeal. The Staff Grievance Officer may work closely with staff members, departments, and the Human Resources Department to seek equitable resolutions of all appeals. The Staff Grievance Officer may serve as a personal advisor for the employee during an appeal process (if requested by the employee), but may not serve as an advocate on behalf of the employee. [Consistent with proposed Grievance Policy and contingent on Red Book revision.]
STANDARD FOR REVIEW
An appealable action may be reversed on appeal for only two reasons: (1) there was no reasonable basis for the university action; or (2) there was a substantial departure from university procedures which prejudiced the employee against whom the action was taken.
Note: As provided at PER-4.16 "A staff member adversely affected by a RIF may appeal the action through the Appeal process only if the staff member believes that the action was based on inconsistent or improper application of the Reduction in Force Policy or Procedure."
policy
Appointment Rates
Official University Administrative Policy
Policy Name:
Appointment Rates
Effective Date:
May 1 1992
Policy Number:
PER 3 03
Policy Applicability:
This policy applies to University Administrators and Staff
Policy Statement:
A staff employee will be appointed at a rate within the pay range assigned to the position. The Human Resources Department may recommend starting salaries to the midpoint of the established pay range for each internal or external job applicant based upon the candidate's training, education, experience, and internal equity. After consultation with the appropriate dean or unit head, the Vice President for Human Resources will be responsible for final approval of appointment rates above the midpoint of the pay range.
An administrator will be appointed at a rate based on market data and internal equity, and must be approved by the Board of Trustees.
Where unusual market conditions exist for a particular position, the Vice President for Human Resources may establish an appointment rate exception so that the university can recruit and retain top talent.
A former employee with a satisfactory employment history who is reemployed in the same classification within six months of the date of his or her separation may be reemployed at the same rate in effect at the time of separation.
Definitions:
Official University Administrative Policy
Policy Name:
Driver s Alcohol and Controlled Substance Testing
Effective Date:
May 14 1996
Policy Number:
PER 1 20
Policy Applicability:
This policy applies to University Faculty and Staff
Policy Statement:
It is the policy of the university to administer complete commercial driver's license (CDL) physical examinations and alcohol and controlled substance testing for all employees whose job duties require a commercial driver's license (CDL) and/or the transporting of hazardous materials.
This policy is applicable to all university faculty and staff whose job duties require a commercial driver's licenses and/or the transporting of hazardous materials. All covered employees will be provided with a written notice of the availability of information regarding the Omnibus Transportation Act, its testing requirements, and a copy of this policy, which provides for compliance with the federal requirements.
Nothing in this policy lessens the university's ability to discipline in accordance with the university's disciplinary policies. The minimum sanctions in this policy and federal law shall not lessen the university's ability to impose greater sanctions, up to and including termination under Staff Personnel Policy and Procedures Section PER 4.14 Separations, PER 1.15: Drug Free Workplace and Drug-Free Schools Notice.
The University of Louisville expressly reserves the right at any time to modify, alter, or amend this policy in whole or in part. The University shall have the unlimited right to amend this policy at any time, retroactively or otherwise, in such respect and to such extent as may be necessary to meet any legal requirement and to the extent as necessary to accomplish this purpose. The President or his designee is hereby granted authority to issue interpretations and clarify rules under this policy and to coordinate it with or modify other rules of the university as required from time to time for compliance with the law.
Related Information:
Required Testing
Any covered employee shall be tested for alcohol and controlled substances in accordance with the following:
1. Pre-Employment Testing
Prior to the first time the covered employee performs safety- sensitive functions for the university, he or she will undergo testing for controlled substances. The controlled substances test must be verified by a medical review officer indicating a negative test result. Pre-employment testing for substance abuse is not required:
- When the covered employee has participated in a drug testing program within the previous 30 days (49 CFR 382.301 (c) (1)).
- While participating in a prior drug testing program and was tested for controlled substances within the past 6 months (from date of application with the employer) or participated in a random controlled substances testing program for the previous 12 months (from the date of application with the employer). (49 CFR 382.301 (c) (2) (i), (ii)).
- If the University ensures that no prior employer has knowledge or records of a violation of the regulations or the controlled substances, use rule of another U.S. DOT agency within the previous 6 months (49 CFR 382.301 (c) (3)).
2. Post-Accident Testing
As soon as practicable following an accident, the university must test each surviving covered employee for alcohol and controlled substance if:
- The covered employee was performing a safety sensitive function with respect to the vehicle and the accident involved the loss of human life; or
- The employee receives a citation under state or local law for a moving traffic violation arising out of the accident; (49 CFR 382.303).
- If a required post-accident alcohol test is not administered within two hours following the accident, the University must submit a report to the U.S. DOT stating why the test was not promptly administered. In the event a post-accident alcohol test is not administered within eight hours following an accident, attempts to administer the test must cease. The U.S. DOT report must contain an explanation of the events that resulted in the failure to administer the test.
3. Random Testing
Under the random testing requirements, the university must randomly select covered employees at various times for alcohol and substance abuse testing. The selection process is based on a scientifically valid method. A minimum of twenty five percent (25%) per year of all covered employees will be tested for alcohol use. A minimum of fifty percent (50%) per year of all covered employees will be tested for substance abuse.
Note: Covered employees may only be tested for alcohol misuse while performing safety-sensitive functions; immediately before performing a safety-sensitive function; or immediately after he or she has ceased performing a safety-sensitive function 49 CFR 382.305 (1).
Any employee identified for alcohol and substance abuse testing will be advised where and when to report. Usually, testing shall be conducted during an employee's normal hours. Random testing dates and times shall be unannounced; (49 CFR 382.305).
4. Reasonable Suspicion Testing
If an appropriate university official determines a reasonable suspicion exists that a covered employee has violated the rules for alcohol misuse or controlled substances use, the employee shall be required to be tested for alcohol misuse or substance use. Any employee identified will be advised where and when to report for testing. Testing shall be conducted during an employee's normal work hours. (49 CFR 382.307)
5. Return-To-Duty Testing
Before the covered employee returns to duty in a safety-sensitive function following a violation of the rules for alcohol misuses or controlled substances use, the covered employee must be evaluated and undergo testing. The alcohol test must have results less than 0.02 before returning to a safety-sensitive function. Controlled substance testing must be verified as negative results (49 CFR 382.605 (c) (1)).
6. Follow-Up Testing
Each covered employee, who has returned to duty involving the performance of a safety-sensitive function, and identified by a substance abuse professional (SAP) as needing assistance in resolving problems with alcohol misuse or with controlled substances will be required to have a follow-up test. Under the Omnibus Transportation Employee Testing Act of 1991, a minimum of six (6) unannounced follow- up tests will be conducted at an approved medical testing facility, during the first twelve (12) months following an employee's return to duty. A covered employee shall pay for follow-up tests (49 CFR 382.605) (c) (2) (ii)).
Testing Administration
1. Facility
The names and locations of approved facilities will be provided to covered employees upon implementation of this policy. Changes to the approved list of test sites will be provided to covered employees in a timely fashion. This notice may include use of a mobile van or another approved on-site testing facility.
2. Test
Alcohol and controlled substance tests shall be administered as follows:
- Alcohol: A covered employee shall be tested for alcohol by a trained breath alcohol technician utilizing an Evidential Breath Testing Device (EBTD).
- Controlled Substances: A covered employee being tested for controlled substances shall be required to provide a urine sample which will be split into two bottles by a collection site employee. The collection site employee will complete a chain of custody form and ship both bottles to a Department of Health and Human Services (DHHS) certified laboratory for analysis.
3. Failure to Report for Testing
Any covered employee/applicant scheduled for testing, who does not report immediately for testing upon notification shall be considered for disciplinary actions under university procedures pending an investigation. Any covered employee, who is involved in an accident in which the employee is performing a safety-sensitive function and who does not submit for testing, shall be presumed to have refused testing and shall not drive a commercial vehicle until an investigation is conducted. Disciplinary actions under university policies and procedures including suspension or separation could be imposed on the employee.
4. Absence During Random Testing
A covered employee, who has been on a layoff or who is off work for a flex leave period, during which the employee was not subject to random testing, shall submit to alcohol and controlled substance testing when returning to work.
Test Results
Test results are communicated by the approved medical testing facility to the Vice President for Human Resources or designee, as soon as possible, following the administering of the tests. In a timely manner, upon the notification by the Human Resources official, the immediate supervisor will communicate the test results, in writing, to the covered employee.
1. Procedures for negative test results:
- If the test results do not indicate alcohol misuse or controlled substance use, the covered employee may continue performing safety-sensitive functions as scheduled.
- If the test results do not indicate alcohol misuse or controlled substance use, the applicant for a position requiring a CDL will continue to be considered for the position.
2. Procedures for positive test results:
- If the test results indicate alcohol use or controlled substance use, the employee will be referred to a substance abuse professional (SAP) for assistance (49 CFR 382.605) and may be subject to appropriate discipline under university policies (see Staff Personnel Policy and Procedures Section PER-5.01, PER-1.15, and Drug Free Schools Notice).
- If the tests indicate alcohol misuse or controlled substance use, the applicant will not be considered for employment in the CDL required position (see Staff Personnel Policy and Procedures Section PER-5.01, PER-1.15, and Drug Free Schools Notice).
3. Confidentiality
All test results shall be recorded and communicated in a confidential manner. The Medical Review Officer (MRO) will discuss a test result indicating controlled substance use with the affected covered employee to ascertain whether the covered employee/applicant is taking prescription drugs. A test of the split urine sample will be conducted as appropriate under the Omnibus Transportation Employee Testing Act of 1991. It should be noted that the use of prescription drugs which may affect one's ability to perform a safety-sensitive function is a violation of federal law.
4. Retention of Test Results
Negative test results shall remain on file for a minimum period of one (1) year with the approved medical testing facility, with which the university has a contract to provide testing and record keeping. All records relating to the collection process will be kept on file with the approved medical testing for a minimum of two (2) years. Records on training shall be kept by the Affirmative Action/Employee Relations Office for a minimum of two (2) years.
Records of any alcohol test results indicating an alcohol concentration of 0.02 or greater, documentation of refusals to take required alcohol tests, equipment calibration documentation, and documentation of employee evaluations and referrals shall be retained for a minimum period of five (5) years by the approved medical testing facility.
Records of covered employee verified "positive" controlled substance test results, documentation of refusals to take a required controlled substance test, and documentation of employee evaluations and referrals shall be retained for a minimum period of five (5) years by the approved medical testing facility.
Alcohol Violations
For alcohol violations, the federal law 49 CFR 383.51(c) mandates the following minimum sanctions: (49 CFR 382.201, 382.204, 382.205, 382.207 382.301, 382.605).
- A covered employee with an alcohol concentration of 0.02 or greater but less than 0.04 shall not be permitted to perform safety-sensitive functions until the next scheduled duty period, but not less than twenty four (24) hours following administration of the initial test. However, federal law states such employee shall be prohibited from driving for a period of one (1) year following an alcohol test indicating an alcohol concentration of 0.02 or greater when the covered employee has been involved in a fatal accident.
- A covered employee with an alcohol concentration of 0.04 or greater shall not drive a commercial motor vehicle for a period of sixty (60) consecutive days.
- A covered employee who, during any three-year period, is found (as a result of alcohol testing conducted by the university in conformity with federal alcohol testing requirements or a federal, state, or local government official) to have an alcohol concentration of 0.04 or greater in two separate incidents may not drive for a period of 60 consecutive days.
- A covered employee who, during any three (3) year period, is found (as a result of alcohol testing conducted by the university in conformity with federal alcohol testing requirements or a federal, state, or local government official) to have an alcohol concentration of 0.04 or greater three or more times in separate incidents shall not drive for a period of one hundred twenty (120) consecutive days.
- In addition to any driving prohibitions, a covered employee who is found through testing (conducted in conformity with the federal rules) to have an alcohol concentration of 0.04 or greater may not perform any safety-sensitive functions until he or she has been evaluated by a substance abuse professional (SAP), completed any rehabilitation required by the substance abuse professional, and tests at less than 0.02 for the presence of alcohol (49 CFR 382.605). * NOTE: the minimum sanctions in this policy and federal law shall not lessen the university's ability to impose greater sanctions, up to and including suspension or termination under Drug Free Workplace and Drug Free Schools Notice.
Controlled Substance Violations
For controlled substances violations, federal law mandates the following minimum sanctions:
- For any offense, a covered employee shall be referred to a substance abuse professional (SAP) and shall submit a urine specimen that has a "negative" result prior to return to duty.
- For a second offense with a three (3) year period, a covered employee shall not drive a commercial vehicle for sixty (60) consecutive days.
- For a third offense or greater within a three (3) year period, a covered employee shall not drive a commercial vehicle for one hundred twenty (120) consecutive days.
- Any covered employee who refuses to be tested shall not drive a commercial vehicle for a minimum of one (1) year and until he/she has submitted a urine specimen that has a "negative" result. * NOTE: The minimum sanctions in this policy and federal law shall not lessen the university's ability to impose greater sanctions, up to and including suspension or termination under PER-5.01.
Training
Training will be provided to University officials to determine whether or not reasonable suspicion exits to conduct an alcohol and/ or controlled substance test. Individuals shall receive sixty (60) minutes of training on alcohol misuse and an additional sixty (60) minutes of training on controlled substance use. The training will assist them on determining whether reasonable suspicion exists to require an employee to undergo testing. The training will cover the physical, behavioral, speech, and performance indicators of probable alcohol and/or controlled substance use (49 CFR 382.603 (a)).
Omnibus Transportation Employee Testing Act of 1991
Policy Reasoning:
To help prevent accidents and injuries resulting from the misuse of alcohol or the use of controlled substances by drivers of commercial vehicles and to comply with the Omnibus Transportation Employee Testing Act of 1991.
Definitions:
For purpose of this policy, the following definitions will apply:
- Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol including methyl or isopropyl alcohol.
- Alcohol use (or use alcohol): Any consumption of any beverage, mixture, or preparation, including any medication, containing alcohol
- Alcohol concentration: The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test.
- Breath Alcohol Technician (BAT): An individual who instructs an assists in the alcohol testing process and operates an evidential breath testing device (EBTD).
- CFR: Code of Federal Regulations. Title 49 Code of Federal Regulations Parts 40, 325, 382, 383, 385, 386, 387, 390-397, 399, pertain to the U.S. Department of Transportation Federal Highway Administration (April 1995).
- Collection site: A place designated by the university where employees/applicants present themselves for the purpose of providing a specimen provided by those employees/applicants.
- Commercial vehicles or CMV include any of the following:
- CLASS A: Any combination of vehicles with a gross vehicle weight rating (GVWR) of 26,001 or more pounds provided the vehicle being towed is in excess.
- CLASS B: Any single motor vehicle with a GVWR of 26,001 or more pounds or any vehicle towing a vehicle less than 10,000 pounds GVWR.
- CLASS C: Any vehicle with a GVWR of less than 26,001 pounds that is either a) transporting hazardous materials for which placarding is required, or b) designed to transport sixteen (16) or more passengers including the driver.
- Confirmation test: For alcohol testing means a second test, following a screening test with a result of 0.02 or greater, which provides quantitative data of alcohol concentration. For controlled substance testing means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy.
- Controlled substance: Marijuana, cocaine, opiates, amphetamines and phencyclidine.
- Covered employee: Any University of Louisville employee who performs a safety sensitive function(s), requiring a commercial driver's license (CDL). This includes, but is not limited to: full-time, regularly employed drivers, casual, intermittent, temporary, part-time, or occasional drivers. These function(s) may constitute part or all of the job duties in the operation of a university owned, leased, or borrowed commercial motor vehicle. The term includes an applicant for employment. Covered employees are university employees (including mechanics who may test drive a repaired vehicle) who operate a commercial vehicle (see definition of commercial vehicles) owned or leased by the university.
- Driver time: All time spent at the driving controls of a CMB in operation.
- EBTD or evidential breath testing device: An EBTD approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Products List" (CPL) of Evidential Breath Measurement Devices" and identified on the CPL as conforming with the model specifications available from the NHTSA and Office of Alcohol and State Programs (49 CFR 40.3).
- Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of osteopathy) who is responsible for receiving laboratory results generated by the university's alcohol and controlled substance testing program, who has knowledge of substance abuse disorders, and who has appropriate medical training to interpret and evaluate a covered employee's medical history and any other relevant biomedical information.
- Omnibus Transportation Employee Testing Act of 1991: Implemented on February 15, 1994. Every college and university will be required to conduct pre-employment, reasonable suspicion, random, and post-accident alcohol and controlled substances testing of each applicant for employment or employee who is required to obtain a CDL.
- Performing (a safety-sensitive function): A covered employee is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions.
- Safety-sensitive function:
- All time the covered employee is inspecting equipment as required by U.S. DOT regulations or otherwise inspecting, servicing, or conditioning any CMV at any time.
- All driving time as defined in the term driving time in this policy.
- All time a covered employee is loading or unloading or supervisor or assisting in the loading or unloading of a CMV, attending a CMV being loaded or unloaded, remaining in readiness to operate the CMV, or in giving or receiving receipts for shipments loaded or unloaded.
- All time spent by a covered employee performing the driver requirements of U.S. DOT regulations relating to accidents.
- All time spent by a covered employee repairing, obtaining assistance, or remaining in attendance upon a disabled CMV.
- Screening test (or initial): In controlled substance testing, is an immunoassay screen to eliminate "negative" urine specimens from further analysis. In alcohol testing, an analytic procedure to determine whether a covered employee may have prohibited concentration of alcohol in a breath specimen.
- Substance Abuse Professional: A licensed physician or licensed or certified psychiatrist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselor Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.
- CLASS A: Any combination of vehicles with a gross vehicle weight rating (GVWR) of 26,001 or more pounds provided the vehicle being towed is in excess.
- CLASS B: Any single motor vehicle with a GVWR of 26,001 or more pounds or any vehicle towing a vehicle less than 10,000 pounds GVWR.
- CLASS C: Any vehicle with a GVWR of less than 26,001 pounds that is either a) transporting hazardous materials for which placarding is required, or b) designed to transport sixteen (16) or more passengers including the driver.
- All time the covered employee is inspecting equipment as required by U.S. DOT regulations or otherwise inspecting, servicing, or conditioning any CMV at any time.
- All driving time as defined in the term driving time in this policy.
- All time a covered employee is loading or unloading or supervisor or assisting in the loading or unloading of a CMV, attending a CMV being loaded or unloaded, remaining in readiness to operate the CMV, or in giving or receiving receipts for shipments loaded or unloaded.
- All time spent by a covered employee performing the driver requirements of U.S. DOT regulations relating to accidents.
- All time spent by a covered employee repairing, obtaining assistance, or remaining in attendance upon a disabled CMV.
Responsibilities:
Administration of Policy
Administration of this policy is the responsibility of the Vice President for Human Resources and the department with covered employees. Department heads are responsible for ensuring that the creation of any position or the addition of responsibilities requiring a commercial driver's license (CDL) is communicated to the Vice President for Human Resources.
Official University Administrative Policy
Policy Name:
Campus Operations During Inclement Weather and Emergency Events
Effective Date:
May 1 1992
Policy Number:
PER 1 11
Policy Applicability:
This policy applies to University Administrators Faculty Staff and Students
Policy Statement:
The University of Louisville (University) operates as a publicly supported institution of higher education and presumes continuing services and instructional functions in so far as possible while upholding the highest level of safety standards. Only the President of the University, or the University Provost acting on the President's behalf, has the authority to determine the operating schedule of the University. All faculty, staff, students, and administrators should adhere to this policy and the guidelines within it.
When weather conditions or an emergency warrant a decision to deviate from normal operating schedules, UofL administration, when possible, will announce schedule changes for morning classes and office operations by 6:00 a.m. and for evening classes by 3:00 p.m. For the purpose of severe weather or emergency announcements, evening classes are those that begin at or after 4:15 p.m.
A. Delayed Schedule - When administration announces a delayed schedule, it will delay the start time of classes/offices until a certain time and then resume normal scheduling at that point. All classes, including in-person and online, scheduled to end before the delayed start time are canceled. Classes scheduled to be in session will resume at the delayed start time. Classes starting after the delay meet as scheduled. For example, a 10:00a delayed start time means classes/offices will resume operations at 10:00a.m. Classes that end before 10:00 a.m. will be canceled. Classes that are scheduled to start before 10:00 a.m. and are normally in session at 10:00 a.m., will start at 10:00 a.m. Classes that are scheduled to start after 10:00 a.m. will meet as regularly scheduled.
B. Work Closure - When administration announces office closures, the offices will remain closed until the next business day, unless otherwise noted during the closure announcement or unless notified the following day by 6:00 a.m. During office closures, all non-essential offices are closed. Essential offices include those that provide clinical and patient care services and public safety services. Only employees in Essential Positions should report to campus. Employees in clinical and patient care and public safety roles should engage with their supervisor regarding their department's emergency closure procedures and their need to be on campus during closure. (NOTE: If an employee is uncertain whether their role is considered essential, they should consult with their supervisor prior to any campus closure)
C. Class Closure - When administration announces class cancellation, the classes will remain cancelled until the next business day, unless otherwise noted during the closure announcement or unless notified the following day by 6:00 a.m. During class closures, all in-person and online classes are canceled. Assignment due dates are suspended for all class modalities. Revised due dates to follow reopening. Instructors should contact students via Blackboard/RedMed and email to indicate instructional plan and any changes to assignment due dates.
D. Remote Work - When administration closes campus and announces a remote work schedule for faculty and staff, non-essential offices will remain open and operate remotely. Essential offices will remain open and operate in person. Employees who are not in an Essential Position and are able to work remotely are expected to do so. Employees in Essential Positions should report to campus.
E. Remote Instruction - When administration closes campus and announces remote instruction, all in-person classes will move to temporary remote instruction and online courses will operate as usual and in accordance with the schedule of classes. Instructors should contact students via Blackboard/RedMed and/or email to indicate instructional plan and any changes to assignment due dates.
F. Early Dismissal - When administration closes campus early, the campus(es) will remain closed until the next business day, unless otherwise noted during the closure announcement. All classes, including in-person and online, that are in session during an early release time will meet until the early release time. Classes that are scheduled to start after the early release time will not meet.
Note: If the University is operating on a normal schedule, the University will not make an announcement.
Department heads, managers, and supervisors shall identify which employees are in Essential and Non-Essential Positions in advance of inclement weather or other emergency situations and notify the employees of their designation and responsibilities. The department head must communicate expectations related to on-site coverage versus remote work needs and eligibility, employee schedule changes, and time reporting procedures. The department head shall also reevaluate and adjust position designations as the department's needs change. If there are extended delays, closures, or remote work schedules due to inclement weather or other emergency situations, the department shall coordinate on-site coverage with employees in Essential Positions. Supervisors should manage this process thoughtfully and avoid arbitrary decisions, recognizing the inherent ambiguity of the situation.
METHODS OF NOTIFICATION
The University will provide official announcements regarding closures, cancellations or delayed schedules through the following sources:
- A notice on the University home page at https://www.louisville.edu;
- Text messages sent to students, faculty and staff who sign up for University alerts; https://safety.louisville.edu/
- Alert messages sent to all dorm and office VoIP phones;
- E-mails sent to students' and employees' university email accounts;
- A recorded message at 502-852-5555; and
- Local media will be contacted and made aware of the announcement.
RETURNING TO IN-PERSON OPERATIONS
- Employees are expected to return to their assigned workplace once normal operations resume.
- Employees unable to return to their assigned workplace must use accrued leave (vacation, sick, personal) in accordance with University leave policies.
- Non-exempt employees who are unable to return to their assigned workplace and do not have sufficient leave available should not enter leave codes and may experience a gap in pay for any time not worked, unless alternative arrangements are approved by their supervisor. Supervisors should assist their employees with proper time reporting and coding in Workday.
TIME REPORTING GUIDELINES
Employees are expected to follow the time reporting guidelines when the University is operating on a delayed schedule or is closed.
- Hourly Non-Exempt Regular Employees (Employees who are in Non-Essential Positions Not Working During Closure or Delay):
- Employees who do not work their normal workday while the University is closed or delayed should report the total work hours missed as "Emergency University Closure" or "EUC" on their timesheet or Workday absence calendar.
- Hourly non-exempt, non-essential employees who are scheduled to work remotely but are unable to do so due to power outages, internet outages, or lack of a University-provided laptop must notify their supervisor. With supervisor approval, the missed time should be reported as Supervisor Approved Leave (SLV) in Workday.
- Hourly Non-Exempt Regular Employees (Employees who are in Essential Positions Working During Closure or Delay):
- Employees should report all hours worked on their timesheet and if any of those hours are during the Emergency University Closure (EUC) timeframe they should also report "EUC" for those hours as well. (Essential hourly non-exempt employees working during a closure shall be paid at a regular, straight-time rate for the hours worked up to 40 hours in a workweek and shall, in addition, be paid at a straight-time rate for an equal amount of time.)
- Employees on previously approved leave (e.g., vacation, sick, FMLA) during a University Closure Day should report their leave as scheduled and should not use the "Emergency University Closure" option.
- Employees working third shift will adjust their time based on whether the closure happens during their shift:
- If the University closes during the third shift: Employees who are actively working when the closure is announced should be compensated for the hours they worked prior to the closure. They should report those hours as usual (e.g., regular work hours).
- For the remaining hours of the shift, if employees are sent home due to the closure, employees should record the missed time as "Emergency University Closure" for the remaining part of the shift.
- Employees who do not work their normal workday while the University is closed or delayed should report the total work hours missed as "Emergency University Closure" or "EUC" on their timesheet or Workday absence calendar.
- Hourly non-exempt, non-essential employees who are scheduled to work remotely but are unable to do so due to power outages, internet outages, or lack of a University-provided laptop must notify their supervisor. With supervisor approval, the missed time should be reported as Supervisor Approved Leave (SLV) in Workday.
- Employees should report all hours worked on their timesheet and if any of those hours are during the Emergency University Closure (EUC) timeframe they should also report "EUC" for those hours as well. (Essential hourly non-exempt employees working during a closure shall be paid at a regular, straight-time rate for the hours worked up to 40 hours in a workweek and shall, in addition, be paid at a straight-time rate for an equal amount of time.)
- Employees on previously approved leave (e.g., vacation, sick, FMLA) during a University Closure Day should report their leave as scheduled and should not use the "Emergency University Closure" option.
- Employees working third shift will adjust their time based on whether the closure happens during their shift:
- If the University closes during the third shift: Employees who are actively working when the closure is announced should be compensated for the hours they worked prior to the closure. They should report those hours as usual (e.g., regular work hours).
- For the remaining hours of the shift, if employees are sent home due to the closure, employees should record the missed time as "Emergency University Closure" for the remaining part of the shift.
Details for Salaried -Exempt Employees
Salaried exempt regular employees don't complete timesheets; however, salaried exempt regular employees who are designated as an Essential Position and work during a closure or delay may take time off later (typically within the same pay period), subject to prior approval from their supervisor.
Related Information:
Policy Reasoning:
This policy establishes procedures and responsibilities for University of Louisville (University) operations during inclement weather or emergency events when the University is operating on a remote work schedule or is officially closed or delayed. It defines position designations (Essential Position vs. Non-Essential Position), outlines appropriate leave usage, and provides timekeeping instructions.
Definitions:
Essential Position
- On-site, in-person attendance is required when the University is operating on a remote work schedule, delayed schedule, or is closed. (Essential Positions are identified by department heads (VP/Deans), supervisors and/or managers)
- Examples of Essential Positions may include but are not limited to hospital and healthcare clinic employees, laboratory/research employees, facilities and maintenance staff, food service staff, environmental service staff, campus safety personnel, and certain IT support staff.
- When the University is operating on a remote work-only schedule, delayed schedule, or is closed, full attendance of regularly scheduled Essential Positions may not be required to meet the University's operational needs. Supervisors, at their discretion, shall assess and determine the operational requirements of their office/department on those days.
Non-Essential Position
- On-site, in person attendance is not required if the University is closed. If the University is operating on a remote work schedule, employees who can work remotely are expected to do so during their normal work hours/shifts. Employees unable to work remotely should not perform work unless directed by their supervisor. (Non-Essential Positions are identified by department heads (VP/Deans), supervisors and/or managers)
- Examples of Non-Essential Positions may include but are not limited to student support services and university administrative offices.
- Supervisors are encouraged to consider authorizing an employee to work remotely if that employee can work effectively from a remote location. This includes employees who have established remote or hybrid work arrangements.
Responsibilities:
The University President (or designated University Provost) is responsible for determining the operating schedule of the University during inclement weather or other emergency situations as outlined in this policy.
Department heads, managers, and supervisors are responsible for:
- determining which employees in their units are in Essential Positions and must work on-site when the University is closed, operating on a delayed schedule, or operating on a remote work schedule;
- informing employees in advance of their designation and responsibilities in the event of inclement weather or other emergency situation. University Human Resources recommends supervisors consider which of their team's on-site functions must continue, and which can be performed remotely; and
- ensuring their teams are aware of remote work options, closure/delay details, and expectations during inclement weather or other emergency situations. Supervisors shall inform their employees if they are in an Essential Position and must work at their usual on-site locations or if they are allowed to work remotely. Managers and supervisors should also communicate with employees regarding how to report time off in accordance with the Time Reporting Guidelines within this policy.
- must review designations annually and communicate to each employee in advance of inclement weather or emergency events whether they are essential or non-essential.
The Human Resources Department is responsible for promoting and providing interpretation of this policy. Employees with questions about this policy, or their leave balances or eligibility, should contact Human Resources for assistance. askhr@louisville.edu
Official University Administrative Policy
Policy Name:
Responding to Violations of University of Louisville Research Policies
Effective Date:
July 1 2003
Policy Number:
RES 1 02
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
The University of Louisville requires that all employees (e.g., investigators, faculty, and staff), key personnel, and students involved in research comply with all applicable laws, regulations, statutes, contractual obligations (e.g., agreements, assurances, accreditation standards, etc.), and University policies relating to research. The University may respond with sanctions or other appropriate action (1) to violations of law, regulation, contractual obligation, or University policy relating to research; (2) when questionable or inacceptable research practices occur; or (3) where there is non-compliance with research policy requirements or with reasonable requests for action or cooperation necessary to implement these research policy requirements (collectively referred to as a "violation(s) or non-compliance of research policy(ies).").
CORRECTIVE ACTIONS AND SANCTIONS
Corrective Actions and Sanctions applied pursuant to this policy shall not supersede or impede any regulatory or contractual authority conferred upon compliance oversight offices at the University of Louisville to apply sanctions or take other corrective actions appropriate to their authority. Corrective Actions and Sanctions applied pursuant to this policy do not supersede any sanctions imposed by external regulatory bodies. Corrective Actions and Sanctions available to the University in those circumstances where a violation or non-compliance of research policy is proven to have occurred include, but are not limited to:
- Imposition of a requirement to obtain additional appropriate training;
- Mandatory submission to a corrective action plan;
- Imposition of a mandate and timetable for corrective or remediating action;
- Letter of Reprimand placed in personnel file;
- Improperly collected data will be returned or destroyed;
- Suspension of supervision or mentoring of University of Louisville students, or of students participating in approved projects or programs under the auspices of the University of Louisville;
- Requirement to make financial restitution;
- Return of funds to the sponsoring entity;
- Suspension of laboratory privileges;
- Suspension of some or all research activities;
- Removal as a principal or co-principal investigator on specific or all research activities;
- Suspension of processing of proposals/applications to research sponsoring entities;
- Suspension or withholding of sponsored activity (e.g., grant/contract) or operating funding;
- Any action that may be required by applicable law or regulation;
- Any other disciplinary actions available as corrective action in a case of inappropriate behavior by a student or a faculty member or other employee up to and including termination;
- Where required by law or contract, follow-up action with successor institution in the case of investigator leaving the University for such other institution;
- When appropriate and warranted, a department or unit may be held accountable for fees, charges, fines, or expenses incurred or resulting from or related to any such violation or non-compliance where the unit or department is deemed in whole or part responsible.
In addition to imposing appropriate sanctions, the University of Louisville shall do everything it can to clarify the record, such as:
- Formal notification of sponsoring entities, funding sources, co-authors, co-investigators, collaborators, department, campus and university publications, editors of journals in which fraudulent research was published, state professional licensing boards, other institutions, sponsoring agencies, funding sources with which the individual has been affiliated, and professional societies;
- Public announcements;
- Published retractions and disassociation with published papers;
- Formal withdrawal of pending applications for research support.
Policy Reasoning:
The University must be prepared to respond fairly and appropriately (1) to violations of law, regulation, or University policy relating to research; (2) when questionable or unacceptable research practices occur; or (3) where there is non-compliance with research policy requirements or with reasonable requests for action or cooperation necessary to implement these research policy requirements (collectively referred to as a "violation(s) or non-compliance of research policy (ies).").
Responsibilities:
All members of university community with knowledge of any violations of or non-compliance with research policies should be immediately reported to the Executive Vice President for Research and Innovation, the appropriate Vice President, Dean, Chair, or unit head for the department or unit in which the violation or non-compliance has occurred and, if applicable, any other compliance oversight office of the University.
All parties submitting or receiving reports of violations or non-compliance will maintain the information in confidence to the extent permitted by law until a final finding has been made.
If the initial report is received by a Vice President, Dean, Chair, or unit head for the department or unit in which the violation or non-compliance has occurred, the individual receiving the report is required to inform all appropriate officials including compliance oversight offices and, up to, and including the Executive Vice President for Research and Innovation.
Official University Administrative Policy
Policy Name:
Sponsoring Visiting Students for Research Purposes
Effective Date:
February 3 2015
Policy Number:
RES 1 05
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
Duration of Visit
These students frequently are on campus during the summer intercession although, depending upon the nature of the schedule at their home institution, they may be on campus at any time throughout the academic year. For the purposes of the information presented here, the duration of the visit should be no more than sixteen (16) weeks. If it is known at the outset that the duration will be greater than sixteen (16) weeks, justification must be submitted with the initial documentation and prior approval must be received.
Purpose of the Visit and Sponsor Assurances
In the spirit of academic enterprise, it is understandable that the projects in which the students will participate may evolve during the tenure of their visit. However, due to regulations and requirements that may be attached to their participation, the Faculty Mentor needs to have a written research plan approved prior to the student arriving on campus. The one page, single spaced research plan should include a description of the project, expected outcomes (poster, final report, presentation, etc.) and an explanation of how the student will benefit from this experience in terms of new skills and knowledge gained.
As the Faculty Mentor, it is equally important that you undertake appropriate oversight and supervision of the visiting student. As part of the research plan, the sponsor is required to make the following assurances.
- Faculty Mentor agrees to plan and supervise their student;
- Faculty Mentor will guarantee that he/she, individually or in collaboration with some other designated person, will spend time with the student on a regular basis;
- Faculty Mentor agrees (1) to ensure his/her student will complete the appropriate training and certifications needed to access specialized resources and complete the work and (2) that if the work will involve any sponsored project, any confidentiality and/or intellectual property documents are addressed as needed;
- Sign-off on the Consent and Release Form found at the end of this document.
Copies of the research plan and associated assurances should be sent to Michael Brill, JD, Associate Director, Research Security, and to the Dean's or Vice President's office of the unit sponsoring the student.
Training and Certifications
Some visiting students are part of established programs while others have a more independent association. It is the requirement of the University of Louisville that all visiting students from a foreign country must have an appropriate visa and cannot be on tourist status. Additionally, all visiting students must complete the appropriate training and certifications needed for the nature of the work they will complete, while on campus. Research Integrity is a good resource for determining what training will be needed. Some training can be completed online prior to arriving on campus. Please contact Research Integrity as soon as possible so that they can work with you to facilitate getting access to the training established and review the DEHS "Minors in Laboratory and Animal Facilities Policy".
Due to the requirements and approvals necessary for work on externally sponsored projects and/or classified and sensitive projects, Faculty Sponsors are strongly encouraged to balance the necessity of including visiting researchers/scholars on these types of projects. Projects that have access to sponsor information or intellectual property typically require prior approval from the sponsor, have confidentiality obligations and/or require assignment or licensing of intellectual property. It should be noted, that in some instances, the approval process for these specialized projects may take months. Depending upon the nature of the project and the country of origin of the visiting researcher, Export Control regulations and permissions may need to be addressed. For assistance in classified or sensitive projects, contact Export Control and Secure Research Compliance.
In addition to these requirements, educational seminars offered as part of established programs will also be made available to students in independent projects, if interest is expressed.
Secured Access and Access to Specialized Resources
Visiting students should have appropriate UofL identification and programmed access to necessary secured areas and specialized resources. Instructions for obtaining a Cardinal Card, with programmed access, for the visiting student:
- Faculty Mentor should submit a request to Card Operations on UofL letterhead from the school signed by the Dean.
- Letter should include the student's name, purpose of the card (ex. door access, library card, meal card, etc.), and expiration date.
In addition to programmed access, some specialized resources (lab areas, equipment, etc.) have training requirements prior to use. Faculty Mentors must contact the respective facility managers to ascertain what requirements must be fulfilled before access is granted.
Policy Reasoning:
From time to time, U of L faculty may serve as mentors and hosts for non-enrolled students. The purpose of this memo is to address the issues and authorizations that should be sought when hosting these students. The information included in this document covers students who are not enrolled nor employed by the University of Louisville for their activities. Because these individuals are not therefore tracked in the traditional sense, it is necessary to establish guidelines.
Official University Administrative Policy
Policy Name:
Additional and Supplemental Pay
Effective Date:
June 15 2006
Policy Number:
PER 3 10
Policy Applicability:
This policy applies to University Employees administrators faculty and staff
Policy Statement:
The Department of Human Resources (HR) is responsible for approving all additional and supplemental pay requests. The department and unit must approve all requests in writing prior to submitting to HR for final approval. The department or unit head, dean or vice president shall not assign additional responsibilities to employees prior to receiving HR's approval and confirmation of the amount of supplemental pay, X-pay or X-ben. The requesting department or unit must have adequate, available and active position funds in the appropriate program during the full payment period of the additional payment.
Supplemental pay, X-pay or X-ben shall not be used to pay a bonus or a performance-based form of compensation unless otherwise specified in an employment contract or offer letter. Supplemental pay, X-pay or X-ben shall not be used to pay an employee expense or disbursement that is processed through the Controller's Office.
X-pays or X-bens that exceed six months require an extension request of no more than six months. Exceptions to the one-year limitation on X-pays and X-bens may be made for Part Time Lecturers (PTLs) and other positions that cannot readily be replaced. A request for reclassification or in-range adjustment should be completed if the additional duties are to continue indefinitely and have been performed for a time-period greater than six months. Other exceptions include practice plans and allowances that must be renewed annually.
Non-exempt staff are not eligible to receive supplemental pay, X-pay or X-ben.
No department or unit's supplemental pay, X-pay or X-ben policy can be in conflict with this policy.
Related Information:
Institutional Base Salary
Approvals
The dean or vice president of the employee's home department and the dean or vice president of the initiating unit must approve all requests for supplemental pays, X-pays and X-bens. The dean or vice president may delegate this responsibility to an associate dean or assistant/associate vice president; however, the dean or vice president will be held responsible for any additional pay approval. At the Health Sciences Center (HSC), the Executive Vice President for Health Affairs (EVPHA), in addition to the dean, must approve all additional compensation. The President must approve any additional compensation for the Provost. The Provost, or in the case of HSC deans, the EVPHA, will approve supplemental pays or X-pays and X-bens for any dean (including vice deans, associate deans, and assistant deans) or vice president, and will appoint a designee to approve requests for departments within the Office of the Provost.
X-pays and X-bens paid from a Federally Sponsored Program (including federal flow-through funding) must be approved by the Office of Sponsored Programs Administration.
Policy Reasoning:
To establish when additional and supplemental pay is appropriate.
Definitions:
Institutional Base Salary (IBS)
IBS is defined as the annual compensation paid by the university for an individual's appointment (e.g., 9, 10, 12-month Faculty appointment), whether that individual's time is spent on research, instruction, administration, or other activities. The IBS does not include bonuses, one-time payments, or incentive pay.
Definitions for Administrators and Faculty:
- Institutional Base Salary (IBS) includes base salary and supplemental pay, but excludes X-pay and/or X-ben.
- Supplemental pay is pay that is in addition to base salary and is included in calculations for retirement or other benefits. Examples of when supplemental pay should be used include, but are not limited to, on-going administrative responsibilities, recognition as a university scholar, distinguished university scholar or endowed chair, and other extraordinary compensation arrangements where the supplemental pay can be reduced or eliminated as appropriate.
- X-pay is pay for the assumption of teaching overload and/or additional duties on a time-limited, short-term basis and is excluded in calculations for retirement or other benefits that are a percentage of salary.
- X-ben (to faculty) is pay for the assumption of research (e.g., summer research) that is performed outside of an individual's academic appointment, and/or an interim assignment on a time-limited, short-term basis and is included in calculations for retirement and other benefits that are a percentage of salary.
- X-ben (for administrators) is pay for the assumption an interim assignment and is included in calculations for retirement and other benefits that are a percentage of salary. Interim administrator assignments shall be for a limited duration, not to exceed four years, without a search to fill the position on a regular basis.
Definitions for Professional and Administrative (Exempt) Staff:
- Institutional Base Salary is regular salary plus supplemental pay, but excludes X-pay and/or X-ben.
- Supplemental pay is pay that is in addition to their regular salary and is included in calculations for retirement or other benefits. If the intent is for the position to perform additional duties for more than 12 months but within a project term with an end date, then supplemental pay should be used.
- X-pay is pay for the assumption of teaching and/or additional duties of a higher level on a time-limited, short-term basis, usually 12 months or less. X-pay is excluded in calculations for retirement or other benefits that are a percentage of salary.
- X-ben is pay for the assumption of research and/or an interim assignment (beyond or in addition to standard job duties as defined in the Job Description Form) on a time-limited, short-term basis and is included in calculations for retirement and other benefits that are a percentage of salary.
Sponsored Program
An externally funded activity that is governed by specific terms and conditions as outlined in a legal agreement or notice of award. Sponsored programs must be separately budgeted and accounted for subject to the terms of the sponsoring organization. Sponsored programs may include grants, contracts (including fixed price agreements), and cooperative agreements for research, training, and other public service activities. A sponsored program encompasses both the main sponsored account(s) and associated cost share and/or program income account(s).
Responsibilities:
The department head, dean or vice president is responsible for monitoring all supplemental pays, X-pays and X-bens for their home department.
policy
Call In Call Back Pay
Official University Administrative Policy
Policy Name:
Call In Call Back Pay
Effective Date:
May 1 1992
Policy Number:
PER 3 07
Policy Applicability:
This policy applies to University Staff
Policy Statement:
Each classified employee is expected to work when called, unless excused for good and sufficient reason. The supervisor shall exercise reasonableness and fairness in administering the call-in/call-back policy.
Related Information:
A classified employee called in to work when he or she has not been previously scheduled will be given a minimum of four hours' work or a minimum of four hours' pay.
A classified employee called in to work before his or her normal shift and who continues working into his or her regular shift will not be considered to be either called-in or called-back and will be paid only for all hours worked. If there is less than one hour between the time of completing the work for which he or she is called in early and his or her normal starting time, this time also will be considered as time worked.
The hours paid for call-in and call-back will be credited toward hours worked in the week for overtime purposes.
Official University Administrative Policy
Policy Name:
Catastrophic Shared Leave Policy
Effective Date:
January 1 2004
Policy Number:
PER 4 19
Policy Applicability:
This policy applies to University Staff
Policy Statement:
It is the policy of the University of Louisville to promote a sense of collegiality and community among UofL staff by permitting administrators and staff employees to voluntarily contribute vacation or sick leave to fellow staff employees who would otherwise suffer a loss of regular income due to a personal or family catastrophic illness.
Employees are eligible to apply for up to 12 weeks of Catastrophic Shared Leave, after 12 months of continuous service, equivalent to Family Medical Leave eligibility.
University employees and administrators (even though administrators are not eligible to apply for leave awards) may donate their accrued sick or vacation leave to the Catastrophic Shared Leave Pool. Employees and administrators who voluntary donate leave will not receive payment of any kind for their donation.
Living organ and bone marrow donations are considered a serious health condition, as defined by the Family and Medical Leave Act (FMLA), and therefore employees are eligible to apply for shared leave for this purpose.
Related Information:
Family and Medical Leave Policy PER 4.17
Definitions:
For definitions on Immediate Family Member or Serious Health Condition, please refer to the Family and Medical Leave Policy PER 4.17.
Official University Administrative Policy
Policy Name:
Responding to Allegations of Research Misconduct
Effective Date:
October 21 2002
Policy Number:
RES 1 04
Policy Applicability:
See B Scope
Policy Statement:
Policy For Responding To Allegations Of Research Misconduct
Table Of Contents
I. Introduction
A. General Policy
B. Scope
II. Definitions
A.Allegation
B.Business Day
C.Complainant
D.Conflict of interest
E.Deciding Official
F.Evidence
G.Good faith
H.HHS
I.Inquiry
J.Inquiry Committee
K.Institutional member
L.Investigation
M.Investigation Committee
N.Office of Research Integrity
O.Preliminary assessment and review
P.Preponderance of the evidence
Q.Public Health Service
R.PHS support
S.Records of research misconduct proceedings
T.Research
U.Research Integrity Ombudsperson
V.Research misconduct
W.Research misconduct proceeding
X.Research record
Y.Respondent
Z.Retaliation
AA.Sequestration of records
III. Rights and Responsibilities
A.Research Integrity Ombudsperson
B.Complainant
C.Respondent
D.Deciding Official
IV. General Policies and Principles
A.Responsibility to Report Misconduct
B.Cooperation with Research Misconduct Proceedings
C.Confidentiality
D.Protecting complainants, witnesses, and committee members
E.Protecting the Respondent
F.Interim Administrative Actions and Notifying ORI of Special Circumstances
V. Conducting the Assessment and Inquiry
A.Assessment of Allegations
B.Initiation and Purpose of the Inquiry
C.Notice to Respondent; Sequestration of Research Records
D.Appointment of the Inquiry Committee
E.Charge to the Committee and First Meeting
F.Inquiry Process
G.Time for Completion
VI. The Inquiry Report
A. Elements of the Inquiry Report
B. Notification to the Respondent and Opportunity to Comment
C. Institutional Decision and Notification
VII. Conducting the Investigation
A.Initiation and Purpose
B.Notifying ORI and Respondent; Sequestration of Research Records
C.Appointment of the Investigation Committee
D. Charge to the Committee and the First Meeting
E.Investigation Process
F.Time for Completion
VIII. The Investigation Report
A.Elements of the Investigation Report
B. Comments on the Draft Report and Access to Evidence
C.Decision by Deciding Official
D. Notice to ORI of Institutional Findings and Actions
E.Maintaining Records for Review by ORI
IX. Completion of Cases; Reporting Premature Closures to ORI
X. Institutional Administrative Actions
XI. Other Considerations
A.Termination or Resignation Prior to Completing Inquiry or Investigation
B.Restoration of the Respondent's Reputation
C.Protection of the Complainant, Witnesses and Committee Members
D.Allegations Not Made in Good Faith
Appendix A: 42 CFR 93
Appendix B: Research Integrity Ombudsperson Responsibilities
In case of any conflict between the Approved Policy and 42 CFR Part 93, the regulation shall prevail.
The University of Louisville is committed to the highest standards of integrity in all its research endeavors and will not tolerate conduct that imperils this mission by violating those standards. This commitment governs the conduct of faculty members, staff, and students engaged in scholarly and scientific research activities. This policy and procedures promote these objectives by establishing a framework of methods and principles for assessing, and conducting inquiries and investigations regarding allegations or incidents of "research misconduct."
This policy is intended to carry out University of Louisville's responsibilities under the Public Health Service (PHS) Policies on Research Misconduct, 42 CFR Part 93.[1] This policy applies to allegations of research misconduct (fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results) involving:
·An individual who, at the time of the alleged research misconduct, was employed by, was an agent of, or was affiliated by contract or agreement with this institution;1 This includes any person paid by, under the control of, or affiliated with the University, and including but not limited to individuals involved in research (including those involved in the design, conduct, reporting, or management of research) for which the University is responsible, scientists, physicians, nurses, trainees, technicians, undergraduate and graduate students, gratis faculty who conduct research, fellows and residents , guest researchers, collaborators, and research support staff ; and
·(1) PHS support biomedical or behavioral research, research training or activities related to that research or research training, such as the operation of tissue and data banks and the dissemination of research information, (2) applications or proposals for PHS support for biomedical or behavioral research, research training or activities related to that research or research training, or (3) plagiarism of research records produced in the course of PHS supported research, research training or activities related to that research or research training. This includes any research proposed, performed, reviewed, or reported, or any research record generated from that research, regardless of whether an application or proposal for PHS funds resulted in a grant, contract, cooperative agreement, or other form of PHS support.2
This policy and the associated procedures do not apply to order of authorship, authorship credit or collaboration disputes and apply only to allegations of research misconduct that occurred within six years of the date the institution or HHS received the allegation, subject to the subsequent use, health or safety of the public, and grandfather exceptions in 42 CFR § 93.105(b). They do not apply to other types of violations of University research policy or misconduct in research.
This policy and associated procedures will be followed when the University receives an allegation of possible misconduct. The Executive Vice President for Research must approve any significant variation in procedure prior to its initiation. Any change from normal procedures must ensure fair treatment to the subject of the inquiry or investigation.
This policy and procedures are intended to protect the rights and reputations of those alleged to have committed research misconduct and those who make such allegations, while at the same time ensuring that the substance of all allegations will be assessed fairly and conscientiously. Because the integrity of all research is of paramount concern to the University, those with knowledge of possible acts of research misconduct are encouraged to report. Protections, especially against retaliation, will be provided to those who make allegations in good faith.
These policies and procedures also provide for reporting research misconduct investigations and institutional actions to the U. S. Office of Research Integrity, and for cooperating with the Office of Research Integrity in its review of institutional actions and reports.
All individuals involved - whether making allegations or the object of allegations, or otherwise participating in inquiries and investigations -- are cautioned to familiarize themselves with the specific requirements promulgated by federal agencies, especially the National Institutes of Health/Office of Research Integrity (NIH/ORI) and the National Science Foundation (NSF), responsible for oversight of the research misconduct assessment process. These requirements, which may apply to certain determinations made under these policies and procedures (e.g. evidentiary standards, bases for findings and conclusions, etc.), can be found at:
NIH/ORI: https://ori.hhs.gov/research-misconduct-0
NSF: http://www.oig.nsf.gov/misconscieng.htm
II. Definitions
A. Allegation means a disclosure of possible research misconduct through any means of communication. The disclosure may be by written or oral statement or other communication to an institutional or HHS official.3
B. Business Daymeans a day in which the Institution is operating, regardless of whether classes are in session.[2]
C. Complainant means a person who in good faith makes an allegation of research misconduct.4
D. Conflict of interest in the context of research misconduct proceedings means the real or apparent possibility that the interests of one person may compromise or affect the interests of another person due to prior or existing personal, familial, financial, or professional relationships.
E. Deciding Official (DO) means the institutional official who makes final determinations on allegations of research misconduct and any institutional administrative actions. The Executive Vice President for Research and Innovation at the University of Louisville is the Deciding Official for purposes of these "Policies and Procedures For Responding To Allegations of Research Misconduct" and for purposes of satisfying federal PHS (ORI) policy requirements established in 42 CFR Part 93 for the handling of allegations or instances of research misconduct.
F. Evidence means any document, tangible item, or testimony offered or obtained during a research misconduct proceeding that tends to prove or disprove the existence of an alleged fact.5
G. Good faith as applied to a complainant or witness, means having a belief in the truth of one's allegation or testimony that a reasonable person in the complainant's or witness's position could have based on the information known to the complainant or witness at the time. An allegation or cooperation with a research misconduct proceeding is not in good faith if it is made with knowing or reckless disregard for information that would negate the allegation or testimony. Good faith as applied to a committee member means cooperating with the purpose of helping an institution meet its responsibilities under 42 CFR Part 93. A committee member does not act in good faith if his/her acts or omissions on the committee are dishonest or influenced by personal, professional, or financial conflicts of interest with those involved in the research misconduct proceeding.6
H. HHS means the United States Department of Health and Human Services.
I. Inquiry means preliminary information-gathering and preliminary fact-finding that meets the criteria and follows the procedures of 42 CFR §§ 93.307-93.309.7 It is intended to allow a careful look into a situation without tainting reputations of possibly innocent individuals.
J. Inquiry Committee refers to the three- (3)-person committee that is charged with conducting an inquiry. The Research Integrity Ombudsperson, shall make the appointments, in consultation with other institutional officials as appropriate.
K. Institutional member means a person who is employed by, is an agent of, or is affiliated by contract or agreement with an institution. Institutional members may include, but are not limited to, officials, tenured and untenured faculty, teaching and support staff, researchers, research coordinators, clinical technicians, postdoctoral and other fellows, students, volunteers, agents, and contractors, subcontractors, and sub-awardees, and their employees.8
L. Investigation means the formal development of a factual record and the examination of that record leading to a decision not to make a finding of research misconduct or to a recommendation for a finding of research misconduct which may include a recommendation for other appropriate actions, including administrative actions.9 An investigation is a formal examination and evaluation of all relevant facts to determine if misconduct has occurred, and, if so, to determine the responsible person and the seriousness of the misconduct. There are generally three aspects to an investigation: the gathering and reviewing of evidence and testimony (which may include a hearing); the formulation of findings of fact and conclusions regarding the commission of research misconduct; the preparation of a written report.
M. Investigation Committee refers to the five-(5)-member committee that is charged with conducting an investigation. The Research Integrity Ombudsperson shall make the appointments, in consultation with other institutional officials as appropriate. One of the five Investigation Committee members may be appointed from another institution.
N. Office of Research Integrity or ORI means the office to which the HHS Secretary has delegated responsibility for addressing research integrity and misconduct issues related to PHS supported activities.10
O. Preliminary assessment and review refers to an informal assessment or review of facts to determine only whether an allegation or set of circumstances has sufficient evidence to support an inquiry into research misconduct. The assessment or review, which may take place, if at all, prior to the initiation of an inquiry, will usually be conducted by the Research Integrity Ombudsperson, in consultation with such others as he or she may believe appropriate. A preliminary assessment or review should be conducted only to determine whether to proceed with an inquiry, not to substitute for an inquiry, and should be conducted in such a manner as not to compromise the integrity of any subsequent inquiry.
P. Preponderance of the evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not.11
Q. Public Health Serviceor PHS means the unit within HHS that includes the Office of Public Health and Science and the following Operating Divisions: Agency for Healthcare Research and Quality, Agency for Toxic Substances and Disease Registry, Centers for Disease Control and Prevention, Food and Drug Administration, Health Resources and Services Administration, Indian Health Service, National Institutes of Health, and the Substance Abuse and Mental Health Services Administration, and the offices of the Regional Health Administrators.12
R. PHS support means PHS funding, or applications or proposals therefore, for biomedical or behavioral research, biomedical or behavioral research training, or activities related to that research or training, that may be provided through: PHS grants, cooperative agreements, or contracts or subgrants or subcontracts under those PHS funding instruments; or salary or other payments under PHS grants, cooperative agreements or contracts.13
S. Records of research misconduct proceedings means: (1) the research records and evidence secured for the research misconduct proceeding pursuant to this policy and 42 CFR §§ 93.305, 93.307(b), and 93.310(d), except to the extent the Research Integrity Ombudsperson determines and documents that those records are not relevant to the proceeding or that the records duplicate other records that have been retained; (2) the documentation of the determination of irrelevant or duplicate records; (3) the inquiry report and final documents (not drafts) produced in the course of preparing that report, including the documentation of any decision not to investigate, as required by 42 CFR § 93.309(c); (4) the investigation report and all records (other than drafts of the report) in support of the report, including the recordings or transcripts of each interview conducted; and (5) the complete record of any appeal within the institution from the finding of research misconduct.14
T. Researchmeans a systematic investigation designed to develop or contribute to knowledge, and includes both sponsored research and non-sponsored research, that involves use of University personnel, patients, students, facilities or resources, or the expenditure of University or affiliated corporation funds. The term includes clinical and health-related research, and behavioral and social science research, and encompasses basic and applied research and product development.
U. Research Integrity Ombudsperson means the institutional official responsible for: (1) assessing allegations of research misconduct to determine if they fall within the definition of research misconduct, are covered by 42 CFR Part 93, and warrant an inquiry on the basis that the allegation is sufficiently credible and specific so that potential evidence of research misconduct may be identified; and (2) overseeing inquiries and investigations; and (3) the other responsibilities described in this policy. Associate Research Integrity Ombudsperson means the individual, selected in the same manner as the Research Integrity Ombudsperson and similarly qualified, who assumes the Research Integrity Ombudsperson's responsibilities in the event he or she is unavailable or recused.
V. Research misconductmeans fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Fabrication is making up data or results and recording or reporting them. Falsification is manipulating research materials, equipment, or processes, or changing or omitting data or results such that the research is not accurately represented in the research record. Plagiarism is the appropriation of another person's ideas, processes, results, or words without giving appropriate credit.15 Plagiarism also means the substantial unattributed copying of another's ideas, processes, results, or words. Substantial unattributed copying of another's ideas, processes, results, or words means the unattributed verbatim or nearly verbatim copying of sentences and paragraphs, style or structure which materially mislead the audience regarding the contributions of the author. Plagiarism does not include authorship or credit disputes, including those among former collaborators who have gone their separate ways but may make use of commonly developed concepts, methods, descriptive language, or other products of the former joint effort. Research misconduct does not include honest error or differences of opinion.15
W. Research misconduct proceedingmeans any actions related to alleged research misconduct that is within 42 CFR Part 93, including but not limited to, allegation assessments, inquiries, investigations, ORI oversight reviews, hearings and administrative appeals.16
X. Research record means the record of data or results that embody the facts resulting from scientific inquiry, including but not limited to, research proposals; grant or contract applications, whether funded or not; grant or contract progress and other reports; laboratory notebooks; notes; correspondence; videos; photographs; X-ray film; slides; biological materials; computer files and printouts; manuscripts and publications; equipment use logs; laboratory records both physical and electronic; laboratory procurement records; animal facility records; human and animal subject protocols; consent forms; medical charts; patient research files; abstracts, theses, oral presentations, internal reports, and journal articles, and any documents and materials provided to HHS or an institutional official by a respondent in the course of the research misconduct proceeding.17 The record of data or results may be any data, document, computer file, computer diskette, or any other written or non-written account or object that reasonably may be expected to provide evidence or information regarding the proposed, conducted, or reported research that constitutes the subject of an allegation of scientific misconduct.
Y. Respondent means the person(s) against whom an allegation of research misconduct is directed or who is the subject of a research misconduct proceeding.18
Z. Retaliation means an adverse action taken against a complainant, witness, or committee member by this institution or one of its institutional members in response to (1) a good faith allegation of research misconduct; or (2) good faith cooperation with a research misconduct proceeding.19
AA. Sequestration of records means the location, collection, inventorying, and securing of research records and other relevant documents and materials for the purpose of preventing loss, alteration, or fraudulent creation of records.
III. Rights and Responsibilities
Research Integrity Ombudsperson
The Executive Vice President for Research will appoint the Research Integrity Ombudsperson who will have primary responsibility for implementation of the institution's policies and procedures on research misconduct. The Research Integrity Ombudsperson will be an institutional official who is well qualified to administer the procedures and is sensitive to the varied demands made on those who conduct research, those who are accused of research misconduct, those who make good faith allegations of research misconduct, and those who may serve on inquiry and investigation committees.
All parties participating in an inquiry and / or investigation of research misconduct have a shared responsibility to maintain confidentiality in order to protect the reputations of all parties involved. This responsibility is shared among the complainant, respondent, ombudperson(s), inquiry / investigation committee members, witnesses, advisor(s), institutional officials and support staff involved in the proceedings.
A detailed listing of the responsibilities of the Research Integrity Ombudsperson is set forth in Appendix A. These responsibilities include the following duties related to research misconduct proceedings:
• Consult confidentially with persons uncertain about whether to submit an allegation of research misconduct;
• Receive allegations of research misconduct;
• Assess each allegation of research misconduct in accordance with Section V.A. of this policy to determine whether it falls within the definition of research misconduct and warrants an inquiry;
• As necessary, take interim action and notify ORI of special circumstances, in accordance with Section IV.F. of this policy;
• Sequester research data and evidence pertinent to the allegation of research misconduct in accordance with Section V.C. of this policy and maintain it securely in accordance with this policy and applicable law and regulation;
• Provide confidentiality to those involved in the research misconduct proceeding as required by 42 CFR § 93.108, other applicable law, and institutional policy;
• Notify the respondent and provide opportunities for him/her to review/ comment/respond to allegations, evidence, and committee reports in accordance with Section III.C. of this policy;
• Inform respondents, complainants, and witnesses of the procedural steps in the research misconduct proceeding;
• Appoint the chair and members of the inquiry and investigation committees, ensure that those committees are properly staffed and that there is expertise appropriate to carry out a thorough and authoritative evaluation of the evidence;
• Determine whether each person involved in handling an allegation of research misconduct has an unresolved personal, professional, or financial conflict of interest and take appropriate action, including recusal, to ensure that no person with such conflict is involved in the research misconduct proceeding;
• In cooperation with other institutional officials, take all reasonable and practical steps to protect or restore the positions and reputations of all parties to a dispute and counter potential or actual retaliation against them by other parties to the dispute or other institutional members;
• Keep the Deciding Official and others who need to know apprised of the progress of the review of the allegation of research misconduct;
• Notify and make reports to ORI as required by 42 CFR Part 93;
• Ensure that administrative actions taken by the institution and ORI are enforced and take appropriate action to notify other involved parties, such as sponsors, law enforcement agencies, professional societies, and licensing boards of those actions; and
• Maintain records of the research misconduct proceeding and make them available to ORI in accordance with Section VIII.F. of this policy.
Complainant
All parties participating in an inquiry and / or investigation of research misconduct have a shared responsibility to maintain confidentiality in order to protect the reputations of all parties involved in the proceedings. This responsibility is shared among the complainant, respondent, ombudperson(s), inquiry / investigation committee members, witnesses, advisor(s), institutional officials and support staff involved in the proceedings.
The complainant is responsible for making allegations in good faith and cooperating with the inquiry and investigation. As a matter of good practice, the complainant should be interviewed at the inquiry stage and given the transcript or recording of the interview for correction. The complainant must be interviewed during an investigation, and be given the transcript or recording of the interview for correction.20
Respondent
All parties participating in an inquiry and / or investigation of research misconduct have a shared responsibility to maintain confidentiality in order to protect the reputations of all parties involved in the proceedings. This responsibility is shared among the complainant, respondent, ombudperson(s), inquiry / investigation committee members, witnesses, advisor(s), institutional officials and support staff involved in the proceedings.
The respondent is responsible for cooperating with the conduct of an inquiry and investigation. The respondent is entitled to:
• A good faith effort from the Research Integrity Ombudsperson to notify the respondent in writing at the time of or before beginning an inquiry;21
• An opportunity to comment on the inquiry report and have his/her comments attached to the report;22
• Be notified of the outcome of the inquiry, and receive a copy of the inquiry report that includes a copy of, or refers to 42 CFR Part 93 and the institution's policies and procedures on research misconduct;23
• Be notified in writing of the allegations to be investigated within a reasonable time after the determination that an investigation is warranted, but before the investigation begins (within 30 business days after the institution decides to begin an investigation), and be notified in writing of any new allegations, not addressed in the inquiry or in the initial notice of investigation, within a reasonable time after the determination to pursue those allegations;24
• Be interviewed during the investigation, have the opportunity to correct the recording or transcript, and have the corrected recording or transcript included in the record of the investigation;25
• Have interviewed during the investigation any witness who has been reasonably identified by the respondent as having information on relevant aspects of the investigation, have the recording or transcript provided to the witness for correction, and have the corrected recording or transcript included in the record of investigation;26 and
• Receive a copy of the draft investigation report and, concurrently, a copy of, or supervised access to the evidence on which the report is based, and be notified that any comments must be submitted within 30 business days of the date on which the copy was received and that the comments will be considered by the investigation committee and deciding official and addressed in the final report.27
The respondent should be given the opportunity to admit that research misconduct occurred and that he/she committed the research misconduct. With the advice of the Research Integrity Ombudsperson and institutional legal counsel, the Deciding Official may terminate the institution's review of an allegation that has been admitted if the institution's acceptance of the admission and any proposed settlement is approved by ORI.28
Deciding Official
The DO will receive the inquiry report and after consulting with the Research Integrity Ombudsperson, decide whether an investigation is warranted under the criteria in 42 CFR § 93.307(d). Any finding that an investigation is warranted must be made in writing by the DO and must be provided to ORI, together with a copy of the inquiry report meeting the requirements of 42 CFR § 93.309, within 30 business days of the finding. If it is found that an investigation is not warranted, the DO and the Research Integrity Ombudsperson will ensure that detailed documentation of the inquiry is retained for at least 7 years after termination of the inquiry, so that ORI may assess the reasons why the institution decided not to conduct an investigation.29
The DO will receive the investigation report and, after consulting with the Research Integrity Ombudsperson and other appropriate officials, decide the extent to which this institution accepts the findings of the investigation and, if research misconduct is found, decide what, if any, institutional administrative actions are appropriate. The DO shall ensure that the final investigation report, the findings of the DO and a description of the pending or completed administrative action are provided to ORI, as required by 42 CFR § 93.315.
IV. General Policies and Principles
A. Responsibility to Report Misconduct
All institutional members will report observed, suspected, or apparent research misconduct to the Research Integrity Ombudsperson. Any official who receives an allegation of research misconduct must report it immediately to the Research Integrity Ombudsperson. If an individual is unsure whether a suspected incident falls within the definition of research misconduct, the individual may meet with or contact the Research Integrity Ombudsperson at:
A. Allegation means a disclosure of possible research misconduct through any means of communication. The disclosure may be by written or oral statement or other communication to an institutional or HHS official.3
B. Business Daymeans a day in which the Institution is operating, regardless of whether classes are in session.[2]
C. Complainant means a person who in good faith makes an allegation of research misconduct.4
D. Conflict of interest in the context of research misconduct proceedings means the real or apparent possibility that the interests of one person may compromise or affect the interests of another person due to prior or existing personal, familial, financial, or professional relationships.
E. Deciding Official (DO) means the institutional official who makes final determinations on allegations of research misconduct and any institutional administrative actions. The Executive Vice President for Research and Innovation at the University of Louisville is the Deciding Official for purposes of these "Policies and Procedures For Responding To Allegations of Research Misconduct" and for purposes of satisfying federal PHS (ORI) policy requirements established in 42 CFR Part 93 for the handling of allegations or instances of research misconduct.
F. Evidence means any document, tangible item, or testimony offered or obtained during a research misconduct proceeding that tends to prove or disprove the existence of an alleged fact.5
G. Good faith as applied to a complainant or witness, means having a belief in the truth of one's allegation or testimony that a reasonable person in the complainant's or witness's position could have based on the information known to the complainant or witness at the time. An allegation or cooperation with a research misconduct proceeding is not in good faith if it is made with knowing or reckless disregard for information that would negate the allegation or testimony. Good faith as applied to a committee member means cooperating with the purpose of helping an institution meet its responsibilities under 42 CFR Part 93. A committee member does not act in good faith if his/her acts or omissions on the committee are dishonest or influenced by personal, professional, or financial conflicts of interest with those involved in the research misconduct proceeding.6
H. HHS means the United States Department of Health and Human Services.
I. Inquiry means preliminary information-gathering and preliminary fact-finding that meets the criteria and follows the procedures of 42 CFR §§ 93.307-93.309.7 It is intended to allow a careful look into a situation without tainting reputations of possibly innocent individuals.
J. Inquiry Committee refers to the three- (3)-person committee that is charged with conducting an inquiry. The Research Integrity Ombudsperson, shall make the appointments, in consultation with other institutional officials as appropriate.
K. Institutional member means a person who is employed by, is an agent of, or is affiliated by contract or agreement with an institution. Institutional members may include, but are not limited to, officials, tenured and untenured faculty, teaching and support staff, researchers, research coordinators, clinical technicians, postdoctoral and other fellows, students, volunteers, agents, and contractors, subcontractors, and sub-awardees, and their employees.8
L. Investigation means the formal development of a factual record and the examination of that record leading to a decision not to make a finding of research misconduct or to a recommendation for a finding of research misconduct which may include a recommendation for other appropriate actions, including administrative actions.9 An investigation is a formal examination and evaluation of all relevant facts to determine if misconduct has occurred, and, if so, to determine the responsible person and the seriousness of the misconduct. There are generally three aspects to an investigation: the gathering and reviewing of evidence and testimony (which may include a hearing); the formulation of findings of fact and conclusions regarding the commission of research misconduct; the preparation of a written report.
M. Investigation Committee refers to the five-(5)-member committee that is charged with conducting an investigation. The Research Integrity Ombudsperson shall make the appointments, in consultation with other institutional officials as appropriate. One of the five Investigation Committee members may be appointed from another institution.
N. Office of Research Integrity or ORI means the office to which the HHS Secretary has delegated responsibility for addressing research integrity and misconduct issues related to PHS supported activities.10
O. Preliminary assessment and review refers to an informal assessment or review of facts to determine only whether an allegation or set of circumstances has sufficient evidence to support an inquiry into research misconduct. The assessment or review, which may take place, if at all, prior to the initiation of an inquiry, will usually be conducted by the Research Integrity Ombudsperson, in consultation with such others as he or she may believe appropriate. A preliminary assessment or review should be conducted only to determine whether to proceed with an inquiry, not to substitute for an inquiry, and should be conducted in such a manner as not to compromise the integrity of any subsequent inquiry.
P. Preponderance of the evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not.11
Q. Public Health Serviceor PHS means the unit within HHS that includes the Office of Public Health and Science and the following Operating Divisions: Agency for Healthcare Research and Quality, Agency for Toxic Substances and Disease Registry, Centers for Disease Control and Prevention, Food and Drug Administration, Health Resources and Services Administration, Indian Health Service, National Institutes of Health, and the Substance Abuse and Mental Health Services Administration, and the offices of the Regional Health Administrators.12
R. PHS support means PHS funding, or applications or proposals therefore, for biomedical or behavioral research, biomedical or behavioral research training, or activities related to that research or training, that may be provided through: PHS grants, cooperative agreements, or contracts or subgrants or subcontracts under those PHS funding instruments; or salary or other payments under PHS grants, cooperative agreements or contracts.13
S. Records of research misconduct proceedings means: (1) the research records and evidence secured for the research misconduct proceeding pursuant to this policy and 42 CFR §§ 93.305, 93.307(b), and 93.310(d), except to the extent the Research Integrity Ombudsperson determines and documents that those records are not relevant to the proceeding or that the records duplicate other records that have been retained; (2) the documentation of the determination of irrelevant or duplicate records; (3) the inquiry report and final documents (not drafts) produced in the course of preparing that report, including the documentation of any decision not to investigate, as required by 42 CFR § 93.309(c); (4) the investigation report and all records (other than drafts of the report) in support of the report, including the recordings or transcripts of each interview conducted; and (5) the complete record of any appeal within the institution from the finding of research misconduct.14
T. Researchmeans a systematic investigation designed to develop or contribute to knowledge, and includes both sponsored research and non-sponsored research, that involves use of University personnel, patients, students, facilities or resources, or the expenditure of University or affiliated corporation funds. The term includes clinical and health-related research, and behavioral and social science research, and encompasses basic and applied research and product development.
U. Research Integrity Ombudsperson means the institutional official responsible for: (1) assessing allegations of research misconduct to determine if they fall within the definition of research misconduct, are covered by 42 CFR Part 93, and warrant an inquiry on the basis that the allegation is sufficiently credible and specific so that potential evidence of research misconduct may be identified; and (2) overseeing inquiries and investigations; and (3) the other responsibilities described in this policy. Associate Research Integrity Ombudsperson means the individual, selected in the same manner as the Research Integrity Ombudsperson and similarly qualified, who assumes the Research Integrity Ombudsperson's responsibilities in the event he or she is unavailable or recused.
V. Research misconductmeans fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Fabrication is making up data or results and recording or reporting them. Falsification is manipulating research materials, equipment, or processes, or changing or omitting data or results such that the research is not accurately represented in the research record. Plagiarism is the appropriation of another person's ideas, processes, results, or words without giving appropriate credit.15 Plagiarism also means the substantial unattributed copying of another's ideas, processes, results, or words. Substantial unattributed copying of another's ideas, processes, results, or words means the unattributed verbatim or nearly verbatim copying of sentences and paragraphs, style or structure which materially mislead the audience regarding the contributions of the author. Plagiarism does not include authorship or credit disputes, including those among former collaborators who have gone their separate ways but may make use of commonly developed concepts, methods, descriptive language, or other products of the former joint effort. Research misconduct does not include honest error or differences of opinion.15
W. Research misconduct proceedingmeans any actions related to alleged research misconduct that is within 42 CFR Part 93, including but not limited to, allegation assessments, inquiries, investigations, ORI oversight reviews, hearings and administrative appeals.16
X. Research record means the record of data or results that embody the facts resulting from scientific inquiry, including but not limited to, research proposals; grant or contract applications, whether funded or not; grant or contract progress and other reports; laboratory notebooks; notes; correspondence; videos; photographs; X-ray film; slides; biological materials; computer files and printouts; manuscripts and publications; equipment use logs; laboratory records both physical and electronic; laboratory procurement records; animal facility records; human and animal subject protocols; consent forms; medical charts; patient research files; abstracts, theses, oral presentations, internal reports, and journal articles, and any documents and materials provided to HHS or an institutional official by a respondent in the course of the research misconduct proceeding.17 The record of data or results may be any data, document, computer file, computer diskette, or any other written or non-written account or object that reasonably may be expected to provide evidence or information regarding the proposed, conducted, or reported research that constitutes the subject of an allegation of scientific misconduct.
Y. Respondent means the person(s) against whom an allegation of research misconduct is directed or who is the subject of a research misconduct proceeding.18
Z. Retaliation means an adverse action taken against a complainant, witness, or committee member by this institution or one of its institutional members in response to (1) a good faith allegation of research misconduct; or (2) good faith cooperation with a research misconduct proceeding.19
AA. Sequestration of records means the location, collection, inventorying, and securing of research records and other relevant documents and materials for the purpose of preventing loss, alteration, or fraudulent creation of records.
The Executive Vice President for Research will appoint the Research Integrity Ombudsperson who will have primary responsibility for implementation of the institution's policies and procedures on research misconduct. The Research Integrity Ombudsperson will be an institutional official who is well qualified to administer the procedures and is sensitive to the varied demands made on those who conduct research, those who are accused of research misconduct, those who make good faith allegations of research misconduct, and those who may serve on inquiry and investigation committees.
All parties participating in an inquiry and / or investigation of research misconduct have a shared responsibility to maintain confidentiality in order to protect the reputations of all parties involved. This responsibility is shared among the complainant, respondent, ombudperson(s), inquiry / investigation committee members, witnesses, advisor(s), institutional officials and support staff involved in the proceedings.
A detailed listing of the responsibilities of the Research Integrity Ombudsperson is set forth in Appendix A. These responsibilities include the following duties related to research misconduct proceedings:
• Consult confidentially with persons uncertain about whether to submit an allegation of research misconduct;
• Receive allegations of research misconduct;
• Assess each allegation of research misconduct in accordance with Section V.A. of this policy to determine whether it falls within the definition of research misconduct and warrants an inquiry;
• As necessary, take interim action and notify ORI of special circumstances, in accordance with Section IV.F. of this policy;
• Sequester research data and evidence pertinent to the allegation of research misconduct in accordance with Section V.C. of this policy and maintain it securely in accordance with this policy and applicable law and regulation;
• Provide confidentiality to those involved in the research misconduct proceeding as required by 42 CFR § 93.108, other applicable law, and institutional policy;
• Notify the respondent and provide opportunities for him/her to review/ comment/respond to allegations, evidence, and committee reports in accordance with Section III.C. of this policy;
• Inform respondents, complainants, and witnesses of the procedural steps in the research misconduct proceeding;
• Appoint the chair and members of the inquiry and investigation committees, ensure that those committees are properly staffed and that there is expertise appropriate to carry out a thorough and authoritative evaluation of the evidence;
• Determine whether each person involved in handling an allegation of research misconduct has an unresolved personal, professional, or financial conflict of interest and take appropriate action, including recusal, to ensure that no person with such conflict is involved in the research misconduct proceeding;
• In cooperation with other institutional officials, take all reasonable and practical steps to protect or restore the positions and reputations of all parties to a dispute and counter potential or actual retaliation against them by other parties to the dispute or other institutional members;
• Keep the Deciding Official and others who need to know apprised of the progress of the review of the allegation of research misconduct;
• Notify and make reports to ORI as required by 42 CFR Part 93;
• Ensure that administrative actions taken by the institution and ORI are enforced and take appropriate action to notify other involved parties, such as sponsors, law enforcement agencies, professional societies, and licensing boards of those actions; and
• Maintain records of the research misconduct proceeding and make them available to ORI in accordance with Section VIII.F. of this policy.
All parties participating in an inquiry and / or investigation of research misconduct have a shared responsibility to maintain confidentiality in order to protect the reputations of all parties involved in the proceedings. This responsibility is shared among the complainant, respondent, ombudperson(s), inquiry / investigation committee members, witnesses, advisor(s), institutional officials and support staff involved in the proceedings.
The complainant is responsible for making allegations in good faith and cooperating with the inquiry and investigation. As a matter of good practice, the complainant should be interviewed at the inquiry stage and given the transcript or recording of the interview for correction. The complainant must be interviewed during an investigation, and be given the transcript or recording of the interview for correction.20
All parties participating in an inquiry and / or investigation of research misconduct have a shared responsibility to maintain confidentiality in order to protect the reputations of all parties involved in the proceedings. This responsibility is shared among the complainant, respondent, ombudperson(s), inquiry / investigation committee members, witnesses, advisor(s), institutional officials and support staff involved in the proceedings.
The respondent is responsible for cooperating with the conduct of an inquiry and investigation. The respondent is entitled to:
• A good faith effort from the Research Integrity Ombudsperson to notify the respondent in writing at the time of or before beginning an inquiry;21
• An opportunity to comment on the inquiry report and have his/her comments attached to the report;22
• Be notified of the outcome of the inquiry, and receive a copy of the inquiry report that includes a copy of, or refers to 42 CFR Part 93 and the institution's policies and procedures on research misconduct;23
• Be notified in writing of the allegations to be investigated within a reasonable time after the determination that an investigation is warranted, but before the investigation begins (within 30 business days after the institution decides to begin an investigation), and be notified in writing of any new allegations, not addressed in the inquiry or in the initial notice of investigation, within a reasonable time after the determination to pursue those allegations;24
• Be interviewed during the investigation, have the opportunity to correct the recording or transcript, and have the corrected recording or transcript included in the record of the investigation;25
• Have interviewed during the investigation any witness who has been reasonably identified by the respondent as having information on relevant aspects of the investigation, have the recording or transcript provided to the witness for correction, and have the corrected recording or transcript included in the record of investigation;26 and
• Receive a copy of the draft investigation report and, concurrently, a copy of, or supervised access to the evidence on which the report is based, and be notified that any comments must be submitted within 30 business days of the date on which the copy was received and that the comments will be considered by the investigation committee and deciding official and addressed in the final report.27
The respondent should be given the opportunity to admit that research misconduct occurred and that he/she committed the research misconduct. With the advice of the Research Integrity Ombudsperson and institutional legal counsel, the Deciding Official may terminate the institution's review of an allegation that has been admitted if the institution's acceptance of the admission and any proposed settlement is approved by ORI.28
The DO will receive the inquiry report and after consulting with the Research Integrity Ombudsperson, decide whether an investigation is warranted under the criteria in 42 CFR § 93.307(d). Any finding that an investigation is warranted must be made in writing by the DO and must be provided to ORI, together with a copy of the inquiry report meeting the requirements of 42 CFR § 93.309, within 30 business days of the finding. If it is found that an investigation is not warranted, the DO and the Research Integrity Ombudsperson will ensure that detailed documentation of the inquiry is retained for at least 7 years after termination of the inquiry, so that ORI may assess the reasons why the institution decided not to conduct an investigation.29
The DO will receive the investigation report and, after consulting with the Research Integrity Ombudsperson and other appropriate officials, decide the extent to which this institution accepts the findings of the investigation and, if research misconduct is found, decide what, if any, institutional administrative actions are appropriate. The DO shall ensure that the final investigation report, the findings of the DO and a description of the pending or completed administrative action are provided to ORI, as required by 42 CFR § 93.315.
A. Responsibility to Report Misconduct
All institutional members will report observed, suspected, or apparent research misconduct to the Research Integrity Ombudsperson. Any official who receives an allegation of research misconduct must report it immediately to the Research Integrity Ombudsperson. If an individual is unsure whether a suspected incident falls within the definition of research misconduct, the individual may meet with or contact the Research Integrity Ombudsperson at:
Belknap Research Integrity Ombudsperson
Michael Perlin, Ph.D.
Biology, 502-852-5944
Health Sciences:
Health Sciences Research Integrity Ombudsperson - Eleanor Lederer, MD
Medicine - Kidney Disease, 502-852-5757
to discuss the suspected research misconduct informally, which may include discussing it anonymously and/or hypothetically. If the circumstances described by the individual do not meet the definition of research misconduct, the Research Integrity Ombudsperson will refer the individual or allegation to other offices or officials with responsibility for resolving the problem.
At any time, an institutional member may have confidential discussions and consultations about concerns of possible misconduct with the Research Integrity Ombudsperson and will be counseled about appropriate procedures for reporting allegations.
B. Cooperation with Research Misconduct Proceedings
Institutional members will cooperate with the Research Integrity Ombudsperson and other institutional officials in the review of allegations and the conduct of inquiries and investigations. Institutional members, including respondents, have an obligation to provide evidence relevant to research misconduct allegations to the Research Integrity Ombudsperson or other institutional officials.
The Research Integrity Ombudsperson shall, as required by 42 CFR § 93.108: (1) limit disclosure of the identity of respondents and complainants to those who need to know in order to carry out a thorough, competent, objective and fair research misconduct proceeding; and (2) except as otherwise prescribed by law, limit the disclosure of any records or evidence from which research subjects might be identified to those who need to know in order to carry out a research misconduct proceeding. The Research Integrity Ombudsperson should use written confidentiality agreements or other mechanisms to ensure that the recipient does not make any further disclosure of identifying information. The Research Integrity Ombudsperson should provide confidentiality for witnesses when the circumstances indicate that the witnesses may be harassed or otherwise need protection.
All parties participating in an inquiry and / or investigation of research misconduct have a shared responsibility to maintain confidentiality in order to protect the reputations of all parties involved in the proceedings. This responsibility is shared among the complainant, respondent, ombudperson(s), inquiry / investigation committee members, witnesses, advisor and support staff involved in the proceedings.
D. Protecting complainants, witnesses, and committee members
Institutional members may not retaliate in any way against complainants, witnesses, or committee members. Institutional members should immediately report any alleged or apparent retaliation against complainants, witnesses or committee members to the Research Integrity Ombudsperson, who shall review the matter and, as necessary, make all reasonable and practical efforts to counter any potential or actual retaliation and protect and restore the position and reputation of the person against whom the retaliation is directed.
As requested and as appropriate, the Research Integrity Ombudsperson and other institutional officials shall make all reasonable and practical efforts to protect or restore the reputation of persons alleged to have engaged in research misconduct, but against whom no finding of research misconduct is made.30
During the research misconduct proceeding, the Research Integrity Ombudsperson is responsible for ensuring that respondents receive all the notices and opportunities provided for in 42 CFR Part 93 and the policies and procedures of the institution. Respondents may consult with legal counsel or non-lawyer personal adviser(s) (who is not a principal or witness in the case) to seek advice and may bring the counsel or personal adviser to interviews or meetings on the case. Respondents are limited to the presence of one adviser or legal representative at convened meetings of the inquiry and / or investigation committee and the presence of the adviser or legal representative does not negate the requirement for the respondent to be present.
F. Interim Administrative Actions and Notifying ORI of Special Circumstances
Throughout the research misconduct proceeding, the Research Integrity Ombudsperson will review the situation to determine if there is any threat of harm to public health, federal funds and equipment, or the integrity of the PHS supported research process. In the event of such a threat, the Research Integrity Ombudsperson will, in consultation with other institutional officials and ORI, take appropriate interim action to protect against any such threat.31 Interim action might include additional monitoring of the research process and the handling of federal funds and equipment, reassignment of personnel or of the responsibility for the handling of federal funds and equipment, additional review of research data and results or delaying publication. The Research Integrity Ombudsperson shall, at any time during a research misconduct proceeding, notify ORI immediately if he/she has reason to believe that any of the following conditions exist:
• Health or safety of the public is at risk, including an immediate need to protect human or animal subjects;
• HHS resources or interests are threatened;
• Research activities should be suspended;
• There is a reasonable indication of possible violations of civil or criminal law;
• Federal action is required to protect the interests of those involved in the research misconduct proceeding;
• The research misconduct proceeding may be made public prematurely and HHS action may be necessary to safeguard evidence and protect the rights of those involved; or
• The research community or public should be informed.32
V. Conducting the Assessment and Inquiry
Upon receiving an allegation of research misconduct, the Research Integrity Ombudsperson will immediately assess the allegation to determine whether it is sufficiently credible and specific so that potential evidence of research misconduct may be identified, whether it is within the jurisdictional criteria of 42 CFR § 93.102(b), and whether the allegation falls within the definition of research misconduct in this policy and 42 CFR § 93.103.33 An inquiry must be conducted if these criteria are met.
The assessment period should be brief, preferably concluded within a week. In conducting the assessment, the Research Integrity Ombudsperson need not interview the complainant, respondent, or other witnesses, or gather data beyond any that may have been submitted with the allegation, except as necessary to determine whether the allegation is sufficiently credible and specific so that potential evidence of research misconduct may be identified. The Research Integrity Ombudsperson shall, on or before the date on which the respondent is notified of the allegation, obtain custody of, inventory, and sequester all research records and evidence needed to conduct the research misconduct proceeding, as provided in paragraph C. of this section.
B. Initiation and Purpose of the Inquiry
If the Research Integrity Ombudsperson determines that the criteria for an inquiry are met, he or she will immediately initiate the inquiry process. The purpose of the inquiry is to conduct an initial review of the available evidence to determine whether to conduct an investigation. An inquiry does not require a full review of all the evidence related to the allegation.34
C. Notice to Respondent; Sequestration of Research Records
At the time of or before beginning an inquiry, the Research Integrity Ombudsperson must make a good faith effort to notify the respondent in writing, if the respondent is known. If the inquiry subsequently identifies additional respondents, they must be notified in writing. On or before the date on which the respondent is notified, or the inquiry begins, whichever is earlier, the Research Integrity Ombudsperson must take all reasonable and practical steps to obtain custody of all the research records and evidence needed to conduct the research misconduct proceeding, inventory the records and evidence and sequester them in a secure manner, except that where the research records or evidence encompass scientific instruments shared by a number of users, custody may be limited to copies of the data or evidence on such instruments, so long as those copies are substantially equivalent to the evidentiary value of the instruments.35 The Research Integrity Ombudsperson may consult with ORI for advice and assistance in this regard.
D. Appointment of the Inquiry Committee
The Research Integrity Ombudsperson, in consultation with other institutional officials as appropriate, will appoint an inquiry committee and committee chair within 10 business days of the initiation of the inquiry or as soon thereafter as practical. The inquiry committee must consist of individuals who do not have unresolved personal, professional, or financial conflicts of interest with those involved with the inquiry. The committee will be a core committee of three members who are authorized to add or recuse members and use experts when necessary to evaluate specific allegations. Additional committee members should include individuals with the appropriate scientific expertise to evaluate the evidence and issues related to the allegation, interview the principals and key witnesses, and conduct the inquiry.36
The Research Integrity Ombudsperson or designee will notify the respondent of the proposed committee membership to give the respondent an opportunity to object to a proposed member based upon a personal, professional, or financial conflict of interest. The period for submitting objections is limited to no more than 10 business days. The Research Integrity Ombudsperson would make the final determination of whether a conflict exists.
E. Charge to the Committee and First Meeting
The Research Integrity Ombudsperson will prepare a charge for the inquiry committee that:
• Sets forth the time for completion of the inquiry;
• Describes the allegations and any related issues identified during the allegation assessment;
• States that the purpose of the inquiry is to conduct an initial review of the evidence, including the testimony of the respondent, complainant and key witnesses, to determine whether an investigation is warranted, not to determine whether research misconduct definitely occurred or who was responsible;
• States that an investigation is warranted if the committee determines: (1) there is a reasonable basis for concluding that the allegation falls within the definition of research misconduct and is within the jurisdictional criteria of 42 CFR § 93.102(b); and, (2) the allegation may have substance, based on the committee's review during the inquiry;
• Informs the inquiry committee that they are responsible for preparing or directing the preparation of a written report of the inquiry that meets the requirements of this policy and 42 CFR § 93.309(a).
At the committee's first meeting, the Research Integrity Ombudsperson will review the charge with the committee, discuss the allegations, any related issues, and the appropriate procedures for conducting the inquiry, assist the committee with organizing plans for the inquiry, and answer any questions raised by the committee. The Research Integrity Ombudsperson will be present or available throughout the inquiry to advise the committee as needed.
The inquiry committee will normally interview the complainant, the respondent, and key witnesses as well as examining relevant research records and materials. Then the inquiry committee will evaluate the evidence, including the testimony obtained during the inquiry. After consultation with the Research Integrity Ombudsperson, the committee members will decide whether an investigation is warranted based on the criteria in this policy and 42 CFR § 93.307(d). The scope of the inquiry is not required to and does not normally include deciding whether misconduct definitely occurred, determining definitely who committed the research misconduct or conducting exhaustive interviews and analyses. However, if a legally sufficient admission of research misconduct is made by the respondent, misconduct may be determined at the inquiry stage if all relevant issues are resolved. In that case, the institution shall promptly consult with ORI to determine the next steps that should be taken. See Section III.C.
The inquiry, including preparation of the final inquiry report and the decision of the DO on whether an investigation is warranted, must be completed within 60 business days of initiation of the inquiry, unless the Research Integrity Ombudsperson determines that circumstances clearly warrant a longer period. If the Research Integrity Ombudsperson approves an extension, the inquiry record must include documentation of the reasons for exceeding the 60-business day period.37 The respondent will be notified of the extension.
A. Elements of the Inquiry Report
A written inquiry report must be prepared that includes the following information: (1) the name and position of the respondent; (2) a description of the allegations of research misconduct; (3) the PHS support, including, for example, grant numbers, grant applications, contracts and publications listing PHS support; (4) the basis for recommending or not recommending that the allegations warrant an investigation; (5) any comments on the draft report by the respondent or complainant.38
Institutional counsel should review the report for legal sufficiency. Modifications should be made as appropriate in consultation with the Research Integrity Ombudsperson and the inquiry committee. The inquiry report should include: the names and titles of the committee members and experts who conducted the inquiry; a summary of the inquiry process used; a list of the research records reviewed; summaries of any interviews; and whether any other actions should be taken if an investigation is not recommended.
B. Notification to the Respondent and Opportunity to Commit
The Research Integrity Ombudsperson shall notify the respondent whether the inquiry found an investigation to be warranted, include a copy of the draft inquiry report for comment within 10 business days, and include a copy of or refer to 42 CFR Part 93 and the institution's policies and procedures on research misconduct.39
Any comments that are submitted will be attached to the final inquiry report. Based on the comments, the inquiry committee may revise the draft report as appropriate and prepare it in final form. The committee will deliver the final report to the Research Integrity Ombudsperson.
C. Institutional Decision and Notification
The Research Integrity Ombudsperson will transmit the final inquiry report and any comments to the DO, who will determine in writing whether an investigation is warranted. The inquiry is completed when the DO makes this determination.
Within 30 business days of the DO's decision that an investigation is warranted, the Research Integrity Ombudsperson will provide ORI with the DO's written decision and a copy of the inquiry report. The Research Integrity Ombudsperson will also notify those institutional officials who need to know of the DO's decision. The Research Integrity Ombudsperson must provide the following information to ORI upon request: (1) the institutional policies and procedures under which the inquiry was conducted; (2) the research records and evidence reviewed, transcripts or recordings of any interviews, and copies of all relevant documents; and (3) the charges to be considered in the investigation.40
If the DO decides that an investigation is not warranted, the Research Integrity Ombudsperson shall secure and maintain for 7 years after the termination of the inquiry sufficiently detailed documentation of the inquiry to permit a later assessment by ORI of the reasons why an investigation was not conducted. These documents must be provided to ORI or other authorized HHS personnel upon request.
VII. Conducting the Investigation
The investigation must begin within 30 business days after the determination by the DO that an investigation is warranted.41 The purpose of the investigation is to develop a factual record by exploring the allegations in detail and examining the evidence in depth, leading to recommended findings on whether research misconduct has been committed, by whom, and to what extent. The investigation will also determine whether there are additional instances of possible research misconduct that would justify broadening the scope beyond the initial allegations. This is particularly important where the alleged research misconduct involves clinical trials or potential harm to human subjects or the general public or if it affects research that forms the basis for public policy, clinical practice, or public health practice. The findings of the investigation will be set forth in an investigation report.
B. Notifying ORI and Respondent; Sequestration of Research Records
On or before the date on which the investigation begins, the Research Integrity Ombudsperson must: (1) notify the ORI Director of the decision to begin the investigation and provide ORI a copy of the inquiry report; and (2) notify the respondent in writing of the allegations to be investigated. The Research Integrity Ombudsperson must also give the respondent written notice of any new allegations of research misconduct within a reasonable amount of time of deciding to pursue allegations not addressed during the inquiry or in the initial notice of the investigation.42
The Research Integrity Ombudsperson will, prior to notifying respondent of the allegations, take all reasonable and practical steps to obtain custody of and sequester in a secure manner all research records and evidence needed to conduct the research misconduct proceeding that were not previously sequestered during the inquiry. Where the research records or evidence encompass scientific instruments shared by a number of users, custody may be limited to copies of the data or evidence on such instruments, so long as those copies are substantially equivalent to the evidentiary value of the instruments. The need for additional sequestration of records for the investigation may occur for any number of reasons, including the institution's decision to investigate additional allegations not considered during the inquiry stage or the identification of records during the inquiry process that had not been previously secured. The procedures to be followed for sequestration during the investigation are the same procedures that apply during the inquiry.43
C. Appointment of the Investigation Committee
The Research Integrity Ombudsperson, in consultation with other institutional officials as appropriate, will appoint an investigation committee and the committee chair within 10 business days of the beginning of the investigation or as soon thereafter as practical. The investigation committee must consist of individuals who do not have unresolved personal, professional, or financial conflicts of interest with those involved with the investigation and should include individuals with the appropriate scientific expertise to evaluate the evidence and issues related to the allegation, interview the respondent and complainant and conduct the investigation. Individuals appointed to the investigation committee may also have served on the inquiry committee. When necessary to secure the necessary expertise or to avoid conflicts of interest, the Research Integrity Ombudsperson may select a committee member from outside the institution. When utilizing expertise from outside the institution, the Research Integrity Ombudsperson will secure confidentiality agreements from all external experts. In addition, all external experts consulted will serve in an ex-officio capacity only.
The Research Integrity Ombudsperson or designee will notify the respondent of the proposed committee membership to give the respondent an opportunity to object to a proposed member based upon a personal, professional, or financial conflict of interest. The period for submitting objections is limited to no more than 10 business days. The Research Integrity Ombudsperson would make the final determination of whether a conflict exists.
D. Charge to the Committee and the First Meeting
The Research Integrity Ombudsperson will define the subject matter of the investigation in a written charge to the committee that:
• Describes the allegations and related issues identified during the inquiry;
• Identifies the respondent;
• Informs the committee that it must conduct the investigation as prescribed in paragraph E. of this section;
• Defines research misconduct;
• Informs the committee that it must evaluate the evidence and testimony to determine whether, based on a preponderance of the evidence, research misconduct occurred and, if so, the type and extent of it and who was responsible;
• Informs the committee that in order to determine that the respondent committed research misconduct it must find that a preponderance of the evidence establishes that: (1) research misconduct, as defined in this policy, occurred (respondent has the burden of proving by a preponderance of the evidence any affirmative defenses raised, including honest error or a difference of opinion); (2) the research misconduct is a significant departure from accepted practices of the relevant research community; and (3) the respondent committed the research misconduct intentionally, knowingly, or recklessly; and
• Informs the committee that it must prepare or direct the preparation of a written investigation report that meets the requirements of this policy and 42 CFR § 93.313.
The Research Integrity Ombudsperson will convene the first meeting of the investigation committee to review the charge, the inquiry report, and the prescribed procedures and standards for the conduct of the investigation, including the necessity for confidentiality and for developing a specific investigation plan. The investigation committee will be provided with a copy of this policy and 42 CFR Part 93. The Research Integrity Ombudsperson will be present or available throughout the investigation to advise the committee as needed.
The investigation committee and the Research Integrity Ombudsperson must:
• Use diligent efforts to ensure that the investigation is thorough and sufficiently documented and includes examination of all research records and evidence relevant to reaching a decision on the merits of each allegation;44
• Take reasonable steps to ensure an impartial and unbiased investigation to the maximum extent practical;45
• Interview each respondent, complainant, and any other available person who has been reasonably identified as having information regarding any relevant aspects of the investigation, including witnesses identified by the respondent, and record or transcribe each interview, provide the recording or transcript to the interviewee for correction, and include the recording or transcript in the record of the investigation;46 and
• Pursue diligently all significant issues and leads discovered that are determined relevant to the investigation, including any evidence of any additional instances of possible research misconduct, and continue the investigation to completion.47
The investigation is to be completed within 120 business days of beginning it, including conducting the investigation, preparing the report of findings, providing the draft report for comment and sending the final report to ORI. However, if the Research Integrity Ombudsperson determines that the investigation will not be completed within this 120-business day period, he/she will submit to ORI a written request for an extension, setting forth the reasons for the delay. The Research Integrity Ombudsperson will ensure that periodic progress reports are filed with ORI, if ORI grants the request for an extension and directs the filing of such reports.48
VIII. The Investigation Report
A. Elements of the Investigation Report
The investigation committee and the Research Integrity Ombudsperson are responsible for preparing a written draft report of the investigation that:
• Describes the nature of the allegation of research misconduct, including identification of the respondent;
• Describes and documents the PHS support, including, for example, the numbers of any grants that are involved, grant applications, contracts, and publications listing PHS support;
• Describes the specific allegations of research misconduct considered in the investigation;
• Includes the institutional policies and procedures under which the investigation was conducted, unless those policies and procedures were provided to ORI previously;
• Identifies and summarizes the research records and evidence reviewed and identifies any evidence taken into custody but not reviewed; and
• Includes a statement of findings for each allegation of research misconduct identified during the investigation.49 Each statement of findings must: (1) identify whether the research misconduct was falsification, fabrication, or plagiarism, and whether it was committed intentionally, knowingly, or recklessly; (2) summarize the facts and the analysis that support the conclusion and consider the merits of any reasonable explanation by the respondent, including any effort by respondent to establish by a preponderance of the evidence that he or she did not engage in research misconduct because of honest error or a difference of opinion; (3) identify the specific PHS support; (4) identify whether any publications need correction or retraction; (5) identify the person(s) responsible for the misconduct; and (6) list any current support or known applications or proposals for support that the respondent has pending with non-PHS federal agencies.50
The Research Integrity Ombudsperson must give the respondent a copy of the draft investigation report for comment and, concurrently, a copy of, or supervised access to the evidence on which the report is based. The respondent will be allowed 30 business days from the date he/she received the draft report to submit comments to the Research Integrity Ombudsperson. The respondent's comments must be included and considered in the final report.51
In distributing the draft report, or portions thereof, to the respondent, the Research Integrity Ombudsperson will inform the recipient of the confidentiality under which the draft report is made available and may establish reasonable conditions to ensure such confidentiality. For example, the Research Integrity Ombudsperson may require that the recipient sign a confidentiality agreement.
C. Decision by Deciding Official
The Research Integrity Ombudsperson will assist the investigation committee in finalizing the draft investigation report, including ensuring that the respondent's comments are included and considered, and transmit the final investigation report to the DO, who will determine in writing: (1) whether the institution accepts the investigation report, its findings, and the recommended institutional actions; and (2) the appropriate institutional actions in response to the accepted findings of research misconduct. If this determination varies from the findings of the investigation committee, the DO will, as part of his/her written determination, explain in detail the basis for rendering a decision different from the findings of the investigation committee. Alternatively, the DO may return the report to the investigation committee with a request for further fact-finding or analysis.
When a final decision on the case has been reached, the Research Integrity Ombudsperson will normally notify both the respondent and the complainant in writing. After informing ORI, the DO will determine whether law enforcement agencies, professional societies, professional licensing boards, editors of journals in which reports containing research misconduct may have been published, collaborators of the respondent in the work, or other relevant parties should be notified of the outcome of the case. The Research Integrity Ombudsperson is responsible for ensuring compliance with all notification requirements of funding or sponsoring agencies.
D. Notice to ORI of Institutional Findings and Actions
Unless an extension has been granted, the Research Integrity Ombudsperson must, within the 120-business day period for completing the investigation, submit the following to ORI: (1) a copy of the final investigation report with all attachments; (2) a statement of whether the institution accepts the findings of the investigation report; (3) a statement of whether the institution found misconduct and, if so, who committed the misconduct; and (4) a description of any pending or completed administrative actions against the respondent.52
E. Maintaining Records for Review by ORI
The Research Integrity Ombudsperson must maintain and provide to ORI upon request "records of research misconduct proceedings" as that term is defined by 42 CFR § 93.317. Unless custody has been transferred to HHS or ORI has advised in writing that the records no longer need to be retained, records of research misconduct proceedings must be maintained in a secure manner for 7 years after completion of the proceeding or the completion of any PHS proceeding involving the research misconduct allegation.53 The Research Integrity Ombudsperson is also responsible for providing any information, documentation, research records, evidence or clarification requested by ORI to carry out its review of an allegation of research misconduct or of the institution's handling of such an allegation.54
IX. Completion of Cases; Reporting Premature Closures to ORI
Generally, all inquiries and investigations will be carried through to completion and all significant issues will be pursued diligently. The Research Integrity Ombudsperson must notify ORI in advance if there are plans to close a case at the inquiry, investigation, or appeal stage on the basis that respondent has admitted guilt, a settlement with the respondent has been reached, or for any other reason, except: (1) closing of a case at the inquiry stage on the basis that an investigation is not warranted; or (2) a finding of no misconduct at the investigation stage, which must be reported to ORI, as prescribed in this policy and 42 CFR § 93.315.55
X. Institutional Administrative Actions
If the DO determines that research misconduct is substantiated by the findings, he or she will decide on the appropriate actions to be taken, after consultation with the Research Integrity Ombudsperson. The sanctions and corrective action will be imposed as required by law and in accordance with the Redbook as appropriate. The administrative actions will follow the following guidelines:
·Mitigating factors, such as past disciplinary record, as well as the nature of the offense and injury or harm resulting from it, shall be considered;
·Repeated violations may result in more severe sanctions;
·Attempts to commit acts prohibited by these policies and procedures shall be treated in the same manner as completed violations.
The termination of the respondent's institutional employment, by resignation or otherwise, before or after an allegation of possible research misconduct has been reported, will not preclude or terminate the research misconduct proceeding or otherwise limit any of the institution's responsibilities under 42 CFR Part 93.
If the respondent, without admitting to the misconduct, elects to resign his or her position after the institution receives an allegation of research misconduct, the assessment of the allegation will proceed, as well as the inquiry and investigation, as appropriate based on the outcome of the preceding steps. If the respondent refuses to participate in the process after resignation, the Research Integrity Ombudsperson and any inquiry or investigation committee will use their best efforts to reach a conclusion concerning the allegations, noting in the report the respondent's failure to cooperate and its effect on the evidence.
B. Restoration of the Respondent's Reputation
Following a final finding of no research misconduct, including ORI concurrence where required by 42 CFR Part 93, the Research Integrity Ombudsperson will, at the request of the respondent, undertake all reasonable and practical efforts to restore the respondent's reputation.56 Depending on the particular circumstances and the views of the respondent, the Research Integrity Ombudsperson should consider notifying those individuals aware of or involved in the investigation of the final outcome, publicizing the final outcome in any forum in which the allegation of research misconduct was previously publicized, and expunging all reference to the research misconduct allegation from the respondent's personnel file. Any institutional actions to restore the respondent's reputation should first be approved by the DO.
C. Protection of the Complainant, Witnesses and Committee Members
During the research misconduct proceeding and upon its completion, regardless of whether the institution or ORI determines that research misconduct occurred, the Research Integrity Ombudsperson will undertake all reasonable and practical efforts to protect the position and reputation of, or to counter potential or actual retaliation against, any complainant who made allegations of research misconduct in good faith and of any witnesses and committee members who cooperate in good faith with the research misconduct proceeding.57 The DO will determine, after consulting with the Research Integrity Ombudsperson, and with the complainant, witnesses, or committee members, respectively, what steps, if any, are needed to restore their respective positions or reputations or to counter potential or actual retaliation against them. The Research Integrity Ombudsperson is responsible for implementing any steps the DO approves.
D. Allegations Not Made in Good Faith
If relevant, the DO will determine whether the complainant's allegations of research misconduct were made in good faith, or whether a witness or committee member acted in good faith. If the DO determines that there was an absence of good faith he/she will determine whether any administrative action should be taken against the person who failed to act in good faith in accordance with University policy.
1 42 CFR § 93.214
2 42 CFR § 93.102
3 42 CFR § 93.201
4 42 CFR § 93.203
5 42 CFR § 93.208
6 42 CFR § 93.210
7 42 CFR § 93.212
8 42 CFR § 93.214
9 42 CFR § 93.215
10 42 CFR § 93.217
11 42 CFR § 93.219
12 42 CFR § 93.220
13 42 CFR § 93.221
14 42 CFR § 93.224
15 42 CFR § 93.103
16 42 CFR § 93.223
17 42 CFR § 93.224
18 42 CFR § 93.225
19 42 CFR § 93.226
20 42 CFR § 93.310(g)
21 42 CFR §§ 93.304(c), 93.307(b)
22 42 CFR §§ 93.304(e), 93.307(f)
23 42 CFR § 308(a)
24 42 CFR § 310(c)
25 42 CFR § 310(g)
26 42 CFR § 310(g)
27 42 CFR §§ 93.304(f), 93.312(a)
28 42 CFR § 93.316
29 42 CFR § 93.309(c)
30 42 CFR § 93.304(k)
31 42 CFR § 93.304(h)
32 42 CFR § 93.318
33 42 CFR § 93.307(a)
34 42 CFR § 93.307(c)
35 42 CFR §§ 93.305, 93.307(b)
36 42 CFR § 93.304(b)
37 42 CFR § 93.307(g)
38 42 CFR § 93.309(a)
39 42 CFR § 93.308(a)
40 42 CFR § 93.309(a) and (b)
41 42 CFR § 93.310(a)
42 42 CFR § 93.310(b) and (c)
43 42 CFR § 93.310(d)
44 42 CFR § 93.310(e)
45 42 CFR § 93.310(f)
46 42 CFR § 93.310(g)
47 42 CFR § 93.310(h)
48 42 CFR § 93.311
49 42 CFR § 93.313
50 42 CFR § 93.313(f)
51 42 CFR §§ 93.312(a), 313(g)
52 42 CFR § 93.315
53 42 CFR § 93.317(b)
54 42 CFR §§ 93.300(g), 93.403(b) and (d)
55 42 CFR § 93.316(a)
56 42 CFR § 93.304(k)
57 42 CFR § 93.304(l)
PART 93--PUBLIC HEALTH SERVICE POLICIES ON RESEARCH MISCONDUCT
The complete regulatory text can be found at: https://ori.hhs.gov/sites/default/files/42_cfr_parts_50_and_93_2005.pdf
Appendix B: Research Integrity Ombudsperson Responsibilities
The Research Integrity Ombudsperson has lead responsibility for ensuring that the institution:
- Takes all reasonable and practical steps to foster a research environment that promotes the responsible conduct of research, research training, and activities related to that research or research training, discourages research misconduct, and deals promptly with allegations or evidence of possible research misconduct.
- Has written policies and procedures for responding to allegations of research misconduct and reporting information about that response to ORI, as required by 42 CFR Part 93.
- Complies with its written policies and procedures and the requirements of 42 CFR Part 93.
- Informs its institutional members who are subject to 42 CFR Part 93 about its research misconduct policies and procedures and its commitment to compliance with those policies and procedures.
- Takes appropriate interim action during a research misconduct proceeding to protect public health, federal funds and equipment, and the integrity of the PHS supported research process.
II. Notice and Reporting to ORI and Cooperation with ORI
The Research Integrity Ombudsperson has lead responsibility for ensuring that the institution:
- Files an annual report with ORI containing the information prescribed by ORI.
- Sends to ORI with the annual report such other aggregated information as ORI may prescribe on the institution's research misconduct proceedings and the institution's compliance with 42 CFR Part 93.
- Notifies ORI immediately if, at any time during the research misconduct proceeding, it has reason to believe that health or safety of the public is at risk, HHS resources or interests are threatened, research activities should be suspended, there is reasonable indication of possible violations of civil or criminal law, federal action is required to protect the interests of those involved in the research misconduct proceeding, the institution believes that the research misconduct proceeding may be made public prematurely, or the research community or the public should be informed.
- Provides ORI with the written finding by the responsible institutional official that an investigation is warranted and a copy of the inquiry report, within 30 business days of the date on which the finding is made.
- Notifies ORI of the decision to begin an investigation on or before the date the investigation begins.
- Within 120 business days of beginning an investigation, or such additional days as may be granted by ORI, (or upon completion of any appeal made available by the institution) provides ORI with the investigation report, a statement of whether the institution accepts the investigation's findings, a statement of whether the institution found research misconduct and, if so, who committed it, and a description of any pending or completed administrative actions against the respondent.
- Seeks advance ORI approval if the institution plans to close a case at the inquiry, investigation, or appeal stage on the basis that the respondent has admitted guilt, a settlement with the respondent has been reached, or for any other reason, except the closing of a case at the inquiry stage on the basis that an investigation is not warranted or a finding of no misconduct at the investigation stage.
- Cooperates fully with ORI during its oversight review and any subsequent administrative hearings or appeals, including providing all research records and evidence under the institution's control, custody, or possession and access to all persons within its authority necessary to develop a complete record of relevant evidence.
III. Research Misconduct Proceeding
A. General
The Research Integrity Ombudsperson is responsible for:
- Promptly taking all reasonable and practical steps to obtain custody of all research records and evidence needed to conduct the research misconduct proceeding, inventory the records and evidence, and sequester them in a secure manner.
- Taking all reasonable and practical steps to ensure the cooperation of respondents and other institutional members with research misconduct proceedings, including, but not limited to their providing information, research records and evidence.
- Providing confidentiality to those involved in the research misconduct proceeding as required by 42 CFR 93.108, other applicable law, and institutional policy.
- Determining whether each person involved in handling an allegation of research misconduct has an unresolved personal, professional or financial conflict of interest and taking appropriate action, including recusal, to ensure that no person with such a conflict is involved in the research misconduct proceeding.
- Keeping the Deciding Official (DO) and others who need to know apprised of the progress of the review of the allegation of research misconduct.
- In cooperation with other institutional officials, taking all reasonable and practical steps to protect or restore the positions and reputations of good faith complainants, witnesses, and committee members and to counter potential or actual retaliation against them by respondents or other institutional members.
- Making all reasonable and practical efforts, if requested and as appropriate, to protect or restore the reputation of persons alleged to have engaged in research misconduct, but against whom no finding of research misconduct is made.
- Assisting the DO in implementing his/her decision to take administrative action against any complainant, witness, or committee member determined by the DO not to have acted in good faith.
- Maintaining records of the research misconduct proceeding, as defined in 42 CFR 93.317, in a secure manner for 7 years after completion of the proceeding, or the completion of any ORI proceeding involving the allegation of research misconduct, whichever is later, unless custody of the records has been transferred to ORI or ORI has advised that the records no longer need to be retained.
- Ensuring that administrative actions taken by the institution and ORI are enforced and taking appropriate action to notify other involved parties, such as sponsors, law enforcement agencies, professional societies, and licensing boards, of those actions.
B. Allegation Receipt and Assessment
The Research Integrity Ombudsperson is responsible for:
- Consulting confidentially with persons uncertain about whether to submit an allegation of research misconduct.
- Receiving allegations of research misconduct.
- Assessing each allegation of research misconduct to determine if an inquiry is warranted because the allegation falls within the definition of research misconduct, is within the jurisdictional criteria of 42 CFR 93.102 (b), and is sufficiently credible and specific so that potential evidence of research misconduct may be identified.
C. Inquiry
The Research Integrity Ombudsperson is responsible for:
- Initiating the inquiry process if it is determined that an inquiry is warranted.
- At the time of, or before beginning the inquiry, making a good faith effort to notify the respondent in writing, if the respondent is known.
- On or before the date on which the respondent is notified, or the inquiry begins, whichever is earlier, taking all reasonable and practical steps to obtain custody of all research records and evidence needed to conduct the research misconduct proceeding, inventorying the records and evidence and sequestering them in a secure manner, except that where the research records or evidence encompass scientific instruments shared by a number of users, custody may be limited to copies of the data or evidence on the instruments, so long as those copies are substantially equivalent to the evidentiary value of the instruments.
- Appointing an inquiry committee and committee chair as soon after the initiation of the inquiry as is practical.
- Preparing a charge for the inquiry committee in accordance with the institution's policies and procedures.
- Convening the first meeting of the inquiry committee and at that meeting briefing the committee on the allegations, the charge to the committee, and the appropriate procedures for conducting the inquiry, including the need for confidentiality and for developing a plan for the inquiry, and assisting the committee with organizational and other issues that may arise.
- Providing the inquiry committee with needed logistical support, e.g., expert advice, including forensic analysis of evidence, and clerical support, including arranging witness interviews and recording or transcribing those interviews.
- Being available or present throughout the inquiry to advise the committee as needed and consulting with the committee prior to its decision on whether to recommend that an investigation is warranted on the basis of the criteria in the institution's policies and procedures and 42 CFR 93.307 (d).
- Determining whether circumstances clearly warrant a period longer than 60 business days to complete the inquiry (including preparation of the final inquiry report and the decision of the DO on whether an investigation is warranted), approving an extension if warranted, and documenting the reasons for exceeding the 60-business day period in the record of the research misconduct proceeding.
- Assisting the inquiry committee in preparing a draft inquiry report, sending the respondent a copy of the draft report for comment (and the complainant if the institution's policies provide that option) within a time period that permits the inquiry to be completed within the allotted time, taking appropriate action to protect the confidentiality of the draft report, receiving any comments from the respondent (and the complainant if the institution's policies provide that option), and ensuring that the comments are attached to the final inquiry report.
- Receiving the final inquiry report from the inquiry committee and forwarding it, together with any comments the Research Integrity Ombudsperson may wish to make, to the DO who will determine in writing whether an investigation is warranted.
- Within 30 business days of a DO decision that an investigation is warranted, providing ORI with the written finding and a copy of the inquiry report and notifying those institutional officials who need to know of the decision.
- Notifying the respondent (and the complainant if the institution's policies provide that option) whether the inquiry found an investigation to be warranted and including in the notice copies of or a reference to 42 CFR Part 93 and the institution's research misconduct policies and procedures.
- Providing to ORI, upon request, the institutional policies and procedures under which the inquiry was conducted, the research records and evidence reviewed, transcripts or recordings of any interviews, copies of all relevant documents, and the charges to be considered in the investigation.
- If the DO decides that an investigation is not warranted, securing and maintaining for 7 years after the termination of the inquiry sufficiently detailed documentation of the inquiry to permit a later assessment by ORI of the reasons why an investigation was not conducted.
D. Investigation
The Research Integrity Ombudsperson is responsible for:
- Initiating the investigation within 30 business days after the determination by the DO that an investigation is warranted.
- On or before the date on which the investigation begins: (1) notifying ORI of the decision to begin the investigation and providing ORI a copy of the inquiry report; and (2) notifying the respondent in writing of the allegations to be investigated.
- Prior to notifying respondent of the allegations, taking all reasonable and practical steps to obtain custody of and sequester in a secure manner all research records and evidence needed to conduct the research misconduct proceeding that were not previously sequestered during the inquiry.
- In consultation with other institutional officials as appropriate, appointing an investigation committee and committee chair as soon after the initiation of the investigation as is practical.
- Preparing a charge for the investigation committee in accordance with the institution's policies and procedures.
- Convening the first meeting of the investigation committee and at that meeting: (1) briefing the committee on the charge, the inquiry report and the procedures and standards for the conduct of the investigation, including the need for confidentiality and developing a specific plan for the investigation; and (2) providing committee members a copy of the institution's policies and procedures and 42 CFR Part 93.
- Providing the investigation committee with needed logistical support, e.g., expert advice, including forensic analysis of evidence, and clerical support, including arranging interviews with witnesses and recording or transcribing those interviews.
- Being available or present throughout the investigation to advise the committee as needed.
- On behalf of the institution, the Research Integrity Ombudsperson is responsible for each of the following steps and for ensuring that the investigation committee: (1) uses diligent efforts to conduct an investigation that includes an examination of all research records and evidence relevant to reaching a decision on the merits of the allegations and that is otherwise thorough and sufficiently documented; (2) takes reasonable steps to ensure an impartial and unbiased investigation to the maximum extent practical; (3) interviews each respondent, complainant, and any other available person who has been reasonably identified as having information regarding any relevant aspects of the investigation, including witnesses identified by the respondent, and records or transcribes each interview, provides the recording or transcript to the interviewee for correction, and includes the recording or transcript in the record of the research misconduct proceeding; and (4) pursues diligently all significant issues and leads discovered that are determined relevant to the investigation, including any evidence of any additional instances of possible research misconduct, and continues the investigation to completion.
- Upon determining that the investigation cannot be completed within 120 business days of its initiation (including providing the draft report for comment and sending the final report with any comments to ORI), submitting a request to ORI for an extension of the 120-business day period that includes a statement of the reasons for the extension. If the extension is granted, the Research Integrity Ombudsperson will file periodic progress reports with ORI.
- Assisting the investigation committee in preparing a draft investigation report that meets the requirements of 42 CFR Part 93 and the institution's policies and procedures, sending the respondent (and complainant at the institution's option) a copy of the draft report for his/her comment within 30 business days of receipt, taking appropriate action to protect the confidentiality of the draft report, receiving any comments from the respondent (and complainant at the institution's option) and ensuring that the comments are included and considered in the final investigation report.
- Transmitting the draft investigation report to institutional counsel for a review of its legal sufficiency.
- Assisting the investigation committee in finalizing the draft investigation report and receiving the final report from the committee.
- Transmitting the final investigation report to the DO and: (1) if the DO determines that further fact-finding or analysis is needed, receiving the report back from the DO for that purpose; (2) if the DO determines whether or not to accept the report, its findings and the recommended institutional actions, transmitting to ORI within the time period for completing the investigation, a copy of the final investigation report with all attachments, a statement of whether the institution accepts the findings of the report, a statement of whether the institution found research misconduct, and if so, who committed it, and a description of any pending or completed administrative actions against the respondent; or (3) if the institution provides for an appeal by the respondent that could result in a modification or reversal of the DO's finding of research misconduct, ensuring that the appeal is completed within 120 business days of its filing, or seeking an extension from ORI in writing (with an explanation of the need for the extension) and, upon completion of the appeal, transmitting to ORI a copy of the investigation report with all attachments, a copy of the appeal proceedings, a statement of whether the institution accepts the findings of the appeal proceeding, a statement of whether the institution found research misconduct, and if so, who committed it, and a description of any pending or completed administrative actions against the respondent.
- When a final decision on the case is reached, the Research Integrity Ombudsperson will normally notify both the respondent and the complainant in writing and will determine whether law enforcement agencies, professional societies, professional licensing boards, editors of involved journals, collaborators of the respondent, or other relevant parties should be notified of the outcome of the case.
- Maintaining and providing to ORI upon request all relevant research records and records of the institution's research misconduct proceeding, including the results of all interviews and the transcripts or recordings of those interview.
[1] Sections based on 42 CFR Part 93 have endnotes indicating the applicable section.
[2] This is the case whether an individual is on leave and / or between appointment intervals (e.g. summer term or ten month appointment). An individual's status does not impact whether a day is a treated as a business day.
Official University Administrative Policy
Policy Name:
Individual Conflict of Interest
Effective Date:
June 27 1983
Policy Number:
Not applicable
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students and affiliated researchers
Policy Statement:
This policy governs conflicts of interest and applies to situations involving covered individuals. It is the policy of the University of Louisville to ensure its transactions are conducted with integrity. It is the policy of the University of Louisville to require disclosure of external interests from covered individuals in order to manage, reduce, and/or eliminate identified conflicts of interest. This policy, and its associated policies, outlines the guiding principles and procedures utilized by the University of Louisville to identify and manage conflicts of interest that present a significant risk to actual or perceived objectivity of transactions conducted in the name of the University of Louisville.
The following principles shall assist covered individuals and the Institution in addressing individual conflict of interest:
I. The Institution encourages covered individuals to engage in professional and business interaction with public and private entities. However, such professional activities can create conflicts of interest or the appearance of conflicts of interest that must be addressed.
II. Disclosure of external and professional interests is essential to allow for review by the Institution.
III. The Institution's review process shall assist covered individuals and the Institution in avoiding or controlling risks to the Institution's integrity and reputation, while at the same time protecting and furthering the interests of covered individuals, the Institution, and society in the activities supported by sponsored research, contributions and external relationships.
IV. Covered individuals shall not engage in activities in which there is an unresolved conflict of interest.
The president or delegate shall:
a) Establish an oversight process and administrative policies and procedures to address individual conflicts of interest and to identify situations in which individual conflicts of interest may arise;
b) Implement a plan to manage, reduce, or eliminate individual conflicts of interest; and
c) Ensure that the oversight process, policies, and procedures established for identifying and addressing individual conflicts of interest conform to federal regulations related to conflict of interest and objectivity in research.
Annually, covered individuals must complete an Attestation & Disclosure Form (ADF), regardless of the existence of any potential conflict. Under certain circumstances, they also must file an additional ADF if a change in external and/or professional activities occurs.
Related Information:
Addressing Potential Individual Conflict of Interest Policy and Procedures (available at https://louisville.edu/policies/policies-and-procedures/pageholder/pol-conflict-of-interest-and-commitment).
Policy Reasoning:
In pursuit of its mission as a public institution of higher education, the University of Louisville seeks excellence in the quality of its research, in the teaching and education it provides to its students, and in the service it provides to the broader community. Accomplishment of its missions inevitably leads to increasingly close relationships between the University of Louisville members and those with outside interests in the broader community. The benefits that potentially accrue from this proximity are accompanied by real or apparent risks that external interests might compromise University decisions by influencing the judgment of the institution or one of its members.
This policy governs individual conflict of interest and applies to covered individuals at the University of Louisville (Institution). This policy covers academic, business, clinical and research transactions and activities conducted under the auspices of and / or for the benefit of the University of Louisville.
Definitions:
Associated Entity. Associated entity shall mean any trust, organization, or enterprise over which the covered individual, alone or together with an immediate family member, holds a controlling interest.
Contribution. A donation of assets to the University or its foundations. Assets may be in the form of cash, securities, tangible personal property, partnership interests, or pledges for acceptable assets that are assigned to the University.
Controlling Interest. Shall mean the covered individual or immediate family member's ownership of an entity is sufficient to grant the covered individual the power to direct the entity's management.
Covered Individual. Shall mean all University employees. It also includes other individuals with responsibility for the design, performance, or reporting of Institution research, regardless of pay or enrollment status. It also includes individuals conducting research at the University of Louisville, or using University of Louisville researchers, or using University of Louisville facilities or resources.
Individual Conflict of Interest. An individual conflict of interest shall mean a situation that compromises a covered individual's professional judgment in carrying out Institution teaching, research, outreach, or public service activities because of an external relationship that directly or indirectly affects an external interest of the covered individual, an immediate family member, or an associated entity.
Institutional Official. Persons holding administrator positions, including those holding these positions in a temporary capacity. This term includes, but is not limited to individuals serving as: Deans, Associate Deans, and Assistant Deans; Institute and Center Directors; General Counsel; University Compliance Officers; Director of Audit Services; Provost, Vice Provosts, Associate Vice Provosts, and Assistant Vice Provosts; President, Executive Vice Presidents, Senior Vice Presidents, Vice Presidents, Associate Vice Presidents, and Assistant Vice Presidents; and chairs of the Institutional Review Board, Institutional Biosafety Committee, Institutional Animal Care and Use Committee, Conflict Review Board and other similar committees that might be created in the future.
Immediate Family Member. Immediate family member shall mean the covered individual's biological, foster or adoptive parent, a stepparent, spouse, qualifying adult, a biological, adoptive or foster child, a step child, a legal ward or a person whom the covered individual has (or had during the person's youth) daily responsibility and financial support, mother, father, brother, sister, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents, and grandchildren of both the covered individual and spouse and / or qualifying adult.
Qualifying Adult. Shall mean an individual over 18 years of age, and, if a blood relative (or relative by adoption or marriage) must be of the same or younger generation of the covered individual (as used in KRS 391.010), and, must be residing in the covered individual's household and have done so for a period of at least 12 months, and, must be financially interdependent (for example, have joint checking account or joint mortgage) for 12 months or longer, and, must be unmarried.
Responsibilities:
COMPLIANCE WITH THIS POLICY
Covered Individuals are responsible for knowing, understanding, and complying with this policy as it relates to their role, position or employment at the Institution. Covered individuals are responsible for completing an annual attestation that they have received and read this policy and agree to abide by its requirements.
policy
Holidays
Official University Administrative Policy
Policy Name:
Holidays
Effective Date:
May 1 1992
Policy Number:
PER 4 03
Policy Applicability:
This policy applies to University Administrators and Staff
Policy Statement:
The University observes the following holidays:
- New Year's Day
- Martin Luther King Day
- Memorial Day
- Juneteenth
- Independence Day
- Labor Day
- Thanksgiving Day and the following Friday
- Christmas Day
- Tuesday after the first Monday in November in Presidential election years
University holidays will be observed on the calendar day on which each holiday falls, except that a holiday falling on Saturday will be observed on the preceding Friday and a holiday falling on Sunday will be observed on the following Monday. Employees who are regularly scheduled to work on a seven-day-per-week operation will observe Saturday and Sunday holidays on the day which they fall, rather than the preceding Friday or following Monday. The dates of holiday observance will be announced by the Office of the President.
The President of the university may authorize additional days as holidays and extend the length of any holiday.
HOLIDAY PAY
To be paid for a holiday, the employee must be in pay status the last scheduled day of work prior to the holiday and the first scheduled day of work after the holiday. Holidays are considered to extend over a 24-hour period beginning at midnight. Holiday pay will be provided for all hours worked during that period.
Holiday pay is granted on a proportional basis for employees on a fixed, part-time basis of at least 40 percent of the normal full-time working schedule of the department in which he or she is employed.
Non-exempt (classified) employees who are non-grant funded and required to work on any of the designated holidays will be paid at a rate of one-and-a-half times their regular straight time rate for the hours worked plus an additional straight time rate for the holiday.
Non-exempt employees who are non-grant funded and required to work on other holidays, with the exception of winter break, will be paid at a straight time rate for the hours worked plus additional pay at a straight time rate for the holiday.
For additional days authorized as other holidays during winter break, non-exempt employees who are non-grant funded and are required to work will have a choice to:
- Be paid at a straight time rate for hours worked plus additional pay at straight time rate for the holiday during holiday break, or
- Be paid at a straight time rate for hours worked plus receive floating holiday time for hours worked during winter break to use up to 90 days after winter break, as applicable and pre-approved by their immediate supervisor.
Non-exempt employees who receive any portion of their salary from external grants and are required to work on designated holidays will be paid at a rate of one-and-a-half times their regular straight time rate for the hours worked plus receive floating holiday time for designated holidays worked to use up to 90 days after the designated holiday, as applicable and pre-approved by their immediate supervisor.
Non-exempt employees who receive any portion of their salary from external grants and are required to work on days authorized as other holidays will be paid at a straight time rate for the hours worked plus will receive floating holiday time for other holidays worked to use up to 90 days after the other holidays worked, as applicable and pre-approved by their immediate supervisor.
Should overtime hours occur in the week in which the holiday was worked, any overtime hours will be paid at time and one-half the regular straight time rate. Premium pay and overtime for hours worked on holidays will not be duplicated and may not exceed the regular scheduled workday. Floating holiday time may not exceed the regular scheduled workday.
Floating holiday time (designated or other holidays) cannot be used beyond the 90 days after the holiday worked.
Employees will not be eligible for holiday pay during the payment of terminal leave.
Related Information:
Policy on Religious Holy Days and Observances
Supervisors are encouraged to be reasonable when considering the importance of religious holidays to employees. Every effort should be made to allow employees to observe religious holidays. This may be done by allowing employees to substitute a designated holiday for a religious holiday, or by using personal leave, vacation leave, or leave without pay.
Definitions:
Designated holidays are New Year's Day, Martin Luther King Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Other holidays include, but are not limited to, Friday after Thanksgiving Day, the Tuesday after the first Monday in November in Presidential election years, winter break, and any additional days authorized by the President.
http://louisville.edu/hr/policies/definitions
Official University Administrative Policy
Policy Name:
Personal Motorized Transportation Devices Use
Effective Date:
August 6 2019
Policy Applicability:
This policy applies to all individuals including students employees and visitors operating Personal Motorized Transportation Devices including a moped Motor Scooter Electric Low Speed Scooter Micromobility Vehicle or motorcycle on University of Louisville campuses
Policy Statement:
The University of Louisville prohibits the operation of a moped, Motor Scooter, Electric Low-Speed Scooter, motorcycle, and other Personal Motorized Transportation Devices, including Micromobility Vehicles, in UofL buildings, including residence halls and parking garage facilities, or other areas prohibited by UofL signs, state laws, or local ordinances.
Mopeds, Motor Scooters, motorcycles and internal combustion engine scooters shall not be operated on any sidewalk or pedestrian walkways. Individuals may operate Electric Low-Speed Scooters, electric skateboards, e-bikes, and Micromobility Vehicles on any pedestrian walkways or sidewalks located on UofL campuses, on public right of ways, or clearly marked bicycle paths/lanes in accordance with this policy, state laws, and local ordinances.
Individuals should adhere to all applicable laws and ordinances, including the following rules when operating a moped, Motor Scooter, Electric Low-Speed Scooter, Micromobility Vehicle, or motorcycle (each as applicable) on the permitted areas noted above when on UofL campus:
- Must have a valid driver's license to operate a moped or Motor Scooter (KRS 186.410); operators of low-speed scooters must be at least sixteen (16) years of age (KRS 189.289);
- Must have a valid driver's license to operate a motorcycle;
- Must park vehicles in a designated parking area for the vehicle or on public right of way;
- Must operate Personal Motorized Transportation Devices at a safe speed and yield to pedestrians at all times;
- Must operate Micromobility Vehicles on sidewalks, designated bike lanes/paths, or roadways only;
- Must use authorized charging stations to charge Micromobility Vehicles on UofL campus (Please note that charging e-scooters inside University buildings, including residence halls and offices, is prohibited);
- Must operate the Personal Motorized Transportation Device in a safe manner and not in a manner determined to be reckless, including operating while impaired;
- Should wear protective headgear/helmet that is properly fitted; must wear a protective helmet while operating a motorcycle if under the age of 21.
- Should not wear earbuds, headphones, or other similar devices while operating; and
- Vehicle owners must register motorcycles, mopeds, Motors Scooters, Electric Low-Speed Scooters, and e-bikes with the University. Registration opens in early August of the academic year. Individuals are not required to register vehicles owned by third party ride-share companies.
Parking Requirements
UofL requires mopeds, Motor Scooters, Electric Low-Speed Scooters, motorcycles, and other Personal Motorized Transportation Devices, including Micromobility Vehicles, to be parked in designated parking areas applicable to each vehicle type or on public right of ways in accordance with all applicable rules, ordinances, and statutes. E-scooters may not be brought onto shuttle buses, unless they are foldable.
Any Personal Motorized Transportation Device found improperly parked may be cited, booted, immobilized, or impounded, and may be released and retrieved only upon payment of appropriate fines and fees to the department of Parking and Transportation.
Examples of improper parking include, but are not limited to, parking on a sidewalk that blocks access to pedestrian flow, blocking handrails, parking on accessible ramps or other accessible pathway, parking in a pedestrian corridor, parking in a bicycle path/lane, parking in a stairwell, or at the entrance/exit of a building, parking in an area where there is maintenance activity, or parking in landscaping or courtyards.
Impounded and Booted Micromobility Vehicles
Micromobility Vehicles that are not parked at bike racks may be impounded immediately for improper parking. This includes devices that are blocking accessible pathways or are locked to trees, railings, gates or signs.
Bike racks near UofL campus buildings are checked for abandoned devices on an ongoing basis. Devices that are left during the summer months or that appear abandoned (excessive rust, flat tires, missing components) will receive a warning tag. This tag indicates that the device must be moved before a set date, usually one week from the placement of the tag. If the device is not moved, it will be impounded.
Booting, impound, and storage fees will apply. Any locks used to secure an improperly parked Micromobility Vehicle may be removed and possibly damaged by UofL personnel while relocating the vehicle. The University shall not be liable for the cost of repair or replacement of locking devices.
Unregistered Micromobility Vehicles are subject to booting or impoundment. If your Micromobility Vehicle is booted or impounded, you will have 90 calendar days to claim it from Parking and Transportation Services and you must pay any relevant citation, storage and impoundment fees.
Please be aware that if your Micromobility Vehicle was not registered at the time of impoundment, you will be required to register it at the time of retrieval. Parking and Transportation Services is unable to return devices to individuals without proof of ownership.
Protect Your Transportation Device from Theft
When locking your Personal Motorized Transportation Device or Micromobility Vehicle, use a u-lock. The solid steel of a u-lock is more difficult to cut than the braided steel of cable locks or the thinner steel of chain locks. The thicker the lock you purchase, the more difficult it will be to cut.
Always lock your frame to the bike rack with the u-lock. Avoid locking only the front fork or a single wheel, as this can leave the rest of the vehicle vulnerable to theft.
Operators of Personal Motorized Transportation Devices assume full responsibility for any damage to property or personal injuries resulting from their operation of such devices, including injuries to themselves or others caused by the operator's negligence, recklessness, or failure to comply with this policy, applicable laws, or safety regulations.
Exceptions to the Policy
Personal mobility aids (PMAs) designed to support individuals with limited mobility, such as motorized wheelchairs, mobility scooters, and walking aids with powered assistance are exempt from this policy. PMAs are permitted to be operated by persons with disabilities to provide accessibility and reasonable accommodation. Motorized ATVs, carts, lawn equipment, and similar devices are permitted to be operated by UofL employees and/or contractors in the performance of their duties. Internal combustion, or electric powered motor vehicles (such as motorized wheelchairs or lawn equipment), must yield the right of way to pedestrians in circumstances where they are authorized to operate on sidewalks, pedestrian corridors, or bicycle paths/lanes.
Compliance
Individuals in violation of this policy may be subject to disciplinary and/or legal action depending on the nature of the incident and history of previous offenses. Reports of non-compliance shall be reported to UofL Parking and Transportation Services at 852-PARK (7275) or 852-5111. Students may also be charged under the Code of Student Conduct.
Related Information:
KRS 189.285: Regulations for Operating and Riding on Motorcycles
KRS 189.289 Operation of electric low-speed scooter on highway, bicycle lane, or bicycle path
Kentucky Transportation Cabinet - 601 KAR 14:010: Headgear and Eye-Protective Devices
Louisville Metro Ordinance § 74.09 Operation of Mopeds; Rules and Regulations
Louisville Metro Policy - Dockless Vehicle
Map of Designated Parking Areas
Map of Designated Riding Areas with Building Index
Policy Reasoning:
This policy is established to promote personal safety for the University of Louisville (UofL) Community and prevent property damage from the use of Personal Motorized Transportation Devices. It addresses hazards to the personal safety of both operators and pedestrians as well as damage to UofL and/or personal property from the use of Personal Motorized Transportation Devices on sidewalks, pedestrian corridors, bicycle paths/lanes, and roads on and around the UofL campuses.
Definitions:
Personal Motorized Transportation Devices include but are not limited to electric skateboards, boosted boards, electric scooters, mopeds, Motor Scooters, motorized bicycles, e-bikes, Micromobility Vehicles, and motorcycles.
Micromobility Vehicles are a range of lightweight, low-speed vehicles driven by users, such as e-scooters and electric skateboards.
Electric Low-Speed Scooter means a device weighing less than one hundred (100) pounds with handlebars, a floorboard that can be stood upon while riding, and an electric motor with a maximum speed of no greater than twenty (20) miles per hour on a paved level surface when powered solely by the motor. See KRS 189.289. No operator's license is required, but operators must be at least sixteen (16) years of age.
Motor Scooter means a motor-driven vehicle with an engine exceeding fifty (50) cubic centimeters, and a maximum speed capability of no more than fifty (50) miles per hour on level ground. See KRS 186.010(24). Motor scooters require an operator's license, title, registration, and insurance, and operators must wear approved headgear and eye protection. See KRS 189.2851 and 601 KAR 14:010.
Motorcycle, Moped, Low Speed Vehicle, and Alternative Speed Motorcycle are defined in KRS 186.010.
Responsibilities:
Operators of Personal Motorized Transportation Devices are responsible for complying with state laws, local ordinances, and this policy.
University Parking and Transportation Services is responsible for enforcement of this policy and associated regulations, responding to inquiries regarding use of Personal Motorized Transportation Devices, including Micromobility Vehicles on UofL campuses, and interpretation of this policy.
policy
Moving Expenses
Official University Administrative Policy
Policy Name:
Moving Expenses
Effective Date:
May 1 1992
Policy Number:
PER 1 13
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
An employee must meet the following criteria to be eligible to have moving expenses paid by the university:
(1) Be employed to fill a regular, full-time position within the university;
(2) Be faculty, administrator, or professional and administrative staff; and
(3) Use the approved moving company that has a master contract with the university.
Related Information:
Effective January 1, 2018, the Internal Revenue Service (IRS) treats moving expenses as taxable fringe benefits. All moving expenses, whether provided in-kind or reimbursed directly to the employee, are subject to federal, state, and local income tax withholding, social security, and Medicare taxes and will be reported in boxes 1, 3, and 5 of the employee's Form W-2.
Policy Reasoning:
To establish employee eligibility for moving expense reimbursement and to assure maximum cost savings.
Definitions:
http://louisville.edu/hr/policies/definitions
Responsibilities:
The unit head is responsible for deciding whether to pay the cost of moving as part of a recruitment package and arranging funding prior to making any commitments to prospective employees. Funding for the reimbursement of moving expenses must be provided from the unit's operating budget.
policy
Use of Campus Grounds
Official University Administrative Policy
Policy Name:
Use of Campus Grounds
Effective Date:
October 23 2012
Policy Applicability:
This policy applies to activities and or events that take place on the outdoor areas of the University of Louisville campuses and that are sponsored by university community members including registered student organizations faculty staff students and departments
Policy Statement:
Activities and/or events that take place on University of Louisville outdoor areas of campus must be sponsored by members of the university community, which includes registered student organizations, faculty, staff, students, and/or departments. The activity or event must be registered with the director of the Student Activities Center and Special Programs (DSACSP). Non-university organizations, individuals, and third parties are governed by the university's Speech and Distribution of Literature policy and may register consistent with that policy.
Nothing in this policy is intended to impede the members of the university community in the exercise of their rights to free speech and the provisions should be interpreted consistent with the Campus Free Speech Protection Act, KRS 164.348. The generally accessible open outdoor areas of the campus are available for students and faculty to express their views. The free expression of students and faculty is not limited to particular areas of the campus.
The university may limit the number of activities/events taking place to provide the appropriate support for all activities and events. If the university becomes aware of unregistered activities/events being planned or conducted by community members, the organizers and participants may be asked to comply with the registration policy. The DSACSP or other authorized university officials, including the University of Louisville Police Department (ULPD) and/or their designees, reserve the right to cancel, relocate, or adjust the time of an activity/event that could disrupt or interfere with normal operations of the university. Obstructing or impeding the flow of vehicular or pedestrian traffic and/or blocking ingress and egress to buildings is prohibited. Additionally, intentionally and substantially interfering with the freedom of expression of others is prohibited.
Request Requirements and Issuance of a Permit
To request use of campus grounds for an activity/event, an individual, student organization, or department must submit a completed reservation request to the DSACSP including:
- The identity of the host or sponsoring group;
- Their contact information;
- The proposed location, date, and time for the activity/event; and
- A full description of the planned equipment, props, and displays to be used.
Reservation Requests Must be Completed and Approved Prior to the Activity/Event
Permit requirements do not prohibit spontaneous outdoor assemblies or distribution of literature by students or faculty. However, when activities are promoted in advance and/or sponsored by a registered student organization or a department, a reservation request must be completed and approved. Non-university organizations, individuals, and third parties are governed by the university's Speech and Distribution of Literature policy and may register consistent with that policy.
A copy of the reservation confirmation must be available at the activity/event and presented upon request to any university official.
On the reservation request, an individual, student organization or department must submit a request for the preferred date, time, and location of its proposed activity or event. Prior notice is necessary to allow for coordination, planning, and to provide for the safety and security of the campus community. The university will review each request and will work with the requestor in an effort to identify a suitable date, time, and place for the planned activity or event.
Use of Campus Grounds Restrictions and Financial Responsibility
Even after a request has been granted, grounds use may be restricted due to weather or ground conditions. Groups or individuals should plan for an alternate, indoor location in the case of inclement weather or poor ground conditions.
Activities or events that may damage or deface university property (including, but not limited to, stapling posters to trees or taping posters to streetlamp posts) are not permitted.
Trucks, automobiles, vans, ATVs, or trailers are not permitted on lawn areas and are subject to the University's Parking Rules and Regulations. Barbeque grills, soda dispensers, and beverage containers must be located on a paved surface.
All tables, chairs, equipment, trash, and debris must be removed from the lawn area immediately following the activity/event.
The organizer and/or attendees may be responsible for the costs to repair any damage to the lawn or irrigation system (including ruts, large holes, or missing sod) caused by an activity/event.
Amplified Sound
In order to prevent disruption of class and other campus activities, amplified sound will only be allowed on the outdoor Belknap campus spaces designated below under the following provisions:
- For confirmed reservations in the SAC and contiguous surrounding outdoor areas (Red Barn, West Plaza, West Lawn, and South Plaza), amplified sound may be allowed after 10:00 a.m. until the SAC closes.
- For confirmed reservations in outdoor campus spaces beyond those denoted above, amplified sound is not allowed at any time, except with written permission from the DSACSP or their designee.
Structures
Any structures (stages, canopies, etc.) must be fully described in the registration form and will be approved only if they comply with all Metro Louisville and university requirements with respect to health code, building code, fire code, etc. Structures must be open to allow the inside area of the structure to be viewed from the outside to ensure the safety of all individuals. The location of all structures shall be approved by a member of the Physical Plant and/or Student Affairs.
Camping
Camping is not permitted on campus.* Camping includes any of the following:
- Sleeping outdoors, any time between the hours of 10:00 p.m. and 8:00 a.m., with or without camp paraphernalia.
- Setting up a tent.
- Establishing or maintaining outdoors, a temporary or permanent place, or structure for sleeping or cooking by setting up any camp paraphernalia.
- Establishing, or attempting to establish, temporary or permanent living quarters on university property other than residence halls, apartments, or other university housing.
- Sleeping in, on, or under any parked vehicle.
*Under extraordinary circumstances, such as times of natural disaster, with prior, written approval by the President or their designee, camping may be permitted.
External Vendors
Individuals, groups, or community members who wish to utilize campus grounds and who also utilize external vendors are required to adhere to the requirements outlined below.
- Any individual, group, or community member utilizing external vendors seeking to provide services and equipment such as chairs, tables, stages, amplified sound, or bounce houses for events held at the university must adhere to applicable university policies. Any equipment or accessories brought onto the premises by external vendors must meet industry standards.
- Only vendors pre-approved by the university are permitted to operate on campus grounds.
- Individual, groups, or community members should ensure that vendors provide proof of insurance to the DSACSP and comply with all safety regulations outlined by the university.
- If amplified sound is utilized, it must be consistent with this policy and bounce houses must be securely anchored to prevent accidents.
- Any deviation from these requirements will result in immediate removal from the premises and the vendor could be disqualified from future contracts with the university.
Under certain circumstances, Enterprise Risk and Insurance may review events that take place on university property and determine when and if additional insurance requirements are needed. If additional insurance requirements are needed, the individual, group, or community members will be notified through their confirmation notice provided by the Student Activities Center staff and will be responsible for ensuring that the external vendor complies and provides proof of compliance.
Certificate of Insurance Standard Requirements
- $1 million in general liability insurance is required for the event. The University of Louisville must be listed as "additional insured" and the "certificate holder address" must be University of Louisville, 2211 S. Brook Street, Louisville, KY 40208.
- A copy of the liability insurance must be submitted to the Student Activities Center (SAC-Res@louisville.edu).
- Insurance must cover all preset, event, and strike dates.
If an individual or group does not have insurance coverage for their activity/event and it will take place on a university owned facility or property, they may purchase Tenants' and Users' Liability Insurance Policy (TULIP). Contact Enterprise Risk and Insurance for information about purchasing TULIP coverage.
Compliance
The safety and well-being of our students, faculty, staff, administrators, and visitors are of paramount importance, and strict adherence to this policy is non-negotiable. Any individual, group, or community member utilizing the grounds at the university must comply with this policy and all applicable university policies and laws. Failure to abide by this policy or applicable university policies and laws, may result in the loss of privileges to utilize campus grounds and/or additional discipline in accordance with university policy, as appropriate.
Related Information:
Speech and Distribution of Literature Policy
Policy Reasoning:
This policy is intended to provide the university with sufficient notice of activities and events to be held on the university grounds, ensuring that the relevant community members are aware of appropriate university policies. The university can then prepare to support the activity or event, as appropriate.
Definitions:
Camp paraphernalia, as defined in this policy, includes, but is not limited to, tents, tarps, sleeping bags, beds and bedding, cots, mattresses, cooking or warming equipment, or any temporary outdoor shelter.
Campus is any university owned, leased, licensed or operated space, facility, property, grounds, or building.
Registered student organization means any organization that is composed of students that has met the requisite criteria to be registered and have been notified by the Office of Student Involvement that they are officially registered.
Responsibilities:
The director of the Student Activities Center and Special Programs (DSACSP) is responsible for providing awareness and education about this policy. Student Affairs, Physical Plant, and UPLD are responsible for enforcement of this policy.
Official University Administrative Policy
Policy Name:
Youth Protection Program
Effective Date:
January 1 2013
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students Third Party Programs and volunteers
Policy Statement:
The University of Louisville (University) is committed to the health, safety, and welfare of Minor Participants in University-sponsored Programs held on and off University property and complying with the laws regarding Mandated Reporting of known or suspected Abuse, Neglect, or Dependency of a Minor.
Youth Protection Program
I. Program Registration
All University activities that involve a Minor, regardless of location, must be registered with the Department of Enterprise Risk and Insurance (ERI). Registration must occur prior to the start date of the Program and be in accordance with the Youth Protection Program Handbook.
Other than the Program's registration and mandated reporting requirements, the remaining portions of this policy will exclude the following:
- Undergraduate and graduate academic Programs in which Minors are enrolled or accepted for enrollment for academic credit;
- Events that are open to the general public, do not require registration, and Minors may attend at the sole discretion of their parent or guardian;
- Events in which a Minor is accompanied by a parent, guardian, teacher, or coach who will provide and be responsible for supervision of the Minor at all times;
- Programs that have been approved by the Institutional Review Board (IRB);
- Inpatient or outpatient medical, dental, or psychological care provided to a Minor in a clinical setting, do not have to register; and
- Normal operations of licensed childcare facilities.
Any Program that involves or may involve a Minor in any capacity must register the Program with the Department of ERI for review and assessment of specific Program requirements. Aside from the limited exceptions noted above, if the University is providing care, custody or control of a Minor, all Youth Programs, Sponsoring Units, Program Directors, Authorized Adults, Participants, and Third-Party Programs will be subject to this policy and to the procedures and guidelines in the Youth Protection Program Handbook.
II. Background Checks
Prior to the start of a Program and having any interactions with Minors, all Program Directors and Authorized Adults must have a verified current criminal background check. Background checks are required at a minimum of every three (3) years.
If there are changes to the criminal background of an Authorized Adult or Program Director, a Self-Disclosure Report must be completed to notify ERI of any changes to the individual's criminal background check record. Based on the Self Disclosure Report or any other disclosures, ERI and the Program Director reserve the right to require a repeat criminal background check.
All criminal background checks must be completed in accordance with the Youth Protection Program Handbook.
III. Training
All Program Directors and Authorized Adults must complete training in accordance with the Youth Protection Program Handbook. Program Directors, in consultation with ERI, reserve the right to enhance the training requirements for Authorized Adults based on the Program's specific needs.
IV. Participant Registration and Release
All Minors participating in a Program under the purview of this policy must complete a registration with that particular Program and have a Release Form signed by the Minor's parent or guardian for risks involved with Program participation. Additional Program specific risks not included in the release may be added as an addendum with the approval of ERI. See the Youth Protection Program Handbook for registration requirements and release form processing.
V. Program Approval
All Programs must be approved by ERI for compliance with this policy and the Youth Protection Program Handbook procedures prior to the start of the Program. ERI will review all Program documentation and electronically notify the Program Director that their Program has been approved and in compliance with this policy and Youth Protection Program Handbook.
No Program may operate without approval from ERI.
VI. Adequate Supervision
All activities involving Minors must be supervised by at least two or more Authorized Adults or by their parent or guardian, at all times. When determining "adequate supervision", it is important to consider the number and age of Participants, the activity or activities involved, type of housing if applicable, and age and experience of the Authorized Adults. See the Youth Protection Program Handbook for specific ratios of supervision required based on the age and operation type.
Any exceptions to supervision requirements must be approved by ERI and be in accordance with the Youth Protection Program Handbook.
VII. Third-Party Programs
All Third-Party Programs must have a University Sponsoring Unit. Third-Party Programs are required to comply with this policy and the Youth Protections Program Handbook which includes the following:
- Establish a contractual license agreement with the University's Sponsoring Unit;
- Provide proof of liability insurance in accordance with the requirements provided in the Youth Protection Program Handbook;
- Comply with contractual agreements of criminal records checks, training, and mandated Abuse reporting requirements; and
- Complete the same registration and approval process, via the Sponsoring Unit, as other University-sponsored Programs.
VIII. Incident Reporting
All Class I and II Incidents, involving Participants, Authorized Adults or others affiliated with the University, must be reported to ERI via the Youth Protection Program - Incident Report Form in accordance with the Youth Protection Program Handbook. ERI will report the incident to other necessary departments and offices, including but not limited to, University of Louisville Police Department, University Integrity and Compliance Office, Title IX Office, Office of Student Affairs, etc. for their review and investigation, as determined necessary, and for additional processing, trends, and tracking.
Mandatory Reporting Abuse of Minors
I. Abuse of Minors Prohibition
The University holds itself and community partners to high standards of conduct, including requirements to act ethically and with integrity. Any form of Abuse, sexual or otherwise, of a Minor by anyone affiliated with the University is strictly prohibited, regardless of their employment status, role, tenure, volunteerism, or contract. All reported matters will be promptly reviewed and addressed. Individuals found to have abused a Minor will be subject to disciplinary action in accordance with University policy and may be subject to criminal charges in accordance with the law.
II. Mandated Reporting
The University requires its employees, students, volunteers, and/or Third-Party Programs, which are all Mandated Reporters, to report known or suspected Dependency, Abuse, or Neglect of a Minor in accordance with this policy and associated procedures, and the Kentucky Revised Statute (KRS) 620.030. University employees, students, volunteers, and/or Third-Party Programs are responsible for knowing the reporting requirements outlined in KRS 620.030, which include, but are not limited to the following statements:
"Any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused shall immediately cause an oral or written report to be made to a local law enforcement agency or the Department of Kentucky State Police; the cabinet or its designated representative; the Commonwealth's attorney or the county attorney; by telephone or otherwise. Any supervisor who receives from an employee a report of suspected dependency, neglect, or abuse shall promptly make a report to the proper authorities for investigation."
III. Failure to Report
Failure to report any known or suspected Abuse, Neglect, or Dependency of a Minor will result in disciplinary actions and may result in criminal charges.
Protection from Retaliation
The University prohibits any form of retaliation or retribution of any person participating in the mandatory reporting requirements outlined in this policy. This includes any University employee, student, volunteer, Third-Party Program, or any individual who makes a report to Child Protective Services, state or local law enforcement agencies, including ULPD, other agencies, and/or a supervisor, ERI, or other responsible University official and is in accordance with the University's Duty to Report and Non-Retaliation Policy. Additionally, KRS 620.050 offers legal immunities for good-faith actions or reports.
KRS 620.050
"Anyone acting upon reasonable cause in the making of a report or acting under §§ 620.030 to 620.050 in good faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed."
Policy Review
The University reserves the right to make modifications to this policy and to the Youth Protection Program Handbook, as necessary. However, at a minimum of every three (3) years, this policy and associated Handbook will be reviewed and updated for any necessary changes based on federal, state, and local laws, and best practices and business operations.
Policy Compliance
Any violations or non-compliance with this policy, or the associated Handbook, may result in disciplinary action, up to and including termination of employment, or suspension or termination of participation in a Youth Protection Program or as an Authorized Adult. Additionally, violations of this policy or the associated Handbook could result in legal prohibitions regarding physical presence on University property (trespassing). Violations of this policy or the associated Handbook by any Third-Party Program may warrant grounds for termination of the license agreement with the Third-Party and the Third-Party may be subject to penalties. Disciplinary actions will be dealt with in accordance with applicable University policies and procedures.
Related Information:
University of Louisville Duty to Report and Non-Retaliation Policy
KRS 620.050 - Immunity For Good-Faith Actions or Reports
University of Louisville Employee Code of Conduct
Youth Protection Program Handbook
Policy Reasoning:
The intention of this policy is to define the requirements of University employees, students, volunteers, and sponsored Third-Party Programs when Minors participate and are involved in University Programs, activities, and camps.
Additionally, this policy is to define and inform University employees, students, volunteers, and Third-Party Programs of their reporting requirements, as state Mandated Reporters of suspected Abuse, Neglect, or Dependency of a Minor.
Definitions:
Abuse. A Minor whose health or welfare is harmed or threatened with harm by a parent, guardian, person of authority, or person exercising custodial control or supervision by inflicting, allowing, creating risk, or exploiting a Minor by physical, emotional, or sexual injury.
Adult. In accordance with Kentucky State law KRS 385.012, "Adult" means an individual who has attained the age of eighteen (18) years.
Authorized Adults. Individuals paid or unpaid, who have been approved to interact with, supervise, chaperone, or reasonably be anticipated to have contact with a Minor in Programs sponsored by the University. This includes but is not limited to faculty, staff, volunteers, graduate and undergraduate students, interns, employees of temporary employment agencies, Third-Party Programs and independent contractors or consultants. The Authorized Adults' roles may include positions such as counselors, coaches, instructors, etc.
Class I Incident. Incidents involving suspected Abuse of a Minor that mandate reporting to Child Protective Services and the University Police Department or an injury or illness that require emergency medical services.
Class II Incident. Any other incident, injury, illness that occurs necessitating first aid and/or parent or guardian notification.
Dependency. A Minor who is under improper care, custody, control, guardianship that is due to an intentional act of the parent, guardian, or person exercising custodial control.
Mandated Reporter. Any person, including but not limited to all University employees, students, volunteers, and sponsored Third-Party Programs, who has reasonable cause to believe a Minor is Dependent, or has been Neglected or Abused.
Minor. In accordance with Kentucky State Law KRS 385.012(11), a "Minor" means and individual who has not attainted the age of eighteen (18) years.
Neglect. A Minor whose health or welfare is harmed or threatened with harm by a parent, guardian, person of authority, or person exercising custodial control or supervision by repeatedly failing, abandons, or does not provide adequate care or provisions for a Minor.
Participant. A Minor whose parent or guardian has given signed consent to participate in a University sponsored Program.
Program. An activity, event, and/or camp offered by various academic, administrative, and athletic units of the University, or sponsored Third-Party Programs using University Facilities. This may include but is not limited to workshops, sport camps, academic camps, conferences, job shadowing, research assistant, outreach activities, summer camps, private lessons, tutoring, or cooperative extension Programs, and similar activities.
Program Director. This is the responsible party for the general operations of a Program, required documentation, and point of contact for the Program that Minors would attend. This is also the University contact for any Third-Party Programs.
Sponsoring Unit. The Dean, Vice President/Chair or designee of an academic school, administrative unit, athletic unit, or department of the University which sponsors and authorizes a Program or authorizes a Third-Party Program to use a University Facility.
Third-Party Program. Programs that utilize University Facilities and are offered by an individual or entity that is not affiliated with the University of Louisville, and have a Participant group made up, in whole or in part, of Minors. The third-party individual or entity assumes full and primary responsibility for the supervision of the Minors. Such groups may include but are not limited to organized civic, cultural, service, religious, industrial organizations; public school groups; and college and University groups with memberships not solely restricted to University employees and students.
University Facilities. Facilities owned by, leased by, or under the control of, or on the property of, the University.
Youth Protection Officer. The person responsible for the implementation of the University's Youth Protection Program. The Youth Protection Officer will work in collaboration with other support departments as necessary. The Youth Protection Officer is the Director of Enterprise Risk and Insurance.
Youth Protection Program Handbook. The University of Louisville Handbook for this policy detailing guidelines and procedures for Programs involving Minor Participants.
Responsibilities:
All Sponsoring Units, Program Directors, and Authorized Adults are responsible for complying with this policy and the Youth Protection Program Handbook when working with Minors.
Enterprise Risk and Insurance is responsible for interpretation and education of this policy, associated procedures, and the Youth Protection Program Handbook.
policy
Branding
Official University Administrative Policy
Policy Name:
Branding
Effective Date:
July 1 1983
Policy Number:
OCM 1 02
Policy Applicability:
This policy applies to University Community administrators faculty staff and students
Policy Statement:
All marketing and identity materials produced by the university or partner agencies on behalf of non-athletic organizational units and intended for external audiences must adhere to the brand design guidelines established by the Office of Communications and Marketing (OCM).
Related Information:
Details on regulations and resources available at http://louisville.edu/brand.
All marketing materials (print, online, digital, etc.) promoting or representing a non-athletic university entity must follow the regulations detailed in the brand guidelines, as it relates to use of color, typography, etc.
Additionally, any materials produced by a non-athletic university entity should employ an official university logo unless otherwise permitted by the Office of Communications and Marketing.
By default, the standard university logo (in one of the approved configurations) should be used. If a unit qualifies for or has been notified by the Office of Communications and Marketing that they are an approved sub-brand, an official secondary logo (artwork provided by OCM) may be used in lieu of a standard university logo. Only qualifying entities are permitted this option.
A university entity who is unsure if they meet the qualifications for a sub-unit mark must contact the Office of Communications and Marketing.
Registered Student Organizations (RSOs) are not required to adhere to the brand policy as it relates to marketing materials, etc. However, they are subject to the rules and regulations surrounding use of copyrighted logos and how those marks may be used and applied.
Athletic entities within the university are subject to a separate brand platform maintained by University Athletics.
Policy Reasoning:
This policy provides rules for coherent communication of the University of Louisville brand.
The coordination of the UofL brand to consumers plays a significant role in their impression of the brand. Consistency is paramount to the success of the identity system. Consistent use of the mark and supporting elements will build brand equity and resonance. The end result will be an increased understanding of the UofL brand by the public.
Definitions:
- Marketing materials include, but are not limited to:
- Recruitment brochures.
- Viewbooks or annual reports.
- Publications for alumni and donors.
- Official university websites.
- Departmental program information.
- Periodical magazines or newsletters.
- Promotional videos.
- Stationery and business cards.
- Banners and posters.
- Promotional items and merchandise.
- Campus signage.
- Apparel.
- Brand elements with specifications for adherence:
- Logo marks.
- Color.
- Typography.
- Additional graphic elements.
- Photographic style.
- Recruitment brochures.
- Viewbooks or annual reports.
- Publications for alumni and donors.
- Official university websites.
- Departmental program information.
- Periodical magazines or newsletters.
- Promotional videos.
- Stationery and business cards.
- Banners and posters.
- Promotional items and merchandise.
- Campus signage.
- Apparel.
- Logo marks.
- Color.
- Typography.
- Additional graphic elements.
- Photographic style.
Official University Administrative Policy
Policy Name:
FERPA Family Educational Rights and Privacy Act
Effective Date:
November 19 1974
Policy Number:
UARC 1 00
Policy Applicability:
This policy applies to University Community administrators faculty staff and students
Policy Statement:
The Family Educational Rights and Privacy Act (sometimes referred to as the Buckley Amendment, but more often by its acronym, FERPA) affords students certain rights concerning their education records. FERPA obliges the University of Louisville to inform students of their rights and to establish policies and procedures through which their rights can be exercised.
Related Information:
Students who have matriculated have the right to inspect and review most education records maintained about them by the University of Louisville, and, in many cases, decide whether or not a third party may obtain information from them. No one, not even a UofL student's parent or legal guardian, will have access to a student's education records, nor will their contents be disclosed, without the written consent of the student, except as provided by the Act. Directory information is considered public unless a student asks that some or all of that information be withheld.
Policy Reasoning:
FERPA, as amended, may be found at 20 U.S.C. 1232g; its final revised regulations may be found at 34 CFR 99. It is administered by the Family Policy Compliance Office of the U. S. Department of Education; for additional information, see the FPCO web site at http://www.ed.gov/offices/OM/fpco.
Definitions:
A UofL student's education records are those records maintained by UofL (or by a party acting for UofL) that are directly related to the student. Records containing a student's name, social security number, or other personally identifiable information, in whatever medium, unless identified in one of FERPA's excluded categories, are education records.
Responsibilities:
The University Archivist serves as the official custodian of University records. The FERPA Compliance Officer responds to all FERPA inquiries.
policy
Grievances
Official University Administrative Policy
Policy Name:
Grievances
Effective Date:
May 2004
Policy Number:
PER 5 03
Policy Applicability:
This policy applies to University Administrators and Staff This policy does not apply to Temporary Employees
Policy Statement:
Staff
Any staff member who believes that a condition of employment is unfair or a hindrance to effective operations or performance may initiate a grievance in accordance with the provisions of this policy. In like manner, First Line Supervisors, managers, and department heads are obligated to respond to grievances in a timely and material manner in accordance with the provisions of this policy.
Administrators
Administrators are not covered in their administrative roles by the grievance procedures for faculty or staff. If an administrator is aggrieved in his or her administrative role, such administrator is entitled to an informal hearing before his or her immediate superior, and if this is not satisfactory in resolving the grievance, to an informal hearing before the President or a designee. The decision of the President shall be final in all matters except the termination of service of such administrators, which is subject to ratification by the Board of Trustees.
Prohibition Regarding Retaliation:
To ensure open and professional communications between employees and supervisors, no employee shall be subject to retaliation for exercising his or her grievance rights, participating as a witness in another employee's grievance, or serving as a personal advisor during another employee's grievance.
Related Information:
University of Louisville Redbook, Article 2.3, Section 2.3.2
Policy Reasoning:
To promote a culture where staff employees and supervisors may engage in constructive conversations regarding working conditions that convey institutional value to employees and afford employees an opportunity to seek redress for concerns regarding working conditions in the lowest and least formal means possible.
Definitions:
1. Examples of Grievable Actions:
A. Working Conditions.
B. Written Warnings.
C. Suspension without Pay (in lieu of appeal).
D. Unsatisfactory (Needs Improvement) Performance Evaluation.
E. Inconsistent or improper application of University policy or procedure.
2. Examples of Non-Grievable Actions:
A. Organization and definition of work (e.g. job descriptions, assignment of supervisor or unit, work location, working hours).
B. Performance Expectations (unless alleged to be arbitrary, capricious, or not reasonably attainable).
C. Clarification of expectations or non-disciplinary letters of instruction.
D. Position Classification, Salary, Grade, or Salary within Grade.
E. Complaints alleging discrimination or a bias incident, as defined by applicable law, and as governed by the University's Reports of Bias Incidents, Discrimination, and Harassment Policy.
3. First Line Supervisor: The employee's immediate supervisor.
4. Second Line Supervisor: The immediate supervisor of the employee's supervisor.
5. Temporary Employee: A person employed in a position that is established for a limited period of time not to exceed six months.
6. Workday: Those days, Monday through Friday, on which the university is in normal operation.
http://louisville.edu/hr/policies/definitions
Responsibilities:
Roles of University and Employee Representatives
HR Representative
To assist in resolving an employee's grievance, the resources and consultation available from the Human Resources department must be made available to all parties, on request, including the Staff Grievance Committee. In all instances, the role of an HR representative is to provide advice and counsel regarding university policy, permissible and advisable courses of action, and process questions. HR representatives may not serve as an advocate or personal advisor of either party during grievance processes, but must be neutral and non-deliberative with respect to grievance issues. If policies are in question, the HR representative shall be the sole authority to advise the committee on staff personnel policies.
Staff Grievance Officer
As provided in The Redbook (at Section 5.8.2), the Staff Grievance Officer is available to advise staff employees on grievance and disciplinary processes, to include helping an employee prepare for a grievance committee hearing. While the Redbook prohibits the Staff Grievance Officer from serving as a personal representative or advocate for the employee in a grievance process, if requested by the employee, the Staff Grievance Officer may serve as the employee's "personal advisor" as noted in this section, upon the employee's request.
Personal Advisors
At any time during the grievance process, an employee or supervisor may be accompanied by a personal advisor. The role of a personal advisor shall be to provide private advice to the employee or supervisor during proceedings. The personal advisor may not take an active part in the proceeding or speak to the committee on the employee's or supervisor's behalf. [Note: If the personal advisor is a staff employee of the university, management shall provide regular work time for the purpose of participating in the grievance committee hearing. Preparation time, if any, shall occur on the employee's and the personal advisor's own time.]
Informal/Alternative Dispute Resolution Processes, Mediation Services
Human Resources Office staff, staff in the Ombuds Office, or the Staff Grievance Officer shall be available to assist either employees or managers by providing information related to grievance processes and to assist employees and supervisors or managers in achieving a mutually agreeable resolution to a presenting grievance in the most informal manner possible. HR staff, Ombuds staff, and the Staff Grievance Officer shall serve as "honest brokers" with no vested interest in the specific outcome of a grievance other than to promote the mutually agreeable resolution of a grievance between the parties. Neither HR staff, Ombuds staff, nor the Staff Grievance Officer shall serve as an advocate on behalf of either the employee grievant or management respondent to a grievance. [See Procedures section, Alternative Dispute Resolution/Mediation Services].
Grievance Authority
The authority to make a final administrative decision with respect to an employee grievance is exercised by the employee's department head or director, provided such individual serves at least three levels above the employee, otherwise the next higher level in the chain of command above the level of department head or director; otherwise the employee's vice president or dean (provided such individual serves at least two levels above the employee). The grievance authority for employees who report directly to a vice president, dean, or executive vice president will be the executive vice president (although this will reduce the number of steps in the grievance process).
Official University Administrative Policy
Policy Name:
Management and Sharing of Research Data
Effective Date:
September 13 2022
Policy Number:
RES 1 07
Policy Applicability:
This policy applies to all members of the University of Louisville UofL community including but not limited to faculty including gratis faculty staff and trainees visiting scholars scientists student investigators residents fellows and postdoctoral fellows and any other persons at the UofL involved in the design conduct or reporting of Research at or under the auspices of UofL This policy applies regardless of the source of support for the Research project activity and therefore does not distinguish between funded and unfunded efforts except where specific sponsor requirements prevail
Policy Statement:
The University of Louisville (University or UofL) is the administrative organization ultimately responsible for all tangible and intangible Research Data resulting from Research activities at the University. As such, the University has the responsibility to ensure the preservation and availability of Research Data and can be held accountable for the integrity of Research Data even after the creator(s) have left the University.
1. Introduction
1.1 Collection and generation of Research Data, including utilization of Research Data from other sources, are integral aspects of Research activity at the University of Louisville and the University of Louisville Research Foundation, Inc. (collectively referred to hereinafter as "UofL"), whether the data are primary in nature or compiled, assembled, or otherwise derived. These data have several purposes: to serve as a record of the Investigation, to form the basis on which conclusions are made, and to enable the reconstruction of procedures and protocols. In keeping with its commitment to promote integrity in the scholarly process, UofL's Research Data management practices should ensure open and timely access to and sharing of Research Data. Access, sharing, and retention are especially vital with respect to questions about compliance with legal or regulatory requirements governing the conduct of Research, accuracy or authenticity of data, primacy of findings, and reproducibility of results.
1.2 UofL has developed this policy to protect the integrity of Research Data used in Research conducted under the auspices of UofL. Investigators can choose the nature and the direction of their investigations, to use Research Data they generate to pursue future Research, and to share their findings with scientific and academic communities. Such activities, however, are subject to compliance with laws and regulations, as well as contractual obligations that govern the conduct of Research. In conducting Research as part of the UofL community, Investigators are obligated to assist UofL in fulfilling its responsibilities to comply with applicable federal, state, and local laws, and sponsor requirements governing the conduct of Research, including the management and sharing of Research Data while protecting the privacy of individuals' personal and identifiable information. The value of effective management and sharing of the data is reflected in the enhancement of discovery and increasing the visibility of Research.
1.3 UofL's responsibility for stewardship of Research Data, including access to data, derives from the Office of Science and Technology Policy (https://www.science.gov/docs/ostp_public_access_memo_2013.pdf) ("OSTP"). While this regulatory authority applies specifically to federally funded activities, the principle that it espouses informs good management practices with respect to all Research activities undertaken at UofL. Further, each Federal agency with over $100 million in annual conduct of Research and development expenditures (e.g., National Science Foundation [NSF], National Institutes of Health [NIH]) is required by the OSTP to have a plan to support increased public access to the results of Research funded by the Federal Government. These agencies have developed their own requirements for data management and data sharing, such as NIH's Policy on Data Management and Sharing (NOT-OD-21-013) (https://grants.nih.gov/grants/guide/notice-files/NOT-OD-21-013.html) for sharing Research Data and disseminating Research results.
1.4 In order to promote scientific data reusability and reproducibility, researchers are encouraged to follow discipline-specific guidelines for sharing data, including structured ontologies, providing the necessary data for reproducing results, and ensuring the data adheres to the FAIR principles - Findability, Accessibility, Interoperability, and Reusability (https://doi.org/10.1038/sdata.2016.18). The FAIR Data principles promote good data management and stewardship practices, resulting in scientific data that can be utilized by a wider range of stakeholders and constituents.
2. Scope
2.1 This policy should not be construed to limit the right of any member of the UofL community who is an Investigator on a project/activity to have access to and to work with the Research Data generated in that project/activity, nor should this policy be construed to constrain the practices that are particular to the field of inquiry of which the data are a part.
3. Intellectual Property and Data Ownership
3.1 Ownership of Research Data is governed by UofL's Intellectual Property Policy and UofL's Ownership of Data Policy.
4. Recording Research Data
4.1 Investigators shall record Research Data consistent with the standard practices of their discipline. In the absence of such standards, UofL's minimum standard is that Research records are written/recorded, dated, and identified by the project title and name(s) of the individual(s) conducting the activity, experiment(s), or other investigation(s). Whatever the organizational system used, the Investigator should ensure that all personnel involved with the research project/activity, including any key administrative personnel, understand and adhere to the system.
5. Maintaining/Retaining Research Data
5.1 General Principles:
5.1.1 Research Data must be retained in sufficient detail and duration to allow appropriate response to questions about Research accuracy, authenticity, primacy, and compliance with laws and regulations governing the conduct of Research and its associated Research Data.
5.1.2 The recordkeeping systems/practices used by Investigators should, upon request, allow access by UofL over their entire retention period. Of particular importance are instances in which an Investigator leaves UofL.
5.1.3 Primary Investigators of each Research study are responsible for the physical storage and security of Research Data during collection and retention periods, consistent with the standard practices of their discipline and/or the terms of a sponsored agreement and in compliance with UofL's information security policies. Of particular importance are issues involving confidentiality and general management of data obtained from human subjects, security of Research Data against theft or loss, compliance with export control regulations, privacy law, and maintenance of backup or archival copies of Research Data that may be needed in the event of a disaster, as well as any software.
5.2 Data Retention Period. Except as noted below, UofL requires a data retention period of at least: (a) five years from the date of data collection, (b) five years from the termination of a sponsored agreement under which the data were collected (or longer if the agreement mandates), or (c) five years from the longer of the submission or publication of a paper based on the data. The longest term of the three options cited shall be the controlling period. Notwithstanding the preceding and any exceptions below, the controlling period shall be extended until the conclusion of any investigations/legal proceedings and any subsequent appeals should any investigation/legal proceeding regarding the Research, or its Research Data begin prior to the end of the controlling period.
5.2.1 Data Retention Period Exceptions:
5.2.1.1 For Student Investigators, Research Data must be retained in an authorized manner until the pertinent controlling period (as provided above) has elapsed, the student's degree is awarded, or the Research project/activity is closed or completed, whichever is longer. In addition, if the student's department requires a longer retention period, the latter would prevail.
5.2.1.2 When existing Research Data are relevant to an allegation of misconduct in scholarly activity or of financial conflict of interest, or to an open case of litigation, claim, or audit, the retention period must extend at least until the final, non-appealable resolution of the case and final action taken, comply with the retention requirements of the policy/regulation/law governing the case (e.g., seven years after the conclusion of a Research misconduct investigation), or the applicable controlling period (as provided above) has elapsed, whichever is longer.
5.2.1.3 Data relevant to intellectual property interests must be retained for as long as may be necessary to protect those interests, at minimum for the (above) three year controlling period. Individuals should consult the UofL technology transfer office for current guidance. (For example, data relevant to patent applications must be retained in accordance with US Patent and Trademark Office guidelines (http://www.uspto.gov)).
5.2.1.4 Data subject to specific federal, state, or local regulation must be retained for the period indicated by the regulation, or the applicable controlling period (as provided above), whichever is longer.
6. Accessing Research Data
6.1 Members of Research Groups. Reasonable access to Research Data should be available to any member of the Research group in which the data were collected, when such access is not limited otherwise by written agreement, including Research authorizations and/or informed consents, policy, law, or regulation. For unique materials prepared during the Research, such as intermediates in chemical synthesis, cell lines, or reagents, items that can be proportioned should be divided among members of a Research group at different locations under negotiated terms of a written Materials Transfer Agreement. If there is any possibility that a copyright or patent application might emerge from a group project or other collaborative effort, the PI, Other Investigator, or Sponsoring PI should promptly contact the Technical Transfer Office within the Office of Research and Innovation for guidance.
6.2 UofL. There may be instances in which it is necessary for UofL to access Research Data in situations including, but not limited to, sponsor requests, patent disputes, allegations of data misuse, Research misconduct proceedings, subpoena, or Freedom of Information Act, Right to Know law, or other open records law requests. To facilitate necessary, timely, and appropriate access to Research Data, UofL reserves the right to take physical possession of such data and/or make forensic copies as necessary.
6.2.1 With Prior Notification. Where there exists a legitimate official need to take physical possession of Research Data in situations not covered by existing UofL policies, the EVPRI, if permitted by law or if it will not impact the investigation/legal proceeding, will notify the Investigator in writing of such need. The EVPRI's request will describe the data sought and set forth the legitimate official need(s) sufficient to justify the request.
7. Sharing Research Data
7.1 UofL recognizes the importance of data sharing in the advancement of innovation and education. Sharing Research Data can increase the visibility of related Research and promote new discoveries.
7.2 Research data created by Investigators may be shared for Research or scholarly purposes consistent with standard practices of their discipline with other individuals when such sharing is not limited by written agreement, policy, law, or regulation. Investigators shall make every effort to protect intellectual property rights as defined and governed by UofL Intellectual Property policies.
7.3 Certain external sponsors (e.g., the National Science Foundation and the U.S. Public Health Service) require that data gathered during Research supported with their funds be shared broadly in a timely manner after the associated Research results have been published or provided to the sponsor. When data sharing is not governed otherwise by another written agreement or an applicable policy or regulation (e.g., export control licenses), Research Data created by Investigators may be shared in a manner consistent with standard practices of their discipline. Tangible Research Materials (e.g., cell lines, technical data, manufactures of matter, or any unique material) shall be shared only by specific agreement with persons or entities outside UofL (or vice versa). Such specific agreements may include, but are not limited to, Material Transfer Agreements, Uniform Biological Material Transfer Agreements, License Agreements, Grants, and Contracts.
8. Disposition of UofL-owned Research Data when Investigator Permanently Leaves UofL and/or Ceases Involvement in Project or Activity.
8.1 Faculty or Staff Principal Investigator (PI), Other Investigator, or Sponsoring PI.
8.1.1 The PI, Other Investigator, or Sponsoring PI shall come to a written understanding with each Student Investigator and/or member of the Research group, specifying which parts of the Research Data may be copied and taken by the individual prior to or in conjunction with when they leave the group or cease involvement in the Research project/activity. The written understanding should address Research Data generated both before and after the individual's departure from the Research group or cessation of her/his involvement in the Research project/activity. The original data must remain in the custody of the PI.
8.1.2 If/when the PI permanently leaves UofL and has indicated in writing their intent and plans to continue the Research, this individual may take a copy of the Research Data for which they are custodian; provided originals are retained by the University. The PI may ask for an exception to this policy from their Dean/Director and the Office of Research and Innovation in order to take the original Research Data and leave the UofL a copy; however, they cannot do so if: (a) the data have been used for a patent application filed or pending filing by UofL , (b) the Research Data are relevant to an ongoing inquiry/investigation under UofL's relevant policies, or (c) the funding sponsor of the project/activity specifically requires UofL retain original data. Departing PIs are obligated to hold the data in trust for UofL and return the data when requested to do so. The data must not be disposed of within the controlling retention period (see section 5.2) without written permission of UofL's EVPRI.
8.2 Student Investigators. Upon departure from UofL, a Student Investigator may take a copy of UofL-owned data related to the Student Investigator's Research project/activity (see section 5.2.1.1); however, they must leave the original Research Data, including laboratory notebooks, with PI.
9. Enforcement
9.1 Failure to comply with the requirements of this policy will be considered a deviation from accepted standards of conducting Research at UofL. Funded PI's will follow guidelines of funding agency in developing and following data management plans and in curating and, in conjunction with the university, making data openly accessible.
9.2 2 UofL and the EVPRI (or their respective designees) will investigate alleged violations of this policy and will make recommendations for action. Breaches of policy include but are not limited to: Failure to maintain/retain Research Data as stipulated; and failure to provide sharing of UofL Research Data as outlined in Section 7.
Related Information:
UofL Policies:
Intellectual Property Policies:
- https://louisville.edu/policies/policies-and-procedures/pageholder/pol-intellectual-property
- https://louisville.edu/policies/policies-and-procedures/pageholder/pol-intellectual-property-policy-1
Classified or Sensitive Research Policy
UofL Resources:
Data Management (Ekstrom Library Resources)
Data Management (Kornhauser Health Sciences Library Resources)
Federal:
Final NIH Policy for Data Management and Sharing (2023)
Dissemination and Sharing of Research Results - NSF Data Management Plan Requirements
Policy Reasoning:
The purpose of this policy is to facilitate compliance with funding agencies and evolving discipline-dependent standards. Researchers are encouraged to follow discipline-specific guidelines for sharing data, providing the necessary data for reproducing results, and ensuring the data adheres to the FAIR principles (Findability, Accessibility, Interoperability, and Reusability).
UofL has developed this policy to protect the integrity of Research Data used in Research conducted under the auspices of UofL. In conducting Research as part of the UofL community, Investigators are obligated to assist UofL in fulfilling its responsibilities to comply with applicable federal, state, and local laws, and sponsor requirements governing the conduct of Research, including the management and sharing of Research Data while protecting the privacy of individuals' personal and identifiable information. The value of effective management and sharing of the data is reflected in the enhancement of discovery and increasing the visibility of Research.
Definitions:
Investigator: Principal Investigator (PI), Trainee Investigator, Other Investigator, and Sponsoring Principal Investigator.
Principal Investigator (PI): A faculty (including gratis faculty) or staff employee of UofL who holds primary responsibility for the Research project/activity for which data will be collected or used.
Trainee Investigator: A postdoctoral fellow, clinical fellow, resident, graduate student, or undergraduate student involved in the design, conduct, data collection, or reporting of a Research project/activity at or under the auspices of UofL.
Other Investigator: A visiting scholar, scientist, postdoctoral fellow, or other visiting person who holds primary responsibility for a Research project/activity for which data will be collected or used at or under the auspices of UofL.
Sponsoring Principal Investigator (Sponsoring PI): The UofL faculty or staff advisor, instructor, or mentor on a student-initiated Research project/activity serves as the Sponsoring PI for purposes of this policy.
Research: Investigation undertaken to gain knowledge and understanding, including that conducted in the classroom setting. An investigation may be conducted without any application or generalization in mind, for possible future application or generalization, or to address an immediate need.
Research Data: The recorded factual material commonly accepted in the relevant research community as necessary to validate and reproduce Research findings, but not any of the following: preliminary analyses, drafts of manuscripts, plans for future Research, peer views, or communications with colleagues. Research Data may be in hard-copy form (including research notes, laboratory notebooks, or photographs) or in electronic form, such as text files, computer software, computer storage/backup, or digital images.
- Research Data encompass associated protocols, numbers, graphs, tables, and charts used to collect and reconstruct the data. Research Data include numbers, field notes or observations, procedures for data analysis and/or reduction, data obtained from interviews or surveys, computer files and databases, Research notebooks or laboratory journals, slides, audio/video recordings, and/or photographs.
- Research Data can have different formats and forms. Primary research data are gathered by the researcher and secondary Research Data are collected from existing sources.
- For purposes of this policy, Research Data do not include: unreported preliminary analyses of data, drafts of scientific papers, future Research plans, peer reviews, or communications with colleagues; trade secrets, commercial proprietary information, or materials necessary to be held confidential by a researcher until they are published, or similar information protected under law; personnel, medical, and similar information, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy or a violation of privacy law.
Research Materials: Tangible physical objects from which data are obtained such as environmental samples, biological specimens, cell lines, derived reagents, drilling core samples, or genetically altered microorganisms. While these are not considered to be Research Data, they should be retained or deposited in a broadly available resource consistent with disciplinary standards.
Responsibilities:
Authority and Responsibilities
The Executive Vice President for Research and Innovation ("EVPRI") or designee has the authority and responsibility for administering and enforcing this policy for UofL, including, but not limited to, the following:
- Communicating this policy to all members of the UofL community;
- Ensuring UofL complies with terms of sponsored agreements, including requirements to maintain and share Research Data;
- Protecting rights of faculty, staff, students, and other Investigators to access data from projects/activities in which they participated as researchers at or under the auspices of UofL, while maintaining the privacy of any personal/identifiable Research Data;
- Securing UofL's intellectual property rights, as covered by the existing UofL policy; and
- Facilitating investigation of charges, such as scientific misconduct or financial conflict of interest in Research, as covered by existing UofL policy.
The PI and each member of the Research group is responsible for following this policy.
The PI for a Research project/activity is responsible for all aspects of: (1) procuring and maintaining Research Data, including collection and/or recording, and providing adequate accompanying documentation; (2) security during collection; (3) timely access to data, materials, and essential records; (4) sharing Research Data and results as required; and (5) retention while at the University. The PI for a Research project/activity is responsible for carrying out these responsibilities in a manner consistent with the standard practices for their discipline and/or the terms of a governing sponsored agreement. They are also responsible for educating those supervised about these practices and associated rationale.
The University is responsible for creating and supporting infrastructure to ensure that Research Data is shared in line with FAIR data principles.
The Trainee Investigator is responsible for following this policy under the direction of their PI.
Official University Administrative Policy
Policy Name:
Transfer of F and A Costs Recovery Indirect Funds
Effective Date:
July 27 2005
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
The gross F&A indirect cost recovery accumulated within the University of Louisville Research Foundation, Incorporated (ULRF) in a given fiscal year shall be distributed under the following plan:
- Gross F&A shall be budgeted in accordance with projected annual award activity and the prevailing F&A rates utilized by the University.
- The following items are deducted from the gross:
- The Office of the President has authority to identify certain fixed costs related to research for distribution from the F&A pool prior to allocating and transferring the remaining balance to the University of Louisville (University) and the ULRF. This may include costs such as those designated to pay for the University Scholars Program, debt service on new research facilities, capital equipment, and faculty incentive funds.
- Twenty percent (20%) of the gross F&A cost recovery funds received in a given fiscal year shall be retained by the ULRF for the purpose of providing Research Infrastructure Funds (RIF) as specified in the Research Foundation Handbook. Currently these funds are allocated as:
- The Office of the President has authority to identify certain fixed costs related to research for distribution from the F&A pool prior to allocating and transferring the remaining balance to the University of Louisville (University) and the ULRF. This may include costs such as those designated to pay for the University Scholars Program, debt service on new research facilities, capital equipment, and faculty incentive funds.
- Twenty percent (20%) of the gross F&A cost recovery funds received in a given fiscal year shall be retained by the ULRF for the purpose of providing Research Infrastructure Funds (RIF) as specified in the Research Foundation Handbook. Currently these funds are allocated as:
i. Principal Investigator RIF - The fund is equivalent to ten percent (10%) of facilities and administrative costs awarded on extramural grants & contracts. Individual allocations to grant recipients, or principal investigators, are made by transferring funds to the RIF speedtype at the close of the month in which the grant expenditures are made.
ii. Department RIF - The fund is equivalent to ten percent (10%) of facilities and administrative costs awarded on extramural grants & contracts. Departmental allocations are made by transferring funds to the departmental RIF speedtype at the close of the month in which the grant expenditures are made.
- Twenty percent (20%) of the net remaining F&A cost recovery funds received in a given fiscal year shall be retained by the ULRF. These funds shall be allocated to the President, Provost, Executive Vice President for Health Affairs and Executive Vice President for Research and Innovation (EVPRI) to bolster sponsored research activities at the University including, but not limited to, equipment matching requirements, research faculty recruiting packages, and other programs in support of the research enterprise.
- The remaining eighty percent (80%) of the F&A cost recovery funds received in a given fiscal year shall be transferred to the University's General Fund (sometimes referred to as the current unrestricted fund). These funds partially remunerate the general fund for costs incurred throughout the University and for specific research administrative expenses.
Policy Reasoning:
Many private and locally funded grants and contracts, and all of the federally funded grants and contracts, have a provision for Facilities and Administration (F&A) cost recovery built into them. This recovery provision is provided to fund the cost of administering and providing infrastructure support to the grant or contract effort. The F&A recovery rate charged is a percentage of direct cost and is negotiated with the federal government based on real costs, incurred by the University, in support of extramurally funded activities.
The F&A recovery rate is used as a "benchmark" for other grants and contracts that are private, local and state supported. The University on-campus F&A cost recovery rate is listed in the ULRF Research Handbook (http://research.louisville.edu/res-handbook/res-hdbk.html). The employment of this overhead rate to applicable grants and contracts generates revenue for the University.
Responsibilities:
- The Office of Budget and Financial Planning shall project each year, as part of the annual operating budget development process, an amount to be budgeted for F&A cost recovery funds. This activity will be accomplished in concert with other central administrative offices, e.g. Controller's Office, Office of the EVPRI, etc. The projected amount of F&A shall be budgeted as a line item revenue source within the University's General Fund for the respective fiscal year's budget.
- The Grants Division will be responsible for the setup and on-going maintenance of F&A calculations in the Grants Management module of the University's financial system. OGM will also be responsible for the setup of Research Infrastructure Funds (RIF) and University Scholars calculation in the Grants Management module of the University's financial system.
- The Controller's Office shall be responsible for monitoring, on a monthly basis, the funds received from F&A cost recovery sources and transferring the University's percentage to the general fund. The Office of the EVPRI distributes its portion of the funds. In addition, the Department of Sponsored Programs shall prepare a final reconciliation of F&A charges on an individual grant as part of "closing out" the grant and will make any necessary adjustments deemed appropriate.
- Principal Investigators, Unit Business Managers, or other individuals charged with the responsibility for reconciling individual grants will reconcile F&A charges for each grant on a monthly basis to ensure the F&A is being calculated and charged correctly. Problems will be sent via email to the Grants and Contracts Accounting section in the Controller's Office. Problems should be reported the same month, or accounting period, that they are identified.
- Unit Business Managers and other individuals charged with the responsibility for reconciling departmental and individual Research Infrastructure Funds (RIFs) will reconcile these programs monthly to ensure that overhead recovery funds transferred to these programs are being calculated correctly.
policy
ADA Evacuation
Official University Administrative Policy
Policy Name:
ADA Evacuation
Effective Date:
January 27 2005
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
Whether the impairment is temporary or permanent, a specific evacuation plan of action tailored to the occupant's special needs should be developed and practiced. The names of transient students and visitors should not be included on an Americans with Disabilities Act evacuation list except upon their request.
Related Information:
Occupant participation is voluntary and under no circumstances shall an individual be required to have their name placed on the ADA Evacuation Assistance List. Students living in residence halls should coordinate their evacuation plan with University Housing and Resident Experience - Stevenson Hall 101 (502-852-6636) that maintains the ADA List for University Housing and Resident Experience. Non-resident hall students, faculty, or staff may contact the Disability Resource Center - Stevenson Hall 119, (502-852-6938) to request their name be added to the list.
Building evacuation signals are required by law to be observed by all occupants to participate.
Policy Reasoning:
The process of safely negotiating an emergency evacuation route can often present difficulties to building occupants who are physically challenged. This policy was devised to enhance the personal safety of persons with disabilities who may require the assistance of others in the event of an emergency evacuation. The purpose for developing the ADA evacuation list is to provide another opportunity for persons experiencing temporary or permanent disabilities to receive assistance during emergency situations.
Definitions:
Individual with Disabilities: An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activity, a person who has a history or record of such impairment, or a person who is perceived by others as having such impairment.
Responsibilities:
Ultimately, each individual is responsible for his or her own personal safety, and planning ahead is advised.
The BEC has voluntarily accepted primary responsibility to provide assistance to building occupants during an emergency, while keeping their own personal safety in mind.
BECs have been designated to assist disabled occupants to predetermined safe locations during an emergency evacuation.
Preplanning for the emergency is paramount to achieve safe and efficient evacuation outcomes. Emergency equipment, egress routes, and designated safe areas of refuge from adverse weather, earthquake, and active shooter are monitored by the BEC.
Official University Administrative Policy
Policy Name:
Temporary Medical Leave
Effective Date:
May 1 1992
Policy Number:
PER 4 13
Policy Applicability:
This policy applies to University Staff
Policy Statement:
Staff employees who are unable to return to work after their FMLA has exhausted due to their own serious health condition, may request Temporary Medical Leave (TML) for a period of up to three months. Temporary Medical leave is continuous leave without pay for the employee unless the employee has accrued paid leave time. Staff employees must use all applicable accrued paid leave balances (including sick, vacation, and personal leave) while taking TML. An employee granted such leave shall be an employee of the university while on such leave and shall be returned to the original position or a comparable position within the same pay grade, salary, plus any general increases awarded during that period. When the employee is returned to active status, this leave shall not constitute a break in continuous or creditable service in considering eligibility for sick leave, vacation leave, general pay adjustments, and other university benefits and privileges. The university's contribution toward an employee's health benefits will continue during the period of TML. A staff employee shall not earn vacation or sick leave accruals for any period not in pay status.
Definitions:
Official University Administrative Policy
Policy Name:
Time and Attendance Records
Effective Date:
May 1 1993
Policy Number:
PER 4 01
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
To comply with federal and state requirements, each dean, director, or department head shall ensure maintenance of accurate records of all hours worked daily and weekly by each non-exempt employee for a minimum of three years. Each dean, director, or department head also should be fully aware that compliance with federal and state requirements is only possible if each non-exempt employee's working hours are recorded accurately during each work shift and rounded daily to the nearest tenth of an hour. Timekeeping is particularly important in instances where non-exempt employees are required or permitted to perform work at home. The necessity of accurately reporting time for all actual hours worked should be stressed with the employee. In no case shall non-exempt employees be permitted to perform university work at home without prior approval from their supervisor.
Each non-exempt employee is required to be present on the assigned job for the total number of hours for which compensation is being received unless absence from duty is authorized in accordance with these policies.
Employees must submit all leave requests in Workday.
Falsification by an employee of any attendance and leave record may be cause for dismissal.
Supervisors who are found to have directed their staff to violate this policy will face disciplinary action, up to and including termination from employment.
Related Information:
The following schedule for payment for overtime and/or deductions from wages due to tardiness will apply to non-exempt employees:
Overtime (or late arrival)
Pay (or deduct)
4 to 9 minutes
.1 hour
10 to 15 minutes
.2 hour
16 to 21 minutes
.3 hour
22 to 27 minutes
.4 hour
28 to 33 minutes
.5 hour
34 to 39 minutes
.6 hour
40 to 45 minutes
.7 hour
46 to 51 minutes
.8 hour
52 to 57 minutes
.9 hour
58 to 1 hour and 3 minutes
1.0 hour
When administering the above schedule, certain partial-hour increments do not automatically round to a complete hour of work. Whenever the following minute combinations are summed together, a full hour of work should be reported for the affected employee.
9 minutes (.1 hour) + 51 minutes (.8 hour) = 60 minutes (.9 hour)
15 minutes (.2 hour) + 45 minutes (.7 hour) = 60 minutes (.9 hour)
21 minutes (.3 hour) + 39 minutes (.6 hour) = 60 minutes (.9 hour)
27 minutes (.4 hour) + 33 minutes (.5 hour) = 60 minutes (.9 hour)
(All other 60-minute combinations sum to a complete hour.)
Policy Reasoning:
Attendance and punctuality are important to the smooth and coordinated functioning of the university. The efficiency of an entire work group is impaired if every individual is not at his or her workstation at the designated starting time.
Federal and state laws place full responsibility upon the employer for the maintenance and accuracy of such reports, regardless of the method used. Any method of recording working hours which is less precise than described here may be expected to be viewed as unacceptable during an investigation.
Definitions:
http://louisville.edu/hr/policies/definitions
Responsibilities:
The Vice President for Human Resources may recommend appropriate record keeping methods, instructions, and forms for use by the departments.
The responsibility for scheduling and controlling working hours of employees rests with each appropriate supervisor, dean, director, or department head. Flexible scheduling guidelines may be found at Hours of Work, PER 4.02.
Official University Administrative Policy
Policy Name:
Continuing Education Financing
Effective Date:
February 25 2000
Policy Number:
BFP 007
Policy Applicability:
This policy applies to Deans Lead Fiscal Officers and Unit Business Managers
Policy Statement:
All financial activities stemming from continuing education programs will be part of the University's general fund, not part of the University of Louisville Foundation, Inc.
All revenue generated from continuing education activities, except for programs covered by specific grants, is considered University general fund revenue and will be deposited to appropriate general fund revenue accounts, specifically established for this purpose. Similarly, all expenditures for continuing education programs are to be expended from specifically budgeted general fund accounts established for this purpose. All continuing education expenditure accounts will be controlled, managed, coordinated, and monitored by the University Center for Continuing and Professional Education (UCCPE).
Similarly, all direct costs, directly related to continuing education programs, including salaries and fringe benefits, are to be charged to the appropriate continuing education budget. These costs are to be covered by revenue generated by the continuing education programs. University general funds will not be used to subsidize salaries of any individual performing work as a part of any continuing education program.
Surplus funds generated by continuing education programs will be shared between the UCCPE and the various academic units that generated the courses, programs, and conferences. The amount of any yearend surplus accruing to an academic unit will be determined as described in the policy and procedure "Sharing Surpluses from Co-produced Programs" dated February 3, 1992. This determination will be made after the fiscal year end by the UCCPE and will be confirmed by the Office of Budget & Financial Planning.
Subsequently, the Office of Budget & Financial Planning shall make the necessary budget adjustments to cause these amounts to be added to the budget of appropriate units. The adjustments shall be made early in the fiscal year following the continuing education activity in a specified general fund account.
As an alternative to co-producing programs, academic units may have contracted with the UCCPE on a fee for service basis. The deadline for exercising this option expired June 30, 1992, as described in the policy and procedure "UCCPE and Academic Unit Relationships". Under the fee for service arrangement, all financial activity shall be processed by the UCCPE, even though the academic unit bears all risk for the program breaking even. After completion of the program, the UCCPE shall deduct its fee from program revenue and pay all direct costs from program revenue. Any remaining surplus will be available to the academic unit in the form of a budget adjustment.
Related Information:
The primary objective of continuing education programs is to offer a wide range of quality noncredit educational programs to the various publics of the University's service area and to make these programs self-sufficient in regards to their budgets. Academic units are encouraged to broaden their continuing education offerings and to cooperate with other colleges and schools in joint continuing education ventures.
Policy Reasoning:
In accordance with directives from various agencies of state government, a policy is established regarding the financing of continuing education programs within the University.
Definitions:
For purposes of this policy, continuing education programs will be broadly defined to include all instructional programs for which fees are received and for which no academic credit is granted.
Responsibilities:
Deans and directors of academic units will be responsible for assisting in developing continuing education programs directly related to their units and for cooperating with the UCCPE in all aspects of continuing education as defined above.
Official University Administrative Policy
Policy Name:
Endowment and Similar Funds Management
Effective Date:
September 8 1992
Policy Number:
BFP 003
Policy Applicability:
This policy applies to Deans Vice Presidents Lead Fiscal Officers and Unit Business Managers
Policy Statement:
Vice presidents and deans will ensure that endowment and similar funds are used for the purposes intended by the donors. In cases where the fund is unrestricted as to use and purpose, funds will be expended as approved through the budgeting process.
Endowments and similar funds will be budgeted each year for revenue and expenditures. The Office of Budget & Financial Planning (BFP) will coordinate the budgeting process and will ensure that the budgets are realistic and on a firm financial footing each fiscal year. Units will actively participate in this process with the BFP.
Once approved in the budget process, planned expenditures from endowment earnings will be budgeted in the units' annual operating budget. These funds must be used to meet specific program objectives consistent with donor designations. Furthermore, all budgets developed for these funds will be included in the University's overall budget, submitted to the Board of Trustees. The Controller's Office will ensure that expenditure budgets are not over-expended and that expenditures conform to the annual operating budget.
The principal of an endowment fund will not be expended for any reason. In certain rare circumstances, the principal of a quasi-endowment fund may be used, however, the unit requesting this must obtain the written approval of the President or his designee.
Continuing annual requirement (CAR) obligations including salaries, wages, and fringe benefits may not be budgeted for more than eighty percent (80%) of the annual spending rate of the fund, unless the President or his designee has specifically authorized an exception. The remaining twenty percent (20%) may be used for one-time, nonrecurring expenditures that are programmatically justified. The eighty percent (80%) cap on CAR expenditures is intended to protect future budgets from fluctuations in interest rates and unplanned growth of the CAR budget.
Related Information:
The annual spending rate for endowment and similar funds is established by the Board of Directors of the University of Louisville Foundation, Inc. Currently this rate is the previous three calendar years moving average of the market value of the endowment's investment portfolio. This rate will also be used as the basis for establishing the budget, with the remaining funds - those carried over from the prior year - used for one time, nonrecurring expenditures.
The following guidelines specifically refer to the establishment of positions funded from endowments and similar funds:
- If funds are earmarked for the establishment of a faculty position, i.e., an endowed chair, units may not use the funds for other purposes without permission from the President or his designee.
- A faculty position funded from an endowment or similar fund will not be established until there are sufficient annual earnings to provide the annualized salary amount for the position plus an appropriate allowance for fringe benefits. Where special circumstances warrant, the President or his designee may make exceptions to this on a case by case basis.
- University units should plan for future cost increases when budgeting endowment and similar funds. Annual salary adjustments, increases in the cost of fringe benefits, and other non-salary cost increases normally will be absorbed by the respective fund. When developing budgets, units will ensure that routine cost increases can be accommodated in future years within the projected available earnings of the fund. If this is not possible, units must request a budget supplement to support these cost increases.
- If the annual earnings of an endowment are not sufficient to provide for the full funding of a faculty position (i.e., an endowed chair), they may be reinvested. Deans wishing to do this must specify the amount to be reinvested and work with their lead fiscal officer to communicate this with the Foundation and BFP.
Policy Reasoning:
The policy guidelines are intended to ensure the effective management of endowment and similar funds and will enable accurate reporting to donors on how the funds are expended. Due to cutbacks in state support for higher education and the likelihood of continuing constraints on new appropriations, the university must use all of its financial resources effectively.
The use of endowment funds, gift funds, and similar funds must be used to meet the university's objectives consistent with donor designations. In the future, these funds will play a larger part in the overall budget strategy of a college or school and cannot be viewed as unallocated reserve funds. They must be carefully budgeted and wisely used to carry out the university's mission of instruction, research, and service.
Definitions:
Endowment funds are gift funds that are unrestricted or have been designated to specific programs by individual donors under the terms of a legal gift agreement. The principal of an endowment fund, or the face amount of the bequest, cannot be expended. Instead, it is invested for the purpose of generating annual income which is budgeted each year for use by the programs specified in the endowment instrument. The principal of one endowment fund is also referred to as the "corpus" of the fund.
Quasi-endowment funds are funds that function as endowments except that the principal of the fund can be expended under certain limited conditions. Quasi-endowment funds may be established by action of the University's Board of Trustees, the Board of Directors of the University of Louisville Foundation, Inc., or by executive management. The principal is invested and the annual earnings produced by the fund are spent like endowment proceeds.
The term "similar funds," for purposes of this policy, will refer to either quasi-endowments or term endowments.
Official University Administrative Policy
Policy Name:
Transfer of Previously Charged Expenses
Effective Date:
December 13 1995
Policy Applicability:
This policy applies to University Employees administrators faculty and staff
Policy Statement:
University departments with established billing systems shall not utilize the Intra-University Transfer (IUT) form. The IUT form is not to be used for any purchase of goods or services from sources external to the university. The IUT form must be used when moving expenses between two departments in order to obtain proper signature authority from each department.
Related Information:
Examples of transfers:
- Services rendered.
- Operating expense.
- Reimbursement of costs (e.g. Xerox charges).
- Registration fees for internal conferences and seminars.
Charges to/from University of Louisville Foundation, Inc.
The following types of transactions may not be eligible for expense transfers.
- Charges contingent upon the university bidding process must meet the same criteria as required in the General Funds.
- University of Louisville Foundation personnel services contracts.
- University of Louisville Foundation outside printing.
- Other expense transfers as designated by the Purchasing Department.
All expense transfers are subject to the policies regarding the allowed timing of recharged expenses as defined in the following:
Policy Reasoning:
To expedite a request for charging one departmental account of the university by transferring a charge from another departmental account.
Official University Administrative Policy
Policy Name:
Annual Capital Asset Inventory
Policy Number:
INV 1 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
Each year, Inventory Control contacts each administrative unit to designate a Capital Asset Coordinator to obtain verified capital asset inventory reports from the departments with capital assets within the unit.
The administrative unit will submit the Capital Asset Coordinator Form to notify Inventory Control with the name and contact information of the Capital Asset Coordinator selected for the unit.
Capital Asset Coordinators will obtain verified capital asset inventory reports from the Department Inventory Coordinators of every department with capital assets within their administrative unit and forward them to Inventory Control no earlier than July 1 and no later than December 15 of each calendar year.
A department will be considered "noncompliant" if its verified inventory report is not submitted by December 15. In January, a final report for the capital asset inventory effort for the previous year, including a listing of noncompliant departments, will be sent to the Associate Vice President of Business Services. The respective Vice Presidents or Deans of the noncompliant departments will then be required to submit appropriate corrective action plans.
Policy Reasoning:
In accordance with State law KRS 164A.575, all equipment greater than $5,000 must be inventoried annually.
Definitions:
Capital Asset Coordinator - an individual that obtains verified capital asset inventory reports from the departments with capital assets within an administrative unit.
Department Inventory Coordinator - an individual that verifies the location and status of assets assigned to a department.
policy
Property Accounting
Official University Administrative Policy
Policy Name:
Property Accounting
Policy Number:
INV 2 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
All items which qualify as property will be placed on inventory records, regardless of source of receipt. The Dean, Department Chair or designee are responsible for notifying Inventory Control of the receipt of property to be inventoried as well as the custody, proper use, reasonable care, and maintenance of all property purchased, assigned to, or under the control of their respective departments or locations of the University of Louisville.
The property inventory will be maintained on a current basis. It shall be the duty of the person stated above to furnish to the Inventory Control Office, on a timely basis, full information as may be required to keep inventory records current.
Definitions:
Non-taggable asset - An asset with an original cost equal to or greater than $1000.00 on which the barcode tag cannot be affixed due to size, environment, fragility, etc.
Property - An item of movable tangible personal property, which has a cost or value of $1,000 or more, a useful life of more than one year, and which retains its identity as a separate and identifiable item.
Official University Administrative Policy
Policy Name:
Long Term Lease Equipment
Policy Number:
PUR 32 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The University of Louisville currently has established master agreements with financial institutions to finance equipment over time. The master leases do not preclude the need to solicit competitive bids in order to establish the cost to be financed, if items are not covered by an already established contract.
Policy Reasoning:
Compliance with KRS
Official University Administrative Policy
Policy Name:
Purchase from Stockroom
Policy Number:
PUR 8 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
Procurement Services shall identify items of common usage throughout the University to facilitate quantity buying. Where economically practical, such items may be carried in inventory in the Stockroom for the purpose of providing a ready supply of specific items to using departments. The Stockroom is the designated source from which all budgetary units are required to purchase supplies such as paper products, maintenance supplies, and other miscellaneous supplies. Items available at the Stockroom must not be purchased from any other source.
Related Information:
A Stockroom catalog can be found at Stockroom Product Listing. Departmental charges will include a mark-up of an amount necessary for the operation of the Stockroom. Specific percentage "mark-ups" are determined by the Director of Procurement Services with concurrence of the VP and Chief Financial Officer.
Official University Administrative Policy
Policy Name:
Purchase of Office Supplies
Policy Number:
PUR 7 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
Office Supplies are to be purchased through the University's contracted vendor, Staples Advantage.
Related Information:
KRS 45A.520 requires a minimum recycled content on selected paper related products. Therefore, there are products that will be blocked from ordering unless they meet the recycled criteria. A prompt will appear on the specific items affected instructing the ordering department to select a recycled content item.
All toner and ink cartridges ordered will be filled with a recycled/remanufactured replacement in accordance with the University commitment to sustainability.
Core items have been pre-selected to maximize savings to the University.
Definitions:
For purposes of defining "Office Supply" (or "Office Supplies") as it relates to procurement, please refer to Office Supply Definition.
Official University Administrative Policy
Policy Name:
Receipt of Purchase Orders
Policy Number:
PUR 27 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
All purchases should be inspected for conformity to University order requirements prior to receiving.
Any discrepancy on any shipment must be reported to the respective buyer immediately.
Responsibilities:
Departments are responsible for posting receipts of shipments in PeopleSoft that are delivered directly to them. Central Receiving personnel are responsible for posting goods delivered to Central Receiving.
Official University Administrative Policy
Policy Name:
Emergency Preparedness and Contingency Plan
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students and visitors
Policy Statement:
In the event that an emergency condition occurs that has potential to threaten human health or the environment, the Plan will be initiated and maintained until the emergency condition has been stabilized.
Policy Reasoning:
The Emergency Preparedness and Contingency Plan (Plan) defines the course of action to be followed in the case of a fire, explosion, or release of hazardous materials, waste, or waste constituents which could threaten human health or the environment.
Responsibilities:
The decision to implement the Plan will be made by the Emergency Manager and depends upon whether or not the emergency situation presents a threat to human health or the environment.
Official University Administrative Policy
Policy Name:
Radiation Safety Medical Use
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
Researchers and clinicians must follow the procedures listed in the Radiation Safety Manual to ensure the safety and compliance of their laboratory practices. The university must abide by all state and national regulatory requirements to utilize radioactive material as listed in the Radiation Safety Manual; any violations of these procedures may result in the fines or the revocation of the use of radioactive materials in the research and medical setting.
Related Information:
Radiation Safety Manual for Human Use (PDF)
Radiation Safety Manual for Research Use (PDF)
Policy Reasoning:
This policy has been established to ensure the safety and regulatory compliance when using radioactive material in the research and medical setting. The university has a radioactive material license allowing for the use of radioactive materials as needed in the research and clinical areas. The radioactive material license was approved by the State of Kentucky Radiation Control Branch.
Radioactive material use must be conducted strictly as required by the Kentucky State Radiation Health Branch written regulations; these regulations apply to all possession, use, and disposal of any radioactive materials and radiation producing machines. Failure to follow these regulations could result in fines or loss of the radioactive material license.
Responsibilities:
The Radiation Safety Office within the Department of Environmental Health and Safety is responsible for implementing and reviewing all use of radioactive material in the university setting.
Official University Administrative Policy
Policy Name:
Timely Posting of Transactions
Effective Date:
June 15 2005
Policy Applicability:
This policy applies to all University Employees administrators faculty and staff
Policy Statement:
- Departments billing for services provided to other University departments or external customers are to submit the billings on a monthly basis for the goods or services provided during the month. For internal charges billed after ninety (90) days, the invoicing unit will be required to absorb the cost.
- Departments, project directors, faculty and staff who authorize vendors or others to provide goods or services to the University are expected to obtain, review and approve invoices for payment in a timely manner.
- Departments have sixty (60) days from the close of a month to request changes for accuracy (per Account Reconciliation Policy). Departments not reporting a discrepancy within the sixty (60) day review window will be responsible for the charge.
- Should grant charges be incurred past the ninety (90) day window allowed for expense transfers, then that department will be required to absorb the charge utilizing an alternate source of funds (Exceptions will be determined by Sponsored Programs on a case-by-case basis).
Policy Reasoning:
The purpose of this policy is to educate University of Louisville (University) departments/units and their employees on the timely submission and recording of transactions and state law, KRS Statute 45.453 Time Period for Payment, which stipulates the payment of invoices within thirty (30) working days of receiving goods and services or receipt of the invoice. Transactions incurred within an accounting period should be recorded within the period revenues are earned, expenditures are incurred, assets are acquired and liabilities are realized.
Of particular concern at the University are intra-organizational transactions, recharges generated through electronic feeds, or invoices exchanged between departments and external parties. As the number of service centers and other internal departments allowed to invoice units within the University increase, so does the complexity of accounting procedures affecting the University. A problem exists when internal units do not invoice or process transactions timely and accurately within the accounting period associated with original delivery of the goods or services provided. Invoices not submitted in a timely manner pose a particular problem for departments administering federal grants.
Official University Administrative Policy
Policy Name:
Intimate Relationships
Effective Date:
June 24 2021
Policy Applicability:
This policy applies to all University employees administrators faculty staff and students
Policy Statement:
For the foregoing reasons, the following types of intimate relationships are prohibited:
a. An instructor, staff or administrator (including but not limited to a faculty member, part-time lecturer, academic advisor, athletic coach, residence hall professional staff) and an undergraduate student;
b. An instructor, staff or administrator and a graduate or professional student, when the instructor, staff or administrator has a current or expected supervisory or instructional role with the student or when the instructor, staff or administrator and student are in the same academic school, college, program or department;
c. A graduate or professional student and an undergraduate, graduate, or professional student when there is a supervisory or instructional role; and
d. A supervisor and the supervisor's direct report.
Moreover, any employee (faculty, administrator, or staff) or other person in an instructional or supervisory role, who was in a past intimate relationship with a student is prohibited from serving in a supervisory or instructional role, directly or indirectly, of that student.
Other intimate relationships in which one party has power or authority over the other may also violate this policy.
For definitions of "intimate relationship", "instructor", "staff", "student", "direct report", "instructional role", and "supervisory role", refer to the Definitions section below.
EXCEPTIONS OR EXCLUSIONS
In circumstances where there is no supervisory or instructional role, requests for exceptions to this policy may be approved by the Executive Vice President and University Provost or designee in cases involving faculty or administrators; by the enrollment unit dean or designee in cases involving graduate or professional students; or by the Vice President for Human Resources or designee in cases involving staff. No exception will permit continuation of a supervisory or instructional role between a faculty member and a student who are, or were, in an intimate relationship, or between a supervisor and the supervisor's direct report. Further, exceptions should not adversely affect the student's academic progress or the direct report's opportunity for advancement within the University.
This policy does not apply to relationships involving family, marriage, or domestic partnership in the employment context. Such relationships are governed by the University's Nepotism policy.
Complaints alleging sexual harassment directed at a student, faculty, or staff member are resolved under the University's Sexual Harassment policy, which prohibits unwanted behavior of a sexual nature. Conduct that may have initiated in an intimate relationship can be determined to be sexual harassment at any time the behavior becomes unwelcomed. The University reserves the option to apply either or both policies in order to address a complaint. The highest priority and deference will be given to the resolution of complaints of sexual harassment.
REPORTING CONDUCT COVERED BY THIS POLICY
Any employee (faculty, administrator, or staff) or other person in an instructional or supervisory role who is engaged in an intimate relationship per this policy must report the relationship to the appropriate responsible officer as outlined in the Procedures section below. Upon receipt of the report, the responsible officer will evaluate whether the relationship is a violation of the policy and will determine a response after appropriate consultation. Failure to self-disclose such relationships may constitute a violation of this policy.
Any employee who becomes aware of conduct that may be prohibited by this policy should report the conduct as outlined in the Procedures section of this policy, which includes the option to report anonymously through the University's compliance hotline.
CONFIDENTIALITY
In order to encourage self-disclosure of intimate relationships and to empower members of the University community to report perceived policy violations, the University will make every reasonable effort to treat all information received in the course of addressing a self-disclosure or concern in a manner that protects, to the extent permissible by law, the confidentiality of all parties.
FAILURE TO COMPLY WITH THIS POLICY
Employees who fail to abide by this policy and associated procedures will be subject to remedial and/or disciplinary action in accordance with the Redbook and other University policies and procedures. Employees and students may grieve such action or initiate a formal complaint in accordance with provisions of the Redbook and other University policies and procedures.
RETALIATION
Retaliation against persons reporting concerns about conduct that may violate this policy is prohibited and constitutes a violation of this policy and the University's policy on Duty to Report and Non-Retaliation (ICO-1.01).
Related Information:
Sexual Harassment Policy (PER 1.02) (https://louisville.edu/policies/policies-and-procedures/pageholder/pol-sexual-harassment)
Nepotism Policy (PER 2.11) ( https://louisville.edu/policies/policies-and-procedures/pageholder/pol-nepotism)
Duty to Report and Non-Retaliation Policy (ICO 1.01) (https://louisville.edu/policies/policies-and-procedures/pageholder/pol-duty-to-report-and-non-retaliation)
Policy Reasoning:
The University of Louisville is committed to fostering an environment that is fair, psychologically healthy, respectful, safe, and free of sexual and discriminatory harassment. It is fundamental to the University's mission that the professional responsibilities of its employees be carried out in a manner that is free of conflicts of interest, favoritism, and situations that create unfair advantages.
Intimate relationships have inherent risks when they involve one member of the University community who has supervisory or other evaluative responsibility over another individual; further, such relationships create perceived or actual conflicts of interest and perceptions of unfair advantage. There are also inherent risks in any intimate relationship between individuals in unequal positions of power (such as teacher and student, supervisor and employee). Such relationships may undermine the real or perceived integrity of the supervision and evaluation provided, and the trust inherent in such relationships. Moreover, presently or retrospectively, the relationship may be less consensual than what is believed by one or both parties, especially by the individual whose position confers power.
Furthermore, such relationships may harm or injure others in the academic or work environment. Relationships in which one party is in a position to review the work or influence the career of the other may provide grounds for complaint when that relationship gives, or creates the appearance of, favoritism or unfair advantage to the person involved in the relationship, or when it restricts opportunities or creates a hostile environment for others.
In circumstances when sexual harassment is alleged as the result of an intimate relationship, the existence of the intimate relationship is not a per se violation of the University's Sexual Harassment policy (PER-1.02). However, the apparent consensual nature of the relationship is inherently suspect due to the fundamental asymmetry of power. Past consent does not remove grounds for or preclude a charge or subsequent finding of sexual harassment based upon subsequent unwelcome conduct.
Definitions:
For the purposes of this policy, the terms set forth below are defined as follows:
a. "Intimate relationship" means any romantic or sexual relationship between individuals, regardless of sex or gender, who are not married to, or domestic partners with, one another.
b. "Instructor", means an individual, paid or unpaid, who teaches; advises; coaches; evaluates; or supervises, including but not limited to:
1. Board of Trustees-appointed faculty members;
2. Part-time lecturers;
3. Any instructor of record;
4. Graduate students and post-doctoral fellows with teaching responsibilities;
5. Academic advisors;
6. Athletics coaches;
7. Residence hall professional staff; and
8. Medical and dental residents with teaching responsibilities.
c. "Student" means individuals who receive instruction, coaching, evaluation or supervision under the auspices of the University, including but not limited to:
1. Those who have enrolled into an educational program at the University;
2. Postdoctoral fellows;
3. Medical and dental residents; and
4. Participants served by internships, practicum experiences, outreach, and summer programs and camps.
d. "Staff", as defined in Redbook Section 5.1, means all employees of the University who do not hold faculty appointments, are not full-time students enrolled in the University, are not graduate assistants at the University, or are not administrators as defined in Redbook Section 2.3.1.
e. "Direct report" means an employee whose position at work is directly below that of another person, and who is supervised by that person.
f. "Instructional role" and "supervisory role" mean any context that involves instruction, evaluation or supervision - direct or indirect, face-to-face or remote - of a student's academic work or participation in University programs. These terms include employment situations where the primary purpose for participation by the employee is instructional, as well as situations involving medical and dental residents, postdoctoral fellows, teaching assistants, and student research assistants in their instructional capacity.
Responsibilities:
Regardless of who initiates the intimate relationship, the administrator, faculty, staff or graduate/professional student is responsible for complying with this policy. In a case involving a student, the employee or other individual in an instructional role is responsible for disclosing the existence of the relationship. In a case involving employees engaged in an intimate relationship, the employee holding the position or role of higher rank or power at the University is responsible for disclosing the relationship.
Official University Administrative Policy
Policy Name:
Reclassification Staff Positions
Effective Date:
May 1 1992
Policy Number:
PER 3 04
Policy Applicability:
This policy applies to University Staff
Policy Statement:
A reclassification occurs when a position is changed to a different pay grade based on changes to the duties, responsibilities, minimum requirements and preferred qualifications of the job.
- A pay increase resulting from reclassification occurs when the job an employee occupies is moved to a different pay grade. The reclassification and any resulting pay increase will become effective with the first day of the pay period closest to the implementation date established by the university.
- The increase may not be above the maximum of the pay range for the new classification.
Policy Reasoning:
The intended purpose of a reclassification is to correct inequity in class, grade or pay based on the duties that an employee is already performing. Reclassifications are not a means to bypass the ability for internal qualified and interested employees to have equal opportunities to compete for promotional opportunities.
Official University Administrative Policy
Policy Name:
Cash Receipt Deposit Handling
Effective Date:
November 1 2014
Policy Applicability:
This policy applies to all University employees administrators faculty and staff
Policy Statement:
All checks or cash must be entered on the department's Cash Receipt/Deposit Handling Log immediately upon receipt. The recipient becomes the ‘point of entry' of funds into the University. Checks or other negotiable instruments must be endorsed when received for intended departmental deposit. A receipt book should be utilized for instances involving coin/currency acceptance or as intra-department transfer and acts as cross reference the log or functions as customer confirmation of cash transaction. A primary individual (Preparer) will be authorized by the department to be responsible for compiling the Cash Receipt/Deposit Log. A second individual (Reviewer) will be authorized by the department to review and approve Cash Receipt/Deposit Log entries on a per instance basis while independent individual (reviewer) verifies enterprise system entries on monthly basis in conjunction with the Account Reconciliation process. Substitution in the use of the standard Cash Receipts/Deposit Log with an alternate logging method requires prior Controller's Office approval. Cash must be deposited timely within one business day from receipt. Controller's Office will randomly audit department's Receipt/Deposit Log. Failure to maintain such log will be subject to punitive action.
Policy Reasoning:
For all departments outside of the Bursar's Office as central depository, an electronic Cash Receipt/Deposit Handling Log will be maintained by all departments to ensure University cash and check (to include any negotiable instrument) receipts are accounted for in providing an audit trail to timely cash posting to the enterprise system. All departmental Cash Receipt/Deposit logs are to be maintained in the format as provided and approved by the Controller's Office/Bursar's Office. Any inquiries can be directed to (502) 852-8253 or at the service account, treasmgt@louisville.edu.
policy
Deposit Methods
Official University Administrative Policy
Policy Name:
Deposit Methods
Effective Date:
March 1 2014
Policy Applicability:
This policy applies to University employees administrators faculty and staff
Policy Statement:
There are two primary methods the University of Louisville has available for departments to utilize when depositing funds received (checks, currency, and coin).
All deposits are to be made within one working day of receipt and all checks are to be restrictively endorsed regardless of the method used. The Excel posting grid of deposit is to be emailed to University Accounting within one working day for all methods, unless alternative arrangements have been made with University Accounting for automatic posting.
policy
Prepaid Gift Cards
Official University Administrative Policy
Policy Name:
Prepaid Gift Cards
Effective Date:
June 6 2012
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
The university's current vendor of contract is Swift Prepaid Solutions. All departments within the university are to utilize the contracted prepaid gift card solution when making the following gift card transactions:
- Payment to study participants.
- Student Award.
- Study participants reimbursement of expenses.
The university no longer uses single-merchant cards, such as Target or Walmart. Employees may not be reimbursed for purchases of gift cards from other merchants.
***If the card is for an active UofL student, approval must be obtained from the Financial Aid Office at finaid@louisville.edu before proceeding.***
Related Information:
Swift Gift Card Specifics
- Swift Prepaid Gift Cards have an expiration date. Be sure to check this date upon receiving the cards from the Controller's Office and prior to the distribution of the cards.
- Due to the low cost related to the purchase of the cards it is most cost effective to issue a new card rather than reload cards issued previously.
- Most study participants receive the cards for single visit participation.
- If the study involves multiple visits a new card should be provided at each visit.
- The amounts loaded on the cards are generally low.
- There is a slim chance that the study participant will save the card for future visits once the funds have been utilized.
- Individuals are advised to wait until you will be utilizing the system before requesting access. Be aware - if an individual does not use the system for 90 days access will become inactive.
- Most study participants receive the cards for single visit participation.
- If the study involves multiple visits a new card should be provided at each visit.
- The amounts loaded on the cards are generally low.
- There is a slim chance that the study participant will save the card for future visits once the funds have been utilized.
Information to communicate to the payee:
- Even though these cards are processed as "Debit" cards, a PIN is not assigned or needed.
- Make sure the Payee is aware of and understands the expiration date.
- The gift card cannot be swiped at a gas pump, but must be taken inside the store to pay.
- Cards must be used for purchases. Cash back from a purchase is not permitted.
The Swift Prepaid system provides the following:
- An internet-based system (that can be accessed either on campus or at any remote location with internet connection or secured Wi-Fi) to capture mandatory payee personal information to include: name, address, social security number, funding source, amount of payment, and 16-digit card number. This reduces the University's risk from a tax reporting standpoint.
- A secure system that is built around user role-based security so the payee personal information is kept confidential and available only to select users.
- An inventory of plastic, unfunded cards on-hand at all times in the Controller's Office. This will allow quick turnaround of cards for departments who have urgent needs.
- A system that will allow Visa-branded U of L cards to be funded by researchers or administrative staff on-the-spot almost instantly once the researcher determines who has shown up for a particular study (i.e. no need to prefund cards and end up with leftovers).
- A system that will eliminate back-end maintenance due to the fact that payee information is obtained at the time the card is loaded.
- The prepaid card solution is cost effective at $1.75 per card.
Departments are advised that prior to ordering and distributing prepaid gift cards completion of a training session is required.
Upon completion of the required training module an individual should be able to:
- Explain how payees may use the Swift Prepaid Card.
- Describe how the Swift Prepaid Card is used.
- Explain the process of receiving access to the Swift System online.
- Explain the process of funding a Swift prepaid card and how to inquire about payments.
- List the payee information needed before loading funds on to a Swift Prepaid Card.
- Explain why approval from the Financial Aid Office must be given before entering student payee information in to the Swift System.
Once training is complete the individual should document the date and time the training was completed. This information is required to request system access.
1099 completion is required by non-employee payees.
- The Internal Revenue Service (IRS) tracks all payment made to card recipients.
- The compensation received by a payee could exceed the reportable amount of $600 in a calendar year when payments are accumulated throughout the entire University.
- The Swift System has the capability of tracking the payment activity by the participant's Social Security number.
- Any individual receiving a gift card must have a valid Social Security number.
- Persons without a valid Social Security Number cannot receive a gift card.
- The Swift System generates year-end 1099 reports.
- Any individual receiving a gift card must have a valid Social Security number.
- Persons without a valid Social Security Number cannot receive a gift card.
Policy Reasoning:
Through the utilization of a specific vendor the university is better able to standardize, monitor and generate reports expressly related to gift card transaction activity.
Definitions:
Plastic Fee - nominal fee charged to the department for the actual card. This fee is charged at the time the card is received by the department regardless of if/when it is utilized.
Study Participants - also referred to as Human Subjects, are for all types of studies and grants.
Responsibilities:
All individuals approved to process prepaid gift cards must successfully complete the training module. Access to this module will be provided upon the request of the individual's immediate supervisor. Additionally, these approved individuals are required to review updated training information when notifications are disseminated.
Official University Administrative Policy
Policy Name:
Contract Advice of Change
Policy Number:
PUR 30 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
An Advice of Change in Order is required for corrections or deviations on all contracts. During the period of contract, no change will be permitted in any of its conditions and specifications unless the contractor receives written approval from the University. The Advice of Change is not to be used to initiate major changes which are outside the original scope of the contract or to affect a new buy which normally would be placed by competitive bid. An Advice of Change in Contract shall not be used to extend or amend a Personal Services Contract.
Related Information:
Should the contractor find at any time that existing conditions make modification in requirements necessary, the contractor shall promptly report such matter to the Department of Procurement Services for consideration and decision.
Policy Reasoning:
It provides a means by which adjustments and modifications can be made to make the contract responsive to actual requirements.
Official University Administrative Policy
Policy Name:
Eligibility To Participate In Governmental Programs
Policy Number:
PUR 13 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
All firms entering into contracts with the University shall be verified/checked against appropriate governmental exclusion/debarment/suspension lists.
Related Information:
University of Louisville employees, vendors, and appropriate affiliated individuals will be checked against appropriate governmental exclusion/debarment/suspension lists to ensure eligibility for hire and/or to participate in governmental programs, as outlined in the Sanction Check Screening Policy.
Official University Administrative Policy
Policy Name:
Minors in Laboratories and Animal Facilities
Policy Applicability:
This policy applies to University Community administrators faculty staff and students This document covers all UofL clinical and research laboratories and animal facilities This document includes any persons under the age of 18 whether students unless enrolled as a UofL student employees or volunteers
Policy Statement:
Minors under the age of 14 may not enter laboratories, and/or animal facilities at UofL. An exception is permitted for minors who are part of a UofL program designed for youth under age 14 who are observers of the laboratory or animal facility.
All Minors are prohibited from working or conducting research in the following areas:
- Any laboratory or facility designated as BSL-3, ABSL-3 or higher for recombinant or infectious organisms.
- Any laboratory or facility where select agents or explosives are used or stored.
- Radioactive materials or radiation (X-rays).
- Acutely toxic and highly hazard chemicals (including air and water reactive chemicals).
For detailed information and additional restrictions please refer to the Related Information section.
Minors who work in any capacity with animals must be added to an Animal Care and Use protocol currently approved by the IACUC. Minors who are students must review the Periodic Animal Contact Health Survey. IACUC Level II training, appropriate to the species of animal handled, is mandatory. Contact the Research Resources Facility (RRF), 852-4605 for help with these items. Successful completion of these requirements allows the minor access to animals in the animal care areas.
The Department Chair must be notified of any minor who will be in a laboratory. Minors will not be permitted in the lab until all proper training and consent forms are completed. This includes children of UofL employees and students.
RULES FOR MINORS WORKING IN LABORATORIES AND ANIMAL FACILITIES
1. Never work alone in any laboratory environment without direct, immediate adult supervision from the sponsor or someone designated by the sponsor.
2. Always follow the instructions of the sponsor or laboratory supervisor.
3. Always report any accident (regardless of severity) immediately to the sponsor or laboratory supervisor.
4. Always wear the personal protective equipment as directed and dispose of it appropriately. This personal protective equipment includes glasses, gloves, coats/gowns, and other face/body protection as dictated by the hazard being worked with or around.
5. Always keep your hands away from your face and wash them well with soap and water prior to leaving any laboratory area.
6. Never eat, drink, chew gum, apply lip balm, or touch contact lenses while in any laboratory environment.
7. Always wear closed-toe shoes while in any laboratory.
8. Always tie back long hair to keep it out of all the hazards listed listed in the table below.
9. Always wear clothing that reduces the amount of exposed skin. Shorts and sandals are prohibited in the laboratory.
10. Always ask questions if you don't understand the safety requirements.
Related Information:
Training:
- Lab-Specific or Animal Facility-Specific Training - Minors working in laboratories or animal facilities must complete all appropriate safety training before beginning work with hazardous materials. The PI is responsible for making sure minors are provided with lab-specific training which includes review of the specific hazards that exist in the lab and the procedures, equipment, and resources available for working safely with these hazards.
- DEHS-Provided Training - The PI is responsible for ensuring minor completes all DEHS training applicable prior to beginning any laboratory activity. For training requirements and information see: http://louisville.edu/dehs/occup-health-safety/occup-health-safety-files/lab-safety-self-assessment/.
- Laboratory Safety Self-Assessment: http://louisville.edu/dehs/occup-health-safety/occup-health-safety-files/lab-safety-self-assessment/.
Documentation: The PI/Sponsor intending to have minors work in their lab are responsible for completion of the Minors in Research Lab or Animal Facility Consent Form by the PI, minor, and minor's parent/guardian: - Minors in Research Lab or Animal Facility Consent Form - https://louisville.edu/research/common/lab-agreement-form-student.
*Note: all required IACUC protocols and IBC registration documents must include any minors that will be working on the research.
Prohibited Activities: If the proposed work in a lab or animal facility includes hazards addressed in this table, contact DEHS 502-852-6670 for more information.
Hazard
PROHIBITED ACTIVITIES
Biohazardous materials
Entering a BSL-3 or ABSL-3 lab or working with materials that are Risk Group 3 (i.e. associated with serious or lethal human disease for which therapeutic interventions may be available).
Working with:
- Unfixed human cells, tissue, and blood known to be infectious, oncogenic or genetically engineered to express a toxin with an LD50 < 100ng. (Infectious means contaminated with HIV, HCV or other Bloodborne pathogens.)
- Unfixed cells, tissue, and blood from Macaque species which may be infected with Herpes B virus.
- Any cells or tissues that are oncogenic or genetically engineered to express a toxin with an LD50 < 100 ng.
- Toxins with an LD50 < 100 ng.
- Sheep, goats, and field studies involving wild animals and birds (excludes mice/rats purchased from vendors).
- CDC/USDA Select Agents or Toxins.
*** Permissible activities:
Working with:
- Human cells, tissue, and blood that are not known to be infectious. (Universal Precautions must always be followed - For definition of Universal Precautions see - http://www.cdc.gov/mmwr/preview/mmwrhtml/00000039.htm).
- Unfixed cells, tissue, and blood from non-human primate species other than Macaque (i.e., Vero cells).
Contact Biological Safety Office, 502-852-6670, if research involves biological materials.
Chemicals and Gases
Working with highly hazardous chemicals, including air and water-reactive, potentially explosive, carcinogens, reproductive toxins, or highly, acutely toxic chemicals (LD50 oral(rat) ≤50 mg/kg; LD50 contact ≤ 200 mg/kg or LC50 inhalation ≤ 200 ppm).
Entering a laboratory where explosive chemicals are used or stored.
Contact Lab Safety Coordinator, 502-852-2830, if any research in the laboratory involves highly hazardous chemicals.
Lasers
Class IIIB and Class IV lasers shall not be used by minor; contact the Radiation Safety Office, 502-852-5231 if there are questions concerning laser use.
Packaging and shipping of hazardous materials.
Packaging and shipping of biological samples, chemicals, dry ice, and radioactive materials.
Radioactive materials
Minors shall not work with radioactive material or x-rays; contact the Radiation Safety Office at 502-852-5231 if there are questions concerning radioactive material use.
Policy Reasoning:
Laboratories and animal facilities must be in compliance with all applicable federal, state, local, and university environmental health, and safety regulations and meet university environmental health and safety requirements in order to allow minors to work within their facility.
This document outlines when it is permissible for minors to work or conduct research in laboratories and/or animal facilities; and to identify the responsibilities of the Principal Investigator (PI)/Faculty/Sponsors/Supervisors and Department Heads for minors working or conducting research in laboratories, and/or animal facilities. By adhering to this document, the exposure of minors to chemical, physical, biological, animal and radiation hazards will be minimized.
Definitions:
- Minor - Any person under the age of 18.
- Laboratory - Any room, suite, or part of a building used to conduct research, academic, animal, clinical, other technical work or scientific experimentation which may pose potential chemical, physical, biological, or radiation hazards.
- Animal facility - Any UofL property where animals are housed or used for research purposes.
- CDC/USDA Select Agent or Toxin - Biological agent or toxin listed in 73 CFR part 4 and 9 CFR part 121.4.
- Visitor - Any person who enters a laboratory, or animal facility with the express or implied invitation of the laboratory director or supervisor.
- Volunteer - Any person who freely and willingly provides services to UofL for civic, charitable, or humanitarian reasons without promise, expectation, or receipt of compensation.
Responsibilities:
The Principal Investigator/Lab Supervisor/Sponsor of the laboratory where the work will be performed is responsible for adhering to this policy and associated procedures; it is their responsibility to ensure the health and safety of minors working in the laboratory. The PI retains the primary responsibility for providing a safe and healthy activity.
The minor's Guardian is responsible for reading and understanding the consent form and the policy and associated procedures. The Guardian should read and understand the research project that the minor will be involved with and the risks involved along with the steps required to minimize exposure to those risks.
Official University Administrative Policy
Policy Name:
Disposal of Refrigerators and Freezers
Effective Date:
November 1 2003
Policy Number:
PPD 001
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
Environmental requirements dictate we properly remove the refrigerant and oil from all used refrigerators and freezers before we are allowed to dispose of them.
If a refrigerator or freezer needs to be replaced and the vendor does not include removal of the old equipment, the department must request for Physical Plant to remove the old unit to ensure proper disposal of refrigerant and oil. Physical Plant will charge $150.00 for disposal of each unit.
Policy Reasoning:
EPA regulations (40 CFR Part 82, Subpart F) under Section 608 of the Clean Air Act include requirements for the safe disposal of refrigeration and air-conditioning equipment. These requirements are designed to minimize refrigerant emissions when these appliances are disposed.
Definitions:
https://www.epa.gov/section608/definitions-section-608-terms
Responsibilities:
Appliance Owner
policy
Ownership of Data
Official University Administrative Policy
Policy Name:
Ownership of Data
Effective Date:
October 9 2001
Policy Number:
RES 1 01
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
I. Ownership of Data
A. Except in the circumstances indicated in II.A., below, all research data generated by personnel of the University or created with University facilities, regardless of the nature or sponsorship of such research, shall be owned by the University and its affiliates (e.g. ULRF). In addition, as a public institution and in keeping with the traditions of academic freedom, all such research data and protocols shall be unrestricted as to its public dissemination, except in the circumstances indicated in II.A.
B. In view of these directives, except in those circumstances noted below, the University of Louisville will not accept research projects nor conduct research activities that regulate the ownership of data, limits the right to divulge the source of support, or restrict access to the data or dissemination of results.
C. The University may, at its discretion, transfer the ownership of data to the creator(s) of said data with a property transfer agreement between the University and the creator(s).
D. The University or its employees may agree to delays in the dissemination of data or the reporting of research results in order to protect proprietary information or to permit external sponsors time to consider patent applications. Sponsors may also be given advanced access to data or manuscripts resulting from their externally sponsored research. However, agreements with external sponsors may not restrict the rights of investigators to publish their findings nor to communicate their research results freely in a timely fashion. Only in the circumstances indicated in II.A., below, would sponsors be permitted to require withholding of information or limitations on the material to be presented or published.
II. Contracts to Control Ownership or Restrict Access to Data
A. The University might be a participant in research projects in which the ownership, control, or access to research data would be stipulated as well as where restrictions on the communication or reporting of research results would be necessary. Examples might include (1) classified research where the dissemination would jeopardize national security; (2) clinical trials or psychological studies where the identity of individual participants could be disclosed or where the sponsor requires ownership of the data (e.g., multi-center clinical trials). Any provisions for extramural ownership of data or restrictions to access or communication of results must be indicated in writing under a specific Research Contract between the external sponsor and the University which must be agreed to by the participants (principal investigator or other personnel directly involved in the project) and approved by the Office of Research and Innovation. In the absence of such a contract, the University will retain ownership of all data generated with University facilities and there could be no restriction on access to or dissemination of the data or results.
B. Work that is restricted in any way may not be used for personnel actions or academic evaluations until it is publicly available.
III. Retention of Data
A. Whereas the University is normally the owner of research data, the creators of the data, normally the Principal Investigators of research projects, are responsible for the collection, management, and retention of research data. Research data must be archived for a minimum of five years after the conclusion of a study, with the original data retained wherever possible. In addition, some circumstances may require longer periods of retention. For example, it may be necessary to retain data to protect intellectual property. Also, if charges regarding the research arise, such as allegations of scientific misconduct or conflicts of interest, data must be retained until such charges are fully resolved. Additionally, if a student is involved in a research project, data must be retained until the degree is awarded or there is clear documentation that the student has left the project. Beyond the five-year period of retention, or other period as specified above, the destruction of research records is at the discretion of the Principal Investigator.
B. During the retention period, access to the data must be provided to appropriate University officials or administrators; to coauthors, coinvestigators, collaborators, students, or fellows involved in the research; and to representatives of external sponsors or designated government officials as appropriate.
C. If a creator of research data transfers to a new institution, the data generated by said individual may also be transferred with the permission of the University and with the express understanding that the University retains ownership and has access to the data for a minimum of five years, unless a transfer of ownership has been conferred as indicated in C., above.
Policy Reasoning:
The University of Louisville is the administrative organization ultimately responsible for all tangible and intangible products resulting from activities at the University. As such, the University has the responsibility to ensure the preservation and availability of research data and can be held accountable for the integrity of research data even after the creator(s) have left the University.
Definitions:
A. As used in this policy, "data" means information that is generated in or as a result of empirical research activities and recorded in any tangible or electronic medium, including without limitation laboratory notebooks and worksheets, memoranda, notes, clinical protocols, computer databases, computer images, and all other records.
policy
Formaldehyde Safety
Official University Administrative Policy
Policy Name:
Formaldehyde Safety
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students and visitors
Policy Statement:
The Occupational Safety and Health Administration (OSHA) regulates formaldehyde in the workplace. Accordingly, the University requires all employees potentially exposed to formaldehyde to complete a web-based training module informing them of the potential hazards, hazard controls, and when to contact DEHS staff for a follow-up evaluation.
Uses of formaldehyde commonly seen at the university include:
- Tissue preservation and in embalming fluids in; autopsy rooms, the pathology department, and laboratory specimens.
- Kidney dialysis units and as a sterilizing agent in central supply rooms.
- Some disinfectants and consumer products.
If a university employee finds or suspects potential exposure to formaldehyde, please contact DEHS at 502.852.2830.
Training
Formaldehyde's odor may be readily detected by some people. Many others, however, may not be able to smell it at all. Therefore, the sense of smell cannot be relied upon to warn workers. Rather, irritation of the: eyes, nose, bronchial tubes, and watering eyes may indicate exposure to formaldehyde more often than the sense of smell.
Please refer to the Training Module for more information:
Regulations
Please see the links below for the OSHA Standard and Regulations for formaldehyde:
Definitions:
What is Formaldehyde?
Formaldehyde is a colorless, flammable gas with a strong, pungent odor. It is widely used in hospitals, laboratories and some disinfectants throughout the university. Formaldehyde is present in liquid form in an aqueous methanol solution called Formalin, which has a clear to milky appearance, and in solid polymer form as a white powder called Paraformaldehyde. Formaldehyde gas may be given off by either liquid Formalin or Paraformaldehyde powder.
policy
Memorial Gifts
Official University Administrative Policy
Policy Name:
Memorial Gifts
Effective Date:
July 1 2007
Policy Applicability:
This policy applies to all University Employees administrators faculty and staff
Policy Statement:
Memorial gifts of cash made to charitable organizations may be made in lieu of flowers when deemed appropriate. Cash donations can be made to family-designated charities or memorial funds. These gifts shall not exceed $100 and shall be funded from discretionary programs.
All requests of cash donations shall be submitted on a Payment Request and will be paid to the charity directly by the University. All requests should be approved by the departmental Dean, Vice President or Chair.
Official University Administrative Policy
Policy Name:
Reporting of Non Payroll Payments
Effective Date:
February 3 2003
Policy Applicability:
This policy applies to all University Employees administrators faculty and staff
Policy Statement:
The University of Louisville is required to report non-employee miscellaneous income payments totaling $2,000 or more per year ($600 for 2025 or prior) to the Internal Revenue Service on Forms 1099-MISC or 1099-NEC. Examples of reportable payments include:
- Payments to non-employees for services rendered including payments for fees, awards and prizes, commissions and personal service contracts.
- Payments to recipients other than real estate agents for rental of property and equipment.
- Royalty payments of $10 or more per year.
- Prize and award payments that are not for services rendered.
- Medical, health and legal service payments including payments to corporations.
- Payments to an employee for services unrelated to the employee's position, such as blood donor payments.
With the exception of medical payments, only payments to individuals and partnerships are 1099 reportable. Scholarship and fellowship payments are not within the scope of 1099 reporting. If a service is required to be performed as a condition for receiving a grant, the payments are reported through the W-2 reporting process.
REPORTING OF NON-EMPLOYEE COMPENSATION PAYMENTS
Request for 1099 reportable payments must include the following information:
- Full name of payee.
- Permanent home address.
- Social security number or tax identification number.
- Payment description.
The W-9 form and Vendor Survey should be obtained prior to the service being provided, and they should be submitted with payment request (or at the time the vendor number is requested if PO-related).
FILING FORM 1099-MISC AND 1099-NEC WITH THE INTERNAL REVENUE SERVICE
- The Controller's Office will prepare the appropriate form for each recipient who received at least $2,000 in non-employee compensation payments during a calendar year ($600 for 2025 or prior). The 1099's will be mailed to each recipient no later than 31 days after the close of the calendar year (January 31).
- The Controller's Office will submit a copy electronically of the 1099 information to the Internal Revenue Service.
- The Controller's Office maintains a file which lists all the information submitted to the Internal Revenue Service.
- After the file is submitted to the IRS, any subsequent corrections are prepared by Controller's Office staff. A copy is sent to the recipient, another copy is sent to the Internal Revenue Service, and a copy is retained by the Controller's Office.
Official University Administrative Policy
Policy Name:
Special Request for Return Checks
Effective Date:
August 3 2004
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
To comply with proper internal control procedures, accounts payable checks will generally not be returned to departments or be permitted to be picked up. If an exception is necessary for one of the reasons listed below, a request for an exception to the policy must be included in writing on the request for special handling on the payment - please see below. The following are the specific reasons/circumstances when checks may be able to be picked up or returned to the department:
- Honorarium-whereby the payee is accepting the check at the end of the engagement. (**This does not include paying an individual or company fees for services rendered.)
- Awards-whereby the payee (must be an individual, not a company) is presented the check as a part of the process.**
- Department of Homeland Security visa payments that must be processed through University Counsel.
- International and group advance requests where the payee needs to sign for the check.
- Licensing and permits for new construction and/or renovations whereby the check needs to be delivered to the agency or office
For any reason not listed above (including special mailing of the check via UPS-NDA or FedEx), the request should be approved by the departmental Chair, Dean or Vice President before being submitted to the Controller's Office for final approval.
All other items will be sent to the payee via the United States Postal Service (USPS). All requests for special handling must be on Form R-1. This form is available through the Controller's Office, Special Check Handling Request. This form must be completed with a person's name, departmental mailing address and reason for the request. This form must accompany the required backup/paperwork when submitting the request and will become a part of the back-up. Requests made on any other media may result in the direct mailing of the check through the USPS.
**Please note that fees paid to companies and individuals for services rendered do not fall within the parameters listed above. Also, stipends paid to students (including monies paid to students participating in internships and externships) will be mailed directly to the student's home address.
Any payment requests that contain confidential information (patient information, individual SS#, date of birth, credentialing information, etc.) should be submitted to the Controller's Office with the confidential information blacked out. (This would include registrations, licensing, conference fees, insurance company refunds, etc.) An unaltered (non-blacked out) copy of the remittance/attachment/registration form should also be paper clipped to the request for disbursement. This is the copy that will be mailed with the payment. Likewise, should you have any type of correspondence/letter/note to be mailed with the check, please include this as part of your original backup.
policy
Sick Leave
Official University Administrative Policy
Policy Name:
Sick Leave
Effective Date:
May 1 1992
Policy Number:
PER 4 05
Policy Applicability:
This policy applies to University Staff
Policy Statement:
Staff employees shall accrue 12 days' sick leave per year. Both hourly and salaried employee earn 0.046154 hours of leave per hour of service.
Sick leave accrues proportionally for staff employed on any other fixed part-time basis of at least 40 percent of the normal working hours of the unit in which employed.
Employees will accrue sick leave based on the percentage of time in pay status for each pay period.
There shall be no maximum amount of sick leave an employee may accrue.
Official University Administrative Policy
Policy Name:
Cloud Computing and 3rd Party Vendor Services
Effective Date:
November 17 2014
Policy Number:
ISO 023 v2 2
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
This policy applies to persons using third party service to access, transmit, store or share university sensitive (confidential or proprietary) data. Any such use must maintain the ability to protect the confidentiality, integrity and availability of the data in compliance with applicable regulations, laws and university policy.
Policy Reasoning:
The purpose of this policy is to ensure that university sensitive data is appropriately and securely stored, accessed, or shared when using cloud computing and/or file sharing services or when using the services, software or hardware of third-party vendors and that sensitive data is appropriately protected from misuse or breach in compliance with applicable regulations, laws and university policy.
Definitions:
Cloud computing is a computing model that allows for easy, on-demand computing resources (networks, servers, storage, applications and services) that can be quickly provisioned and de-provisioned with minimal interaction and is accessible to users via the internet. Cloud computing can be defined as the utilization of servers or information technology hosting of any type that is not controlled by the university. Examples include: Dropbox, Google Drive/Docs, third party email providers such as Gmail and other products that have not been sanctioned by the university.
Responsibilities:
The Dean of each School or Administrative Division Head is responsible for the promotion of these security policies and standards.
Procedures for complying with these policies and standards, as well as any additional school or division policies, standards and procedures will be developed and maintained by the designee for each school, division, or other subsidiary unit. All school or division policies, standards and procedures should be well documented, up-to-date and meet the minimum requirements established in this policy and accompanying standards. Each school or division is expected to ensure compliance with these policies and standards as well as their own policies, standards and procedures.
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology Services, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
Action When a Required HIPAA Authorization in Human Subjects Research is not Obtained
Effective Date:
June 22 2016
Policy Number:
HPR 2 01
Policy Applicability:
This policy applies to the University Research Community
Policy Statement:
When it is discovered that a required HIPAA authorization is either missing or is incomplete, the researcher shall submit a deviation to the Institutional Review Board/Privacy Board (Board). For incomplete authorizations, this applies to those without, for instance, a signature or a date, or a relationship if the subject is a minor (see Related Information below to access a complete list of authorization requirements). The submission shall include a Corrective Action Plan that includes steps to be taken to prevent future occurrences and sanctions against the individual responsible. The submission shall describe either the plan to obtain a valid authorization from the subject/s or to sequester the data.
The Board, in consultation with the University Privacy Officer, will determine the outcome of the request. No further PHI for the subject/s shall be obtained or used by the researcher until a final Board decision is made.
If the Board determines that the data cannot be maintained for the study, the researcher will not be allowed to use or disclose any protected health information from or about the study subject/s. All such Protected Health Information shall be eliminated from the active research files and sequestered, as appropriate, and an attestation that the required actions have been completed shall be sent to the Board.
Related Information:
- Deviation submission:
http://louisville.edu/research/humansubjects/lifecycle/event-reporting - University Health Care Component:
https://louisville.edu/privacy/covered-entity-status
Policy Reasoning:
The University needs to have a method for handling Protected Health Information used or disclosed for University research purposes when a valid HIPAA authorization has not been obtained from the research subject/s as required by 45 C.F.R. § 164.508.
Definitions:
Covered Entity means:
1. A health plan.
2. A health care clearinghouse.
3. A health care provider who transmits any health information in electronic form in connection with a transaction covered by HIPAA.
Individually Identifiable Health Information - Information that is a subset of health information, including demographic information collected from an individual, and:
1. Is created or received by a health care provider, health plan, employer, or health care clearinghouse; and
2. Relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and
i. That identifies the individual; or
ii. With respect to which there is a reasonable basis to believe that the information can be used to identify the individual.
Protected Health Information - Individually identifiable health information from or about a subject that is:
1. Held by a covered entity, or
2. Received by a UofL researcher who is part of the University's health care component, regardless of source.
policy
Remote Work
Official University Administrative Policy
Policy Name:
Remote Work
Effective Date:
July 1 2021
Policy Number:
PER 4 24
Policy Applicability:
This policy applies to university staff requesting and approved for a remote work arrangement and their supervisors
Policy Statement:
The University of Louisville (UofL) allows its employees to request a remote work arrangement for all or part of their scheduled work week. The remote work arrangement is a prerogative of the university, not an entitlement of employees nor a universal employee benefit. The remote work arrangement must be approved and meet the following criteria outlined in this policy. This policy does not apply to employee's occasional request for a flexible schedule. This is covered in the university's policy PER-4.02 Hours of Work and Flexible Scheduling Guidelines.
A. Employee and Position Eligibility
Remote work arrangements are available to employees whose job duties are appropriate for such assignment. The employee's supervisor, in agreement with the employee's second line supervisor, has the authority and discretion to approve or deny such arrangements based on the nature of the employee's work assignments, employee's performance and other business considerations. All denials will be provided to the VP, dean, or vice provost for their review and consideration. The VP, dean, vice provost's decision is final.
Supervisors must consider the nature of the work to be performed and an employee's ability to perform the assigned work from a remote location. Employees and positions eligible for consideration of a remote work arrangement must meet all criteria below. Supervisors may deny the opportunity to work remotely if the employee has disciplinary action in effect and/or is currently not meeting performance expectations (e.g., performance improvement plan, letter of instruction, oral clarification of expectations.)
- The position:
- has job functions that can be performed at a remote work site without compromising the confidentiality, efficiency, or quality of the work or disrupting the productivity of a unit;
- does not require an employee's physical presence at the regularly assigned place of employment on a daily or routine basis;
- allows for an employee to be as effectively supervised as if the employee performed the job functions at the regularly assigned place of employment;
- has minimal need for in person/on-site interaction or collaboration;
- has an emphasis on the electronic production and/or exchange of information by means of computers, scanners or phones;
- involves quantifiable work product; and
- has minimal or flexible need for specialized materials or equipment available only at the regularly assigned place of employment.
- The Employee:
- has thorough knowledge and understanding of their job duties and the equipment required for the remote work arrangement;
- has access to a remote work site that is safe from hazards and free from interruptions that interfere with the employee's ability to perform assigned job duties; and
- has appropriate safeguards to protect all sensitive and confidential information in accordance with the university's information security and technology policies.
- has job functions that can be performed at a remote work site without compromising the confidentiality, efficiency, or quality of the work or disrupting the productivity of a unit;
- does not require an employee's physical presence at the regularly assigned place of employment on a daily or routine basis;
- allows for an employee to be as effectively supervised as if the employee performed the job functions at the regularly assigned place of employment;
- has minimal need for in person/on-site interaction or collaboration;
- has an emphasis on the electronic production and/or exchange of information by means of computers, scanners or phones;
- involves quantifiable work product; and
- has minimal or flexible need for specialized materials or equipment available only at the regularly assigned place of employment.
- has thorough knowledge and understanding of their job duties and the equipment required for the remote work arrangement;
- has access to a remote work site that is safe from hazards and free from interruptions that interfere with the employee's ability to perform assigned job duties; and
- has appropriate safeguards to protect all sensitive and confidential information in accordance with the university's information security and technology policies.
B. Employment Relationship
The arrangement is voluntary and participation does not alter an employee's work relationship with the university and does not relieve an employee from the obligation to observe all applicable university rules, policies and procedures. All existing terms and conditions of employment, including but not limited to the position description, salary, benefits, vacation, sick leave, personal leave and overtime remain the same, as if the employee works at the regularly assigned place of employment.
C. Agreement and Approval Required
A Remote Work Arrangement and Equipment Maintenance Agreement (Agreement) must be completed and signed by the employee, the employee's supervisor, and the employee's second line supervisor, prior to the employee working from a remote location.
D. Remote Work Terms and Conditions
The employee's signature on the Agreement serves as confirmation that the following terms and conditions have been met and will be maintained throughout the duration of the agreement. The employee attests:
- The remote work site is safe from hazards and the environment is conducive for the employee to perform assigned job duties;
- The remote work site is appropriately equipped for the employee to perform assigned job duties. Depending on the needs of the job duties, this could include providing appropriate work space, telephone, networking and/or Internet capabilities at the remote work site. Employees will not be reimbursed by the employer for these or other related expenses that are directly related to working from home. Internet access must be via DSL, Cable Modem, or an equivalent low-latency, broadband network. General office supplies, such as paper, pens, paperclips, etc., purchased by the university department will be available to employees working remotely;
- The remote work site is secure and has appropriate safeguards to protect all sensitive and confidential information in accordance with the university's information security and technology policies;
- The employee is responsible for any auto accidents that occur while driving their personal vehicle for university business in accordance with the university's Vehicle Use policy;
- They will remain accessible during the remote work schedule;
- They will check in with the supervisor to discuss status and open issues;
- They will be available for teleconferences, scheduled on an as-needed basis;
- They will be available to come into the office if a business need arises, with reasonable notice. Employees will not be reimbursed by the employer for travel, mileage, or any other commuting expenses that are directly related to reporting to their regularly assigned place of employment from their home or approved remote work location;
- They will request supervisor approval in advance of working any overtime hours (if employee is non-exempt); and
- They will request supervisor approval to use vacation, sick, or other leave in the same manner as when working at the employee's regularly assigned place of employment.
E. Equipment and Supplies Terms and Conditions
- The employee is responsible for identifying all university equipment and supplies (office, hardware, software, and communications) needed and to be used to perform job duties at the remote work site. Equipment utilized at the remote work site must be documented in Section II of the Agreement or attached to the Agreement.
- If the purchase of university equipment and supplies are necessary for use at a remote work site, the purchase(s) must be pre-approved by the supervisor and in accordance with university policy. If approved, the equipment or supplies necessary for use at the remote work site shall be purchased via an approved university funding source.
- The university will not reimburse the employee for any expenses directly related to working from home (e.g. utilities, internet, telephone, insurance, personalized computer equipment) associated with the use of the employee's residence for remote work arrangements.
- Only university approved software shall be used for connecting with the university's network from the remote work site. Employees are responsible for ensuring the university prescribed anti-virus software is up to date and operates at all times and is in accordance with university policies, procedures and applicable copyright laws and manufacturers' licensing agreements (see information security and technology policies in Related Information section below).
- The employee is responsible for safeguarding all equipment and software used at the remote work site and accept financial responsibility for such equipment or software that is lost, stolen, or damaged because of the employee's negligence, misuse or abuse. The employee must report all lost, stolen, or damaged equipment or software to the local police department, employee's supervisor and to the Information Security Office at isopol@louisville.edu immediately. The supervisor must report the incident to Risk Management 502-852-4654 within 24 hours of the incident.
- Equipment and software must have all protective security and technology safeguards in place and be compliant with university policies and procedures.
- The employee is responsible for returning all university equipment, supplies, materials, records and other work-related documents to the department, promptly upon receipt of a written notice request or at the termination of their Agreement or immediately at the termination of the employee's university employment. The employee agrees to have the value of the equipment, supplies, materials, records, and other work-related documents deducted from the employee's paycheck if the employee fails to comply with this requirement. The University may pursue recovery from the employee for University property that is deliberately, or through negligence, damaged, destroyed, or lost while in the employee's care, custody, or control.
F. University Record and Data Maintenance
The employee will maintain university records and data, in a safe, secure, and orderly manner as defined by the department and in accordance with university records retention and management policies and procedures and information security policies and procedures. The employee agrees with the following terms and conditions.
- The employee agrees to maintain all university records and data from loss or damage;
- The employee agrees to store and maintain all university data in university approved storage services;
- The employee agrees to use their university email account when performing work related to the university;
- The employee agrees and understands that all records and data, including products, documents, and reports, created at the remote work site because of work-related activities are the intellectual property of the university;
- The employee agrees to protect university records and data from unauthorized or accidental access, use, modification, destruction, or disclosure;
- The employee agrees to report all incidents of unauthorized access of university records or data to the employee's supervisor and to the Information Security Office at isopol@louisville.edu immediately; and
- If employees are responsible for or have access to sensitive information (such as HIPAA, FERPA, PII, PHI, etc.), they are required to use university issued computers and follow all university policies as related to sensitive information. Support and information on working remotely is available from ITS at https://louisville.edu/its/tech-support/working-remotely.
G. Employee Work Schedule, Location and Availability
- Employee Work Schedule and Location
A remote work arrangement does not necessarily alter the employee's scheduled work hours. The employee's work schedule and location shall be approved by the supervisor and outlined in the Agreement. - Employee Availability
a. The employee must be available for communication and contact during their normally scheduled work hours, as they would be if working at their regularly assigned place of employment;
b. The employee and their supervisor must agree on how their communications will be managed. During the agreed upon work schedule, it is expected that the employee is available for contact by phone, email, and other university approved collaboration tool (e.g. Teams); and
c. The employee is expected to report to their regularly assigned place of employment as agreed upon with their supervisor and as indicated in the Agreement. Additionally, when operational needs require, an employee must report to the regularly assigned place of employment upon the supervisor's request. The supervisor must give the employee as much advance notice as feasible under the circumstances presented. Employees will not be reimbursed by the employer for travel, mileage, or any other commuting expenses that are directly related to reporting to their regularly assigned place of employment from their home or approved remote work location.
H. Timekeeping and Leave
The employee must follow all university policies and procedures related to timekeeping and leave. Departmental timekeepers must maintain all timekeeping and leave records for the employee.
I. Liability
- The university assumes no liability for injury or illness at the remote work site of persons who would not normally be in the work area if the duties were being performed at the regularly assigned place of employment. An employee who suffers from injury or illness while working at a remote work site must notify their supervisor immediately and complete all requested Workers' Compensation documents. Workers' Compensation benefits apply to injuries and illness arising out of and in the course and scope of employment.
- The university will not be liable for damages to employee-owned equipment being used at remote work site or resulting from a remote work arrangement. The university will not be responsible for operating costs, home maintenance, or any other incidental costs (e.g. utilities, internet, telephone, insurance) associated with the use of the employee's remote work site for remote work arrangements.
- When an employee's remote work site is located in a state outside of Kentucky, the employee is responsible for notifying the University's Payroll Department at 502-852-2978 of such arrangements that relate to working in another state. The employee is responsible for any income tax implications related to the employee's remote work arrangement. The university will not provide tax guidance or assume any tax liabilities relating to such arrangement on the employee's behalf.
J. Duration of Agreement
The Agreement will remain in effect unless terminated in accordance with the criteria set forth in this policy.
K. Termination of Agreement
The employee may request for their Agreement to be terminated and must provide written notice to their supervisor fifteen (15) university business days prior to the requested date of termination. The supervisor in agreement with the VP, dean, or vice provost may deny an employee's request to terminate an Agreement, if it is the best interest of the university. This may result in the employee not being able to meet the minimum requirements of the position if a remote work arrangement is required for employment. The supervisor must make a decision regarding the termination request and respond to the employee within fifteen (15) university business days.
The employee's supervisor reserves the right to terminate the Agreement within fifteen (15) university business days if the employee's supervisor, in agreement with the employee's second line supervisor, determines that the remote work arrangement is no longer in the best interest of the university. The university reserves the right to terminate the Agreement without written notice for any employee violations of university policy or the terms and conditions of the Agreement, or to comply with relevant change in university policy or law. The university shall not be held responsible for costs, damages, or losses associated with the termination of the Agreement.
When the Agreement is terminated, the employee must promptly return all university property, supplies, and documentation (equipment, software, paper, notepads, pens/pencils, notes, data, reference materials, sketches, drawings, memoranda, reports, records, etc.) in the employee's possession or control.
When the Agreement is terminated, the supervisor must advise the employee of the date and location of their return.
L. Compliance
Employees who violate this policy will be subject to disciplinary action, up to and including immediate termination of the employee's remote work arrangement and associated Agreement and/or termination of employment.
Individuals may report violations of this policy to Employee Relations at emrelate@louisville.edu, to the University Integrity and Compliance Office at compliance@louisville.edu or anonymously to the University's Compliance and Ethics Hotline by submitting an online report or calling the toll-free number 877-852-1167.
Related Information:
Hours of Work and Flexible Scheduling Guidelines PER 4.02
Time and Attendance Records PER 4.01
Information Security and Technology Policies
Policy Reasoning:
To allow employees the option to work at remote sites when it is in the best interest of the university and to outline criteria that must be met by employees who have a Remote Work Arrangement and Equipment Maintenance Agreement.
Definitions:
- A regularly assigned place of employment is the location on the University campus where an employee usually and customarily reports for work or where work is performed.
- Remote Work is a work arrangement that involves an employee routinely working one or more days per week at a location that is not the regularly assigned place of employment.
Official University Administrative Policy
Policy Name:
Classified or Sensitive Research
Effective Date:
April 19 2010
Policy Number:
RES 3 01
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
The University will not accept or continue research contracts for which the identity of the sponsor and the purpose and scope of the research cannot be disclosed. The University must be free to publish the names of the sponsor and principal investigator, the project title and the award amount.
Students must be free to pursue knowledge in an open environment. Consequently, formal academic work by students (coursework, theses, dissertations, etc) shall not include classified or sensitive research.
Post-doctoral fellows may not participate in classified or sensitive research if there are any restrictions that would limit their academic progress.
The University does not permit the conduct of programs that have as their sole or primary purpose the destruction of human life or the malicious incapacitation of humans.
To fulfill its mission as a tax-exempt academic institution the University must disseminate the results of research and other scholarly activities. Typically, the University will decline agreements that prohibit or restrict the right to publish or release research results. The University, however, may accept agreements that prohibit or restrict the right to publish or the release of information/research results inherent in classified or sensitive research when:
- The restricted results are only a small part of the overall project results or the sponsoring agency allows publication of non-classified, non-sensitive reports of research results, subject to their review;
- The research has academic merit and is compatible with the mission of the University; and
- The restrictions on publication do not have an adverse effect on any faculty personnel action, such as decisions about promotion and tenure, periodic career review, or contract renewals.
Sponsors of classified or sensitive research projects will finance the unique public relations, safety and/or security costs, including cost associated with biosafety, hazardous materials and storage of data required for conduct and security of the project.
Policy Reasoning:
It is the policy of the University of Louisville to encourage freedom of communication of ideas and information in all areas of academic endeavor. However, in some instances, academic inquiry produces results, the full and immediate disclosure of which would be detrimental to the national security of the United States. In such cases, it may be appropriate for the University to accept certain limitations on the conduct and communication of research results. The process by which the University of Louisville shall accept or continue a research project that produces classified or sensitive results is included in this policy. Because of the stringent requirements surrounding classified research, the university generally does not accept such contracts. This policy covers those rare instances where an exception might be made on a case-by-case basis.
Definitions:
Classified research is defined as a research project where some or all of the results must be reviewed by the sponsoring agency for security classification as defined by the federal government that could restrict the right to freely share the details of the conduct of or the outcome of the research.
Sensitive Research is defined as a research project where the release or publication of some or all the results or information about the research project must be approved1 prior to release or publication by the sponsoring agency or other governmental entity and thus would restrict the right to freely share the details of the conduct of or the outcome of the research. Examples include descriptions such as Sensitive but Unclassified, For Official Use, and contract provisions requiring compliance with export control laws which limit the sharing of information/controlled items with foreign individuals (e.g. deemed export) or transfer of that information/controlled items outside the U.S.
Responsibilities:
Deans, Directors, and Department Heads: Each chair, director or head of administrative unit shall ensure that all research under his / her direction has been properly reviewed and approved as required by University policy. Each chair, director, or head of administrative unit will take all necessary steps to assure that participation in classified or sensitive research will not adversely affect the progress of students to degree and post docs or faculty to advance through the academy. In addition, each chair, director, and unit head has a responsibility to oversee any classified or sensitive research being conducted in his / her area, to ensure that all such research is conducted in full compliance with regulatory or statutory requirements, contractual agreements and university policy and to ensure that the research remains consistent with the overall mission of the University.
Institutional Officials: University officials, other than chairs, directors or heads of administrative units, shall ensure that all research under his / her direction has been properly reviewed and approved as required by University policy and to oversee any classified or sensitive research being conducted in his / her area and to ensure that the research remains consistent with the overall mission of the University.
Administrative Offices: The Office of the Executive Vice President for Research shall be responsible for administering all University research policies, including this policy. The Executive Vice President for Research, or designee, shall be responsible for providing annual report on all classified or sensitive projects to University Community.
VIOLATIONS OF THIS POLICY
Failure of individuals to comply with this policy could result in a range of penalties. These penalties are outlined in the University's Administrative Sanctions for Violations of University of Louisville Research Policies. All policies are listed at https://louisville.edu/research/researchers/policies.
Official University Administrative Policy
Policy Name:
Data Facility Security
Effective Date:
July 23 2007
Policy Number:
ISO 009 v2 0
Policy Applicability:
This policy applies to all persons while conducting performing work teaching research or study activity or otherwise using university resources Scope Applicability also includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
Data Facilities are controlled facilities devoted to housing servers, networking equipment and other computing devices. Access to the university, school, division or other data facilities must be controlled and restricted to appropriate personnel as required by their position and job responsibilities.
Policy Reasoning:
To establish access and environmental controls for areas housing University servers, networking equipment and other computing devices.
Responsibilities:
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
policy
Network Service
Official University Administrative Policy
Policy Name:
Network Service
Effective Date:
July 23 2007
Policy Number:
ISO 010 v2 1
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
The Information Technology division is responsible for the provision and management of enterprise-wide local area network services, including wireless networks. All connections to the network must be via university-approved mechanisms. Only authorized Information Technology staff may access, install, manage, or make changes to network infrastructure equipment including but not limited to enterprise servers, routers, switches or telecommunications equipment.
Related Information:
Related Links:
Wireless support - http://louisville.edu/it/departments/communications/wireless/
ISO-007 User Accounts and Acceptable Use
ISO-012 Workstation and Computing Devices
ISO-013 Server Computing Devices
Policy Reasoning:
The university will provide the required infrastructure for enterprise-wide local area network services, (including wireless) and connections to the internet, internet-2 and other external networks. This policy sets forth standards and requirements for configuring and connecting to the university network in order to maintain security, integrity and availability of resources.
Definitions:
Sensitive Information
Information of a confidential or proprietary nature and other information that would not be routinely published for unrestricted public access or where disclosure is prohibited by laws, regulations, contractual agreements or University policy. This includes (but is not limited to) full name or first initial and last name and employee ID (in combination), identifiable medical and health records, grades and other enrollment information, credit card, bank account and other personal financial information, social security numbers, grant reviews, dates of birth (when combined with name, address and/or phone numbers), user IDs when combined with a password, etc. Sensitive information does not include personal information of a particular individual which that individual elects to reveal (such as via opt-in or opt-out mechanisms) (see Information Management and Classification Standard).
Spoofing
The use of software or other techniques to appear on the network as something other than reality (masquerading as something you are not). Example: The hacker tricked the system into allowing him onto the trusted network by spoofing the identity of a trusted server.
Responsibilities:
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
Policy Statement on Sponsored Programs
Effective Date:
March 14 1969
Policy Number:
RES 3 02
Policy Applicability:
This policy applies to the University Community administrators faculty and staff
Policy Statement:
The University of Louisville judges each actual or proposed sponsored program on its individual merits and goals, without prejudice as to the title of the supporting agency.
A contract or grant is accepted only if its activities can be pursued in the University's environment of academic freedom, objectivity, and scholarly merit, without hindrance of the University's three basic functions.
Whether it be classified or not, no contract or grant can be accepted if its purpose and scope cannot be disclosed to the degree necessary to determine its appropriateness to the University and its potential contribution to the public welfare.
The University does not permit the conduct of programs that have as their sole or primary purpose the destruction of human life or the malicious incapacitation of human beings.
Policy Reasoning:
The academic community generally agrees that the functions of universities include teaching, research, and public service. Like all major universities in this country, the University of Louisville frequently enters into contractual or grant agreements with both public and private agencies to provide financial support for programs of mutual interest. Such sponsored programs ordinarily are advantageous to the University and consistent with it functions.
Official University Administrative Policy
Policy Name:
Inventory Tracking and Discarding of Computing Devices
Effective Date:
July 23 2007
Policy Number:
ISO 016 v2 1
Policy Applicability:
This policy applies to all persons while conducting performing work teaching research or study activity or otherwise using university resources Scope Applicability also includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
Sensitive information must be permanently deleted from all computing devices and electronic media that is redeployed, transferred, sent to surplus, discarded, removed from service or that changes service and/or facilities.
Related Information:
NIST Media Sanitization Standards
Related inventory procedures: Inventory and Surplus
Policy Reasoning:
Sensitive data must be protected from unauthorized access or disclosure throughout its entire lifecycle from origination to destruction. Electronic media and computing devices, regardless of their value, that contain sensitive information must be properly inventoried, tracked and secured at all times. Sensitive data must be properly eradicated upon destruction or redeployment.
Definitions:
Sensitive information: Information of a confidential or proprietary nature and other information that would not be routinely published for unrestricted public access or where disclosure is prohibited by laws, regulations, contractual agreements or University policy. This includes (but is not limited to) full name or first initial and last name and employee ID (in combination), identifiable medical and health records, grades and other enrollment information, credit card, bank account and other personal financial information, social security numbers, confidential or proprietary research data, dates of birth (when combined with name, address and/or phone numbers), user IDs when combined with a password, etc. See Information Management and Classification Standard.
Computing Devices:Includes but is not limited to workstations, desktop computers, notebook computers, tablet computers, network enabled printers, scanners and multi-function devices, mobile devices, email/messaging devices, cell phones, removable hard drives, flash or "thumb" drives, etc. all hereafter referred to as "computing devices".
Electronic Media: Includes all electronic data storage devices funded as under Computing Devices above or other electronic data storage devices used to store UofL related data. Media includes but is not limited to removable and non-removable storage such as hard drives, CDs, DVDs, magnetic tape, removable disks (floppy, zip, cartridge systems, etc.) and flash memory devices.
ePHI: Electronic Protected Health Information - Health information maintained or transmitted in an electronic format that:
1. Identifies or could be used to identify an individual;
2. Is created or received by a healthcare provider, health plan, employer or healthcare clearinghouse; and
3. Relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of healthcare to an individual.
Responsibilities:
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
Employment Applications
Effective Date:
May 1 1992
Policy Number:
PER 2 04
Policy Applicability:
This policy applies to the University Community Administrators Faculty Staff and Students and Applicants
Policy Statement:
All candidates for hire shall complete an Application for Employment. The candidate's signature shall attest to the truth of all statements contained therein. Falsifying information may be cause for rejecting an application from consideration and/or dismissal.
Applications shall be accepted without regard to race, sex, age, color, national origin, ethnicity, creed, religion, diversity of thought, political viewpoint, social viewpoint, disability, genetic information, sexual orientation, gender, gender identity and expression, marital status, pregnancy, or veteran status.
An applicant shall not be hired if:
- They do not meet minimum education, training, experience, and skill requirements, or the equivalent established for the position;
- They falsified or failed to complete the Application for Employment;
- They have an unsatisfactory employment record as shown by factual evidence.
EXCEPTION
The Vice President for Human Resources, in consultation with the department head, may approve a waiver of minimum qualifications in instances where qualified applicants are not available after a reasonable search.
All applications shall be tracked in the Human Resources Information System (HRIS), which is the university's system of record.
Related Information:
EMPLOYMENT TESTS
- The Office of Federal Contract Compliance Programs (OFCCP) and the Equal Employment Opportunity Commission (EEOC) define a test as any measure or measures of general intelligence, mental and learning ability, specific intellectual activities, dexterity and coordination, knowledge and proficiency, occupational and other interests, attitudes, personality, or temperament. The term "test" also encompasses all formal or informal techniques to determine job suitability. Examples are background requirements, specific educational or work history requirements, interviews, training programs, probationary periods, provisional employment period, and physical work requirements.
- Employment tests shall have the approval of the Vice President for Human Resources.
CRIMINAL BACKGROUND INVESTIGATIONS
All initial hires, including permanent and temporary Staff, Faculty, Administrators, Graduate Students, D12, H12, S26 (Federal Work Study), non-stipendiary student workers, and rehires to the university require a Criminal Background Check, or CBC. Applicants must agree, authorize and consent to a criminal background check and to make results known to the Human Resource Department. A record of convictions will not necessarily bar an applicant from employment; Human Resources, in consultation with appropriate entities will evaluate the conviction to determine whether it is relevant to the specific job responsibilities of the position and whether hiring the person may constitute an unacceptable risk. The nature, gravity, recency and frequency of convictions and the nature of the job duties will be considered. For additional information regarding the CBC process and requirements, please contact Human Resources, Employment Services.
The Office of Federal Contract Compliance Programs (OFCCP)
Criminal Background Check Frequently Asked Questions (log-in required)
The Equal Employment Opportunity Commission (EEOC)
Definitions:
Official University Administrative Policy
Policy Name:
Digital Millennium Copyright Act Compliance
Effective Date:
June 24 2015
Policy Number:
IT 1 01
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students and users of University systems or networks
Policy Statement:
The University of Louisville (University) will take quick action to respond to a notice of an alleged copyright infringement occurring from a computer connected to the University's network. Complaints will be referred to Information Technology Services and appropriate campus officials for investigation and remediation. Appropriate steps will be taken to stop unauthorized downloading or distribution of copyrighted materials.
Employees and students and others using University systems and networks whose actions result in copyright infringement, in accordance with this policy, will be subject to disciplinary action and/or controls/limitations on access to University systems and network. The unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, is subject to civil and/or criminal penalties.
Related Information:
- Copyright Laws of the United States: https://www.copyright.gov/title17/
- DMCA - Digital Millennium Copyright Act
- Higher Education Opportunity Act (HEOA): https://www.ed.gov/higher-education-opportunity-act-of-2008
- Legal Sources of Online Content
- University Compliance with the Higher Education Opportunity Act (HEOA) Peer-to-Peer File Sharing Requirements: https://louisville.edu/its/about-us/about-its
- University Registered DMCA Agent Contact Information
Policy Reasoning:
To inform individuals of the University of Louisville (University) policy and procedures when responding to notices of an alleged copyright infringement occurring from a computer connected to the University's network and to comply with the Digital Millennium Copyright Act (DMCA) and Higher Education Opportunity Act (HEOA) in responding to such complaints.
Definitions:
Copyright infringement - involves the reproduction or distribution of a copyrighted work without permission or legal authority.
Responsibilities:
The university community and its users of University systems or networks are responsible for complying with this policy and procedures.
policy
Records Management
Official University Administrative Policy
Policy Name:
Records Management
Effective Date:
July 7 1976
Policy Number:
UARC 3 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
Records management standards and principles apply to all forms of recorded information, from creation to final disposition. These records are subject to retention, destruction, and inspection.
Related Information:
REDBOOK Sec. 2.5.6 Archives and Records Policy
The University Archives and Records Center is the official repository for all University records and is responsible for the University's compliance with state and federal records laws, including those governing personal privacy; public access; micrographic, photographic, or electronic storage and reproduction; overall disposition; and destruction. The University Archives and Records Center shall preserve proper and adequate documentation of University policies, decisions, procedures, functions, and essential transactions.
Policy Reasoning:
All records generated in the course of business at the University of Louisville are governed by the State University Model Records Retention Schedules, which are approved by the Kentucky State Archives and Records Commission for the retention and destruction of records created by all of the public colleges and universities in the Commonwealth.
Definitions:
Kentucky law defines public records as "all books, papers, maps, photographs, cards, tapes, disks, diskettes, recordings, and other documentary materials, regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency" (KRS 171.410, Section 1). The Kentucky Open Records Act mandates that "public records shall be open for inspection by any resident of the Commonwealth, except as otherwise provided by KRS 61.870-61.884" (KRS 61.872, Section 1).
Responsibilities:
The University Archivist serves as the official custodian of University records.
As dictated by the State University Model Retention Schedule (effective June 9, 2022):
- All college and university employees are responsible for maintaining records according to the State University Model Records Retention Schedule, whether those records are stored electronically or in paper. Information must be accessible to the appropriate parties until all legal, fiscal, and administrative retention periods are met, regardless of the records storage medium.
- State college and university heads have the responsibility to know all the appropriate confidentiality laws, statutes and regulations that apply to the records maintained by their respective institutions and to see that those laws are enforced.
Official University Administrative Policy
Policy Name:
Work Outside the University
Effective Date:
May 1 1992
Policy Number:
PER 1 12
Policy Applicability:
This policy applies to University Administrators and Staff
Policy Statement:
Employees may perform work outside the university provided that such work does not conflict with their duties and responsibilities to the university or violate state regulations.
Related Information:
See conflict of interest policies and procedures for disclosure requirements of potential conflicts of interest prior to acceptance of work outside.
See Redbook Article 5.6 Work Outside the University specific to staff members.
Policy Reasoning:
The university realizes employees are often asked to work outside the university because of their professional expertise and/or capacity within the institution.
Definitions:
Official University Administrative Policy
Policy Name:
Policy Exception Management Process
Effective Date:
July 23 2007
Policy Number:
ISO 004 v2 0
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
Information security considerations such as regulatory, compliance, confidentiality, integrity and availability requirements are most easily met when university constituents employ centrally supported or recommended standards. The University understands that centrally supported or recommended technologies are not always feasible for a specific school, division or other university sub-division. Deviation from centrally supported or recommended technologies is discouraged. However, an information security policy exception may be considered where a justifiable business and/or research purpose exists and where resources are sufficient to properly implement and maintain alternative technology or processes that meet or exceed existing university policies and standards. All policy exceptions must follow the process outlined within this policy.
Policy Reasoning:
The purpose of this policy is to allow university entities the ability to do what is needed to further their area's mission while, at the same time, have reasonable assurance that solutions adopted are in compliance with applicable laws, regulations and university requirements.
Responsibilities:
Policy Authority/Enforcement: The University's Information Security Officer (ISO) is responsible for the development, publication, modification and oversight of these policies and standards. The ISO works in conjunction with University Leadership, Information Technology, Audit Services and others for development, monitoring and enforcement of these policies and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
policy
Voice Mail
Official University Administrative Policy
Policy Name:
Voice Mail
Effective Date:
March 4 2011
Policy Number:
ISO 021 v2 1
Policy Applicability:
This policy applies to all University workforce faculty and student members including but not limited to faculty staff students temps trainees volunteers and other persons as deemed appropriate while conducting performing work teaching research or study activity using University resources and includes all facilities property data and equipment owned leased and or maintained by the University or affiliates
Policy Statement:
The University provides voice mail messaging to its faculty, students and staff for educational, research, and internal business purposes.
Policy Reasoning:
The purpose of this policy is to promote the appropriate and effective use of University of Louisville's voice mail system.
The Acceptable Use Policy serves as the foundation for this policy and addresses issues related to privacy and disclosure.
Responsibilities:
Policy Authority/Enforcement: Enterprise Information Technology Management is responsible for the development, publication, modification and oversight of this policies and standards. Information Technology will work in conjunction with University Leadership, Information Security, Audit Services and others for development, monitoring and enforcement of this policy and standards.
Policy Compliance: Failure to comply with these policies and standards and/or any related information security and/or information technology policy, standard or procedure may result in disciplinary action up to and including termination of employment, services or relationship with the University and/or action in accordance with local ordinances, state or federal laws.
Official University Administrative Policy
Policy Name:
Training and Development
Effective Date:
May 1 1992
Policy Number:
PER 7 01
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The university strongly encourages all regular employees to continually pursue excellence in their field through participation in both academic and non-academic programs. In support of this goal, the university affords employees many opportunities to maintain state-of-the-art expertise in their profession by providing academic programs in the latest technology and supporting participation in continuing education programs, symposia, management training, etc.
Employees are urged to complete academic degrees and pursue graduate studies, not only to better perform their duties and responsibilities, but also to promote their own personal growth. Continuing academic pursuits will heighten their commitment to their job and to the university and will prepare them for positions in which they will be able to make even greater contributions to the achievement of university goals.
Faculty members are encouraged to participate in programs which will enhance their teaching skills, increase their resources for research, and improve their ability to disseminate their findings.
Department heads and supervisors are encouraged to support their subordinates in their pursuit of academic and non-academic achievement by allowing flex-time schedules and/or providing financial support.
Official University Administrative Policy
Policy Name:
Administrative Overhead Fee
Effective Date:
July 1 2009
Policy Number:
BFP 011
Policy Applicability:
This policy applies to Deans Vice Presidents Center Directors Lead Fiscal Officers and Unit Business Managers
Policy Statement:
The University assesses an administrative overhead charge to all activities that are considered Auxiliary Enterprises, Service Centers, and Program Budgeted. This rate may change from year to year as approved by the Office of the President. The rates for subsequent years normally will be determined during the University's annual budget development process. This policy applies to all "Program Budgets" - identified in the University's financial system as program types 1xxxx, 4xxxx, and Sxxxx. The Office of Budget and Financial Planning will maintain and provide to the Controller's Office a list of "Program Budgeted" programs subject to the overhead recovery charge.
Related Information:
Federal Grants & Contracts - To comply with federal guidelines on grants and contracts, OMB Circular A-21, no federal grant or contract may be assessed the overhead expense recovery charge. In the near term, Service Centers will establish separate rate schedules for federal grants and contracts excluding them from the rate calculation for this overhead recovery charge.
Policy Reasoning:
The purpose of the administrative overhead recovery charge is to partially offset central University expenses associated with administrative support of these programs, which historically are treated differently from most University programs in several respects (budgeting, accounting, purchasing, human resources, etc.).
Definitions:
Auxiliary Enterprises, Service Centers, and Program Budgeted are "stand-alone" business-like operations that generate both revenue and expenses associated with a specific, identifiable academic or support function. The operations are expected to be self-supporting, with increases in expenses being offset by concomitant increases in revenue. The operations of such self-supporting programs typically provide specialized services, support and/or products for students, faculty, staff, and in some occasions, to the general public.
Departmental Credits - for the purposes of this policy, departmental credits (charge backs) are excluded from the definition of expenses and thereby not included in the calculation of the overhead recovery charge.
Exclusions - Programs that require no administrative support from the University, such as Program Budgets that simply pass through funds for management accountability, are excluded from the administrative overhead charge.
Responsibilities:
Unit and departmental Business Managers (UBMs) are responsible for monitoring overhead charges on a monthly basis to ensure that any problems can be addressed in a timely manner.
The Office of Budget and Financial Planning will perform periodic reviews to verify that newly established programs are added to the overhead assessment schedule and that current programs are being charged correctly. These reviews normally take place during the development of the annual operating budget.
Questions relating to the implementation of the overhead recover charge may be addressed directly to the Controller's Office. Point of contact is the Director of Accounting & Financial Reporting.
policy
Agency Programs
Official University Administrative Policy
Policy Name:
Agency Programs
Effective Date:
May 1 2010
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
An agency fund program may be established by faculty/staff/student organizations, professional associations, and other affiliated entities (sponsor or agency) whose collaborative work with the University serves mutual interests. All agency fund programs must be approved by the Controller's Office.
Related Information:
Agency fund programs account for activities or services performed or administered by the sponsor or agency that supplement and are consistent with the mission of the University. Ownership of agency funds is retained by the sponsor or agency and unused funds are to be returned to the sponsor or agency. The University acts as a banker for these funds and its responsibility to a sponsor or agency under this policy is limited to acting as the fiscal agent.
Guidelines for accepting, administering, and accounting for an Agency Fund Program
- University funds may not be deposited in an agency fund program.
- Student organizations/groups must be a Student Affairs recognized student organization (RSO).
- The sponsor or agency are to keep the Controller's Office informed of changes in contact person(s), University advisor(s), and responsible person(s).
- Agency fund programs are subject to federal and state laws. The sponsor may impose additional limitations.
- University cash may not be loaned to agency fund activities. Sponsors must provide for cash needs in advance.
- Expenditures will not be processed against an agency program in a deficit cash position.
- An agency program that will be disbursing funds to an individual who is not a United States citizen may have special reporting requirements that the sponsor agrees to meet.
- An agency fund program does not earn interest income and fees are not charged for program maintenance.
- Checks from agency fund programs are processed in accordance with the University Accounts Payable disbursement schedule.
Closing an Agency Fund Program
Agency fund program closure requires written notice from the sponsor or agency or responsible person and approval by the Controller's Office. The Controller's Office reserves the right to close an agency fund program if sponsor or agency is no longer associated with the University or use of the agency fund program is found to be in violation of University policies and procedures.
If there is no activity for a period of two years the Controller's Office will contact the responsible person to see if the program needs to be closed and remaining funds returned to sponsor or agency. If responsible person cannot be located all funds will be placed in a holding program pending information from the sponsor or agency as to distribution of funds.
After five years if the sponsor or agency cannot be located or it is found that the sponsor or agency no longer exists, all funds will be transferred to and become University miscellaneous income. Remaining funds must be returned to the sponsor if at all possible.
Policy Reasoning:
To define agency fund programs and to outline the guidelines for accepting, administering, and accounting for agency fund programs.
Definitions:
Agency fund program: A program which records funds held by the University as custodian or fiscal agent for a sponsor or agency or a University-related organization.
Sponsor or Agency: The individual or group whose funds are accounted for in the agency fund program.
Responsible person or persons: The person (normally a University employee or employees) designated to authorize expenditures and manage the program in accordance with state and University rules, regulations, and procedures.
University: The University of Louisville and any of the related or affiliated organizations, including, but not limited to the University of Louisville Research Foundation, Inc. and the University of Louisville Athletics Association, Inc.
Responsibilities:
- The sponsor or agency will ensure that all disbursements from the program are made in accordance with University policies, procedures, and/or other written agreement on file.
- The Controller is responsible for approving and establishing agency programs in the financial reporting system.
Official University Administrative Policy
Policy Name:
Biological Safety Cabinet Use
Effective Date:
April 7 2004
Policy Applicability:
This policy applies to any principal investigator researcher instructor laboratory or clinical manager that uses a BSC This policy also applies to Department chairs that take ownership of BSCs from a departing or deceased principal investigator researcher instructor laboratory or clinical manager Proper certification and decontamination of a BSC is important to protect both personnel and the environment as persons who manipulate infectious microorganisms are at increased risk of acquiring an occupational illness when their BSCs are functioning improperly Annual certification of BSCs is required by the Occupational Safety and Health Administration OSHA Bloodborne Pathogen Standard 29 CFR 1910 1030 when using pathogens requiring Biosafety Level 2 BSL 2 containment or higher Investigators are advised that the use of a BSC is safe only if maintained according to this policy
Policy Statement:
Biological Safety Cabinets (BSCs) that are used for biohazardous/infectious agents shall be certified:
- After initial installation;
- After being moved; or
- At least annually.
BSCs shall be decontaminated before the cabinet is:
- Relocated;
- Repaired; or
- Taken out of service.
Decontamination is recommended as a prudent practice (1) after a gross spill of infectious material or (2) before the cabinet activity is changed from work with moderate-risk or high-risk infectious materials to work with noninfectious materials.
Related Information:
Biological Safety Cabinet Certifier List
The University has entered into a contract with the following NSF-certified biosafety cabinet service providers.
All university investigators must contact one of these providers to schedule services:
Precision Air Technology Lewis Testing Services, Inc.
P.O. Box 46449 P.O. Box 39109
Raleigh, NC 27620 Indianapolis, IN 46239
Phone: 919-812-0340 Phone: 317-862-9387
Fax: 801-740-3346 Fax: 317-862-2397
Email: sanderson@precisionairtechnology.com Email: laura@lewistestingservices.com
Policy Reasoning:
BSCs are among the most common and effective primary containment devices used in laboratories to protect individuals from splashes and aerosols when working with infectious agents. Properly maintained Class I and II BSCs, when used in conjunction with good microbiological technique, provide a very effective containment system for the safe manipulation of low to moderate/high risk (Risk Groups 1-3) microorganisms. BSCs require regular maintenance by professional technicians to assure they function properly and provide the necessary protection to personnel, product and the environment.
The purpose of this directive is to assign responsibilities for the proper use of Biological Safety Cabinets in order to achieve compliance with the above policy.
Definitions:
Biological Safety Cabinet (BSCs): BSCs are primary containment workstations that provide personnel, product and environmental protection during the manipulation of infectious microorganisms.
Certification: On-site testing performed by experienced, qualified technicians that meets the criteria for field-testing of the most recent edition of NSF International's Standard 49, Class II (Laminar Flow) Biohazard Cabinetry (NSF Standard 49), to ensure the functional operation and integrity of the BSC.
Decontamination: Decontamination of a BSC which renders the cabinet non-infectious is best achieved by exposing the work surfaces, exhaust filters, surfaces of the air plenums, and the fan unit to formaldehyde gas, and should only be done by trained personnel, because of the potential for exposure to biohazardous agents as well as the chemicals (formaldehyde) used.
Responsibilities:
Department of Environmental Health and Safety (DEHS)
- Assist in the selection of a BSC appropriate for the containment application.
- Provide a list of companies qualified to perform BSC certification and decontamination according to NSF Standard 49 criteria.
- Provide answers to questions (the Biological Safety Officer is available at 852-6670).
Deans, Directors and Department Chairs
- Ensure that the principal investigator, researcher, instructor, laboratory or clinical manager are aware of and follow the procedures outlined in this policy.
Principal Investigator, Researcher, Instructor or Clinical Manager
- Ensure that the necessary certification/decontamination is performed, and the BSC is not used unless properly maintained according to this policy.
- Ensure that BSCs used for biohazardous/infectious agents are certified after initial installation, after being moved, or at least annually.
- Ensure that a cabinet is decontaminated before it is relocated, repaired or taken out-of-service.
- Ensure that a BSC be decontaminated after a gross spill of infectious material, and before the cabinet activity is changed from work with moderate or high-risk infectious materials to work with noninfectious materials.
- Maintain a record of annual certifications and necessary decontaminations for the BSCs in the laboratory.
- Notify the Biological Safety Officer at 852-6670 prior to modifying the BSC in any way.
Directors and Department Chairs
- Take responsibility for any BSC that is left abandoned by a principal investigator, researcher, instructor, laboratory or clinical manager.
- Implement this policy if the BSC is abandoned and maintain the necessary documentation.
Official University Administrative Policy
Policy Name:
Establishment of a New Position
Effective Date:
May 1 1992
Policy Number:
PER 3 02
Policy Applicability:
This policy applies to University Administrators and Staff
Policy Statement:
All new administrator and staff positions shall be reviewed and assigned to a job classification and pay grade by the Compensation Office of the Human Resources Department and established in accordance with the procedures outlined in this policy.
Policy Reasoning:
The policy helps to ensure new administrator and staff positions are assigned to appropriate job classifications and pay grades and outlines the process to create a new position.
Official University Administrative Policy
Policy Name:
Lactation Accommodations
Effective Date:
May 21 2019
Policy Number:
PER 1 22
Policy Applicability:
This policy applies to University of Louisville employees administrators faculty and staff
Policy Statement:
The University of Louisville (UofL) recognizes the importance and benefits of breastfeeding for mothers and their children and is committed to promoting a family-friendly work environment. UofL will provide its employees who are nursing with reasonable break times and a private place, other than a bathroom, to express breast milk. Mothers are responsible for requesting lactation support prior to or during maternity leave. Supervisors who receive a request are responsible for identifying a lactation space and providing appropriate break times.
UofL and its employees acknowledge that consistent with Kentucky law a nursing mother may breastfeed a child or express breast milk in any private or public location where the mother and child are otherwise authorized to be and will not interfere with, discriminate against, and/or prohibit a nursing mother from conducting these activities. Noncompliance with this policy may result in sanctions, corrective actions, and/or disciplinary actions, up to and including termination in accordance with university policies.
Reasonable Break Times:
Supervisors must allow employees who are nursing to take reasonable break times, including extended break times, to express breast milk. An employee's regular break time may need to be extended for a nursing employee if the employee needs additional time to express milk or travel to the nearest available designated lactation space, especially when a lactation space is not in the immediate vicinity of the workspace. Supervisors and employees are to follow PER 4.11 Rest Periods/Meal Periods when determining if a break time is paid or unpaid.
The frequency of breaks needed to express breast milk as well as the duration of each break will vary. Frequency depends on factors such as the age of the baby, number of breast feedings in the baby's normal daily schedule, and whether the baby is eating solid food. Nursing mothers typically need two to three breaks during an eight-hour shift. The act of expressing breast milk typically takes about 15 to 20 minutes, but factors such as the location of the private place and the amenities nearby (such as proximity to employee's work area, availability of sink for washing, location of refrigerator or personal storage for the milk), as well as the mobility of the nursing mother, can affect the length of break a nursing employee needs to express and store milk. Supervisors and employees shall work together to establish mutually convenient times for breaks.
Lactation Spaces
UofL will provide lactation spaces in proximity to the nursing mother's work area for the employee to express milk in private.
- Lactation spaces must be adequately spaced throughout campus to allow access within a five-minute walk from offices and classrooms.
- The location of the lactation space may be where an employee normally works if there is adequate privacy (e.g. the employee's office, a lockable conference room or another identified space nearby).
- If the space is not solely dedicated to the mother's use, it must be available when needed on a scheduled basis.
- Per federal guidelines, a public restroom may not serve as a lactation space.
Compliance:
To report a violation of this policy, contact the Human Resources Office at hrbpsvcs@louisville.edu, University Integrity and Compliance Office at compliance@louisville.edu, call the University's Compliance and Ethics Hotline at 1-877-852-1167, or submit an online report using the hotline's web-based reporting option.
Related Information:
If a supervisor or employee does not have a designated lactation space within the employee's office location or nearby, they should consult with the Women's Center on public lactation spaces available via email [womenctr@louisville.edu] or by phone, (502)852-8976.
Applicable federal and state laws:
Kentucky Revised Statute, 211.755
Affordable Care Act, Section 4207
Fair Labor Standards Act, Section 7
Title VII of the Civil Rights Act of 1964
Title IX of the Education Amendments Act of 1972
Policy Reasoning:
The purpose of this policy is to ensure University of Louisville employees who are nursing are provided lactation accommodations in accordance with applicable federal and state laws and consistent with the university's values and commitment to provide a great place to work.
Definitions:
Private place -A space designated by UofL as a lactation space. It is a space, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public. The room shall be identified with signage and be equipped with a door that is lockable from the inside, table, chair, trashcan, paper towels, and two duplex electrical outlets. It shall also incorporate space allocation and design for persons with disabilities per ADA standards.
policy
Stand by Pay
Official University Administrative Policy
Policy Name:
Stand by Pay
Effective Date:
May 1 1992
Policy Number:
PER 3 08
Policy Applicability:
This policy applies to University Staff
Policy Statement:
A classified employee on designated non-restricted call will be paid one hour at his or her regular rate of pay for eight hours of standby and, if called in, the employee shall be paid a minimum of four hours pay or the actual hours worked, whichever is greater, in addition to the standby pay. An exception to this policy may be necessary for certain positions and must be authorized by the Vice President for Human Resources.
The hours paid for standby will not be credited toward hours worked in the week for overtime purposes.
An employee who is not required to remain on the employer's premises and is free to engage in his or her own pursuits, subject only to the understanding that he or she leave word at home or with the department about where he or she may be reached, is not working while on standby for the purpose of the State Labor Law. When an employee does go out on call in such a situation, only the time actually spent in making the call needs to be counted as hours worked. Of course, if the standby conditions are so restrictive that the employee is not really free to use the intervening periods for his or her own benefit, he or she may be considered as "engaged to wait" rather than "waiting to be engaged," in which event the waiting time would also be counted as hours worked.
Related Information:
Policy Reasoning:
Employees will not normally be scheduled for standby, but the university may schedule employees when it determines there is a need for standby.
Official University Administrative Policy
Policy Name:
Tobacco and Vaporizing Products
Effective Date:
November 8 2010
Policy Number:
PER 1 14
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students and all visitors including contractors and event attendees
Policy Statement:
The University desires to provide a healthy working and learning environment for its employees and students. The use of tobacco products shall be prohibited everywhere on all campuses, inside buildings and throughout the grounds.
1. Restricted Areas
- The use of tobacco is prohibited on all property owned or leased by the University of Louisville, including all buildings, grounds, and parking lots.
- The use of tobacco is prohibited inside any privately-owned vehicle located on university property. Use of tobacco is prohibited inside any vehicle owned or leased by the university at all times and in all locations.
- When any person enters university property, any smoking material shall be extinguished and disposed of in an appropriate receptacle at the perimeter of the grounds of the university. All other types of tobacco product in use at the time of entry to university property shall also be disposed of in an appropriate receptacle at the perimeter of the grounds of the university. Signage will be posted throughout the campus to indicate that tobacco use is prohibited.
2. Enforcement
This policy is provided for the common good of the entire campus community. As such, the entire campus holds responsibility for its successful enforcement. Employees should encourage policy compliance by reminding those in violation of the policy that the campus is a tobacco-free environment. Organizers of public events on campus are responsible for communicating this policy to attendees. Habitual violators and/or those who become defiant shall be referred as follows:
Student violators- Shall be referred to the Dean of Student's Office. The Dean of Student's Office will handle the situation in accordance with the Code of Student Conduct.
Employee violators- Shall be referred to their supervisor who will handle the situation in accordance with the Discipline Policy.
Policy Reasoning:
To provide a healthy working and learning environment for its employees and students.
Definitions:
For the purpose of this policy:
Tobacco refers to any and all tobacco products, whether inhaled or ingested, as well as electronic cigarettes and vaporizers.
Tobacco products include the use of cigarettes, e-cigarettes, cigars, pipes, smokeless tobacco, vaporizers, hookahs, and similar type products.
policy
Trainee Appointments
Official University Administrative Policy
Policy Name:
Trainee Appointments
Effective Date:
May 1 1992
Policy Number:
PER 2 08
Policy Applicability:
This policy applies to University Staff
Policy Statement:
- Trainees follow the same rules and procedures and receive the same benefits as other staff employees, with the exception of their provisional employment period as defined in Section PER 1.08, Employee Categories and Status.
- The hiring rate and pay progression schedule must be approved and periodically reviewed by the Vice President for Human Resources.
- The provisional employment period for trainees (excluding regular status employees) shall be in effect for the entire training period, not to exceed twelve months and in no case shall it be less than six months.
Related Information:
Section PER-1.08, Employee Categories and Status
Policy Reasoning:
When qualified applicants are not available, or when career development opportunities for university staff justify, the Vice President for Human Resources may, in consultation with the department head, authorize establishment of a specific trainee position. Upon a request by the department head, the Vice President for Human Resources may authorize an appointment to a position on a trainee basis
Official University Administrative Policy
Policy Name:
Establishment of PayPal Accounts
Effective Date:
November 20 2009
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
It is prohibitive to establish a Business PayPal account as a vehicle for accepting or disbursing payments in the course of business under the University, or any affiliated and related organizations as it applies to any and all e-commerce transactions nor can any personal Pay Pal account of an employee contain their respective department's ProCard number in the account profile.
Policy Reasoning:
The flexibility of opening an account and lack of fiscal controls in the governship of the account precludes its existence. All merchant processing arrangements with the University of Louisville and related entities are bound by written contracts between both parties.
Most e-commerce arrangements allow for credit card entry without linking to a personal PayPal account. EBAY, for example whereby "Don't Have a PayPal Account" instance exists, permits the purchaser to be redirected to a secure payment page in which ProCard information can be entered.
However, a transaction by which execution is only allowed using a personal PayPal account, being restricted to ‘disbursement' only status and using a personal credit card number to initiate, the employee must conform to the University's Procurement standards for such purchase to be eligible for reimbursement.
In addition, future requests for proposal (RFP) issued by the University having a processor exclusivity clause would be compromised by unknown PayPal origins. Thus, any questions or concerns should be addressed to the attention of Treasury Management, TREASMGT@louisville.edu.
policy
Soft Money
Official University Administrative Policy
Policy Name:
Soft Money
Effective Date:
July 1 1976
Policy Number:
BFP 013
Policy Applicability:
This policy applies to Deans Vice Presidents Lead Fiscal Officers and Unit Business Managers
Policy Statement:
All tenured and tenure-track faculty positions, not grandfathered in 1978, shall be permanently budgeted on a "hard money" source of funds, as defined by this policy. This applies to positions currently vacant as well as filled positions.
Faculty positions initially established on soft money shall be considered tenurable only when all of the following conditions are met:
- If the duties of the position substantially change and become an integral part of the regular academic program of the university;
- The mission of the university and the interest of the affected college or school is served;
- If hard funds are available to support the full salary and associated fringe benefits; and
- If satisfied requirements of applicable law are met.
(The years of experience while in a non-tenurable status that may be applied toward tenure shall be agreed to by the faculty member, the dean, and the academic vice president and shall be set forth in writing at the time of the status change.)
Requests for new tenurable positions which are not wholly funded from hard money must specify the future source of hard money funding required to cover the entire annual salary and related fringe benefits at the time the Position Authorization Request (PAR) is submitted.
For short-term departmental budgeting purposes, the funding of a faculty position may be switched temporarily throughout the fiscal year. However, the funding sources shall normally revert back to those found in the original operating budget and shown as a permanent source of funds. That is, funding sources which change during the year, e.g. for grant or contract release or for other purposes of a one-time nature, shall be reconstituted in the subsequent year's adopted budget.
A loss of external funding that supports a non-tenurable position will result in a review of that position by the dean and the appropriate academic vice president. A written understanding shall be reached with the candidate and communicated at the time of hiring setting forth this policy.
Policy Reasoning:
The university's official "soft money policy", Administrative Memorandum 76-16, was adopted by the Board of Trustees effective July 1, 1976. It states that all tenured and tenure-track faculty positions shown in the (1977-78) Operating Budget are frozen as to the proportion of hard and soft money support. That is, for faculty positions established before July 1, 1977, the amount of soft money in either tenured or tenure-track positions for a given college or school is fixed and cannot be increased. The amount of soft money supporting a position, however, can be decreased at any time by hard money funds, either on a temporary or permanent basis.
The 1977-78 operating budget also serves as a benchmark, or reference point, for subsequent budgets as to the type and mix of funds for each faculty position existing at that time. Further, all existing faculty positions were grandfathered for future years from the policy. After the 1977-78 fiscal year, all new tenure and tenure-track faculty positions must be completely funded from hard money on a permanent basis and shall be designated as "hard money" positions.
Definitions:
For the purpose of this policy, the following definitions are provided:
- "Hard money" is defined as funds derived from:
- Appropriated funds from the Commonwealth;
- Funds from tuition and fees;
- Certain income from endowment funds, as set forth in the Endowment Fund and Similar Funds Management policy;
- Funds generated from professional practice plans, but limited to 50% of the yearly income averaged over 5 years;
- The "Dean's Fund" at the School of Medicine which is a fixed percent of the income generated from professional practice plans; and
- External funding for faculty with continuous appointments at the Louisville Veteran's Administration Hospital.
- For purposes of this policy, "soft money" is defined as funds derived from all other sources. Examples include gifts, grants, contracts, unspecified clinical fees and the like.
- Tenured positions are those faculty positions held by persons in the professor job classification series (assistant professor, associate professor, and professor) who have been awarded academic tenure.
- Tenure-track, or tenurable positions are those faculty positions in the professor job classification series for whom the incumbent may reasonably expect to be granted tenure no more than seven years after employment, or after equivalent service.
- Non-tenurable track positions are all other faculty positions for which the incumbent will not be considered for tenure, e.g., adjunct faculty, contract research appointments and limited contract appointment series. (These employment contracts explicitly state at the time of hiring that there is no commitment for tenure.)
- Appropriated funds from the Commonwealth;
- Funds from tuition and fees;
- Certain income from endowment funds, as set forth in the Endowment Fund and Similar Funds Management policy;
- Funds generated from professional practice plans, but limited to 50% of the yearly income averaged over 5 years;
- The "Dean's Fund" at the School of Medicine which is a fixed percent of the income generated from professional practice plans; and
- External funding for faculty with continuous appointments at the Louisville Veteran's Administration Hospital.
Responsibilities:
It is the responsibility of the dean of the affected college or school to ensure that each tenured and tenurable faculty position is budgeted on a hard money source of funds, unless specifically grandfathered in 1977.
It shall be the responsibility of the dean of the affected college or school to ensure that each new faculty position is in compliance of this policy.
policy
Sales and Use Tax
Official University Administrative Policy
Policy Name:
Sales and Use Tax
Effective Date:
January 1 2008
Policy Applicability:
This policy applies to all University employees administrators faculty and staff
Policy Statement:
Tax on Applicable Purchases
The University of Louisville (University) is exempt from Kentucky sales and use tax on applicable purchases made by the University as long as the purchased items or services are used solely within the educational or charitable functions of the institution.
Presentation of the University's Purchase Exemption Certificate to the vendor is required to make exempt purchases. Under Kentucky law, use of the University's exempt status for the personal benefit of an employee or any other individual is punishable by fine and/or imprisonment.
Tax on Applicable Sales
The University must collect and remit sales tax as applicable under Kentucky law. The University is not exempt from collecting tax on applicable sales made by the University to customers. Note that under Kentucky law, the following sales are not taxable:
- Sales of food to students in school cafeterias or lunchrooms;
- Sales by school bookstores of textbooks, workbooks, and course materials.
All other sales of tangible property and certain services are considered taxable sales. This includes food sales to the general public, faculty, and staff. This also includes bookstore sales of items not considered course materials such as notebooks, paper, pencils, and similar student aids.
Related Information:
KRS 139.200 - Imposition of sales tax
KRS 139.495 - Application of taxes to resident nonprofit institutions
KRS 139.496 - Exemption of certain sales
Responsibilities:
Department - Identification of taxable sales; collects tax; records tax in GL as per procedure outlined above.
Tax Department - Reports and remits tax to the Kentucky Department of Revenue by the appropriate due date; consults departments on sales tax matters.
Official University Administrative Policy
Policy Name:
Kentucky Sales and Use Tax Exemption on Purchases
Policy Number:
PUR 26 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The Kentucky Sales and Use Tax exemption applies to sales made directly to the University. The Sales and Use tax exemption does not apply to purchases of tangible personal property or services made for use solely in the University function.
Related Information:
Upon request, the University's exemption number must be supplied to vendors to be retained in their records as evidence of non-taxable sales. Every invoice should show the University's exemption number. Use of the Sales Tax Exemption number for the benefit of an employee or other individual is punishable by fine and/or imprisonment.
Materials purchased by Vendors performing construction are NOT tax exempt.
Policy Reasoning:
Universities are exempt from tax on purchases which are used within the educational function of the institutions.
Official University Administrative Policy
Policy Name:
Purchase by Competitive Sealed Bidding
Policy Number:
PUR 3 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
As stipulated by KRS 45A.080 and 45A.100, the University is required to solicit formal Invitations to Bid for commodities and non-professional services*, including constructions, where University Annual spend exceeds $100,000. All Invitation to Bids shall have a specified opening date and time and are publicly opened and read on that date. Late bids are not accepted. A department shall not artificially divide or parcel purchases over a period of time for the purpose of evading the competitive bidding process.
Invitation to Bids shall state that awards shall be made on the basis of best value (KRS 45A.080 (2)).
Purchases between $50,000 - $99,999.99 require three (3) quotes.
Federally-funded purchases between $50,000 - $99,999.99 now require three (3) quotes. See Annual Self-Certification (FY2025).
*Refer to Policy PUR-11.00 for professional services
Related Information:
For cases in which purchases are so divided or parceled, the department head shall be personally liable for the amount by which the total amount purchased exceeds the amount authorized to be purchased.
To obtain quotes, departments may visit www.govquote.us and create an account.
Policy Reasoning:
KRS Compliance
University Policy
Uniform Guidance, 2 CFR 200 200.317-.326
HHS increased the federal micro-purchase threshold from $10,000 to $50,000. See Annual Self-Certification (FY2025). The federally funded purchases over $100,000 will continue to be competitively bid.
Responsibilities:
The University of Louisville Department of Procurement Services has been delegated this responsibility by the President and the Board of Trustees and is the sole point of contact for the University during an open bidding process. The procurement staff has also been given the authority to determine the method (i.e., bid, quote, etc.) of procurement for purchases under $100,000 using the value-added principle.
policy
Workers Compensation
Official University Administrative Policy
Policy Name:
Workers Compensation
Effective Date:
July 1 2006
Policy Applicability:
This policy applies to all university employees
Policy Statement:
Employees who are injured on the job and are seeking medical treatment may see the physician or provider of their choice. If the employee needs immediate medical attention, they may go to any emergency facility.
Claims should be reported to Enterprise Risk and Insurance as quickly as possible.
Workers' Compensation Insurance will begin paying compensation after the employee has been off work due to a work-related injury or illness for at least seven (7) consecutive calendar days. If the employee is off work for more than fourteen (14) consecutive calendar days, compensation is also payable for the first seven (7) calendar days of the injury. Workers' Compensation only pays lost time benefits for full days off work, at the direction (in writing) of the treating physician. The amount of pay from Workers' Compensation is two-thirds (2/3) of the employee's weekly pay. An employee may use their sick and/or vacation leave to bring the total compensation from all sources (UofL and Workers' Compensation) up to the employee's full regular pay.
Workers' Compensation does not pay for time off work for a doctor's visit, physical therapy, or medical testing.
Related Information:
Please note: If the accident or injury involved an overt exposure to recombinant DNA molecules, the Department of Environmental Health & Safety (DEHS) must be notified immediately by phone at 502-852-6770. After work hours contact the Department of Public Safety (DPS) at 502-852-6111. University of Louisville is required to notify NIH/OBA of the incident immediately as directed by the NIH Guidelines.
Policy Reasoning:
Workers' Compensation KRS 342.73. Provide guidance to employees that are injured or ill due to a work-related incident.
Responsibilities:
EMPLOYEE Responsibilities:
- It is the employee's responsibility to immediately report their injury or illness to their supervisor.
- It is the employee's responsibility to make any appointments for treatment and make sure the provider is clear that your visit is a Workers' Compensation claim. If the employee needs their Workers' Compensation claim number, they need to contact Enterprise Risk at 502-852-4654 or rskmgt@louisville.edu.
- It is the injured employee's responsibility to notify their supervisor/department each time their treating physician takes them off work (due to their work-related injury or illness). The injured or ill employee must keep their supervisor/department informed of their work status by providing updated off work statements from their treating physician(s).
- The UofL Workers' Compensation carrier will mail to the injured/ill employee a Designated Physician Form (Form 113) and the Medical Waiver and Consent Form. The two forms should be completed and returned to the Workers' Compensation carrier within 10 days of receiving the forms.
SUPERVISOR Responsibilities:
- It is the supervisor's responsibility to immediately complete the online Workers' Comp Claim Form. See the Enterprise Risk and Insurance website for submission process.
- It is the supervisor's responsibility to keep Enterprise Risk informed of the work status of their injured employee(s).
policy
Deadly Weapons
Official University Administrative Policy
Policy Name:
Deadly Weapons
Effective Date:
August 23 1996
Policy Applicability:
This policy applies to the University Community visitors administrators faculty staff and students
Policy Statement:
Deadly weapons are prohibited on any property owned, leased, operated or controlled by the University, including but not limited to the following: classrooms, laboratories, residence halls, clinics, office buildings, performance halls, museums, athletics and recreation facilities, parking lots and structures, University owned vehicles, and all outdoor areas of any campus of the University.
Exceptions
The following are exceptions to this policy:
- Possession of deadly weapons by peace officers acting in the course of official duties;
- Possession of deadly weapons as a part of university ROTC activities;
- Possession of a deadly weapon by a person licensed to carry a concealed deadly weapon pursuant to KRS 237.110, if the firearm or other deadly weapon is contained in a private motor vehicle and is not removed from the vehicle (KRS 527.020(4) and 237.110(17));
- Possession of a deadly weapon if it is located in a non-University motor vehicle and in an enclosed container, compartment, or storage space installed as original equipment in the motor vehicle by its manufacturer, including but not limited to a glove compartment, center console, or seat pocket, regardless of whether said enclosed container, storage space, or compartment is locked, unlocked, or does not have a locking mechanism (KRS 527.020(8));
- Possession of a deadly weapon by persons who are specifically authorized* by KRS 527.020 to carry concealed deadly weapons on or about their persons at all times and at all locations within the Commonwealth. Such persons include but are not limited to: Commonwealth's attorneys, judges of the Court of Justice, conservations officers of the Department of Fish and Wildlife, elected sheriffs, and peace officers from other jurisdictions.
* For a complete listing of persons authorized to carry concealed deadly weapons within the Commonwealth of Kentucky and the conditions for which the carrying of the deadly weapon is authorized, see KRS 527.020.
Violations
- Students who possess deadly weapons in violation of this prohibition are subject to disciplinary action under Code of Student Conduct, up to and including expulsion from the University, and all other appropriate legal actions.
- Faculty, administrator and staff employees who possess deadly weapons in violation of this prohibition are subject to disciplinary action up to and including termination under the procedures of the Redbook and/or staff employment and disciplinary policies and all other appropriated legal actions.
- Others who possess deadly weapons in violation of this prohibition shall be directed to remove their weapons or destructive devices or themselves from the University's property or premises and shall be subject to all other appropriate legal actions.
Related Information:
For questions concerning this policy, please contact the University of Louisville Police Department 502-852-6111. References and Related Materials KRS 237.110 License to carry concealed deadly weapon KRS 237.115 Construction of KRS 237.110 - Prohibition by local government units of carrying concealed deadly weapons in government buildings - Restriction on criminal penalties KRS 500.080 Definitions for Kentucky Penal Code KRS 527.020 Carrying concealed deadly weapons.
Policy Reasoning:
In Kentucky Revised Statute §237.115, the Kentucky General Assembly explicitly recognizes the authority of the University of Louisville to control the possession of deadly weapons on any property owned, leased or controlled by the University, including the right to prohibit possession of such weapons by any person or entity using University property or premises. This establishes the University's deadly weapons policy.
Definitions:
For purposes of this policy, "deadly weapon" means:
- A weapon of mass destruction as defined in KRS 500.080(18);
- Any weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged;
- Any knife other than an ordinary pocket knife or hunting knife;
- Billy, nightstick, or club;
- Blackjack or slapjack;
- Nunchaku karate sticks;
- Shuriken or death star; and
- Artificial knuckles made from metal, plastic, or other similar hard material.
Official University Administrative Policy
Policy Name:
Annex for Internal Notification of Potential Severe Weather Events
Effective Date:
October 24 2013
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students and visitors
Policy Statement:
Introduction and Assumptions
Advances in meteorology now provide more accurate prediction of severe weather events affecting a specific geographical area. While there still is the possibility of missing a severe weather event or having a prediction of a severe weather event that does not result in an event, the National Weather Service is more accurate than ever before.
When there is a potential for severe weather, units within the university should be notified and provided early internal notification allowing them to take preventive actions. This does not replace the UofL Alert. The UofL Alert will always be issued when potentially life-threatening weather is imminent for a UofL facility.
Weather Monitoring
The Emergency Manager will serve as the primary individual responsible for monitoring the weather. It will be the Emergency Manager's responsibility to visit the Louisville office of the National Weather Service web site daily, https://radar.weather.gov/radar.php?rid=lvx.
In addition to the weather, the Emergency Manager will evaluate road conditions via the Kentucky Roadway Weather Information System; http://rwis.kytc.ky.gov/ and the Trimarc cameras and information system; https://twitter.com/TRIMARCTraffic?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor.
Snow removal operations in the city may also be monitored by using the Louisville Public Works site; https://louisvilleky.gov/government/public-works/services/snow-removal. All information gathered will be reported to the EOG group upon request.
National Weather Service Teleconference
Individuals responsible for monitoring the weather are on a list of people who will be notified of any National Weather Service conference calls to discuss potential severe weather events. These individuals are notified by email, voicemail on their office phone and cell phones. The group will coordinate to ensure that one or two people are on the conference call with the National Weather Service Louisville Office.
Analysis
The information collected via the National Weather Service web sites and/or the National Weather Service Teleconference will be evaluated by the primary individuals responsible for monitoring the weather. They will analyze the situation and determine if an internal notification is warranted. If they determine that an internal notification is warranted. This information includes:
• Event identification (year and event number, example 2013-3).
• Type of severe weather expected.
• Significant hazards identified by the weather service.
• Expected time of arrival.
• Any other information determined to be important.
Emergency Operations Group (EOG)
An Emergency Operations Group (EOG) consist of individuals that need timely notification to implement procedures immediately prior to the arrival of potentially severe weather. This list is used when there is a high probability of severe weather and early notification will allow for preventive actions to be implemented. These individuals include:
- Provost
- Chief Operations Officer (COO)
- VP of Academic Medical Affairs
- VP of External Affair/Chief of Staff
- AVP Operations/Chief of Police
- Sr Assoc VP Communications & Marketing
- AVP Facilities Management
- Emergency Manager
The COO, AVP Operations/Chief of Police, AVP Facilities Management and the Emergency Manager will receive a text or phone call to join on a conference call 502-563-0810, no passcode required. At this time, information gathered by the Emergency Manager will be reported to the group. If deemed necessary, findings from this call will be relayed to the Provost by the COO. The decision to contact the remaining members of the group will be made during this call.
Roadway Observations - University Police
It is the responsibility of the University Police to observe the roadways and advise the ULPD Operations Commander regarding driving conditions. These observations are made on an ongoing basis by the shift commander. The shift commander will notify the ULPD Operations Commander and Emergency Manager of any road conditions that present a safety hazard for normal operations, the Police Chief will be notified. The Police Chief or designee will notify the Chief Operations Officer.
If winter weather is occurring during the overnight hours, the shift commander is responsible for driving the campuses to assess the condition of the roads. The shift commander will notify the ULPD Operations Commander who will advise to contact the Emergency Manager to report on the condition of the roads and whether they present a safety hazard in enough time to decide on the next day's operations.
Snow Removal on Parking Lots and Walkways - Physical Plant
If the accumulation of snow and/or ice occurs on parking lots and walkways, Physical Plant is responsible for snow removal and/or treatment with de-icing agents. In the event the accumulation of snow/ice exceeds the capability of Physical Plant or their contractors, the Emergency Manager will be notified. The Emergency Manager will notify the Police Chief who will notify the Chief Operations Officer. The information will be relayed that the parking areas may not be available, walkways may pose a safety hazard during the normal business day.
Chief Operations Officer
During the normal business day, the Chief Operations Officer will collect information provided by the Police Chief and Emergency Manager then provide this information to the Provost to assist in any decision to alter operations. During situations occurring during the overnight hours, the Chief Operations Officer will use the information after a discussion with the Emergency Operations Group (EOG) will contact the Provost prior to 4:30 a.m. hours to provide a status report on the situation.
Decision to Alter Normal Operations - Provost
Once the Provost has been provided the weather update, roadway, parking lot and walkway conditions, the Provost may decide to maintain normal operations or alter the normal operations by delaying classes and office hours or closing the university. Once the decision is made, the Provost will notify the Senior Vice President of Communications and Marketing of any alterations to the normal operating schedule.
Dissemination - Communications and Marketing
Communications and Marketing is responsible for disseminating information to the university community regarding any schedule changes due to winter weather. During the normal business day, this would be done as soon as the decision is made to change the schedule for classes, office and/or clinic hours. If winter weather is occurring during the overnight hours, after receiving information from the EOG - Emergency Operations Group, the Senior Associate Vice President of Communications and Marketing will contact the Provost. Upon a decision being made by the Provost to alter the schedule, Communications and Marketing will disseminate that information via the news media, UofL Alert System; Rave Alert, recorded message 502-852-5555 and UofL home page, http://louisville.edu.
Responsibilities:
Units with Assigned Responsibilities
University Emergency Manager
Health Science Center Emergency Coordinator
Project Manager, Vice President for Business Affairs
Dispatch Supervisor, Department of Public Safety
Recipients of Internal Notifications
Official University Administrative Policy
Policy Name:
Annex for Reporting Severe Weather to the Louisville Office of the National Weather Service
Effective Date:
January 28 2013
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
Introduction and Assumptions:
During a situation where severe weather has impacted the university (on any campus) a report should be made to the Louisville Office of the National Weather Service. This information provides historical information to the university and also assists the Weather Service in classifying and defining storm impacts.
Conditions Warranting Reporting:
The following weather conditions should be reported to the Louisville Office of the National Weather Service (NWS):
- Tornados or Funnel Clouds.
- Damaging winds (i.e., winds that blow down trees, power lines, etc.) or winds greater than 50 mph.
- Hail that is nickel size (0.88") or larger.
- Flooding of buildings or major roadways.
- Major snowfall or ice accumulation.
Reporting Methodology:
Reporting weather conditions as outlined above shall be made by email or phone. If the weather conditions have the potential to cause loss of life or injuries should be reported via phone if possible.
- Telephone - 800-292-5588
- Email - nws.louisville@noaa.gov
- Facebook - http://www.facebook.com/US.NationalWeatherService.Louisville.gov
Department Actions:
Department of Emergency Management
The Department of Emergency Management is the primary notification unit for severe weather for the University. Even though information may be obtained from other units, the Emergency Manager or Designee will notify the NWS. Once the primary notification is made, the Emergency Manager or Designee will notify the other persons with notification responsibilities to prevent duplication of the report. The Emergency Management Coordinator is the secondary notification unit for the University.
Responsibilities:
Units with Assigned Responsibilities:
Office of Emergency Management
Official University Administrative Policy
Policy Name:
Other Administrator Leave
Effective Date:
January 1985
Policy Number:
PER 4 23
Policy Applicability:
This policy applies to University Administrators
Policy Statement:
Administrative Leave
It shall be the policy of the university to grant administrative leave to administrators who have served in that capacity for ten years or more. Such leave may be granted for a period of up to three months, no more frequently than every five years, by the President after consultation with the administrator's immediate supervisor.
Short-Term Absences & Leaves of Absence
An absence of more than four weeks is considered to be a leave. An administrator leave shall be approved by the President and reported to the Board of Trustees for information purposes only.
Related Information:
Redbook Article 2.3, Section 2.3.4
Definitions:
policy
Other Leaves with Pay
Official University Administrative Policy
Policy Name:
Other Leaves with Pay
Effective Date:
August 15 2017
Policy Number:
PER 4 20
Policy Applicability:
This policy applies to university employees staff faculty and administrators unless specifically stated otherwise
Policy Statement:
Bereavement Leave (Applies to All Employees)
The university recognizes the need for employees to be away from work upon the death of an immediate family member. An employee, upon request, shall be granted three (3) days of administrative leave with pay upon the death of any member of the employee's immediate family. If more than three (3) days' absence is necessary to arrange for the disposition of remains or to attend a funeral or memorial service, including reasonable travel time, employees may use accrued sick leave.
An immediate family member is defined as an individual who is considered a biological, foster, or adoptive parent, a step-parent, spouse, qualifying adult (see definition), a biological, adoptive, or foster child, a step-child, a legal ward or a person whom the employee has (or had during the person's youth) daily responsibility and financial support, mother, father, brother, sister, son, daughter, husband, wife, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents, and grandchildren of both the employee and spouse or qualifying adult.
If employees desire additional time off from work in conjunction with Bereavement Leave for other reasons (such as spending time with extended family members or probating an estate) employees may request time off using personal days, vacation leave, and/or leave without pay consistent with appropriate leave policies. Supervisory approval shall not be unreasonably withheld.
Community Service Leave (Applies to All Employees)
Employees may request one (1) day of Community Service Leave (CSL) during a calendar year, which is prorated for part-time employees. CSL is subject to completion of the CSL procedures outlined in this policy and the following guidelines:
- Employees must have satisfactory performance and not be on a performance improvement plan;
- Employees must receive prior approval from their supervisor. The supervisor may require leave be taken at an alternative time, based on operational needs of the department;
- Employees will be required to provide documented proof of volunteer service hours from the service organization;
- CSL does not contribute to time worked in determining overtime pay and will be offset by any additional time worked during a work week;
- CSL that is not used in a calendar year does not carry forward to the next calendar year;
- If an Employee transfers from one unit to another unit without a break in service, any unused CSL will be transferred to the new unit for use in that same calendar year; and
- CSL is not paid out upon termination or retirement.
Court/Jury Duty (Applies Only to Staff Employees)
Any employee who submits to their supervisor a copy of their subpoena to serve as a juror or as a witness shall be granted time off for actual time for such duty and reasonable travel time when such absence occurs during their regularly scheduled hours of work. A copy of the subpoena must be retained at the departmental/unit level. Employees shall be required to return to their jobs at the end of the daily court duty if there are more than four (4) hours remaining in the work schedule. Employees normally scheduled to work on the second or third shift who are selected for court/jury duty will be expected to report for work in accordance with their assigned schedules if they are excused from such service before having served four (4) hours or more. Appearance in court for traffic or other violations or as a party in a lawsuit must be charged to an appropriate leave balance or leave without pay.
Voting (Applies to All Employees)
In accordance with state statutes, any person who is entitled to vote on Election Day may be absent up to four (4) hours if the voter applies for the time off prior to Election Day. Supervisors may grant up to two (2) consecutive hours off from regular duties with pay to vote and may determine when such time is to be taken during the day. The employee may use vacation leave or personal days, for the remaining two (2) hours.
Education Leave (Applies to All Employees)
Educational leave with pay shall be granted to any employee who is required as a part of the job to enroll in or attend a college, university, training academy, short course, seminar, conference, or other meeting.
Release time from the regular work schedule may be granted by unit heads to employees to attend university classes during normal working hours for their personal benefit provided:
a. The release time will not cause an undue hardship on the operations of the unit or upon the working conditions of other personnel in the unit; and
b. Any time missed from the normal work schedule for classified staff to attend such classes will be made up during the same workweek in which the absence(s) occurs; and
c. The employee has demonstrated and documented satisfactory performance.
Personal Leave (Applies Only to Classified Staff Employees)
The university will provide occasional time off with pay for classified employees to conduct personal business which cannot be transacted outside normal working hours, such as real estate closings, religious observances, court appearance other than jury duty or as a witness (See Court/Jury Duty section above), and family responsibilities.
During the calendar year, a classified staff employee may take up to two (2) days of personal leave with pay. Personal leave will be authorized by the supervisor when it aligns with both department and employee needs. A minimum of three (3) workdays' notice should be given whenever possible. In emergencies, however, shorter notice may be given.
Personal leave days are not accrued beyond the calendar year.
For new employees in their six (6) month provisional period, personal leave will be prorated based on hire date.
Whenever an employee moves from one unit to another without a break in regular continuous service, unused personal days shall be transferred to the new unit for future use during the remainder of the calendar year.
Personal leave will not be paid at termination nor in the event an employee transfers into a professional/administrative position.
Professional Leave (Applies Only to Professional/Administrative Staff Employees)
The university will grant, whenever possible, a leave of absence with pay to any exempt professional/administrative staff member who has completed ten (10) continuous years of university service in such capacity. It is anticipated such leaves are to be used for improving the staff member's future contributions to the university by providing a period of time for concentrated scholarly work, research, or other professional development. Such leave may be granted by the Vice President for Human Resources, for up to three (3) months, not more frequently than every five (5) years, on the approval and recommendation of the exempt professional/administrative staff member's immediate supervisor and the vice president, dean or VP/Dean designee.
An exempt professional/administrative staff member who has been granted professional leave is required to return to the university for at least a three (3) month period. If the employee does not successfully return to work and complete the three (3) month period, the employee will be obligated to repay the University of Louisville all remuneration received from the University of Louisville during the period of leave.
Definitions:
Responsibilities:
The supervisor or department/unit head is responsible for reviewing request for leave submissions, determining approval, and notifying the employee of the determination.
policy
Personnel Records
Official University Administrative Policy
Policy Name:
Personnel Records
Effective Date:
May 1 1992
Policy Number:
PER 1 05
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The employment records of people employed by the University of Louisville shall be afforded every confidentiality possible consistent with the administrative necessities of the university and established law. The argument that governmental records are public records is not in itself sufficient justification for the Human Resources Department to permit an individual or organization access to personnel records. Every effort shall be made to shield personnel records from individuals or organizations which do not have an official need to see them.
Related Information:
Employees, supervisors, state or federal representatives, and the university administration may review personnel records.
A. Employee Review
Each employee has the right to review his or her own complete personnel file except for:
- Confidential letters of reference; or
- Confidential medical information, furnished by a physician, which was used to establish an employee's eligibility to enroll in the group insurance program. Such information shall, after having served its purpose, be sealed in a separate envelope and marked "To be opened only by the Vice President for Human Resources."
Any employee wishing to see his or her personnel file shall make such a request to Human Resources Administration at 502-852-6258 and schedule an appointment to review his or her file. The manager or his or her designee will arrange for the employee to review his or her file. The file shall not be taken out of the Human Resources Department. Copies of records in the file may be made for the employee.
B. Supervisor's Review
The President, Provost, vice presidents, deans, directors, or department heads may review the file of any employee under his or her supervision.
The President, Provost, vice presidents, deans, directors, or department heads may be given, verbally, anything in the file of any employee being considered for promotion or transfer into his or her department except for race, sex, sexual orientation, color, religion, national origin, age, marital, or parental status.
C. University Administrative Review
Officials from the President's Office, University Provost's Office, Vice President for Finance and Administration, the Office of General Counsel and VP for Legal Affairs, Budget Office, Accounting Office, Payroll Department, Employee Relations and Compliance Office, and Office of Internal Audit may have complete access to personnel files upon presentation of a written request to the Vice President for Human Resources. Files may not be removed from the Human Resources Department.
RELEASE OF PERSONNEL INFORMATION
Information from personnel records can be released only under certain circumstances. Any employee of the Human Resources Department who disseminates personnel information in an unauthorized manner is subject to disciplinary action including dismissal.
A. Employment Verification
On occasion, an employee or former employee will give a business organization certain personal information with written consent to verify the information with the university. As a service to the employee, the Human Resources Department will verify that the information which the employee has given is either true or false. The information may be given by letter or telephone and will be limited to title, department, and employment dates.
On occasion, an employee or former employee will sign a statement authorizing the university to furnish a business organization answers to specific questions on a standard form. In such instances, the Human Resources Department will supply specific answers to specific questions authorized by the employee or former employee by mail.
The Human Resources Department will make no effort to evaluate an employee's performance or effectiveness. Such requests will be forwarded to the department in which the employee is (was) employed.
B. Compilation of Lists
Lists of employees shall not be provided to commercial organizations. The Vice President for Human Resources may authorize the granting of such lists to university-related organizations and may provide non-personal data for bona fide research purposes if such information is easily accessible. Under no condition, however, shall such lists or information be structured in such a way that an employee's rate of pay or date of birth may be determined.
Official University Administrative Policy
Policy Name:
Military Student Recruitment Withdrawal and Readmission Standards
Effective Date:
February 8 2022
Policy Applicability:
This policy applies to the University of Louisville and its departments educational units programs employees and others acting on behalf of the University
Policy Statement:
The University of Louisville (University) is committed to protecting the best interests of all students, including students who are Service Members and complying with all applicable laws and regulations. The University has adopted the following rules to eliminate unfair, deceptive, and abusive marketing aimed at Service Members, and to clearly outline withdrawal and readmission requirements for service members:
- No one may offer an inducement, including any gratuity, favor, discount, entertainment, hospitality, loan, transportation, lodging, meals, or other item having a monetary value of more than a de minimis amount, to any individual or entity, or its agents including third party lead generators or marketing firms other than salaries paid to employees or fees paid to contractors in conformity with all applicable laws for the purpose of securing enrollments of Service Members or obtaining access to tuition assistance funds. Educational institution sponsored scholarships or grants and tuition reductions to military students are permissible.
- No one may provide any commission, bonus, or other incentive payment based directly or indirectly on securing enrollments or federal financial aid (including tuition assistance funds) to any persons or entities engaged in any student recruiting, admission activities, or making decisions regarding the award of student financial assistance.
- No one may engage in high-pressure recruitment tactics for the purpose of securing Service Member enrollments. Such tactics include making multiple unsolicited contacts (three or more), including contacts by phone, email, or in-person, and engaging in same-day recruitment and registration.
- No one may make, directly or indirectly, any substantial misrepresentation and/or misleading statements about the nature of the education program, the nature of any financial charges, the employability of graduates, or the relationship with the U.S. Department of Education.
To strengthen compliance with DoD tuition assistance program requirements, the Center for Military-Connected Students will provide guidance to the University's educational units/programs about the posting of tuition assistance information on University's website and the importance of periodically reviewing it for accuracy. The educational units/programs will also be informed of their responsibility to notify prospective students, who self-identify as Service Members eligible for tuition assistance, of the following DoD MOU requirement:
All military tuition assistance for an eligible service member must be requested and approved through their branch of service, prior to the start date of the course. This approval is required on a course-by-course basis and only for the specific course(s) and class dates that the Service Member requests.
The University's Financial Aid Office will provide information and application processes for Title IV student aid programs, scholarships, fellowships, grants, loans, etc. to all students, including Service Members who are military Tuition Assistance recipients.
Withdrawal Requirements
As a rule, if a student is aware that they will miss substantial portions of a semester due to uniformed services commitments, the student should not register for courses that term.
To strengthen compliance with both Department of Education and DoD policies and requirements regarding withdrawals due to Uniformed Services obligations, the following rules apply:
- To withdraw due to a Uniformed Services obligation a student must complete a "Military Duty Request to Withdraw" form, which can be found on the Center for Military-Connected Students website.
- When requesting the withdrawal students have three options, they can request; a) a complete withdrawal, b) an incomplete in the course, or c) grade as is (depending on work completed in course).
- Decisions about grading or incomplete grades are made by the faculty based on the work completed to date and the rules governing the course.
Part II of the Military Withdrawal process includes a form the student must fill out and submit to the Center for Military-Connected Students to request a100% tuition refund.
Readmission Requirements
To strengthen compliance with both Department of Education and DoD Readmission requirements for Service Members, the University has established the following rules:
- The University will not deny Readmission to a student who is a Service Member of, applies to be a Service Member of, performs, has performed, applies to perform, or has an obligation to perform, service in the Uniformed Services based on that membership, application for membership, performance of service, application for service, or obligation to perform service.
- The University will readmit a student as described in paragraph 1) of this section with the same academic status as the student had when the student last attended the University or was last admitted to the University. The student must be readmitted into the next class or classes in the student's program beginning after the student provides notice of intent to reenroll, unless the student requests a later date of Readmission or there are unusual circumstances that require the student to be readmitted at a later date. "Same academic status" means the University will readmit the student:
- To the same program to which the student was last admitted by the University or, if that exact program is no longer offered, the program that is most similar, unless the student requests or agrees to admission to a different program; in which case the student must apply to and meet all academic requirements for admittance to the new academic program.
- At the same enrollment status that the student last held at the University, unless the student requests or agrees to admission at a different enrollment status;
- With the same number of credit hours completed previously by the student, unless the student is readmitted to a different program to which the completed credit hours are not transferable;
- With the same academic standing (e.g., with the same satisfactory academic progress status) the student previously had; and
- If the student is admitted to a different program, and for subsequent academic years for a student admitted to the same program, the University will assess no more than the tuition and fees charged to other students in the program for that academic year.
3. The University is not required to readmit the student if the University determines there are no reasonable efforts the University can take to prepare the student to resume the program at the point where he or she left off or to enable the student to complete the program. "Reasonable efforts" means actions that do not place an undue hardship on the institution. "Undue hardship" means an action requiring significant difficulty or expense when considering the overall financial resources of the institution and the impact otherwise of such action on the operation of the institution.
4. The University will deem any student whose absence from the University is required by reason of service in the Uniformed Services as eligible for Readmission to the University as long as:
- The student gives advance written notice (it does not need to indicate whether the student intends to return to the University) to the Center for Military-Connected Students as far in advance as possible under the circumstances, unless precluded by Military necessity;
- The student gives advance written notice (it does not need to indicate whether the student intends to return to the University) to the Center for Military-Connected Students as far in advance as possible under the circumstances, unless precluded by Military necessity;
- The cumulative length of all absences from the University for service in the Uniformed Services (only the time the student spends performing services) does not exceed two years; and
- The student gives oral or written notice of intent to return to the University's Center for Military Connected Students no later than three years after the completion of the period of service. If the student is hospitalized for or recovering from an illness from an injury incurred in or aggravated during the performance of service in the Uniformed Services, the student has up to two years after the end of the period that is necessary for recovery from such illness or injury to provide the notice of intent to return.
- Any student who did not give advance written notice of service in accordance with paragraph 4a) of this section may meet the notice requirement by submitting, at the time the student seeks Readmission, an attestation to the Office of the Registrar and/or the Center for Military-Connected Students that the student performed service in the Uniformed Services that necessitated the student's absence from the University.
5. A student's failure to apply for Readmission within the periods described per this policy will not automatically forfeit their eligibility for Readmission to the University, but their Readmission eligibility will be subject to the University's established leave of absence policies and general practices.
6. The student seeking Readmission must provide to the Office of the Registrar and/or the Center for Military-Connected Students documentation that the student has not exceeded the service limitation and the student's eligibility for Readmission has not been terminated due to an exception. Documents that satisfy this requirement include, but are not limited to, the following:
- DoD 214 Certificate of Release or Discharge from Active Duty.
- Copy of duty orders prepared by the facility where the orders were fulfilled carrying an endorsement indicating completion of the described service.
- Letter from the commanding officer or someone of comparable authority.
- Certificate of completion from military training school.
- Copy of extracts from payroll documents showing periods of service.
- Letter from National Disaster Medical System (NDMS) Team Leader or Administrative Officer verifying dates and times of NDMS training or Federal activation.
Documents that are necessary to establish eligibility for Readmission will vary from case to case. All documents may not be available or necessary in every instance. The University will not delay or attempt to avoid a Readmission of a student by demanding documentation that does not exist, or is not readily available, at the time of Readmission.
Termination of Readmission Eligibility
A student's eligibility for Readmission to the University under this policy will terminate upon the occurrence of any of the following events:
- A separation of such person from the Armed Forces (including the National Guard and Reserves) with a dishonorable or bad conduct discharge.
- A dismissal of a commissioned officer permitted under section 1161(a) of title 10, United States Code by sentence of a general court-martial; in commutation of a sentence of a general court-martial; or, in time of war, by order of the President.
- A dropping of a commissioned officer from the rolls pursuant to section 1161(b) of title 10, United States Code due to absence without authority for at least three months; separation by reason of a sentence to confinement adjudged by a court-martial; or a sentence to confinement in a Federal or State penitentiary or correctional institution.
Compliance
All university departments, educational units/programs, and employees are expected to comply with this policy. Failure to comply with the policy could result in disciplinary action of employees, suspension of educational programs/ courses, and/or the DoD terminating the voluntary education partnership MOU agreement with the University.
Individuals should report known or suspected violations of this policy to the Director of the Center for Military Connected Students at milconstu@louisville.edu, the University Integrity and Compliance office at compliance@louisville.edu, or to the University's Compliance and Ethics Hotline, which allows for anonymous reporting.
Related Information:
DoD Voluntary Education Partnership MOU
34 CFR § 668.71 - 668.75 and 668.14
34 CFR § 668.18 Readmission requirements for service members
UofL Statement on Misrepresentation
Policy Reasoning:
This policy was established to help ensure compliance with the regulations issued by the Department of Education (34 CFR 668.71 - 668.75, 668.18 and 668.14) and the requirements outlined in the Department of Defense (DoD) Voluntary Education Partnership Memorandum of Understanding (MOU) related to misrepresentation, recruitment, payment of incentive compensation, tuition assistance, and service member withdrawal and readmission. This policy eliminates unfair, deceptive, and abusive marketing aimed at service members, and outlines the process for military withdrawals, and readmissions. Its purpose is to strengthen compliance with both Department of Education and Department of Defense policies and requirements regarding withdrawals and Readmission requirements for Service Members.
Definitions:
Military Necessity - includes a mission, operation, exercise, or requirement that is classified; or a pending or ongoing mission, operation, exercise, or requirement that may be compromised or otherwise adversely affected by the public knowledge.
Readmission - for purposes of this policy Readmission applies to a UofL student who is a member of Uniformed Services and has withdrawn from a program due to Uniformed Services obligations and is applying to be readmitted to the University.
Service Member - a member of Uniformed Services, consisting of the armed forces (Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard), the Commissioned Corps of the National Oceanic and Atmospheric Administration (NOAA), and the Commissioned Corps of the Public Health Services.
Uniformed Services - service, whether voluntary or involuntary, in the Armed Forces, including service by a member of the National Guard or Reserve, on active duty, active duty for training, or full-time National Guard duty under the Federal authority, for a period of more than 30 consecutive days under a call or order to active duty of more than 30 consecutive days.
Responsibilities:
The Director of the Center for Military-Connected Students is responsible for oversight of this policy.
Departments, educational units/programs, employees, and others acting on behalf of the University are responsible for complying with this policy.
Departments and educational units/programs are responsible for informing their employees or others acting on behalf of their department or educational unit/program about this policy.
Official University Administrative Policy
Policy Name:
Developing and Approving University Administrative Policies
Effective Date:
March 4 2016
Policy Number:
ICO 1 04
Policy Applicability:
This policy applies to all University of Louisville units departments and individuals involved in the development and approval of Administrative Policies and University Procedures including the University Community administrators faculty staff and students
Policy Statement:
The University of Louisville (University) has an established process to formally approve and adopt new Administrative Policies or Substantive Revisions to existing Administrative Policies. The University President and the President's Senior Leadership Team members, or designees, are designated as the Administrative Authorities to approve the adoption of a new Administrative Policy or the approval of Substantive Revisions to an existing Administrative Policy. Administrative Authorities and their Responsible Units or Departments must comply with this policy and the associated procedures here within for developing, approving, revising, maintaining, and rescinding an Administrative Policy or University Procedure.
Administrative Policies will:
- Comply with applicable federal, state, and local laws, and governing policies of the University;
- Explain the University's business practices and expectations;
- Promote and enhance individual accountability;
- Provide useful guidance; and
- Serve as the cornerstone of the University's operational structure and values.
All Administrative Policies and University Procedures will be formally reviewed and approved as set forth in this document.
To the extent that there is a conflict between a Departmental Policy and an Administrative Policy, the provision of the Administrative Policy will prevail.
Administration of the University Policy and Procedure Library
The University of Louisville makes Administrative Policies and University Procedures publicly accessible in the University Policy and Procedure Library at https://louisville.edu/policies. Within the University Policy and Procedure Library, the Administrative Policies and University Procedures are divided into the following categories:
- Academic and Faculty Affairs
- Administration, Compliance and Legal
- Finance
- Human Resources
- Information Security and Technology
- Operations
- Research
- Student Life
The University Integrity and Compliance Office (UICO) maintains the University's Policy and Procedure Library.
Policy Feedback Period
The University values the feedback of its faculty, staff, and students. Accordingly, newly proposed Administrative Policies and existing policies with proposed Substantive Revisions will be communicated with the faculty senate, staff senate, and the Student Government Association (SGA), depending on the subject of the policy and to whom it applies for review and feedback from the relevant constituents (faculty, staff, and/or students) as determined appropriate. The Administrative Authority is responsible for communicating the draft proposed policy with the relevant chairs of the faculty senate, staff senate, or SGA President. The constituency representatives are responsible for disseminating the draft proposed policy to their respective constituents. Once the draft policy has been communicated to the chairs, the respective groups will have 15 business days to provide feedback, unless additional time is necessary to allow the constituency groups to discuss the draft policy. Additional time must be reasonable and agreed upon by the Administrative Authority. Refer to the "Vetting Process" outlined in the Procedures section of this policy.
Interim and Expedited Policies
The University President may approve the adoption of an expedited and interim Administrative Policy in special circumstances when a policy must be established and take effect urgently. Special circumstances may include, but are not limited to, a change in federal or state law, a national health concern, a safety concern, or a major institutional risk. An expedited and interim Administrative Policy will be marked "Interim" until the policy has completed the development and approval process as outlined in this policy. Interim and expedited policies should be vetted with relevant constituents (faculty, staff, and/or students) as determined appropriate and practical given the circumstances. An interim Administrative Policy will expire one year from its effective date unless the Administrative Authority of the policy identifies an earlier expiration date, or the interim policy has been approved by the University President for renewal.
Policy and Procedure Review Cycle
Each Administrative Policy and University Procedure must be reviewed at least once every three (3) years by the Responsible Unit or Department to ensure that it remains current and relevant. A policy or procedure may need to be reviewed and revised more frequently to ensure it aligns with laws, regulations, or other developments.
Administrative Policies and University Procedures that have not been reviewed in accordance with this requirement, and after three (3) written requests to the designated policy contact of the Responsible Unit or Department from the UICO to fulfill this requirement, will be reported to the President and the President's Senior Leadership Team.
Policy Compliance
All members of the University community who are responsible for writing and updating Administrative Policies or University Procedures shall comply with this policy. Noncompliance with this policy may result in disciplinary action in accordance with University policy.
Related Information:
University Policy and Procedure Library
Policy Resources are available online for additional guidance on the development and approval of an Administrative Policy and University Procedure.
Policy Reasoning:
The purpose of this policy is to inform the University Community about the University's established process for the way Administrative Policies and University Procedures are developed, approved, published, revised, maintained, and rescinded. Additionally, this policy outlines expectations about the policy and procedure review cycle.
Definitions:
Governing Policy: Umbrella policies of the Board of Trustees that provide the framework for administration to implement and comply with the intent of said policy. Policies approved by the Board of Trustees that define requirements that support the University's overall mission, operation, or governance, including policies delineated within the Redbook of the University of Louisville that serves as the basic governance document of the University.
Administrative Policy: An Administrative Policy is a written statement of policy with broad application throughout the University. Administrative Policies provide for the general administration and oversight of the University and must be approved by the President and the President's Senior Leadership Team members, or designees.
Departmental Policy: A Departmental Policy is one that applies only to the operation of an individual department or unit within the University. Departmental Policy may exist in order to promote operational efficiencies or enhance the mission of the department or unit but is not broadly applicable throughout the University. Departmental Policy can address subjects that are not addressed by Governing Policy or Administrative Policy and may supplement, but must not be in conflict with, Governing Policy or Administrative Policy.
Academic, Faculty, and Student Life Policies: Policies that are within the purview of Faculty Affairs, Graduate Affairs, Undergraduate Affairs, and Student Affairs have a specific approval process not subject to the University's Administrative Policy development and approval process.
University Procedure: A University Procedure is strictly operational. Procedures contain a series of consecutive action steps related to a policy that specifies how a particular policy should be carried out. Procedures may have detailed instructions, definitions, and/or forms that facilitate policy compliance. The highest-level individual within a Responsible Unit or Department with oversight responsibility of the procedure has the authority to approve the procedure.
Responsible Unit or Department. The Responsible Unit or Department is the administrative office responsible for developing and implementing the policy, including ensuring accuracy of the subject matter, training appropriate audiences, enforcing and monitoring compliance with the policy, and timely review.
Administrative Authority. The president or appropriate vice president(s) or vice provost(s) responsible for the oversight of the development and implementation of a policy. The Administrative Authority is the sponsor of the policy and has been given authority to approve new policies or Substantive Revisions to existing policies that fall within their respective Responsible Unit or Department.
Minor Revisions. Minor Revisions are those that do not change the scope or the original intent of the policy. Examples of Minor Revisions may include, but are not limited to, spelling and typo corrections, reordering of information, title changes for individuals or departments, address or contact information, clarification of existing policy, and updated web links. Therefore, Minor Revisions are not subject to the policy development and approval process outlined in the procedures. Minor Revisions do require approval by the Administrative Authority (or designee) of the Responsible Unit or Department.
Substantive Revisions. Substantive Revisions are those that change the scope and original intent of the policy. Therefore, existing policies with Substantive Revisions are subject to the policy development and approval process outlined in the procedures and require approval by the President and the President's Senior Leadership Team.
Responsibilities:
The UICO is responsible for oversight, education, and implementation of this policy. Questions regarding the policy development and approval process should be directed to the UICO at policies@louisville.edu.
The sponsor (or designee within the Responsible Unit or Department) is responsible for communication and education about their area's respective Administrative Policies and University Procedures.
Official University Administrative Policy
Policy Name:
Awarding Posthumous Degrees
Effective Date:
September 23 2022
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
In the event that a University of Louisville student passes away, a posthumous degree may be awarded. The process is outlined below.
The faculty of the home department of the deceased student may choose to approve a motion for a posthumous degree, provided the following conditions are met:
- The student was in good academic standing at the time of death;
- The student had completed 90+ hours toward a baccalaureate degree;*
- The degree is recommended by department/program faculty; and
- The departmental recommendation is endorsed by the academic unit through the Dean.
Once the Dean has endorsed the departmental recommendation for posthumous degree, the Provost will review the recommendation. If approved, the student is listed as a candidate with the appropriate class in the next Commencement program.
Following the awarding of a posthumous degree, units or departments may plan a private ceremony with the family and appropriate departmental personnel, usually facilitated by the Dean or other university official as agreed.
If the student does not meet the criteria for the awarding of a posthumous degree but the academic unit wishes to acknowledge the student's memory in some way, it is acceptable to work with the Registrar's Office to award a memorial degree to recognize that the deceased student has enriched the lives of others while enrolled at UofL and will be remembered within the University community.
*If the student is in graduate or professional school, the process is the same but is governed by the conventions of the unit or the profession, especially in the required hours completed. For Graduate School students, the Graduate School Dean must also endorse the departmental recommendation. Each unit or department may have slightly different requirements; however, a student working toward a doctoral degree must have completed comprehensive exams, be making progress on the dissertation, and be recommended by the faculty and Dean.
policy
Promotions
Official University Administrative Policy
Policy Name:
Promotions
Effective Date:
May 1 1992
Policy Number:
PER 2 05
Policy Applicability:
This policy applies to University Staff
Policy Statement:
- The university will make every effort to fill vacant positions from within the institution and to offer promotional opportunities without regard to race, sex, age, color, national origin, ethnicity, creed, religion, diversity of thought, political viewpoint, social viewpoint, disability, genetic information, sexual orientation, gender, gender identity and expression, marital status, pregnancy, or veteran status.
- A regular status employee, who meets the minimum qualifications of an available position, may apply for promotional opportunities.
- Employees who apply for promotions will be considered before outside applicants are considered.
A regular status employee, with more than six months of service, who is promoted to another position will serve a six-month qualifying period. During this period, the employee's performance is to be appraised every 60-calendar days for a six-month period. If during this six-month period of employment the employee receives an unsatisfactory appraisal, the employee will be appraised at least once every 30 calendar days for a maximum of 90 calendar days until his or her performance has improved and is evaluated as at least satisfactory or the employee is terminated.A provisional status employee who is promoted to another position will be subject a six-month provisional period from the date of the promotion.
Related Information:
PER-1.08 Employee Categories and Status
Definitions:
A promotion occurs when an employee moves from a job in one pay grade to a job in a higher pay grade.
https://louisville.edu/hr/policies/definitions
Responsibilities:
The final decision for accepting or declining a particular applicant is made by the hiring supervisor/unit head and is subject to review by the Human Resources Department to ensure consistency with university policies and applicable employment regulations.
Official University Administrative Policy
Policy Name:
Alcoholic Beverage Purchases
Effective Date:
January 1 2013
Policy Number:
FIN 1 4101
Policy Applicability:
This policy applies to University Employees administrators faculty and staff
Policy Statement:
For both on-campus and off-campus events, alcoholic beverages may not be charged to any funds that preclude such expenditures because of donor or grant restrictions and may not be charged to state-appropriated or public funds. When entertaining guests, or when hosting a university-related function, it may be appropriate to serve alcoholic beverages. In these cases, alcoholic beverages may be purchased with discretionary funds. The University must ensure that it complies with rules surrounding public or other restricted funds.
Definitions:
State-appropriate or public funds are those programs in sequences of 0, 1, 3, 4, L, X.
Official University Administrative Policy
Policy Name:
Employee Recognition Program
Effective Date:
May 1 1992
Policy Number:
PER 6 02
Policy Applicability:
This policy applies to University Administrators and Staff
Policy Statement:
The university provides service awards in recognition of the contributions of administrators and staff.
Appropriate awards are established in five-year increments as of September 1 of each year, beginning with 10 years of service.
All regular staff members working 50 percent FTE or more are eligible to receive awards. Creditable service for an award includes all periods of regular employment. Regular employees working at least 40 percent FTE prior to May 1, 1992, will continue to be included in the service award program.
Approved leaves of absence do not constitute a break in continuous or creditable service.
Responsibilities:
The Human Resources Department will compile a list of employees who are eligible for longevity awards for verification by the Employee Recognition Program Committee.
Official University Administrative Policy
Policy Name:
Personal Leave Without Pay
Effective Date:
May 1 1992
Policy Number:
PER 4 21
Policy Applicability:
This policy applies to University Staff
Policy Statement:
Leave without pay shall be granted in writing by the Vice President for Human Resources upon recommendation by the unit head and Provost/or vice president/dean. An employee granted such leave shall be an employee of the university while on such leave and shall be returned to the original position or a comparable position within the same pay grade, salary, plus any general increases awarded during that period. When the employee is returned to active status, this leave shall not constitute a break in continuous or creditable service in considering eligibility for sick leave, vacation leave, general pay adjustments, and other university benefits and privileges. The university's contribution toward an employee's health and retirement benefits cease during a period of leave without pay. An employee may continue his or her health care benefits on a self-pay basis.
A leave of absence without pay may be granted for personal convenience (such as extended vacation, travel, study, childcare, etc.) upon recommendation of the unit head and with the approval of the Vice President for Human Resources for a period of time not exceeding six months. All applicable accrued leave shall be expended prior to the beginning of leave without pay.
In exceptional cases, a leave of absence without pay may be extended to twelve (12) months by the Vice President for Human Resources upon recommendation by the unit head and the Provost/vice president/dean. All applicable accrued vacation leave shall be expended prior to the beginning of any other leave without pay. Upon expiration of the extended leave, every effort will be made to place the employee in a comparable position with the university. However, the university cannot guarantee employment at the expiration of an extended leave.
An employee shall not earn vacation or sick leave accruals for any period not in pay status. Leave without pay for personal convenience shall not be granted if it would cause undue hardship on the operation of the department or on the working conditions of other employees in the department.
Related Information:
PER-4.13 Temporary Medical Leave
Definitions:
policy
Temporary Employment
Official University Administrative Policy
Policy Name:
Temporary Employment
Effective Date:
May 1 1992
Policy Number:
PER 2 09
Policy Applicability:
This policy applies to University Administrators and Staff
Policy Statement:
Temporary appointments may be made to any position, which the employing administrative head attests to be temporary. A temporary appointment is not likely to require the services of an employee for a period of more than six calendar months. Temporary appointments of positions should not exceed six months, but in exceptional situations, the Vice President for Human Resources, upon recommendation of the department head/dean, may approve an extension of an additional six-month period. Temporary employees are not eligible to participate in employee benefit programs except for those required by law.
Related Information:
Definitions:
Official University Administrative Policy
Policy Name:
Use of Service and Emotional Support Animals on Campus
Effective Date:
December 2016
Policy Applicability:
This policy applies to the University Community administration faculty staff and students and campus visitors
Policy Statement:
The University recognizes the importance of Service and Emotional Support Animals to individuals with disabilities and has established the following policy. The University reserves the right to amend this policy as circumstances require.
SERVICE ANIMALS
Use of Service Animals
In compliance with applicable law, UofL generally allows Service Animals in its buildings, classrooms, residence hall rooms, common area spaces, meeting areas, dining areas, recreational facilities, activities, and events when the Service Animal is accompanied by an individual with a disability who indicates the Service Animal is trained to provide, and does provide, a specific service to the individual that is directly related to their disability. This section does not apply to ESAs that do not qualify as Service Animals. ESAs may be restricted from many University settings where Service Animals may not, as discussed in the "Use of Emotional Support Animals" section of this policy.
Generally, animals/Pets are not permitted in residence facilities. However, students using Service Animals on campus will be permitted to house the Service Animal in the residence halls, but must adhere to all provisions outlined in this policy and applicable policies and procedures. Exceptions may be made as an accommodation for a student with a disability who uses a Service Animal in accordance with the applicable disability laws. While there is no request process for Service Animals, students who will be bringing a Service Animal into their residence hall should notify University Housing at the time of their application for housing or as soon as they know the Service Animal will be coming into University Housing.
While the majority of Service Animals are dogs, particular circumstances set forth in 28 CFR 35.136(i), may allow a miniature horse as an alternative to a dog. The University will consider and work to make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability. In determining whether reasonable modifications can be made to allow a miniature horse into a specific facility, UofL shall consider:
- The type, size, and weight of the miniature horse and whether the facility can accommodate those features.
- Whether the handler has sufficient control of the miniature horse.
- Whether the miniature horse is housebroken.
- Whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.
Contact the Disability Resource Center at 502-852-6938 or the office of the ADA Coordinator at 502-852-5787 for more information specific to miniature horses as Service Animals. Contact the office of the ADA Coordinator at 502-852-5787 to ask specific questions related to the use of Service Animals on the UofL campus by visitors.
Service Animal Control Requirements
- The Service Animal shall be under the control of its handler and shall have a harness, leash, or other tether, unless 1) the handler is unable because of a disability to use a harness, leash, or other tether or 2) the use of a harness, leash, or other tether would interfere with the Service Animal's safe, effective performance of work or tasks, in which case the Service Animal must be otherwise under the handler's control (i.e., voice commands, signals, or other effective means).
- The Service Animal must be housebroken.
- The Service Animal should be non-disruptive to other individuals and the learning, living, and working environment.
- To the extent possible, the owner should ensure that the Service Animal does not:
- Sniff, jump on, or otherwise interfere with people or the personal belongings of others.
- Block an aisle or passageway for fire egress.
- Sniff, jump on, or otherwise interfere with people or the personal belongings of others.
- Block an aisle or passageway for fire egress.
Responsibilities of Handlers
- Service Animals are not exempt from local animal control and public health requirements. Handlers are responsible for ensuring that their Service Animals are vaccinated in accordance with the requirements of the applicable county.
- Service Animals are subject to local licensing and registration requirements. Handlers are responsible for registering and licensing their Service Animals in accordance with requirements of the applicable county.
- Handlers are responsible for any damage or injuries caused by their Service Animals and must take appropriate precautions to prevent property damage or injury. The cost of care, arrangements, and responsibilities for the well-being of a Service Animal are the sole responsibility of the handler at all times. It is the individual's responsibility to arrange for the care of their Service Animal in the event of an emergency. If no emergency arrangements are in place, Louisville Metro Animal Services may be called to care for the Service Animal.
Students who wish to bring a Service Animal to campus are strongly encouraged, but are not required to partner with the Disability Resource Center, especially if other academic accommodations or housing accommodations are required.
Waste Cleanup
Cleaning up after the Service Animal is the sole responsibility of the handler. In the event that the handler is not physically able to clean up after the Service Animal, it is then the responsibility of the handler to hire someone capable of cleaning up after the Service Animal. The person cleaning up after the Service Animal should abide by the following guidelines:
- Always carry equipment sufficient to clean up the Service Animal's waste whenever the Service Animal is on campus.
- Properly dispose of waste and/or litter in appropriate containers.
- Contact staff if arrangements are needed to assist with cleanup. Any cost incurred for doing so is the sole responsibility of the handler.
Service Dogs in Training
In accordance with KRS 258.500, service dogs in training are permitted on campus and in all public facilities on the same basis as working Service Animals, provided that all of the following conditions are met:
- The dog is being led or accompanied by a trainer for the purpose of training the dog.
- The trainer must have in their personal possession identification verifying that they are trainers of service dogs.
Handlers of service dogs in training must also adhere to the requirements for Service Animals as outlined in this policy.
Removal of Service Animals
Service Animals may be ordered to be removed for the following reasons:
- The Service Animal is out of control or disruptive and the handler does not take immediate and effective action to control it.
- The Service Animal is not housebroken.
- The Service Animal is found to be neglected or mistreated and prompt corrective action has not been taken.
- The Service Animal is physically ill.
- The Service Animal is unreasonably dirty.
- The Service Animal is a substantial and direct threat to the health and safety of individuals.
In any of the above situations, University Housing, in collaboration with the Dean of Students' Office, the University of Louisville Police Department (ULPD), and others as appropriate, may be involved in investigating conduct and removing the Service Animal.
When a Service Animal is properly removed pursuant to this policy, UofL will work with the handler to determine reasonable alternative opportunities to participate in the service, program, or activity.
Inquiries Regarding Service Animals
In general, UofL will not ask about the nature or extent of a person's disability but may make necessary inquiries to determine whether an animal qualifies as a Service Animal. UofL may ask:
- Is the animal a Service Animal required because of a disability?
- What work or task has the animal been trained to perform?
UofL cannot require an individual who uses a Service Animal to produce documentation of the animal's credentials, such as proof that the animal has been certified, trained, or licensed as a Service Animal, nor may a Service Animal be required to display a vest or other visible designation, attire, or marking that identifies the animal as a Service Animal. Generally, UofL may not make any inquiries about a Service Animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability). Moreover, UofL may not require the animal to demonstrate the tasks the animal is trained to perform.
Service Animal Etiquette
Faculty, staff, students, visitors, and members of the general public should avoid the following:
- Petting, touching, or otherwise distracting a Service Animal when it is working.
- Feeding a Service Animal. The work of a Service Animal depends on a regular and consistent feeding regimen that the handler is responsible to maintain.
- Harassing or deliberately startling a Service Animal.
- Separating or attempting to separate a handler from their Service Animal.
- Making unwelcome or uninvited inquiries regarding the individual's disability.
EMOTIONAL SUPPORT ANIMALS
Use of Emotional Support Animals (ESAs)
It is the general policy of the University that animals of any type are prohibited in University Housing. However, the University is committed to providing reasonable accommodations and fulfilling its responsibilities under federal, state, and local laws and regulations. The University will consider and process requests for reasonable and necessary accommodations for an individual with a qualifying disability to allow an ESA in University Housing. No ESA may be kept in University Housing at any time prior to the individual receiving approval as a reasonable accommodation pursuant to this policy. If an unapproved animal is brought into University Housing, the student will be required to remove the animal immediately, even if the student has submitted a request for an ESA that is pending review. Bringing an unapproved animal to University Housing is a violation of University Housing policy and the student may be subject to disciplinary measures. The Disability Resource Center processes requests and determines if an ESA is approved as a reasonable and necessary accommodation.
ESAs may be considered for access to University Housing if they meet appropriate qualifications for use under applicable law. ESAs are generally not permitted in other University facilities such as libraries, classrooms, athletic facilities, labs, student center, medical/dental clinics, etc., or at University-sponsored events. ESAs must not be inherently dangerous to others, and must be non-aggressive, under the owner's control at all times (or well-behaved and/or properly contained when the owner is not present to control the animal, as in the University Housing setting), and housebroken. In some circumstances, ESAs may be allowed in residence facilities. The Disability Resource Center will engage in an interactive process with the student and University Housing to review requests for ESAs on a case-by-case basis to determine if the applicant has a qualifying disability, if the animal is a reasonable accommodation to afford equal opportunity to use and enjoyment of the dwelling in light of the individual's disability, and to determine an identifiable relationship between the disability and the assistance the animal provides. If a student's request for an ESA is approved, generally only one (1) animal will be permitted unless there is a documented disability-related need for more than one animal. An accommodation may be determined unreasonable if it presents an undue financial or administrative burden on the University, poses a substantial and direct threat to personal or public safety, or constitutes a fundamental alteration of the nature of the service or program (See the "Requesting an Emotional Support Animal" section of this policy).
Contact the Employee Relations Office in Human Resources at 502-852-6536 to ask questions relevant to possible use of an ESA in the employment context pursuant to the Rehabilitation Act or the ADA. Contact the ADA Coordinator at 502-852-5787 to ask questions regarding the University's obligations as to ESAs in other contexts.
Requesting an Emotional Support Animal
To provide the most efficient service to students, the Disability Resource Center recommends that requests for an ESA in University Housing be made as soon as practicable and consistent with the procedures outlined in this policy. To request an ESA, follow the procedures outlined in this policy.
The University will accept and consider requests for an ESA as reasonable accommodations in University Housing at any time. However, if the request for accommodations is made after the priority deadline, the University cannot guarantee that it will be able to meet the individual's accommodation needs during the first semester of occupancy. The priority deadlines for Disability Resource Center accommodations in University Housing are:
- Fall Semester - June 1
- Spring Semester - November 1
- Summer Terms - April 1
Emotional Support Animal Control Requirements
- The ESA shall be under the control of its handler and shall have a harness, leash, or other tether whenever it is taken outside of the room for exercise or natural relief.
- The ESA must be housebroken. To ensure reliable housebreaking, it is typically suggested that animals no less than six (6) months old be brought to campus.
- The ESA should be non-disruptive to other individuals in the living environment. To the extent possible, the owner should ensure that the ESA does not sniff, jump on, or otherwise interfere with people or the personal belongings of others.
Responsibilities of Handlers
- An ESA is not exempt from local animal control and public health requirements. Handlers are responsible for ensuring their ESA is vaccinated in accordance with the requirements of Jefferson County.
- Handlers are responsible for providing proof of relevant vaccinations (including rabies) and a current color photo of their ESA prior to the start of their University Housing License Agreement and before the ESA is brought into University Housing.
- Continued ESA approval is subject to ongoing re-verification requirements. If a student continues to live in University Housing in a subsequent academic year, current vaccination records must be provided prior to the start of their next University Housing License Agreement, regardless of the first semester a student was approved to have an ESA in University Housing.
- ESAs are subject to local licensing and registration requirements. Handlers are responsible for registering and licensing their ESAs in accordance with requirements of Jefferson County.
- Handlers are responsible for any damage or injuries caused by their ESAs and must take appropriate precautions to prevent property damage or injury. The cost of care, arrangements, and responsibilities for the well-being of an ESA are the sole responsibility of the handler at all times. It is the student's responsibility to arrange for the care of their ESA in the event of an emergency. If no emergency arrangements are in place, Louisville Metro Animal Services may be called to care for the animal.
Waste Cleanup
Cleaning up after the ESA is the sole responsibility of the handler. In the event that the handler is not physically able to clean up after the ESA, it is then the responsibility of the handler to hire someone capable of cleaning up after the ESA. The person cleaning up after the ESA should abide by the following guidelines:
- Always carry equipment sufficient to clean up the ESA's waste whenever the ESA is on campus.
- Properly dispose of waste and/or litter in appropriate containers.
- Contact staff if arrangements are needed to assist with cleanup. Any cost incurred for doing so is the sole responsibility of the handler.
- Students must maintain cleanliness standards per University of Louisville Code of Student Conduct/Residence Hall Policies & Regulations.
Removal of Emotional Support Animals
ESAs may be ordered to be removed for the following reasons:
- The ESA is out of control or disruptive and the handler does not take immediate and effective action to control it.
- The ESA is not housebroken.
- The ESA is found to be neglected or mistreated and prompt corrective action is not taken.
- The ESA is physically ill.
- The ESA is unreasonably dirty.
- The ESA is a substantial and direct threat to the health and safety of individuals.
In any of the above situations, University Housing in collaboration with the Dean of Students' Office, the ULPD, and others as appropriate, may be involved in investigating conduct or removing the ESA.
Where an ESA is properly removed pursuant to this policy, UofL will work with the handler to determine reasonable alternative opportunities to participate in the service, program, or activity.
Related Information:
Conflicting Disabilities
Some people may have allergic reactions to, or phobias of, animals that are substantial enough to qualify as disabilities. UofL will consider the needs of both persons in meeting its obligations to reasonably accommodate all disabilities and to resolve the problem as efficiently and expeditiously as possible. Students requesting allergy or phobia accommodations in classrooms, residence halls, or other areas of campus should contact the Disability Resource Center. Staff, faculty, or visitors requesting allergy or phobia accommodations should contact the office of the ADA Coordinator.
Emergency Response
The first priority of emergency responders will be to the health and welfare of individuals. While the University expects that emergency responders should be trained to recognize a Service Animal and be aware that the animal may be trying to communicate the need for help, responders' first efforts should be toward the handler. While every effort will be made to rescue any Service Animal or ESAs, there may be certain emergency evacuation situations that necessitate leaving the animal behind.
Roommates
Residents with a Service Animal or ESA who choose not to lease a single occupancy can generally expect one of the following scenarios:
- For residents who make their need for this accommodation known well in advance, University Housing will give future roommates notice that there will be an animal in the housing unit once room selection occurs. Residents may also reach out to roommates in advance if they are comfortable doing so.
- University Housing is unable to prevent residents with animals and residents with animal allergies from self-assigning together. If this situation occurs, whoever placed themselves in the room first, will be given priority to stay in that room, while the person who was assigned to that room later will work with University Housing on a room change. The same residence hall/room type cannot be guaranteed.
- For residents who make their need for this accommodation known after room selection and/or priority deadlines, University Housing will review whether any of the resident's roommates have previously disclosed an allergy to that type of animal.
- If there are no known allergies, University Housing will give potential roommates notice that there will be an animal in the housing unit. If a roommate has issues living with the animal or discloses an allergy, University Housing will work to identify another room placement for the roommate, and the roommate will be given priority for a room change. The same residence hall/room type cannot be guaranteed.
- If a roommate has previously disclosed an allergy, University Housing will work to identify another room placement for the resident with the animal, and the resident will be given priority for a room change. The same residence hall/room type cannot be guaranteed.
- University Housing is unable to prevent residents with animals and residents with animal allergies from self-assigning together. If this situation occurs, whoever placed themselves in the room first, will be given priority to stay in that room, while the person who was assigned to that room later will work with University Housing on a room change. The same residence hall/room type cannot be guaranteed.
- If there are no known allergies, University Housing will give potential roommates notice that there will be an animal in the housing unit. If a roommate has issues living with the animal or discloses an allergy, University Housing will work to identify another room placement for the roommate, and the roommate will be given priority for a room change. The same residence hall/room type cannot be guaranteed.
- If a roommate has previously disclosed an allergy, University Housing will work to identify another room placement for the resident with the animal, and the resident will be given priority for a room change. The same residence hall/room type cannot be guaranteed.
Residents should notify University Housing of their intent to bring a Service Animal or ESA at the time that they apply for housing and before priority deadlines for Disability Resource Center accommodations in University Housing.
Campus Contacts
Disability Resource Center, Stevenson Hall, 502-852-6938
University Housing & Resident Experience, Stevenson Hall, 502-852-6636
Human Resources, Cardinal Station Suite 205, 502-852-6258
University of Louisville Police Department, Floyd Street Garage, 502-852-6111
Office of the ADA Coordinator, SAC W301, 502-852-5787
Related Policies
Code of Student Conduct:
https://louisville.edu/dos/students/codeofconduct
University Housing Policies and Regulations:
https://louisville.edu/housing/policies/reshallpolicies
Other Resources
Louisville Metro Animal Control:
https://louisvilleky.gov/government/animal-services/services/make-service-request-animal-control
Jefferson County Animal Licensing:
https://louisvilleky.gov/government/animal-services/services/license-your-pet
Jefferson County Rabies Control:
https://louisvilleky.gov/government/health-wellness/rabies-control
Policy Reasoning:
This policy ensures that individuals with qualifying disabilities, who require the use of Service Animals or Emotional Support Animals (ESAs) as a reasonable accommodation, receive the benefit of the work or tasks performed by such animals or the therapeutic support they provide.
In accordance with the relevant provisions of the Americans with Disabilities Act (ADA) and/or the Rehabilitation Act of 1973, the University of Louisville (UofL or University) is committed to accommodating individuals with disabilities with the use of a Service Animal on campus to facilitate full participation and equal access to the University's programs and activities.
Definitions:
Service Animal
A Service Animal is a dog (or in some circumstances, a miniature horse) individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability and meets the definition of "service animal" under the Americans with Disabilities Act (ADA) regulations at 28 CFR 35.104. The work or tasks performed must be directly related to the individual's disability.
Examples include, but are not limited to: assisting individuals who are blind or have low vision with navigation and other tasks; alerting individuals who are deaf or hard of hearing to the presence of people or sounds; providing non-violent protection or rescue work; pulling a wheelchair; assisting an individual during a seizure; alerting individuals to the presence of allergens; retrieving items such as medicine or the telephone; providing physical support and assistance with balance and stability to individuals with mobility disabilities; and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
Emotional Support Animal
An Emotional Support Animal (ESA) is an animal that provides emotional support which alleviates one or more identified symptoms or effects of a person's disability. Some, but not all, animals that provide emotional support are professionally trained. Other ESAs are trained by the owners. In some cases, no special training is required. Unlike a Service Animal, an ESA does not assist a person with a disability with activities of daily living, nor does it accompany a person with a disability at all times.
Pet
A Pet is an animal kept for ordinary use and companionship. A Pet is not considered a Service Animal or an ESA. Pets are not covered by this policy. Residents of University Housing is not permitted to keep Pets (with the exception of fish in a ten (10)-gallon tank or smaller) on University property or in University Housing.
University Housing
For the purposes of this document, University Housing is defined as University managed housing facilities.
Official University Administrative Policy
Policy Name:
Speech and Distribution of Literature
Effective Date:
April 20 2004
Policy Applicability:
This policy applies to individuals and groups who are not part of the campus community who wish to engage in speech activities including the distribution of literature within the demarcated physical boundaries of the university This policy applies specifically to non commercial speech
Policy Statement:
As set forth in this policy, the university offers a designated public forum for free speech. Provided the person does not interfere with the educational process of the university and abides by the requirements of this policy, individuals and groups are allowed to express their views on any topic.
Use of the university's facilities does not mean that the individual or group speaking represents the institution or its ideals and principals. Members of the university community are free to walk away and not listen to any person speaking on campus.
Content and Manner
A. Content
Defamation, incitement to violence, and obscenity are prohibited, as herein defined.
- Obscenity
No person or organization shall distribute or display on the campus any writing or visual image that is obscene. - Defamation
No person shall make, distribute, or display on the campus any statement that defames any other person. A statement unlawfully defames another person if it is false, if the false portion of the statement injures the reputation of the other person, and if the speaker has the constitutionally required state of mind as set forth in decisions of the United States Supreme Court. - Incitement to imminent violations of the law
No person shall make, distribute, or display on the campus any statements directed to inciting or producing imminent violations of law under circumstances such that the statements are likely to incite or produce violations of law.
B. Manner
Public speech and the distribution of literature must not threaten the safety of the members of the university community or interfere with the university's educational mission. The manner of speech or distribution of literature must comply with the following restrictions:
- Harassment
No speaker or distributor of literature shall harass anyone. - Wearing of Masks (Metro Govt. General Provision 130.01)
No person shall enter, be or appear on the university campus, while wearing any mask whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer. - Impediment of movement
No person may deliberately impede the flow of pedestrians or vehicular traffic on campus. - Coercion
No person may attempt to coerce, intimidate, or badger any other person into listening to speech or into reviewing or accepting a copy of any literature distributed. - Demanding Attention
No person may persist in requesting or demanding the attention of any other person after that individual has attempted to walk away from or has clearly refused to listen to the speaker or has not accepted the distributed literature. - Identification of Distributor
All literature distributed on campus must include the identity of the registered person(s) or organization as well as a valid and complete contact address and telephone number.
- No Sales
No literature may be for sale or dispersed with the expectation of a donation. Individuals or groups who seek to advertise or sell goods or to distribute material for commercial purposes should contact the Student Activities Office. - No Litter
Any person(s) distributing literature on campus must remove all copies from the ground within 30 feet of the designated area before leaving campus. - Signage
Persons registered to distribute literature or speak on campus may carry or wear signs, but must exercise care not to bump, injure or hit any other person. Signs may not promote items for sale. Sign handles must be made of cardboard or other pliable material. - Amplification
Because of the proximity of the public speech areas to classrooms, no amplification will be permitted.
Compliance with Policy
A. Violations
Failure to abide by the terms of this document will result in the Dean of Students Office (or designee) or law enforcement employee directing the violating individual(s) to leave campus. In cases of marginal disruption, administrators or law enforcement officials will clearly identify the behavior or speech violating this procedure, and seek voluntary compliance before removing an individual or individuals from campus or resorting to charges and/or arrest.
Upon a violation, the Dean of Students Office will schedule a meeting with the individual or organization representative within 20 workdays to impose a restriction from campus for a period of up to six months. Appeals in writing may be made to the Vice President for Student Affairs and Dean of Students within 10 workdays of imposition of the restriction from campus. The Vice President for Student Affairs and Dean of Students (or designee) will review the appeal and will make a written response to the appeal within 15 workdays. The decision of the Vice President for Student Affairs and Dean of Students is final.
B. Failure to Register
Unregistered individuals speaking or distributing literature who come to the attention of the university will be removed from campus by law enforcement personnel. Such persons will be permitted to return to speak or distribute literature only after complying with the terms of the registration procedure described herein.
C. Failure to Appear
Because the university seeks to accommodate and manage the requests of multiple individuals and groups to speak on campus, a failure to appear at the date and time for which an individual or group has registered will constitute a violation of this procedure, and three such instances within a twelve-month period will trigger the provisions of Section 6(A).
Related Information:
Security
The university will provide security if it deems that the speaker or distributor of literature may engender a strong or hostile response. The university is not liable for any injury or destruction of property the individual or organization may incur as a result of the lack or failure of any security measures.
Location
Public areas include the grass and sidewalk areas of the university and do not include buildings and outdoor instructional, athletic or sports venues.
The university has identified certain campus public areas where public speech and distribution of literature will be permitted. All speakers and distributors of literature will be assigned to those areas.
Definitions:
Literature: Includes any printed material, including any newspaper, magazine or other publication, and any leaflet, flyer, or other informal printed matter intended for distribution or actually distributed to members of the university community.
Obscenity: As set forth in KRS 531.010 or successor provisions, and within the constitutional definition of obscenity as set forth in decisions of the United States Supreme Court, obscenity includes materials (a) as to which the predominant appeal is to prurient interest in sexual conduct, (b) which is depicted or described in a patently offensive way, (c) that when taken as a whole lacks serious literary, artistic, political, or scientific merit.
Harassment: As set forth in KRS 525.070, harassment includes the following: when with intent to harass, annoy or alarm another person he or she: strikes, shoves, kicks, or otherwise subjects a person to physical contact; or attempts or threatens to strike, shove, kick, or otherwise subject the person to physical contact; or follows a person in or about a public place or places.
policy
Position Budgeting
Official University Administrative Policy
Policy Name:
Position Budgeting
Effective Date:
July 1 2012
Policy Number:
BFP 001
Policy Applicability:
This policy applies to Deans Vice Presidents Directors Lead Fiscal Officers and Unit Business Managers
Policy Statement:
Units seeking to establish a new position must have sufficient funds available to fund the position prior to hiring a candidate. Units must determine if the position will be on a Continuing Annual Requirement (CAR) basis and plan accordingly. Units may need to submit a Budget Revision Request (BRR) to Budget and Financial Planning (BFP) to appropriately allocate funds to a specific program and account, and provide as necessary for fringe benefits. Units will not be able to hire a candidate until funding is in place.
Policy Reasoning:
A department's personnel budget is one of the most significant components of the overall institutional financial plan, accounting for approximately 70% of the University's budget. U of L has a position-based budget for personnel transactions; departments must establish the budget according to projected expenditures. Correct position data identifies vacancies in the organization, positions that are over or under budgeted, and establishes attributes for the job record, that allows the employee to be paid and receive benefits correctly.
Official University Administrative Policy
Policy Name:
Remote Deposit Capture
Effective Date:
February 1 2010
Policy Applicability:
This policy applies to University employees administrators faculty and staff
Policy Statement:
University departments must follow the Departmental Cash Controls Policy outlined in this policy in order to use Remote Deposit Capture (RDC or Deposit On-Site) to deposit checks received.
Related Information:
COST
A dedicated workstation is not necessary. Any University computer, which meets the operating system requirements and has internet access can be setup to use for Remote Capture. If volume warrants, a scanner will need to be obtained from Treasury Management at no cost to the unit.
DEPOSIT TICKETS
A unique Location Code is assigned to each Remote Capture account. Custom deposit tickets with your unique Location Code must always be used for: 1) deposits taken direct to the bank or Bursar's Office due to a processing problem and 2) currency and coin deposits processed. A valid Location Code insures deposits are posted correctly to the University's financial system. Treasury will submit initial order for deposits slips in duplicate or triplicate. Subsequent orders are submitted on Treasury web page PNC Bank Deposit Slip Order Form: http://louisville.edu/finance/controller/treasurymgmt/forms.
POSTING TO THE FINANCIAL SYSTEM
University Accounting will coordinate with departments to determine best method for posting to the University's financial system.
REPORTS
Images of the scanned checks, both front and back, a summary, and detail report are provided for each deposit via the reports module in the online banking system. Deposit detail is stored by the bank for a rolling 30 days. Information for deposits older than 30 days cannot be accessed through the bank. Searches on deposits older than 30 days must be done via reports saved in your local hard drive. The detail report gives information about the checks deposited including eight user-defined fields.
RETURNED CHECKS
Checks that fail at presentment are automatically resubmitted. If the check fails again, the department is notified via email. University Accounting creates the reversal entry in the financial system for returned checks and will contact the department for the Speedtype and Account code used in the original posting. The department must notify the payer, who in turn must contact their bank for resolution. UofL does not have a set policy on fees for returned checks. Each department sets their own rate and retains any fees paid.
STORAGE OF ORIGINAL CHECKS
The University's bank requires originals should be retained in locked storage for a minimum of 14 calendar days. After 14 calendar days and in possession for no more than 30 calendar days, stored checks must be then shredded using a crosscut shredder or by using UofL's current contracted disposal service, Shred-It. Copies of a deposited check that has been shredded can be obtained from the saved image report on file.
Policy Reasoning:
Remote Deposit Capture (RDC), also referred to as Deposit On-Site, enables clients to capture check images and payment related data, and transmit those images electronically to the bank for deposit. It eliminates the need for trips to the bank or Bursar's Office to submit deposits. Most types of paper checks can be submitted by Remote Capture including personal, business, Cashier, Certified, Official, Money Orders, and Travelers Checks. Foreign items cannot be submitted by Deposit On-Site.
policy
Travel Policy
Official University Administrative Policy
Policy Name:
Travel Policy
Policy Applicability:
This policy applies to University Employees administrators faculty and staff
Policy Statement:
General Policy
- The University will reimburse reasonable travel and business expenses duly authorized and incurred for the conduct of University business by employees, students, and other persons in the official service of the University according to this policy, which shall apply to all departments regardless of the source of funds, and in all affiliated and related organizations. Spouse travel and expenses shall be reimbursed, from discretionary funds, only when authorized by specific policy or approval of the appropriate Dean or Vice President. Dean or Vice President spouse travel shall be approved by the Office of the President or Provost. Reimbursement will not be made to Practice Groups or other entities.
- Persons incurring expenses on official business shall use the most economical and efficient means consistent with the best interest of the University and the purpose for which the expense is incurred. No duplicate claims or commuting expenses are allowed.
- Each administrator is responsible for ensuring that reimbursements from programs or to persons under his or her authority are reasonable and appropriate for the purpose and charged to a program appropriate to that purpose. An administrator may set lower reimbursement rates and require pre-travel authorization for persons or programs under his or her responsibility.
- Reimbursement claims shall be e-signed by the person seeking reimbursement, the immediate supervisor, and the person responsible for the program budget. If the immediate supervisor is not available to approve the travel expense report, the traveler should obtain approval from the next highest reporting level (i.e., the supervisor's supervisor). Individuals may not approve their own reimbursement or that of a colleague at the same reporting level, superior, spouse, relative, or household member. It is recommended that employees retain photocopies of expense reports and related receipts for their own records.
- Original receipts, showing the date of the service, are required to be scanned for airfare, lodging, car rental, and registration fee claims. If the original receipt is not available, complete the Certification of Non-original Receipt form when submitting. Any other items in excess of $30 must also be documented by dated receipts. LIST OF NON-ALLOWABLE TRAVEL EXPENSES.
- Traveler expense decisions shall be made in the best interest of the University. Side trips, vacations and extended stays with family and friends should not play a factor in making these decisions. Additional expenses for larger hotel rooms, premium vehicles, driving vs. flying to accommodate family and friends shall be deducted from the travel expense report prior to submission.
- In order to comply with Federal regulations, documentation of the necessity of the travel for the employee is required for any expenses that are charged to a Federal award (e.g., an NIH grant). Examples of documentation that may appropriately justify necessity include meeting agendas, abstracts, copies of posters and/or presentations, etc. Such documentation should be submitted along with other required travel backup documentation with the Travel Expense Report.
Related Information:
Administration of Policy
1. To be reimbursable, business expenses must be properly substantiated, have a business connection and be submitted within certain time limitations. These time limitations determine both whether the cost may be reimbursed by the University as a business expense, and whether that reimbursement will be treated as taxable income to the individual.
In order that expenses are recorded on a timely basis, the University encourages that reimbursable business expenses be substantiated in writing within 30 days after the expense is paid or after returning from travel. No other reimbursement shall be made for a claim except to correct an error. Claimant shall state the purpose of each trip or for a business expense: nature, location and name of establishment, name, and title of those present, specific business topic discussed and time of discussion (before, during, or after the event). If non-work days interrupt official travel, the travel expense report shall show such dates. Only one (1) travel expense report per trip should be submitted, and each travel expense report should include only one (1) trip (except for mileage-only claims). This is regardless of how many funding sources or approval signatures are provided on the expense report.
In order to comply with IRS requirements, the University uses the IRS standards for establishing reasonable time limitations for determining the tax treatment of reimbursements, as follows:
- If written substantiation for the reimbursement is submitted within 60 calendar days of when the expenses were incurred or after returning from travel, and if all other requirements of the University's Travel Policy are met, the reimbursement will be treated as a nontaxable reimbursement of a University business expense.
- If written substantiation occurs more than 60 calendar days after the expenses were incurred or after returning from travel, the reimbursement must be reported to the IRS as taxable income paid to the individual. The amount of the reimbursement will be added to the employee's W-2, and taxes withheld from pay.
Additionally, the following guidelines appear in IRS Publication 463 to establish what will be considered a "reasonable time" period for purposes of the following:
- Advance Payments - Funds can be advanced up to 30 days before reasonably anticipated expenses are paid or incurred (i.e., departure of trip).
- Written Substantiation - Must be submitted within 60 days of when expenses are paid or incurred.
- Return of Excess Amounts - within 60 days after expenses are paid or incurred.
Note: Although the IRS Regulation specifies that excess funds from travel advances can be returned up to 120 days of trip return date, the University requires that all advances be reconciled within 60 days (to meet the above "written substantiation" rule) which means that all unused funds would also have to be returned within 60 days for the advance to be considered "reconciled". Unsubstantiated advances and excess allowance funds not returned to the University within 60 calendar days, and reconciliations that include unallowable expenses, will be added to the employee's W-2 as taxable income.
2. The Controller's Office or the traveler's supervisor may require claim justification. The Controller's Office pays claims and, after rebuttal opportunity by those signing the claim, may disallow or reduce any claims contrary to this policy or account restrictions, or which cannot be justified.
3. Policy exceptions in the best interest of the University and interpretations will be made by the Director of Disbursement and may be appealed to the AVP for Finance/Controller except for travel claims for the VP for Finance and Provost, which shall be approved by the President. Reimbursement of the President is supervised on a post-audit basis by the Board of Trustees acting through its Chairman. Reimbursement of Trustees will be reported to the Board's Executive Committee on a post-audit quarterly basis through the Office of Audit Services.
Transportation and Lodging
1. Economy Required. University employees and/or students traveling on official business shall use the most economical, standard transportation available and the most direct and usually traveled routes. Expenses added by use of other transportation must be assumed by the individual.
2. Use of privately owned vehicles may be reimbursed at the prevailing IRS rate. Mileage claims, based on official mileage maps, must be more economical than the airfare available, except when the use of a vehicle is necessary. In the case that an employee decides to drive rather than fly to a destination that would typically be more cost effective to fly, please provide a copy of quote, dated at least two (2) weeks prior to the departure date, from the University's contracted travel agency with the travel expense report showing the most economical airfare available at the time of the trip. This will be used as a basis to determine the amount of reimbursement to the employee. An employee will not be reimbursed the full value of mileage charges if that amount exceeds this basis. Local travel shall be listed separately by trip including date, miles driven, and purpose. If separate lines on the travel expense report are not used, an attachment listing these items is acceptable (i.e., copy of an individual's travel log). If actual gas expenses are claimed in lieu of mileage for personal vehicles (and for the fuel for rental vehicles), provide final receipts from the gas/fueling station. The "prepaid" version of the receipt issued prior to fueling is not a finalized paid receipt for documentation. If mileage is claimed, reimbursement for fuel charges cannot be claimed. When deciding whether to use a personal vehicle and claim mileage or obtain a rental vehicle, consider the number of miles to be driven and the number of days of the trip. Typically, any trip over 200 miles would be more economical using a rental vehicle. Also, note that the University's insurance policy does not cover personal vehicles.
3. Commercial carrier travel including airfare may be reimbursed at actual cost including taxes and fees for the most economical class available. Airfare for travel with individual flight duration of at least 8 hours may be reimbursed up to business class fare. Reimbursement for business class is contingent upon prior approval from the traveler's Chairperson, Dean or Vice President. The University will make direct payment for tickets purchased from its contracted travel agent via the University's travel credit card. Travelers who find cheaper pricing from another source (trip consolidators not included) for the exact same itinerary with prices quoted at the same time, should contact an agent from the University's contracted travel agency.
Meals and Other Expenses
1. For meals (including associated taxes and tips) not provided or otherwise reimbursed while on required travel with an overnight stay, a meal allowance may be paid. An overnight stay is required by the IRS to claim any of the following:
- A meal allowance may be paid at the prevailing per diem rate set by the U.S. General Services Administration for travel within Kentucky and the other 49 states, the District of Columbia, the U.S. Virgin Islands, Puerto Rico, Guam and any other territory possession of the United States.
- Meals, tips, and taxes may be reimbursed on the basis of actual expenses with the approval of a supervisor and in lieu of a meal allowance for travel within the areas listed in item a. (above) paid from other than general funds or governmental grants and contracts, or externally funded sources. The amount of reimbursement must be no more than the prevailing per diem rate set by the U.S. General Services Administration.
- Meals may be reimbursed up to the federal per diem rates for the locale, the standard federal CONUS rate of $74 maximum per day or the actual meal costs (original receipts required), as determined by the supervisor or program limits, for travel outside the areas listed in item a. (above), (i.e., international travel). Care should be taken in advance to verify current restrictions if federal funds are charged for travel. One method should be selected and used for the entire travel expense report. Multiple methods cannot be used on one trip.
Per Diem meal rates for domestic travel per the U.S. General Services Administration, please locate the applicable city and state.
Per Diem meal rates for international travel.
Total Daily Rate
$51
$54
$59
$64
$69
$74
Type of Meal
Maximum Allowance per Meal
Breakfast
(Must depart by 6:30 am;
Return after 9:00 am)
$10
$11
$12
$13
$14
$15
Lunch
(Must depart by 11:00 am;
Return after 2:00 pm)
$15
$16
$18
$19
$21
$22
Dinner
(Must depart by 5:00 pm;
Return after 7:00 pm)
$26
$27
$29
$32
$34
$37
Maximum Daily Rate for Domestic Per Diem Rates (Overnight stay required per the IRS)
For Alaska, Hawaii, and U.S. Territory possessions: Calculate rate per meal at 20% for breakfast, 30% for lunch and 50% for dinner.
2. Actual costs may be reimbursed for parking, tolls, first checked baggage fees, internet (to conduct University business) and baggage handling, including delivery to or from a common carrier or lodging, and storage. Costs for overweight baggage, multiple checked baggage and shipping are allowed if a business necessity.
3. Costs of laundry and dry-cleaning may be reimbursed for business travel of more than six consecutive days. Overnight travelers may be reimbursed actual cost for pressing or emergency dry cleaning of one outfit worn for a business activity.
4. Other necessary expenses may be allowed by the Controller if in the interest of the University. Claimants should apply for prior authorization of such expenses with supervisor approval.
Entertainment
University entertainment is the arrangement of activities, events, or meals for the promotion and advancement of the university's mission. While the breadth of the university's mission may occasionally require entertainment needs, such expenditures must be reasonable and must be managed in a fiscally responsible manner.
Meals or events that are primarily social in nature (i.e., public relations, development, etc.) and have a UofL-related business purpose may be permitted. Examples of acceptable entertainment expenses include:
- Alumni events and receptions.
- Faculty, staff, and student awards and appreciation events.
- Receptions for visiting scholars, dignitaries, award winners, etc.
- Meals including University guests and other non-employees.
- Donor and donor prospect meals and receptions.
- Commencement-related events.
- Recruitment of prospective faculty, staff, or students.
- Catered events in celebration of University milestones.
Please note that this is not an all-inclusive list. If you have any questions regarding a potential entertainment expense, please contact the Controller's Office.
For more details on entertainment expenses and the documentation required, see the Entertainment/Business Meals Policy Grid.
**Entertainment expenses may not be reimbursed from federally sponsored programs.**
Business Meetings/Meals
For a meeting to be considered "business related," the meeting must be planned with a defined, strategic business objective. A pre-meeting agenda is encouraged to establish expectations of the meeting. Whenever possible, meetings should be conducted outside of normal meal periods.
Meals or refreshments that are incidental to and a continuation of the business purpose of the meeting are considered business related and can be coded as Business Meals, 559000. Meals that include alcohol are considered to be entertainment expenses and must be coded as Entertainment/Social Expenses, 566000.
Official departmental parties open to all employees are permitted. Non-allowable expenses include parties or meals for social functions such as employee birthdays, weddings, births, and other personal events.
For more details on business meals and the documentation required, see the Entertainment/Business Meals Policy Grid.
**Business meals and refreshments/alcohol are not allowable in support of federally sponsored programs unless they have been specifically approved by the funding agency.**
Tipping
Gratuities for business meals are allowable; however, they must be reasonable and not exceed a threshold of 20%.
Please be mindful of situations where gratuity is automatically included. Any additional gratuity should not exceed a total of 20%. (For example, if your bill is $100 and an 18% tip is added by the merchant, any additional tipping should not exceed 2%, or $2.00.)
For large catering/delivery orders (pizza, sandwiches, box lunches, etc.), a 20% tip may be too generous. For example, if you order sandwiches from a nearby sub shop and the total cost is $1500, a 20% tip, or $300, would be excessive. A 5% tip, or $75, would be more reasonable.
Alcohol
Alcohol may be purchased in conjunction with the entertainment activities sponsored by your department or unit (see ENTERTAINMENT section above for the list of approved events). Since alcohol may present risks, events at which it is available should be managed with common sense and due care. For a detailed listing of permissible funding sources, refer to the Alcohol Beverage Purchases Policy.
**Alcohol may not be charged to general funds, sponsored programs, or other restricted funding sources.**
Spouse/Children Expenses (Rare)
Spouse/children (including children under 18 years of age) meal and entertainment expenses shall be paid from discretionary funds only when authorized by specific policy or approval of the Department Head/Chair, or, in the case of the Dean or Vice President, expenses shall be approved by the Office of the President or Provost.
Non-Employee Expenses
Non-employee (guest speaker, recruit, donor, etc.) meal and entertainment expenses may be paid in conjunction with the approved entertainment and business meal criteria.
Payment
The University's ProCard is the required method of payment for business meals, entertainment, and alcohol expenses. On a limited exception basis, if a ProCard is not available, an employee or student* may pay out-of-pocket and request reimbursement through the Controller's Office. (As a reminder, the ProCard cannot be used for an employee's meals while traveling unless the employee is entertaining guest or conducting a business meal.)
*If affiliated with a course curriculum or academic performance, the Financial Aid Office must be contacted before arrangements are made and/or the expense is incurred.
Entertainment/Business Meal Policy Grid
DEFINING CRITERIA & REQUIRED DOCUMENTATION
Common Types of Entertainment Expenses
Defining Criteria
Documentation Required
Approval Required
Alumni or Donor Events
Events hosted to promote the University and seek support to fulfill the University's public mission.
- Location
- Business purpose
- Date
- Names of participants or identification of the group attending
- Itemized receipt
ProCard:
- Card Approver
Reimbursement**:
- Employee's Supervisor
- Authorized Signature for Funding Source
Receptions
A gathering of individuals associated with a University-sponsored event that provides the opportunity for interaction in a setting that is not purely social in nature. Unlike a business meeting, a reception may not have a specific agenda or time frame. Like a business meeting, the purpose must be related to or promote the mission of the hosting department.
- Location
- Business purpose Date
- Names of participants or identification of the group attending
- Itemized receipt
ProCard:
- Card Approver
Reimbursement**:
- Employee's Supervisor
- Authorized Signature for Funding Source
Faculty and staff awards, appreciation events
Hosted by the University to recognize certain individuals, specific departments, or the entire University community.
- Location
- Business purpose
- Date
- Names of participants or identification of the group attending
- Itemized receipt
ProCard:
- Card Approver
Reimbursement**:
- Employee's Supervisor
- Authorized Signature for Funding Source
Recruitment Meal
Hosted by the University for the purpose of recruiting prospective faculty, staff, or students.
- Location
- Business purpose/topic(s) discussed
- Date
- Names of participants
- Itemized receipt
ProCard:
- Card Approver
Reimbursement**:
- Employee's Supervisor
- Authorized Signature for Funding Source
Commencement-related Activities
Activities for students, their families, and/or faculty and staff to honor graduating students.
- Location
- Business purpose
- Date
- Names of participants or identification of the group attending
- Itemized receipt
ProCard:
- Card Approver
Reimbursement**:
- Employee's Supervisor
- Authorized Signature for Funding Source
Meals with Guest Speakers
Meal is served to group while attendees listen to speaker(s).
- Location
- Business purpose/topic(s) discussed
- Date
- Name of the guest speaker and identification of the group addressed
- Itemized receipt
ProCard:
- Card Approver
Reimbursement**:
- Employee's Supervisor
- Authorized Signature for Funding Source
Student Function - Group
Group and general attendee function hosted by the University with a business purpose or to provide a supplemental educational experience.
*If affiliated with a course curriculum or academic performance, the Financial Aid Office must be contacted before arrangements are made and/or the expense is incurred.
- Location
- Educational purpose/topic(s) discussed
- Date
- Event announcement (i.e., flyer or email invitation).
- Itemized receipt
ProCard:
- Card Approver
Reimbursement**:
- Employee's Supervisor
- Authorized Signature for Funding Source
*Written approval from the Financial Aid Office
Student Function - Individual
When acting in the capacity of an employee and there is a business purpose or to provide a supplemental educational experience.
*If affiliated with a course curriculum or academic performance, the Financial Aid Office must be contacted before arrangements are made and/or the expense is incurred.
- Location
- Purpose/topic(s) discussed
- Date
- Itemized Receipt
ProCard:
- Card Approver
Reimbursement**:
- Employee's Supervisor
- Authorized Signature for Funding Source
*Written approval from the Financial Aid Office
Training and/or working meals
Employees are required to work during their meal periods. Food is generally brought into the workplace.
- Location
- Subject matter covered or type of training provided.
- Date
- Names of participants or department/division name if the whole department is involved.
- Itemized receipt
ProCard:
- Card Approver
Reimbursement**:
- Employee's Supervisor
- Authorized Signature for Funding Source
Committee Meetings
Working meeting of a committee.
- Location
- Business purpose/topic(s) discussed
- Date
- Names of participants.
- Itemized receipt
ProCard:
- Card Approver
Reimbursement**:
- Employee's Supervisor
- Authorized Signature for Funding Source
Staff Meetings or Food for Office Functions
At the discretion of the funding department, but must be infrequent in nature and relevant to the work of the department.
- Location
- Business purpose/topic(s) discussed
- Date
- Names of participants or, if a meeting for the entire office, name of department and number of attendees.
- Itemized receipt
ProCard:
- Card Approver
Reimbursement**:
- Employee's Supervisor
- Authorized Signature for Funding Source
** The ProCard is the required method of payment for entertainment and business meal expenses. Reimbursements will only be approved on a limited, exception basis.
Group Travel
- Group travel requirements may necessitate prior coordination between the Department and the Controller's Office.
- Contact Anthony Travel, Terri Hall at terrihall@anthonytravel.com, or call Anthony Travel at 502-369-8400, for assistance with group travel requirements. Agents can assist with both hotel and air travel.
Special Travel Rules
- Authorization by the Provost is required before any costs are incurred for travel outside the continental United States, Alaska, and Hawaii regardless of the source of funds. Submit International Travel forms. Authorization must be signed by the traveler and supervisor (Department Chair or Dean for faculty) and submitted to the Provost at least 15 days before departure date.
- Cash advances for international travel may be requested from the Controller's Office 10 days prior to departure. Any cash that is not used during the trip should be deposited at the Bursar's Office immediately upon return from the trip. The deposit should be accompanied by a Transmittal Sheet and coded to the same program/account code used for the original advance request.
- Groups may arrange, by purchase order, lodging of four (4) or more persons on business at group rates as long as the lodging establishment is willing to direct bill the University after the stay is complete. If less than four employees are accompanying a group of students and /or non-employees on a trip, the employee(s) may also be covered on the PO, even if there are not a minimum of four employees.
- The University will reimburse faculty, staff, and students for the cost of obtaining passports and visas, including photos, application fees, immunizations, mailing costs, etc. as long as:
- The individual is traveling with explicit direction from the University to perform required work overseas or participate in a University sanctioned activity.
- There is a legitimate and documented business reason for the international travel.
- The charge is allowable for the funding source used.
- Hotel deposits may be reimbursed to the traveler prior to the trip when required by the lodging facility. This includes deposits covering the first night's stay or any deposits covering the entire stay when required by the lodging facility in writing. Request for reimbursement of these deposits should be submitted on a Payment Request form (not a travel expense report) and should be accompanied by a receipt from the hotel/motel showing method of payment. Please note, it is the department's responsibility to ensure that these deposits are recovered if a trip is canceled, and it is also the department's responsibility to ensure that travelers do not receive reimbursements on their travel expense report.
- The individual is traveling with explicit direction from the University to perform required work overseas or participate in a University sanctioned activity.
- There is a legitimate and documented business reason for the international travel.
- The charge is allowable for the funding source used.
Moving Expenses
Payment of reasonable moving expenses, up to a set amount, from non-federal unit funds may be authorized by Deans and Vice Presidents as part of the recruitment package for new full-time, regular status administrators, faculty and exempt staff (P&A) moving at least 75 miles and whose relocating principal residence is within 40 miles of the assigned University workstation. Such payment is not an entitlement and is negotiated on a case-by-case basis, and conditional upon use of movers under contract through the University Purchasing Department.
Reimbursement of non-deductible expenses to an individual and/or employee is considered income and will be reported to the IRS.
Effective January 1, 2018 - IRS Maximum Mileage Allowance for Moving Expenses: 18¢ per mile.
International Travel
Unless stated otherwise in this section, all requirements for international travel reimbursement are the same as previously stated in this policy. For the purpose of this policy, international travel is defined as all travel outside the 50 U.S. States, the District of Columbia, the U.S. Virgin Islands, Puerto Rico, Guam and any other territory possession of the United States.
1. Authorization
- Out-of-country authorization is required for all international travel regardless of the funding sources. The Out-of-Country Travel Form (pdf) must be approved by the following:
- The person requesting the approval; and
- Department head or individual to whom the traveler reports; and
- Provost or designee.
- This form must be approved prior to taking the trip and before making any reservations. Failure to comply with this will result in disapproval of the reimbursement request. No consideration will be given to forms filed after the trip has been taken. This form must be submitted no less than fifteen (15) working days prior to the departure date.
- The person requesting the approval; and
- Department head or individual to whom the traveler reports; and
- Provost or designee.
2. Transportation
- When traveling in a foreign country, it is advised that traveler's obtain vehicle insurance provided by the rental car agency. When renting a vehicle, make sure that the University of Louisville is listed as the lessee (i.e., "John Doe/University of Louisville"). View the University's Automobile Insurance Coverage Policy.
- Fly American Act. When federal funds are used for foreign travel, tickets must be purchased in compliance with the Fly American Act, which states that travelers are required to use a U.S. flag air carrier. The only exceptions to using a foreign air carrier would be:
- In the event of a medical emergency.
- For physical security.
- If no U.S. Flag air carrier provides service to the traveler's destination.
- If the user of a U.S. Flag air carrier would extend the travel time by 6 or more hours, increase the number of aircraft changes outside the U.S. by 2 or more, require a connection time of 4 or more hours at an overseas interchange point.
- In the event of a medical emergency.
- For physical security.
- If no U.S. Flag air carrier provides service to the traveler's destination.
- If the user of a U.S. Flag air carrier would extend the travel time by 6 or more hours, increase the number of aircraft changes outside the U.S. by 2 or more, require a connection time of 4 or more hours at an overseas interchange point.
3. Reimbursement Rates
- Meals and incidental expenses:
For International Travel, the traveler can request reimbursement using one of the three methods listed below:- Federal Standard CONUS rate of $46 per day.
- Actual costs with original receipts supporting the claim.
- Federal Per Diem rates for that locale at the time the travel occurred.
- The option used is at the discretion of the home department and what is allowed under the grant or contract. The traveler may use only one method of reimbursement for the trip.
- Federal Standard CONUS rate of $46 per day.
- Actual costs with original receipts supporting the claim.
- Federal Per Diem rates for that locale at the time the travel occurred.
4. Foreign Travel Advance
- In certain circumstances, an advance may be necessary. These advances may be only requested for foreign travel only. For consideration of an advance, the following must be in place:
- Requester/traveler's request must be for official university business.
- Length of stay must be at least five (5) working days.
- A minimum amount requested must be $500 or greater. Requested amount must be supported by a list of estimated expenditures.
- Advances for airfare (and/or pre-trip reimbursement) will not be considered unless an individual can substantiate dollar savings over costs of using our contracted travel agency. Keep in mind that the Anthony travel program provides a low price guarantee, so airline tickets should almost never need to be booked through another source. The following process should be used to substantiate dollar savings:
- Quotes from the outside agency and the University's contracted travel services provider should be obtained on the same day for identical itineraries (same flights, same times, same dates of travel, etc.). To obtain a quote from the University's contracted travel agency, log on to Concur on-line booking site or call an Anthony agent - 502-369-8400.
- Cost savings must meet the following criteria to be considered:
For University contracted travel agency ticket prices totaling
Savings with the outside agency needs to be
$1 - $500
At least $75
$501 - $1,000
At least $100
$1,001 and above
At least 10%
- Send both quotes to the Director of Disbursements for approval to purchase ticket(s) from the outside agency.
- The advance request must be received at least ten (10) working days prior to the anticipated trip.
- The traveler must sign an advance statement stipulating the required paperwork will be filed with the Controller's Office within thirty (30) working days of return from the trip. Failure to do so will stop any future advances and may result in the amount of the advance being added to the employee's W-2 statement at the end of the calendar year. The traveler must sign the advance form when the check is distributed. No designee is allowed.
Definitions:
Workstation
- The official workstation of employees assigned to an office is the building, room number, and campus.
The official workstation shall be based solely on the best interest of the university, not an employee's convenience.
Official University Administrative Policy
Policy Name:
Reporting Transfer or Movement of Property
Policy Number:
INV 3 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
Transfer or movement of equipment may not be made beyond the confines of the university until authorized by cognizant authority. Internal transfer of property between departments may be authorized by deans, directors, and department heads. The Inventory Control office must be notified of all transfer or movement of property with a value $1,000 or more.
Related Information:
The Surplus Warehouse is open for department selection on Wednesdays only, except when preparing for an auction. The Surplus Warehouse is located at 1901 S. Floyd Street on Belknap Campus. The warehouse is open from 7:30 am to noon and 1 pm to 3:30 pm. Surplus items may be brought in or removed any day of the week.
There is no charge to the department to reserve an item for departmental use. Reserved items should be removed within two weeks or items will be made available to others. If you want Physical Plant labor to deliver your reserved item, the department must complete the Physical Plant Chargeable Service Request form. Physical Plant will bill the department for its services.
Surplus items are not for personal use or sale.
Definitions:
Property - An item of movable tangible personal property, which has a cost or value of $1,000 or more, a useful life of more than one year and which retains its identity as a separate and identifiable item.
Official University Administrative Policy
Policy Name:
Procurement Card Program
Policy Number:
PUR 23 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The Procurement Card Program has been established as a service to campus departments though PNC Bank and the UofL Procurement Services. This program allows departments the opportunity to use a University credit card to purchase certain goods.
Related Information:
The program complements the existing purchasing and payment process. Use of the card will not replace current travel or competitive bid regulations, nor will it allow departments to bypass Procurement policies and procedures. (All purchases under $4,500 should be placed using the university credit card. Exceptions to this include vendors that do not accept the credit card or charge a fee for processing credit card transactions.)
Procard Site
See Related ProCard Program Policy
Policy Reasoning:
The university benefits by having a more efficient, cost-effective method of purchasing and payment for small dollar transactions.
Responsibilities:
If a department decides it is appropriate for their use and wishes to participate, the cardholders will be expected to follow the established guidelines and will be held accountable for use of the card.
Official University Administrative Policy
Policy Name:
Purchases From Employees
Policy Number:
PUR 9 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
Purchases from University employees, including that employee's family and/or immediate family, shall be determined to be a Conflict of Interest and are prohibited under KRS 164.821(7).
Related Information:
Official University Administrative Policy
Policy Name:
Reciprocal Preference for Proposals Bids
Policy Number:
PUR 16 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
A resident Offeror of the Commonwealth of Kentucky shall be given a preference against a nonresident Offeror.
Related Information:
In evaluating proposals, the University will apply a reciprocal preference against an Offeror submitting a proposal from a state that grants residency preference equal to the preference given by the state of the nonresident Offeror.
Any Offeror claiming Kentucky residency status shall submit with its bid/proposal a notarized affidavit (Resident Bidder Claim Form, Qualified Bidder Claim Form) with supporting documentation affirming that it meets the criteria as set for in the above referenced statute. This policy is not applicable when federal funds are used for a procurement.
Policy Reasoning:
Reference KRS 45A.490 to 45A.494
Definitions for KRS45A.490 to 45A.494
Definitions:
In accordance with KRS 45A.490 to 45A.494, Kentucky Resident Bidder Status or Qualified Bidder Status
Residency and no residency shall be defined in accordance with KRS 45A.494 (2) and 45A.494 (3), respectively.
policy
Trade in Purchases
Official University Administrative Policy
Policy Name:
Trade in Purchases
Policy Number:
PUR 31 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
Departments of the University that consider the trade-in of University owned property on the purchase of new equipment or products must first obtain advance release for trade-in approval from Procurement Services.
Policy Reasoning:
Accurate removal and tracking of university equipment.
policy
Vehicle Rental
Official University Administrative Policy
Policy Name:
Vehicle Rental
Policy Number:
PUR 36 00
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
All vehicles should be rented through the current contract holder for all vehicle rentals under compliance with university travel procedures. Procedures for making reservations can be viewed via the Controller's Office website, Emerald Club account (Enterprise/National car rental).
Related Information:
For any University business vehicle rentals, please visit Risk Management's Vehicle Use Policy for information regarding insurance.
If renting a 15 passenger van, please review 15 passenger van guidelines on Risk Management's website.
Vehicle rates can be viewed via the link Vehicle Rates.
"Any violation of the vehicle rental policy and procedures may result in the forfeiture of the use of vehicle rentals."
Policy Reasoning:
University established contract.
Official University Administrative Policy
Policy Name:
General Safety in Laboratories
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students and visitors
Policy Statement:
The use of chemicals at the University of Louisville shall be planned and performed in a manner to ensure that a safe and healthy environment is maintained.
General Rules for Laboratory Safety
Safety should be thought about, acted upon, and encouraged until it becomes a habit for all workers. Every laboratory worker shall observe the following rules:
Preventive Measures
Know the safety rules and procedures that apply to the work that is being done. Determine the potential hazards and appropriate safety precautions before beginning any new operations. Be alert to unsafe conditions and actions. Call attention to them so that corrections can be made as soon as possible.
Equipment
- Know the location and use of the emergency equipment (fire blanket, safety shower/eyewash) in your area. Know how to obtain additional help in an emergency and be familiar with emergency procedures.
- Use equipment only for its designated purpose.
- Only use a fire extinguisher if you are trained to do so. The University prefers that you evacuate the area and allow physical plant and other trained individuals to fight the fire.
- Carefully position and secure any apparatus used for hazardous reactions in order to permit manipulation without moving the apparatus until the entire reaction is complete.
- Use mechanical devices for all pipetting procedures; never use mouth suction.
Personal Safety
- Protect the face, skin, and eyes, at all times by wearing appropriate protective clothing and equipment to avoid direct contact with the chemical (i.e. chemical goggles, gloves, apron or lab coat, etc.). Remove these items before leaving the laboratory. Do NOT wear lab coats or other potentially contaminated protective equipment out of the lab into elevators, during lunch breaks, or launder lab coats at home.
- Sandals, open-toed shoes, and shorts should never be worn in a laboratory in which hazardous chemicals are in use.
- All workers with long hair must tie hair away from moving, rotating equipment.
- Do not eat, drink, smoke, or apply cosmetics in the laboratory or in any location where chemicals or other hazardous agents are used or stored.
- Never drink out of laboratory glassware. Glassware that has been washed with chromic acid can retain and leach this toxic chemical into contents of the glassware. Even small amounts of chromium salts are hazardous to your health.
- Remain out of the area of a fire or personal injury unless it is your responsibility to help meet the emergency.
- Avoid distracting any other worker. Practical jokes or horseplay will not be tolerated at any time.
- Do not pipette anything by mouth.
- Post emergency phone numbers near lab phones and on the lab doors.
- Conduct procedures that involve hazardous volatile chemicals or that may result in the production of aerosols or dangerous gases in a properly functioning chemical hood. If this is not feasible, call the DEHS Lab Safety Coordinator at 852-2830 for a hazard assessment.
- Be alert to unsafe conditions, and call attention to them so that corrections can be made.
- Consider any unlabeled chemical solution hazardous until it is identified.
- Discard chemicals that have changed in color or appearance using approved disposal procedures.
- Allow only authorized personnel in the laboratory.
- Wash hands frequently - always before leaving the laboratory and prior to eating, smoking, applying cosmetics, etc.
- Remove gloves before leaving the laboratory. Do NOT wear gloves out of the lab into elevators or while typing on lab computers.
Working Alone In Laboratories
Prior approval of the Principal Investigator is required for working alone after hours.
Generally, it is prudent to avoid working alone at the bench in a laboratory. Individuals working in separate laboratories outside of working hours should make arrangements to check on each other periodically, or ask security guards to check on them. Experiments known to be hazardous should not be undertaken by a worker who is alone in a laboratory. Under unusually hazardous conditions, special rules may be necessary. When working with acutely toxic materials, never work alone in a laboratory.
Unattended Laboratory Operations
Prior approval of the Principal Investigator is required for unattended laboratory operations.
Laboratory operations involving hazardous substances are sometimes carried out continuously or overnight with no one present. It is the responsibility of the worker to design these experiments so as to prevent the release of hazardous substances in the event of interruptions in utility services such as electricity, cooling water, and inert gas. Laboratory lights should be left on, and signs should be posted identifying the nature of the experiment and the hazardous substances in use. If appropriate, arrangements should be made for other workers to periodically inspect the operation. Information should be posted indicating how to contact the responsible individual in the event of an emergency.
Laboratory Housekeeping
General
As you walk through a well-kept laboratory, you should note a clean and orderly workplace.
- Floors should be free of hazards. Never leave carelessly discarded objects, dropped objects, or spilled material on the floor.
- Always keep tables, chemical hoods, floors, aisles, and desks clear of all material not being used.
- There should always be two clear passageways to exits.
- There should always be clear space around safety showers or eyewashes, fire extinguishers, and electrical controls.
- Sink traps and floor drain traps should be filled with water at all times to prevent the escape of sewer gases into the laboratories.
- Any frequently used bench apparatus should be kept well away from any edges and secured whenever possible.
- Clean work areas upon completion of an experiment or at the end of each day.
- Bench tops and bench liners should be free of visible contamination.
- Reduce the risk of slips, trips, and falls by cleaning up liquid or solid spills immediately, keeping doors and drawers closed and passageways
- Clear of obstructions.
Storage
- Sharp or pointed tools should be properly sheathed or stored.
- Clothing should be hung in proper locations and not draped over equipment or benches.
- Less commonly used equipment should be kept in storage.
- Do not store chemical containers on the floor.
- Do not store excess cardboard boxes, equipment boxes, Styrofoam, etc. under lab benches, on shelves, or above shelves/cabinets throughout the lab.
- This can be a safety as well as a fire hazard.
Laboratory Safety Assessments
While DEHS conducts periodic assessments and consultations of laboratories, Principal Investigator, or designee, performs lab safety self-assessments on an annual basis. A printable version of the self-assessment is available on the Lab Safety Assessment Program website, with instructions on documenting performance of the lab safety assessment in BioRAFT.
Inspections by Regulatory Agencies
Contact the DEHS office immediately if a state or local EHS regulatory agency arrives to inspect a University facility.
There may be occasions when a representative of a state or local regulatory agency may come to University laboratories to audit compliance with various environmental health and safety regulations. The agencies include the Kentucky Division of Waste Management, the Kentucky Occupational Safety and Health Program and the Louisville and Jefferson County Metropolitan Sewer District. In order to assure all appropriate information is provided to regulatory compliance officers during an inspection it is necessary that a representative of the DEHS be present during a regulatory inspection.
Policy Reasoning:
The objective of this policy is to eliminate, or reduce to the lowest feasible level, employee exposures to chemicals used in University of Louisville laboratories. Recognizing the importance and widespread use of research involving many classes of chemicals, these guidelines will attempt to facilitate this objective by defining responsibilities and procedures for essential laboratory safety.
Responsibilities:
Chairperson
The chair has primary responsibility for the safe management of laboratories in a department, including compliance with all applicable regulatory requirements, and shall require that all laboratories in his/her charge be safely managed. He/she may delegate to other departmental faculty or staff members the authority to oversee these activities.
As the safety and well-being of students, faculty, and staff come above all other considerations at the University of Louisville, the chair shall ensure that no experiment that subjects personnel to excessive risk is permitted, no matter how valuable the experimental information might be.
Faculty (Principal Investigator)
- Acquire the knowledge and information needed to recognize and control hazards in the laboratory;
- Ensure completion of the lab-specific sections of the model Chemical Hygiene Plan, including Standard Operating Procedures for highly hazardous substances. Review these documents annually and revise as required. Ensure access to the lab specific Chemical Hygiene Plan for all lab personnel working with hazardous chemicals;
- Ensure an inventory of hazardous chemicals present in the lab is maintained and that Material Safety Data Sheets are readily available to all lab personnel working with hazardous chemicals;
- Evaluate safety and health hazards connected with proposed experimental procedures, select and employ laboratory practices, engineering controls and personal protective equipment that reduce the potential for exposure to chemicals to the lowest feasible level, and plan for handling of any resultant emergencies;
- Provide information and training to those employees for whom the investigator is responsible. This training should center on health and safety hazards unique to the specific laboratory, which are not included in the scope of the basic laboratory safety training. Special emphasis shall be made for highly hazardous substances, which require written SOP's delineating laboratory practices, engineering controls, personal protective equipment, and procedures for dealing with spills and accidents;
- Require adherence to guidelines relating to safe usage of approved apparatus and the acquisition, use, and storage of hazardous materials and the proper disposal of hazardous waste. Supervise the safety performance of staff to ensure that required laboratory practices, engineering controls, and personal protective equipment are employed;
- Be alert to and informed of federal, state, and local regulations relating to each particular laboratory operation;
- Arrange for immediate medical attention for personnel and reporting to the DEHS any accident that results in:
- Injury requiring medical attention.
- Fire or explosion.
- Ingestion or inhalation of dangerous amounts of chemicals or poisons.
- Any incident resulting in overexposure of personnel or danger of environmental contamination by chemicals.
- Assist representatives of the DEHS investigating accidents;
- Investigating and reporting to the DEHS any problems pertaining to operation and implementation of laboratory practices and engineering controls; and
- Obtain approval, when required, from the Department of Environmental Health and Safety to conduct a high-risk operation involving chemical agents.
- Injury requiring medical attention.
- Fire or explosion.
- Ingestion or inhalation of dangerous amounts of chemicals or poisons.
- Any incident resulting in overexposure of personnel or danger of environmental contamination by chemicals.
All Laboratory Personnel
Be aware of his or her individual safety responsibilities.
- Participate in required training activities.
- Know and comply with safety guidelines, regulations, and procedures required for the task assigned.
- Plan and execute laboratory operations in a manner that does not constitute a hazard to themselves or their co-workers.
- Understand the selection, use and limitations of personal protective equipment (PPE). When a procedure requires the use of PPE, use it properly.
- Look out for the safety of others in the laboratory, including visitors.
- Report unsafe conditions to the principal investigator, immediate supervisor, or DEHS.
- Know and follow emergency procedures, including the location and proper use of emergency equipment.
- Report to the principal investigator or immediate supervisor and DEHS all facts pertaining to every accident or near-miss that results, or may result in, any human injury, exposure or the uncontained spill or release of chemicals, keeping in mind that the primary purpose of accident investigation is accident prevention, not the assignment of blame or culpability.
Department of Environmental Health And Safety
- Assist the principal investigator in the selection of laboratory practices, engineering controls, and personal protective equipment;
- Provide technical guidance to personnel at all levels of responsibility on matters pertaining to laboratory safety;
- Review the laboratory safety web page as needed for updates and revisions, ensuring at least annual review of the model chemical hygiene plan;
- Provide basic laboratory safety/chemical hygiene training for University personnel;
- Perform periodic inspection of laboratories to assess compliance with laboratory safety policies and procedures;
- Work with University architects (Planning, Design, and Construction) and Physical Plant personnel in evaluating design parameters for laboratory facilities;
- Provide for the periodic testing of laboratory chemical hoods;
- Investigate all reported accidents that result in the injury or exposure of personnel or chemical release and recommending corrective action to reduce the potential for recurrence;
- Supervise decontamination operations where accidents have resulted in significant contamination of laboratory areas;
- Provide services for the routine disposal of hazardous substances;
- Recommend to the administration the means to meet government compliance with respect to hazardous materials; and
- Provide health and safety review of grant proposals involving the use of hazardous chemicals when required by University Committees or outside granting agencies.
Official University Administrative Policy
Policy Name:
Hazard Assessment and Personal Protective Equipment Requirements for General Laboratory Operations
Effective Date:
August 22 2013
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
Hazard assessment and personal protective equipment requirements for General Laboratory Operations:
Hazard
Personal Protective Equipment Required
Eye
Face
Hand/Skin/Body
Any laboratory use of chemicals
Safety glasses at all times
Lab coat, long pants, and closed-toed shoes.
Use of corrosive chemicals, strong oxidizing agents, carcinogens, mutagens, etc.
Chemical splash goggles
Full face shield and goggles (for work with over 4 liters of corrosive liquids)
Chemical resistant gloves. Visit the following websites for glove manufacturer information on chemical resistance of glove materials:
Impervious lab coat, coveralls, apron, protective suit (for work with over 5 gallons corrosive liquids)
Temperature extremes
Insulated gloves for handling ovens, furnaces, cryogenic bath and other devices over 100o C or below -1o C
Sharp objects (broken glass, insertion of tubes or rods into stoppers)
Heavy cloth barrier or leather gloves
NOTE: If other hazards are present, contact the DEHS Laboratory Safety Coordinator at 502-852-2830 to conduct a more specific Personal Protective Equipment Hazard Assessment.
Related Information:
http://louisville.edu/dehs/chemical-safety/chemical-safety-files/laboratory-safety-manual
policy
Laboratory Safety
Official University Administrative Policy
Policy Name:
Laboratory Safety
Effective Date:
1989
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students and visitors
Policy Statement:
The University of Louisville recognizes and accepts its responsibility to provide its personnel, students, and visitors with a safe and healthful environment in which to perform their daily activities.
Each person in a supervisory or management capacity is responsible for the provision and maintenance of safe working conditions in his or her respective area, and for ensuring that all authorized and applicable safety precautions and guidelines are followed. It is of prime importance that all supervisory personnel understand and accept this responsibility for the safety of all people under their direction, as well as those not under their direction that may enter their laboratories.
Everyone who is employed by, a student of, or a visitor to the university must assume and, by their action, demonstrate primary responsibility for his or her own safety.
Each employee and student is personally responsible for complying with applicable safety precautions and guidelines. Also, each employee and student is responsible for using any safety equipment that is provided or required.
Policy Reasoning:
It is the intent of this policy to prevent accidents, injuries and occupational exposures or disease in the laboratory, to help each member of the UofL community to maintain a safe and healthy laboratory, and to help ensure compliance with government health and safety regulations applicable to laboratories.
Responsibilities:
Safety is not the exclusive responsibility of any one individual, department or office. Recognizing this, the University of Louisville has created the Department of Environmental Health and Safety to help the faculty, staff, and students in meeting their responsibilities.
Official University Administrative Policy
Policy Name:
Recruitment and Selection
Effective Date:
May 1 1992
Policy Number:
PER 2 01
Policy Applicability:
This policy applies to University Administrators and Staff
Policy Statement:
The University of Louisville (UofL) is an Equal Opportunity Employer and will pursue and engage in an active recruitment and selection process to fill open positions. All appointees must meet the minimum training, experience, education, and skill requirements, or their equivalency, as established for the position, unless a waiver is granted as specified in PER 2.04 Employment Applications policy. Hiring managers and search committee members must complete the university's applicable online training (see Related Information and Responsibilities sections below) prior to the beginning of the search. Training Certifications of Completion expire one year from the date of completion.
Appointments shall be made in accordance with Redbook Articles 2.2.2 Appointment of Executive Vice President and University Provost and Vice Presidents and 5.2 Appointment of Staff Personnel.
Information related to the recruitment and selection process must remain confidential, and only shared with appropriate individuals who have a need to know. Documents must be retained at the department level for three years after the date of appointment and then destroyed.
Related Information:
If a search committee is utilized they should understand their role in determining the best candidate for the position they are filling, have a detailed position description with preferred and minimum qualifications, and be apprised of any departmental needs.
Hiring managers should contact Human Resources to seek advice and approval to conduct a waiver of search or to obtain general guidance and strategies for equal opportunity in the search process.
See PER-2.04, Employment Applications relative to applicant selection requirements.
See Redbook, Article 2.2.2 Appointment of Executive Vice President and University Provost and Vice Presidents.
See Redbook, Article 2.5.4 Equal Opportunity Policy.
See Redbook, Article 5.2 Appointment of Staff Personnel.
See Records Management Policy.
See Search Committee Training.
See Hiring without Search Committee Training.
Policy Reasoning:
To ensure the availability of qualified applicants to meet employment needs and to ensure recruitment and selection processes are guided by a commitment to equal employment opportunity.
Definitions:
http://louisville.edu/hr/policies/definitions
Redbook Article 2.3.1 Definitions and Classifications of Administrators
Responsibilities:
The HIRING MANAGER is responsible for:
- Ensuring search committee members complete the search committee training prior to evaluating candidates or completing the hiring without search committee training if a search committee is not utilized;
- Ensuring only candidates who meet the minimum requirements are considered for the position and a minimum of three candidates are interviewed, unless there are less than three qualified candidates; and
- Gathering and maintaining ALL documents related to the recruitment and selection process, including search committee notes, evaluations, and recommendations in accordance with university records retention and management policies and procedures.
Official University Administrative Policy
Policy Name:
Magnetic Resonance Imaging and Nuclear Magnetic Resonance Safety
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
Personnel must follow Magnetic Resonance Imaging (MRI) and Nuclear Magnetic Resonance (NMR) safety and operational procedures.
METAL DETECTOR
There are metal detectors installed at the entrances to all of the MRI procedure rooms to detect any items that may have been missed during medical and personal screening. Employees must ensure they are cleared for access and have screened themselves for any ferromagnetic objects prior to entering the MRI suite. The metal detectors are not to be used in place of medical and personal screening. Employees must not use metal detectors in lieu of personal screening. Anytime a metal detector alarms, the employee must stop immediately and check their body for ferrous metal objects and remove them before proceeding to the MRI room. Metal detectors must be operational at all times. Metal detectors must not be shut off at the end of the work day. Staff responsible for the supervision of the MRI equipment must ensure this equipment is operational and functioning properly.
SIGNAGE
MRI and NMR facilities are required to have signage that identifies the hazards associated with the MRI equipment and ferrous metal objects. The signs shall be posted on the doors to the rooms with the MRI/NMR units. The signs are informational and warn of strong magnetic field prohibiting anyone with a pacemaker, metallic implants, from entering the MRI/NMR rooms.
Equipment may be labeled that is considered safe for use inside the MRI/NMR rooms.
ZONE SIGNS: MRI areas may be posted with Zone I, II, III, or IV signs:
- ZONE I: open to general public access; presents the least exposure to anyone in this area. This is generally the reception and waiting area for the MRI suite.
- ZONE II: this is the first interaction site for the persons with the technologist and nursing staff in the MRI suite. The purpose of this zone is to restrict further public access to the suite and provide direct supervision of patients and visitors by the MRI staff.
- ZONE III: this is the entry zone to the MRI machine room. At this point the entrance into the MRI room is restricted physically and by protocol.
- ZONE IV: this is the room where the MRI unit is locked.
CAUTION IN HANDLING OBJECTS NEAR MAGNETIC FIELD
- Iron or other magnetic objects must not be brought into the neighborhood of the magnet. Such objects will be attracted by the magnet and may injure the patient or employees.
- Information on magnetic carriers, such as floppy disks, disks, tapes and magnetic strips on credit cards will be erased by the magnetic field. Keep enough distances: maximum 5mT (=50 gauss) magnetic field strength is permitted. Magnetic shielding will reduce the distance.
- Do not allow nonferrous metallic objects to be brought into the magnetic field area, including jewelry, hairpins, buttons, prosthetics, etc. These nonferrous metallic objects may disturb the RF signal and may cause image artifacts.
- MRI safe patient care accessories, i.e., wheelchair, stretcher, O2 tanks, are available and must be used when entering the scan room.
PRECAUTIONS FOR EMERGENCY EQUIPMENT
- Safe and effective use of electronic or other metallic emergency equipment may be impossible near the magnet.
- Precautions should be taken and an appropriate plan should be established for use of emergency equipment outside the magnetic influence of the MR device if needed, especially for the following patients:
- Those with an above average high potential for cardiac arrest.
- Those likely to develop seizures or claustrophobic reactions.
- Heavily sedated, confused or unconscious patients.
- Those with whom no reliable communication can be maintained.
- Those with an above average high potential for cardiac arrest.
- Those likely to develop seizures or claustrophobic reactions.
- Heavily sedated, confused or unconscious patients.
- Those with whom no reliable communication can be maintained.
ELECTRICAL SAFETY
- Use the MR imaging system only in a location that complies with all relevant legislation and recommendations concerning electrical safety in rooms used for medical purposes, e.g., U.S. National Code, VDE or IEC Standards concerning provisions for an additional protective earth (ground) terminal used for equipotential connection.
- The MR imaging system may be operated on a continual 24-hour basis without adversely affecting its safety or performance.
- Allow only authorized service personnel to replace or repair any component in the system. Special nonferrous tools may be required in certain areas.
- Keep all covers and doors closed except for the door of the main cabinet, and allow only authorized service personnel to open them.
- Do not use equipment in the presence of flammable gases or vapors.
- Keep water and other liquids out of the equipment, as they may cause short circuits or corrosion.
- Remember that some disinfectants vaporize, forming potentially explosive mixtures. If such disinfectants are used, the vapor must be allowed to disperse before the equipment is returned to use.
- The hardware and software prevent operation above specified levels, as outlined by the manufacturer.
MAGNET SAFETY
MR imaging systems are provided with a magnet emergency stop button, which should be used only under the following conditions:
- Forces due to the magnetic field are causing patient or personnel injury, requiring an immediate shutdown of the magnetic field.
- A fire or other unexpected occurrence demands immediate action and entry to the examination room by emergency personnel.
- Any other situation requires an immediate relief from the magnetic field effect as an alternative to the normal, controlled "ramp-down" of the magnetic field.
CRYOGEN SAFETY
- The superconducting magnet used with the magnetic resonance imaging system requires cryogenic gases for cooling. The principle of the superconducting magnet is to create an environment that does not require a continuous electrical energy source. The windings in the core of the superconducting magnet must be cooled to less than 9.5 K or -440 degrees Fahrenheit. This is accomplished by surrounding the windings with a dewar, a sophisticated thermos bottle, and filling it with liquid helium, which has a boiling point of 4.2 K. Liquid nitrogen has a boiling point of 77 K and is also used to cool the magnet.
- Cryogens require replenishment because of boil-off. This operation must be performed only by fully trained personnel following proper safety procedures. Safety glasses and heavy gloves are required. Refer to the safety documentation from the systems vendor.
- A quench of a magnet refers to the rapid loss of magnetic field. This can happen if the temperature of the magnet windings rises above 9.5 K and the windings become electrically resistive. The magnet windings heat up and can cause vaporization of 100 to 150 L of helium and nitrogen in less than one minute. These gases must vent directly to the outside.
SAFETY SCREENING FOR MRI
MRI staff will screen patients, employees and other visitors for potential injury or risk from exposure to the magnetic field prior to entry to the MRI area.
- Technologist or Tech Assistant will screen using a MRI Screening Sheet form using oral inquiry/observation. This form will be maintained as part of the patient's permanent medical record.
- No one with a pacemaker or other implanted device is allowed to enter restricted magnetic field area. Warning signs and the establishment of a controlled area are posted where magnetic field exceeds 5 gauss 3. No metal (ferrous or magnetism sensitive) objects are permitted to be in or on a person when entering the restricted magnetic field.
- Approval of technologist, radiological engineer, radiologist, or radiology nurse must be met before patient, personnel or visitor is to enter scan room.
- Patients are screened for pregnancy prior to being scanned.
ENVIRONMENTAL SERVICES
The magnetic resonance area should be closed according to normal research area procedures, except for the magnet room itself.
- No person shall enter the room without permission of the technologist.
- The technologist will question each person as to the presence of a cardiac pacemaker, cerebral aneurysm clips or other surgically implanted metal devices.
- The person shall be asked to remove jewelry, hairpins, and all loose objects in their pockets.
- The cleaning person should be made fully aware of the danger of taking any metal object into the room:
- That the magnet is on at all times.
- The dangers involved to themselves and the equipment if these safety guidelines are ignored.
- The expense of the repairs.
- Only an all-plastic vacuuming unit can be taken into the room.
- The cleaning of the magnet is the responsibility of the technologists.
- That the magnet is on at all times.
- The dangers involved to themselves and the equipment if these safety guidelines are ignored.
- The expense of the repairs.
PRECAUTIONS TO BE ENFORCED BY POLICE OR SECURITY PERSONNEL
- Police and security personnel are to admit only designated service personnel and designated hospital employees to the MRI scan room(s) unless prearranged by medical imaging management.
- In the case of fire or other threat to safety, the power supply should be turned off and the magnetic field removed before anyone enters the scan room(s).
- Police and security personnel must remove firearms before entering the scan room(s).
Related Information:
NMR and MRI equipment produces a strong magnetic field that will pull ferromagnetic objects to the machine with great force. Additionally, the units use cryogens (helium and nitrogen) for the use of superconduction and cooling of the magnet and other internal components.
Links to additional information:
MRI Fire and Cryogen Safety (PDF)
Radiation Safety Manual for Research Use (PDF)
Policy Reasoning:
The University of Louisville houses MRI and NMR units for research purposes. Risks from the units come from the strong magnetic field and release of the cryogens into the room. Due to these risks, personnel must follow safety and operational procedures to protect the safety and health of any persons that enter the rooms that house the MRI and NMR units.
Definitions:
Ferromagnetic Object - Ferrous is from the Latin term meaning iron. Ferrous materials are magnetic; objects vary in their magnetic attraction due to the amount of iron in the alloy. Some examples of ferrous metals are steel, stainless steel (some), and all types of iron. The NMR and MRI units are large magnets, so ferromagnetic objects can be highly dangerous as they get close to the magnets.
Magnetic Resonance Imaging (MRI) - uses the NMR principle to produce images of the inside of the body.
Nuclear Magnetic Resonance (NMR) - is a physical phenomenon in which magnetic nuclei in a magnetic field absorb and re-emit electromagnetic radiation.
Restricted Magnetic Field Area - this area includes the magnet room, control room and computer room for the MRI unit. For the NMR unit, this includes the room with the NMR unit.
Responsibilities:
MRI technologist shall control access to the area around the magnet with magnetic fields in excess of established safety guidelines (e.g., 5 gauss for a 0.5 millitesia unit).
Laboratory technologist or the principal investigator shall control access to the area with the NMR unit.
policy
Radiation Safety
Official University Administrative Policy
Policy Name:
Radiation Safety
Effective Date:
January 1 1999
Policy Number:
DEHS RSO 1 academic
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students
Policy Statement:
Researchers must follow the procedures listed in the Radiation Safety Manual to ensure the safety and compliance of their laboratory practices. The university must abide by all state and national regulatory requirements to utilize radioactive material as listed in the Radiation Safety Manual; any violations of these procedures may result in the fines or the revocation of the use of radioactive materials in the research setting.
Related Information:
Policy Reasoning:
This policy has been established to ensure the safety and regulatory compliance when using radioactive material in the research setting. The university has a radioactive material license allowing for the use of radioactive materials as needed in the research and clinical areas. The radioactive material license was approved by the State of Kentucky Radiation Control Branch.
Radioactive material use must be conducted strictly as required by the Kentucky State Radiation Health Branch written regulations; these regulations apply to all possession, use, and disposal of any radioactive materials and radiation producing machines. Failure to follow these regulations could result in fines or loss of the radioactive material license.
Responsibilities:
The Radiation Safety Office within the Department of Environmental Health and Safety is responsible for implementing and reviewing all use of radioactive material in the university setting.
Official University Administrative Policy
Policy Name:
Annex for an Urban Flash Flood Warning
Effective Date:
June 4 2014
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students and visitors
Policy Statement:
Introduction and Assumptions:
A Flash Flood Warning is issued for flooding that normally occurs within six hours of heavy or intense rainfall. This results in small creeks and streams quickly rising out of their banks. It also results in urban flooding when storm water exceeds the sewer system's capacity. Dangerous flooding in low-lying flood prone areas, especially streets, underpasses, and in areas near creeks and streams which develops very quickly and is a significant threat to life and/or property. Prior to a Flash Flood Warning, typically an Urban/Small Stream Flood Advisory is issued or a Flash Flood Watch.
Unlike our Severe Thunderstorms or Tornado warnings, flood warnings and watches are normally issued for extended periods of time. These warnings are normally issued for two to four hours, or longer. Even though rainfall may have subsided, flooding may persist for some time. The longer warning time allows for rainwaters to recede while keeping the public aware that flooding is still occurring and there is still a threat to life and/or property in the warned area.
Every situation is different. While this annex provides basic information and guidelines, the actual information and actions taken during an event may vary from those included in this document. University leadership should use this information as a basis for decisions that may be required to be made during a Flash Flood Warning.
Units with Assigned Responsibilities:
Emergency Manager
Building Emergency Coordinators
Communications and Marketing
Environmental Health and Safety
Physical Plant
University Police
Purchasing
Parking
National Weather Service:
The National Weather Service (NWS) issues the flood watches and warning when they expect or are experiencing precipitation that may, or is exceeding, capacity of streams and sewers from carrying it to rivers. There are several types of watches and warnings that may be issued to warn the public:
Type
Description
URBAN/SMALL STREAM FLOOD ADVISORY
Alerts the public to flooding which is generally only an inconvenience (not life-threatening) to those living in the affected area. Issued when heavy rain will cause flooding of streets and low-lying places in urban areas. Also used if small rural or urban streams are expected to reach or exceed banks. Some damage to homes or roads could occur.
FLASH FLOOD WATCH
Indicates that flash flooding is a possibility in or close to the watch area. Those in the affected area are urged to be ready to take action if a flash flood warning is issued or flooding is observed. These watches are issued for flooding that is expected to occur within 6 hours after the heavy rains have ended.
FLASH FLOOD WARNING
A flood warning issued for life/property threatening flooding that will occur within 6 hours. It could be issued for rural or urban areas as well as for areas along the major rivers. Very heavy rain in a short period of time can lead to flash flooding, depending on local terrain, ground cover, degree of urbanization, amount of man-made changes to the natural river banks, and initial ground or river condition.
FLASH FLOOD
STATEMENT
Flood Statement is issued to give the public follow-up information on current urban/small stream flooding, or general widespread flooding. A Flash Flood Statement is issued to inform the public about current flash flood conditions.
All four types of watches and warnings are issued by the NEWS and are broadcast over the NOAA Weather Radios and distributed by Law Information Network of Kentucky (LINK) (to all police agencies including UofL Police) and local media.
Emergency Notification:
In order to communicate widely throughout the campus community, the UofL Alert system is typically used. Some Flash Flood warnings may pose no risk to any campus, while others may pose a significant risk. In the case of Flash Flooding, the judgment of Alert Administrators must initially be relied upon to determine if a UofL Alert is issued. It is ultimately the responsibility of high-level emergency management leadership (Police Chief, Assistant Police Chief, or the Emergency Manager) to make sure a UofL Alert is issued if conditions warrant.
University Police, the Office of Communications and Marketing, or the Department of Emergency Management will typically issue the emergency notification if conditions warrant. Typically, the emergency message should be:
"Flash Flood Warning, stay inside until further notice. If building is flooding move to higher floors. Do not walk through standing water."
NOTE: Closing the campus would be a separate communication.
Information Distribution:
After the initial notification has taken place, the campus community will still need additional information. This information is important and may require additional activations of the UofL Alert System.
If further announcements are required and the situation is not life threatening, the university will use UofL Today as its mechanism to communicate pertinent information. The Office of Communications and Marketing is responsible for issuing and updating information. Examples of emails directing the university community to information in UofL Today are listed below:
Initial Notification Email:
There is a Flash Flood Warning for Louisville, and both the HSC and Belknap Campus are experiencing flooding. Classes are cancelled for the day and evening. Please stay inside your building and do not move outside until notified that it is safe. If your building is being flooded, move to higher floors, and notify Public Safety at 502-852-6111.
Update Email:
The flooding around HSC and Belknap Campuses continues to pose a risk to people even though the rain has stopped. Please continue to remain in your building until the water level recedes and you are notified that it is safe to leave the building.
A story on the flood, including a list of buildings involved and safety tips, is on UofL Today, http://louisville.edu/uofltoday.
Expiration Email:
The Flash Flood Warning has expired and the water on HSC and Belknap Campuses has receded. You may leave your building but remember to avoid standing water and if crossing streets, avoid manholes with missing covers.
A story on the flood, including a list of buildings involved and safety tips, is on UofL Today, http://louisville.edu/uofltoday.
Building/Unit/Department Actions:
University Police
University Police would retain its primary responsibility to respond to campus emergencies. As conditions warrant, University Police would assist in blocking streets and roadways to prevent vehicles from entering areas that are flooded. This should only be attempted if not putting the Officer at risk.
Non-Sworn Security Officers may be used to man traffic control points in support of any traffic control plan to prevent vehicle from entering flooded areas and in transporting barricades and other traffic control equipment from storage to areas where traffic is being limited. This should only be attempted if not putting the Officer at risk.
University Parking
University Parking would support the traffic control operations by both transporting barricades and other traffic control equipment and manning traffic control points to prevent vehicles from entering the flood area. This should only be attempted if not putting the Officer at risk. During an emergency, Parking Officers assigned to traffic control points would report directly to the Police Commander.
Physical Plant
Physical Plant staff would respond to building emergencies only if able to do so safely. Physical Plant (PP) staff should not risk walking or driving through standing water. If already in a building prone to flooding, PP staff should take appropriate actions to prevent water from entering the building. This should only be attempted if not putting the staff member at risk.
PP staff would also replace any manhole covers that were dislodged during the flood. If manhole covers were found to be missing, they would notify MSD to get replacements.
Once the Warning has expired and water has receded to allow moving through campus safely, PP staff should assess buildings in the flood area and report damage to the appropriate work control center.
Department of Environmental Health and Safety
The Department of Environmental Health and Safety (DEHS) would not have any roles during the actual flood, but after the water has receded DEHS would have several tasks. DEHS would assist PP in determining the level of damage caused to buildings by the flood. Any damage involving building materials suspected to be asbestos would be evaluated by DEHS. Additionally, DEHS would assess the condition of the Chemistry Department Stockroom. This area is prone to flooding and does pose unique risks that require DEHS assistance in the efforts to return to normal. The same holds true for any laboratory space or other area that is damaged if it involves chemicals, radioactive materials, or biological agents.
Purchasing
Purchasing would not have any roles during the actual flood, but after the water receded, they would support all operations by focusing on logistical issues. Purchasing would procure emergency supplies and equipment during the aftermath of the flood. Purchasing would also assist in the procurement of services required to return the university to normal.
Official University Administrative Policy
Policy Name:
Equipment Lab Safety Manual
Policy Applicability:
This policy applies to the University Community administrators faculty staff and students and visitors
Policy Statement:
Working in a laboratory requires the use of various types of equipment. Be familiar with the equipment before using it. Know:
- How it operates.
- Its safeguards.
- Its maintenance.
Checking the Equipment
Before beginning any experiment, be sure that each piece of equipment required is in proper working order.
If equipment does not operate properly or is in need of repair, immediately take it out of service so that it will not be used by other persons. Tag the equipment to indicate the deficiency and notify the PI or laboratory supervisor.
Checklist
Determine that all equipment:
- Has adequate controls and safeguards.
- Is installed in a safe location with adequate ventilation, if required.
- Is being used only for its designated purpose. When special adaptation is required, it should be done only with the assistance and direction of Biomedical Engineering or Physical Plant.
- Is not used in flammable or combustible atmospheres. Most pieces of laboratory equipment can be a potential source of ignition.
Introduction
Accidents involving glassware are a leading cause of laboratory injuries. These can be avoided by following a few simple procedures. In general, be certain that you have received proper instruction before using glass equipment designed for specialized tasks that involve unusual risks or potential injury. Listed below are some safety rules.
Safe Practices
Always:
- Handle and store glassware carefully so as not to damage it or yourself.
- Properly discard or repair damaged items.
- When inserting glass tubing into rubber stoppers or corks and when placing rubber tubing on glass hose connections:
- Use adequate hand protection.
- Lubricate tubing or stopper with water or glycerol and be sure that the ends of the glass tubing are fire-polished.
- Hold hands close together to limit movement of glass should fracture occur.
- Substitute plastic or metal connections for glass ones whenever possible to decrease the risk of injury.
- For vacuum work, use only glassware designed for that purpose.
- When dealing with broken glass:
- Wear hand protection when picking up the pieces.
- Use a broom to sweep small pieces into a dustpan.
- Package it in a rigid container (i.e. corrugated cardboard box) labeled "Broken Glass" and seal to protect housekeeping personnel from injury. Never attempt glass-blowing operations without proper facilities.
- Use adequate hand protection.
- Lubricate tubing or stopper with water or glycerol and be sure that the ends of the glass tubing are fire-polished.
- Hold hands close together to limit movement of glass should fracture occur.
- Wear hand protection when picking up the pieces.
- Use a broom to sweep small pieces into a dustpan.
- Package it in a rigid container (i.e. corrugated cardboard box) labeled "Broken Glass" and seal to protect housekeeping personnel from injury. Never attempt glass-blowing operations without proper facilities.
Use
Laboratory refrigerators are appropriate equipment for the storage of materials that must be kept cold to preserve their function. These include:
- Biological specimens and preparations.
- Chemicals which are heat sensitive.
- Drugs.
Misuse
Unacceptable uses for laboratory refrigerators include:
- Routine storage of chemicals.
- Mixed storage of substances used for living systems with toxic and/or hazardous chemicals.
- Food storage, which is NEVER ACCEPTABLE in laboratory refrigerators. Lunches requiring refrigeration may only be stored in other refrigerators that are identified as acceptable for the storage of food and beverages. Such refrigerators must be located outside the laboratory.
Flammable Material
Flammable chemicals cannot be stored in conventional refrigerators. Electrical sparks from a conventional refrigerator can ignite the flammable vapors that build up inside. Unless a cold room is ventilated and has a fire suppression sprinkler system, do not store flammable liquids there. Two kinds of refrigerators are approved for storage of flammables:
- Flammable Materials Refrigerator: These have no spark sources within the refrigerator cabinet. There are, however, spark sources outside the refrigerator cabinet from switches, motors, relays, etc. These spark sources can ignite flammable vapors present outside of the refrigerator. A bottle of flammable liquid dropped and broken near one of these refrigerators can easily be ignited by sparks.
- Explosion-proof Refrigerators: These refrigerators have all spark sources completely sealed inside and are safe for flammable atmosphere both within and outside of the refrigerator cabinet.
Conventional refrigerators in laboratories and cold rooms that are not safe for flammable storage must be labeled "NO STORAGE OF FLAMMABLES".
Containers and Labeling
All materials stored in laboratory refrigerators must be in closed containers and labeled with the specific contents. If a refrigerator is used by multiple researchers, the individual refrigerator shelves should denote the name of the researcher or the individual materials should be labeled with the name of the responsible person. Seals should be vapor-tight and spill-proof in case the container is tipped over. Glass stoppers, aluminum foil caps and similar closures are not acceptable.
Laboratory refrigerators should be:
- Placed against fire-resistant walls.
- Equipped with heavy-duty electrical cords (explosion-proof refrigerators in Class 1, Division 1 locations require hard-wiring into the electrical system).
- Protected by a separate circuit breaker.
Defrosting a Freezer or Refrigerator
Occasionally it is necessary to defrost a laboratory freezer or refrigerator. One should exercise caution to prevent injury and/or contamination from items in the freezer or refrigerator during this process. If the unit is used to store biological, radioactive or hazardous materials, make sure that the inside of the unit is decontaminated before defrosting. After decontamination, placard the unit with a sign indicating that the unit was cleaned/disinfected by (name) on (date). This will show anyone who may need to use the freezer/refrigerator or make repairs to it that it is safe to use or repair.
Heating Devices
USE
Electrical devices that supply heat for reactions or separations are commonly used in laboratories. The use of Bunsen burners and other open flames is highly discouraged. If they are absolutely necessary, they must never be left on and unattended.
TYPES
Electrically heated devices include:
- Hotplates
- Heating mantles
- Oil baths
- Air baths
- Hot-tube furnaces
- Hot-air guns
- Ovens
HAZARDS
If used improperly, these devices can cause:
- Electrical hazards
- Fire hazards
- Burns to the user
Baths
If baths are required to be hot at the start of each day, they should be equipped with timers to turn them on and off at suitable hours.
Never use flammable or combustible solvents in a heated bath unless housed in a chemical hood.
Safe Practices
Before using any heating device:
- Check to see if the unit has an automatic shutoff in case of overheating.
- Note the condition of electrical cords and have them replaced as required.
- Make sure it has been maintained as required by the manufacturer.
- Before leaving an area for any extended period of time, check to see that all heating units in use without automatic shut-off have been turned off.
Open Flames in Biosafety Cabinets
Bunsen burners, alcohols burners, or other open flames may not be used inside biosafety cabinets. When deemed absolutely necessary, touch-plate microburners equipped with a pilot light to provide a flame on demand may be used. Internal cabinet air disturbance and heat buildup will be minimized. The burner must be turned off when work is completed. Small electric 'furnaces' are available for decontaminating bacteriological loops and needles and are preferable to open flame inside the BSC. Disposable loops can also be used.
Safe Practices
Ultraviolet, visible, and near-infrared radiation from lamps and lasers in the laboratory can produce a number of hazards. Powerful arc lamps can cause eye damage and blindness within seconds. Some compounds, chlorine dioxide, for example, are explosively photosensitive.
Ultraviolet Lights in Biosafety Cabinets
UofL no longer supports use of UV germicidal lights in general use BSCs since they offer little to no value to product sterility, have resulted in hazardous exposures and result in expensive waste disposal (UV bulbs constitute hazardous waste and cannot be disposed of in regular trash).
More specifically, UV decontamination of BSCs has not been recommended for use since 1994. Refer to the Australian Standard AS 26471994. Installation of UV lamps in BSCs is not recommended because:
- Personnel exposed to UV radiation may suffer eye damage and erythema.
- The radiation is not penetrating and is ineffective on dry organisms.
- Organism killing is dependent upon the stage of the growth cycle-organisms must be dividing.
- Organism killing is dependent upon the relative permeability of the UV light; spores that have a thick, modified cell wall are not as permeable.
- Radiation intensity decreases over time due to degradation and surface staining of the lamps.
- UV radiation caused degradation of certain materials that may be used in cabinet construction such as the plastic.
- The maximum life of the average UV lamp is six months due to solarization.
- UV lights cannot use fluorescent glass, because it does not go through the glass. UV lights must be industrial quartz and a flux of 25 microwatts per square centimeter is required for any biocidal effec. A UV flux meter must be used to determine the radiation level is reached and maintained.
Hand-held Ultraviolet Lamps
Hand-held UV lamps require the user to wear long sleeves and gloves to prevent skin exposure and appropriate eye protection to prevent eye exposure. These lamps are designed to be used for a limited, short time period. One must ensure that the units are turned off after each use.
General Safety Rules
The following general precautions should be observed when using vacuum systems.
- Every laboratory vacuum pump must have a belt guard in place when it is in operation.
- The power cord and switch, if any, must be free of observable defects.
- Use a trap on the suction line to prevent liquids from being drawn into the pump.
- If vapors are being drawn through the pump, a cold trap should be inserted in the suction line to prevent contamination of the pump oil.
- Place a pan under the pump to catch any oil drips.
- Vacuum lines leading from an experimental procedure must always be equipped with traps to prevent contamination of vacuum equipment or house lines. The output of each pump should be vented to a properly functioning fume hood. Do not discharge into an enclosed space, such as a cabinet, as this may cause an explosion.
Particulates:
Determine size range being generated and choose capable filtration.
Aqueous non-volatile:
In most cases a filter flask at room temperature will prevent liquids from contaminating vacuum source.
Solvents or other volatile liquids:
A cold trap that is large enough and cold enough to condense vapors plus a filter flask large enough to hold all possible liquids that could be aspirated. Avoid using liquid nitrogen if at all possible. Liquid nitrogen should only be used in sealed or evacuated equipment and with extreme caution. Liquid oxygen can form if proper procedures are not followed. For most applications a slurry of dry ice and isopropanol or ethanol can be used.
Corrosive, highly reactive, or toxic gases:
HEPA filters or a high efficiency scrubber system should be used to trap the contaminant.
Glassware
Glassware used for vacuum distillations or other uses at reduced pressure must be properly chosen for its ability to withstand the external pressure of the atmosphere.
- Only round-bottom vessels may be subjected to vacuum unless specially designed, such as Erlenmeyer-type filtration flasks.
- Each vessel must be carefully inspected for defects such as scratches or cracks prior to use.
Implosion
Implosion occurs when atmospheric pressure propels pieces inward creating small fragments that are then propelled outward with considerable force.
Because all vacuum equipment is subject to failure by implosion, vacuum operations must be enclosed by blast shielding or conducted in a chemical hood with lowered sash and blast shielding.
Dewar Flasks
Dewar vessels have a vacuum between the walls and some types can be dangerous when they fail.
- Glass types can propel glass into the eyes and should be wrapped from top to bottom with cloth tape such as electrician's friction tape. (Mylar tape can be used if transparency is needed.)
- Large Dewars encased in metal and stainless steel vacuum containers do not require wrapping.
Glass desiccators are often subjected to partial vacuum due to cooling of the contents. They have inherent strains due to glass thickness and the relatively flat surface of the top and bottom. It is strongly recommended that you either:
- Obtain the available desiccator guard made of perforated metal; or
- Use a molded plastic desiccator, which is spherical and has high tensile strength.
Proper Instruction
Do not attempt to operate a centrifuge until you have received instruction in its specific operation.
- Read the operation manual.
- Ask an experienced colleague to demonstrate procedures. Ask questions about hazards and emergency action.
Responsibility
When operating a centrifuge, you are responsible for the condition of the machine and rotors both during and at the end of your procedure. This means:
- Proper loading.
- Controlling speed to safe levels.
- Safe stopping.
- Removal of materials.
- Cleanup.
Ultra Centrifuges
Ultra centrifuge rotors require special, cleaning procedures to prevent scratching of surfaces, which can lead to stress points and possible rotor failure during a run.
Potential Problems to Watch for:
An unbalanced load can cause damage to seals or other parts. Keep the lid closed during operations. Shut down and stop the rotor if you observe anything abnormal, such as noise or vibration. To avoid broken tubes examine tubes for signs of stress when loading the rotor and discard tubes that look suspicious.
Selection Criteria
In selecting a centrifuge, carefully consider location, type, and use. Other considerations include:
- Balance capability each time centrifuge is used.
- Adequate shielding against accidental "flyaways".
- Suction cups or heel brakes to prevent "walking".
- Accessibility of parts, particularly for rotor removal.
- Lid equipped with disconnect switch which shuts off rotor if the lid is opened.
- Safeguard for handling flammables and pathogens. This may include positive exhaust ventilation or a safe location.
- Positive locking of head.
- Electrical grounding.
- Locations where vibration will not cause bottles or equipment to fall off shelves.
- Knowledge of chamber entry during a power failure.
Proper Instruction
Do not attempt to operate an autoclave until you have received instruction in its specific operation.
- Read the operation manual.
- Ask an experienced colleague to demonstrate procedures. Ask questions about hazards and emergency action.
Preparing and Loading
- Inspect drain strainer daily - clean when blocked.
- Fill liquid containers no more than 50-75% full.
- Loosen caps or use vented closures on bottles. (NEVER tighten caps on non-vented bottles)
- Leave space between items to allow steam to circulate.
- NEVER use plastic bags, which are impervious to steam, unless the top of the bag is loosened to allow steam penetration.
- Autoclave reusable syringes and needles in a pan of disinfectant.
- Do NOT autoclave cellulose nitrate media due to decomposition hazard.
- Place the load in secondary containment. Special plastic bins (polypropylene) or stainless steel bins can be purchased for this purpose. Secondary containment will serve to contain the broken vessels or ruptured bags that sometimes result from routine autoclaving.
- Where a load to be decontaminated is comprised of largely dry materials in an autoclave bag, the addition of water to the bag may facilitate steam penetration, although it is important that caution be used so as not to create aerosols of infectious microorganisms.
Removing the Load
- Check that chamber pressure is zero prior to removing the load.
- Allow load to cool before opening the chamber. If the chamber must be opened before it has cooled, wear a lab coat, face protection (such as a face shield), heat-insulating gloves, and closed toe shoes to avoid steam exposures.
- Stand behind the door and open it slowly. BEWARE OF A RUSH OF STEAM.
- After slow exhaust cycle, open the door and allow liquids to cool before removing.
POTENTIAL HAZARDS
- Potential for generation of scalding jets of steam.
- Handling of superheated solids and liquids.
- Liquids can boil over if pressure is reduced too quickly or if removed too soon after cycle.
- Cellulose nitrate media, such as centrifuge tubes and nitrocellulose filters, can be highly reactive and can decompose explosively under the high heat and pressure conditions present in autoclaves.
policy
Donations
Official University Administrative Policy
Policy Name:
Donations
Effective Date:
October 1 2007
Policy Applicability:
This policy applies to all University employees administrators faculty and staff
Policy Statement:
Donations of cash made to charitable and non-profit organizations must be approved by a departmental Dean, Vice President, or Chair.
Donations must be consistent with the University's mission statement and shall be funded from discretionary programs.
Related Information:
Official University Administrative Policy
Policy Name:
New Vendor Requirements
Effective Date:
January 26 2009
Policy Applicability:
This policy applies to all University Employees administrators faculty and staff
Policy Statement:
Domestic Vendors
W-9 and Vendor Survey Forms are required for all new vendors. This does not include employee or active student reimbursements, and it also does not include refunds to individuals. All other reimbursements require new vendor paperwork. For refunds, please submit appropriate documentation showing the original deposit/payment (processed Bursar's Transmittal Sheet, deposit ticket with log, credit card log, patient account payment posting, University report showing individual payment, etc.).
For PO-related purchases, please submit the W-9 and vendor survey to the Controller's Office. The documents can be faxed to 852-8228 or sent via campus mail to the Controller's Office, Attn: Vendor Database Specialists. Please note on the paperwork that the vendor will be used for a PO-related purchase.
For non-PO related purchases, please attach the W-9 and vendor survey form to the Request for Disbursement. The vendor will be approved once all applicable paperwork has been received in the Controller's Office. Please do not send these documents separately (or multiple sets) to the Controller's Office.
Foreign Vendors
The W-8BEN form and Foreign Vendor Survey are required for all new foreign vendors.
(Please keep in mind that payment to foreign individuals for services performed in the US will continue to be paid via Payroll. Reimbursements to foreign individuals will continue to be paid via the Controller's Office and will follow the proceeding policy.)
These forms are required before any new foreign vendor can be approved. Should the foreign vendor notify you that one of the other W-8 forms (W-8ECI or W-8INY) is more applicable to their organizational structure, please obtain the applicable version. Please note that this requirement also pertains to wire payments.
Please contact the applicable Vendor Database Specialist with any questions.
policy
Staff Development
Official University Administrative Policy
Policy Name:
Staff Development
Effective Date:
May 1 1992
Policy Number:
PER 7 04
Policy Applicability:
This policy applies to University Staff
Policy Statement:
POLICY
Courses and workshops which enhance both career and personal development are available through a number of university departments. The Division of Distance and Continuing Education, all professional schools, and the Human Resources Department publish a listing of programs each semester and offer some reduction in fees for university employees.
HUMAN RESOURCES DEPARTMENT TRAINING
The Human Resources Department coordinates administrative procedures workshops periodically to assist faculty and staff in understanding and complying with federal, state, and university rules and regulations concerning purchasing, accounting, travel, employment, performance appraisal, etc. For additional information contact the Human Resources Department at 502-852-6258 or by Email to staffdev@louisville.edu.
Related Information:
Official University Administrative Policy
Policy Name:
University Contract Review and Approval and Signature Authority
Effective Date:
July 1 2024
Policy Applicability:
This policy applies to all University of Louisville administrators faculty and staff and any other party seeking to bind the University of Louisville University or UofL University of Louisville Research Foundation ULRF and or the University of Louisville Athletics Association ULAA or any other statutorily affiliated corporation of the University of Louisville through any Contract
Policy Statement:
Pursuant to the rights granted to it by the laws of the Commonwealth of Kentucky, the University of Louisville Board of Trustees has authorized the president of the University of Louisville to enter into Contracts and to authorize payments on behalf of the University. The board and the president, as applicable, have further delegated authority to certain other officers and employees of the University to enter into designated types of Contracts of the University, each as prescribed pursuant to written resolutions and/or delegations of authority. The University may not be obligated under any Contract except as pursuant to a valid authorization, approval, and signature.
All Contracts purporting to bind the University or one of its statutorily affiliated corporations must be in writing and must be in the name of the University of Louisville, ULRF, or ULAA, as appropriate. Contracts may not be in the name of an individual (i.e., administrator, faculty, or staff, unit, office, or departments). Except as otherwise determined by the Office of University Counsel (hereafter referred to as the "OUC") as described in this policy, all Contracts, regardless of the obligations thereunder or Contract amount, must be reviewed by the OUC for approval as to form and legal sufficiency prior to authorized signing. This policy shall apply to all Contracts in the name of the University of Louisville, ULRF, and ULAA or any other future statutorily affiliated corporation of the University of Louisville. This policy does not apply to those agreements that do not purport to bind the University (or its affiliated entities), or those agreements entered into in an individual capacity as further noted below.
Signature Authority
The authority to execute Contracts on behalf of the University of Louisville is governed by the terms of the Bylaws of the UofL Board of Trustees. A Contract entered into on behalf of the University or one of its statutorily affiliated corporations may only be signed by an individual who has been authorized directly by the board or by a proper written delegation of signature authority. A chart showing the valid delegations of signature authority is available at https://louisville.edu/counsel/contract-signature-authority (requires UofL Login). Please also refer to the approved board resolutions on UofL signature authority, ULRF signature authority, and ULAA signature authority. Any questions regarding delegations of signature authority should be directed to the OUC.
Anyone who is not authorized as described above and who signs a Contract that purports to bind the University or any of its units, or a statutorily affiliated entity, is acting without authority and may be held personally liable for the Contract and all costs incurred thereunder, to the extent permitted by law, and may be subject to University disciplinary action in accordance with University policy. For the avoidance of doubt, this includes but is not limited to any individuals agreeing to "click-through" agreements without obtaining the requisite review, approval, and signature as required by this Policy.
Retention and Monitoring of Executed Contracts
A. Following execution of a Contract, the Responsible University Office is the official record keeper of the Contract, unless stated otherwise by the OUC or the Office of the Provost or President. The Responsible University Office shall be the official custodian of the original Contract, and any Contract original shall be maintained in accordance with the University Records Retention Schedule and procedures, which can be found at https://library.louisville.edu/archives/records-management/retention.
B. The Responsible University Office shall provide a copy of all executed Contracts to the OUC and to the appropriate office that assisted in the review of the Contract if it was not reviewed solely by the OUC (Procurement, Sponsored Programs, etc. - see Policy Exceptions).
C. The Responsible University Office shall have the obligation to oversee the performance of the Contract and monitor the University's compliance with the terms of the Contract. The Responsible University Office shall also have the responsibility for tracking Contract requirements including, but not limited to, service/delivery deadlines for goods, payment dates, termination/renewal deadlines, and applicable reporting requirements.
Policy Implementation
In order to ensure a smooth and timely transition toward the more formal and robust Contract review process detailed herein, for six months following passage of this Policy (the "Implementation Phase") the Office of University Counsel will coordinate directly with the most affected offices, including but not limited to the Department of Procurement Services, the Office of Sponsored Programs Administration, UofL Innovation and Commercialization, and University Libraries, to develop procedures for the efficient and timely review of Contracts in each department. During the Implementation Phase, the Office of University Counsel, in coordination with affected University Offices, will create contract checklists and/or similar tools or guidelines to assist relevant University personnel in performing preliminary Contract review which may further streamline the Contract review process. Full implementation of the policy will be accomplished on or before January 1, 2025.
Policy Exceptions
Certain offices or departments of the University have established policies and procedures whereby Contracts administered pursuant to those policies and procedures will be reviewed by those departments in coordination with the OUC pursuant to review procedures developed during the Implementation Phase, as described above. For purposes of clarity, the departments listed below may manage and review Contracts in accordance with their respective policies and processes, but all such Contracts will be subject to final review and approval by the OUC prior to Contract execution. OUC may, in consultation with the President, make additional exceptions to the review process outlined in this Policy in order to maintain efficient and timely Contract review practices.
- Contracts involving procurement of goods or services shall be managed in accordance with the policies and processes established by the Department of Procurement Services and must comply with the requirements of Chapter 45A of the Kentucky Revised Statutes (the Model Procurement Code).
- Contracts related to all externally sponsored activities, including research, training/instruction, and service projects funded by governmental entities, private non-profit organizations and for-profit/industry sponsors shall be managed by the policies and processes established by the Office of Sponsored Programs Administration.
- Contracts related to intellectual property protection and licensing shall be managed by UofL Innovation and Commercialization, under the direction of the Office of the Executive Vice President for Research and Innovation.
- Contracts for library resources, materials, and services in all formats relating to the University's libraries shall be managed in accordance with the policies and processes established by the Dean of University Libraries.
Policy Compliance
A violation of this policy may result in sanctions; corrective measures, which measures may include, but shall not be limited to, Contract cancellation or other remedy necessary to rectify the unapproved Contract (including potential personal responsibility for the individual responsible); and appropriate disciplinary actions, up to and including termination, as determined pursuant to existing University policies.
Policy Reasoning:
The University of Louisville has an interest in ensuring that all Contracts entered into on behalf of the University or that otherwise bind the University by their terms have been appropriately reviewed, approved, and executed in accordance with the policies of the University (which shall include the respective policies of ULRF and ULAA, to the extent applicable), the Bylaws of the Board of Trustees, any actions of the Board of Trustees, the bylaws of the respective Boards of Directors of ULRF or ULAA, to the extent applicable, and applicable state and federal statutes and regulations. This policy is established to provide a clear process and associated procedure for the review, approval, and execution of Contracts.
Definitions:
"Contract" means any agreement or written understanding/designation of responsibilities/obligations or actions between two or more parties intending to create obligations of the University, which obligations may include, but are not limited to, the promise of payment, promise of action or inaction, provision of goods or services, use of resources or facilities, or the allocation of liability. A Contract may be many forms, including, but not limited to, a letter, memoranda of understanding, memoranda of agreement, lease, rental agreement, employment agreements (other than offer letters signed in the ordinary course of the hiring process), professional services agreement, affiliation agreements, student exchange agreements, purchase orders or vendor agreements containing terms and conditions, and online terms-of-use agreements ("click-wrap" or "click-through" agreements). The term "Contract" in this policy shall also include any renewal, amendment, addendum, or modification to an existing Contract. For purposes of this Policy, a Contract does not include any written agreement to which the University or its statutorily affiliated corporations is not a party, such as copyright agreements signed by faculty in their individual capacities.
"Responsible University Office" means the unit within the University or its statutorily affiliated corporations (which shall include any department, program, school, college, etc., as applicable) that initiates a Contract on behalf of the University or one of its statutorily affiliated corporations and that shall be primarily responsible for the satisfaction of the Contract. Such office will be responsible for ensuring compliance with the terms and conditions of the Contract including any financial obligations resulting from non-compliance.
Resources
A chart of current, valid signature delegations is available at: https://louisville.edu/counsel/contract-signature-authority (requires UofL Login). Contact the OUC for confirmation of up-to-date signature delegation authority.
Bylaws of the UofL Board of Trustees: https://louisville.edu/president/board-of-trustees/bylaws/
The UofL Board of Trustees' policies establishing which financial matters, including Contracts meeting certain criteria, must be submitted for review by the board can be found at: https://louisville.edu/president/boards/board-of-trustees/governance/board-policies/recRevisiontoFinancialTransactionsPolicy3172022_Redacted.pdf.
The board's resolution regarding UofL signature authority can be found at: https://louisville.edu/policies/policies-and-procedures/pdf/signature-authority.
The board's resolution regarding ULRF signature authority can be found at: https://louisville.edu/policies/policies-and-procedures/pdf/ulrf-signature-authority.
The board's resolution regarding ULAA signature authority can be found at: https://louisville.edu/president/boards/athletic-association/governance/RevisedULAAFinancialTransactionsPolicy10182019_Redacted.pdf.
The State University Records Retention Schedule can be found at: https://library.louisville.edu/archives/records-management/retention.
https://library.louisville.edu/archives/records-management
Responsibilities:
The Office of University Counsel shall have primary responsibility for the legal review of all Contracts binding the University and its statutorily affiliated entities. The OUC may submit Contracts to other University offices for review as to specific terms, as necessary.
The OUC is responsible for interpretation and implementation of this policy and for educating applicable parties about this policy and its procedures. Questions regarding this policy and its procedures can be sent to counsel@louisville.edu.
All University Responsible Offices seeking to enter into a Contract on behalf of the UofL, ULRF, and/or the ULAA (or any other statutorily affiliated corporation of UofL) are responsible for knowing and complying with this policy and its procedures.
policy
Orientation Training
Official University Administrative Policy
Policy Name:
Orientation Training
Effective Date:
May 1 1992
Policy Number:
PER 2 12
Policy Applicability:
This policy applies to University Employees Administrators Faculty Staff and Students
Policy Statement:
All new, regular employees, both full and part-time, are required to attend the orientation program for new employees.
Related Information:
Payroll processing, completion of the I-9 form, benefits enrollment, and parking information for permits are all covered in the orientation program.
For additional information, see New Employee Orientation.
Policy Reasoning:
The orientation program facilitates the new employee's adjustment to the university and to his or her job and clarifies the individual's role in the organization as a whole.
Definitions:
http://louisville.edu/hr/policies/definitions
Responsibilities:
The Human Resources Department and the individual's supervisor share the responsibility for providing orientation to a new employee.
Official University Administrative Policy
Policy Name:
Rest Periods Meal Periods
Effective Date:
May 1 1992
Policy Number:
PER 4 11
Policy Applicability:
This policy applies to University Staff
Policy Statement:
REST PERIODS
- Each department head shall permit one rest period during each work period of at least three and one-half hours.
- A rest period, if taken, shall be for not more than 15 minutes. It shall be at a time designated by the supervisor.
- An employee may not accumulate unused rest periods.
Note: Rest period times shall not be authorized for covering an employee's late arrival to work or early departure. They shall not be forfeited or used in any way to shorten the workday or extend a meal period, except where specifically authorized by the Vice President for Human Resources.
MEAL PERIOD
A meal period shall be permitted no later than five hours and no sooner than three hours from the beginning of the work shift. It shall be of at least 30 minutes.
NOTE: By mutual agreement between the supervisor and employee, meal periods may be occasionally shortened, lengthened or skipped.
Related Information:
Authority: KRS 337.355; US Dept of Labor 29 CFR 785.19
policy
Retirement
Official University Administrative Policy
Policy Name:
Retirement
Effective Date:
January 22 1998
Policy Number:
PER 6 03
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The University of Louisville does not have a mandatory retirement age for faculty, staff, or administrators. Retirement may occur when the regular status employee either:
- Has a minimum of seven years of regular service and who is at least 60 years of age; or
- Has a minimum of seven years of service in Eligible Faculty or Staff status and whose combination of age and years of regular service of not less than 80% full-time equivalent at the University is equal to or greater than 75.
For purposes of the preceding sentence, years of regular service mean calendar years or (in the case of faculty) academic years and employment on a basis of not less than 80% full-time equivalent during any part of a calendar year or (in the case of faculty) an academic year shall be counted as a full year of regular service.
policy
Sexual Harassment
Official University Administrative Policy
Policy Name:
Sexual Harassment
Effective Date:
September 27 1999
Policy Number:
PER 1 02
Policy Applicability:
This policy applies to University Administrators Faculty Staff and Students
Policy Statement:
Sexual harassment is a form of illegal sex discrimination and is barred by university policy.
Related Information:
Sexual Harassment Policies and Procedures
Definitions:
Sexual harassment is defined as follows:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or participation in a University-sponsored educational program or activity;
- Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or
- Such conduct has the purpose or effect of unreasonably interfering with an individual's employment or academic performance or creating an intimidating, hostile, or offensive working or educational environment.
policy
Parental Leave
Official University Administrative Policy
Policy Name:
Parental Leave
Effective Date:
November 1 1995
Policy Number:
PER 4 18
Policy Applicability:
This policy applies to University Administrators Faculty and Staff
Policy Statement:
The university will provide paid Parental Leave for university employees effective November 1, 1995. Eligible employees will receive six weeks of paid parental leave in connection with the birth or adoption of a child of the employee or of the qualifying adult. In accordance with the University's Family and Medical Leave Policy, leave for the birth or placement of a child must take place within 12 months after the event. Leave may begin prior to the birth or adoption. Eligible employees who work for the university during part of the year will not receive parental leave pay for any part of the leave that falls outside the appointment period. Parental leave pay will be at the same rate as the employee is then paid.
In the case of parents who both work at the university, the policy would apply to both parents provided each otherwise meets the "eligible employee" criteria. This policy does not apply to temporary employees, student positions, trainees or house staff.
Related Information:
Family and Medical Leave Policy PER 4.17
Definitions:
Regarding this policy, an eligible employee is any current university employee who is a regular full-time or regular part-time employee where part-time employee shall be construed as an individual whose appointment status is at least .40 FTE.
procedure
Battery Recycling at UofL
Official University Administrative Policy
Policy Name:
Battery Recycling at UofL
Policy Statement:
The University of Louisville has established the following procedure for used battery recycling:
Step 1: Select a single location within your department to place a small battery recycle container (max size 1 gallon or 5 lbs). Ideal location would be the same area you have central accumulation for paper recycling or other recyclable material.
Safety Note:Used batteries are often not completely dead. Grouping large amounts of used batteries together can bring these live batteries into contact with one another, creating a fire risk. Your battery collection container should be placed in a location where its "fullness" can be monitored. Do not overfill! Even if not full, have collection container emptied at the end of each semester.
Step 2: Select and mark your collection container. This can be a small cardboard box or plastic container. Be sure to mark on the outside of the container "Used Batteries for Recycling".
Step 3: Announce to your department/group via e-mail that your department /group has a battery recycling container and provide its location information.
Step 4: Place batteries (do not need to be sorted) into your recycling container.
Step 5: When recycling container is near full, or at the end of semester, submit a Battery & Lamp Pick-up request via online form at https://louisville.edu/dehs/waste-disposal/battery-lamp-pickup-form.
NO BUCKET? NO PROBLEM! Drop off battery locations include: Ekstrom Library, Kornhauser Library, REACH, and Radiation Safety. Many Departmental offices participate including: School of Education, School of Business, Speed School, Law School, DPS, HSC Administration, RRF, and Chemistry.
Related Information:
Types of Batteries Accepted: All types of rechargeable and non-rechargeable. Examples include- alkaline (AA, AAA, D-volt, C, D, etc), primary Lithium, Lithium Ion (Li-ion), Nickel Cadmium (Ni-Cad), Nickel-Metal Hydride (NI-MH), button-cell, and lead-acid (Pb). Maximum weight for any single battery placed within a battery bucket or box is 2.2 lbs/1 Kg.
Not acceptable (to put into local recycling container): Batteries >2.2 lbs/1 kg each, liquid-filled batteries (i.e. lead-acid), leaking, or ruptured batteries. For pick up of these types of batteries contact the DEHS Hazardous Waste Coordinator at 502-852-2956.
Additional questions about the used battery recycling program can be directed to Environmental Health & Safety at 502-852-6670.
Policy Reasoning:
Used batteries contain toxic material and if not managed properly can contaminate our environment and impact human health. Federal and state universal waste regulations require businesses to ensure used batteries are recycled and/or disposed promptly (within 1 year of tkane out of service) and properly (40 CFR Part 273).
procedure
Chemical Hygiene Plan
Official University Administrative Policy
Policy Name:
Chemical Hygiene Plan
Policy Statement:
These lab-specific procedures, when combined with the Chemical Safety Section of the Laboratory Safety Manual (PDF) comprise a comprehensive Chemical Hygiene Plan designed to protect lab personnel from the health hazards of chemicals used in the laboratory. The Chemical Hygiene Plan must be reviewed annually.
General Laboratory Safety Rules
Safety must be thought about, acted upon, and encouraged until it becomes a habit for all workers. Every laboratory worker shall observe the guidelines in the General Safety Section of the Lab Safety Manual (PDF).
Operations/Procedures Requiring Prior Approval
Prior approval of the Faculty/Principal Investigator is required for certain operations such as working alone after hours and for leaving experiments or equipment running unattended after hours. Other procedures requiring prior approval include:
Ordering and Storing Chemicals
The general procedure Ordering and Storing Chemicals in the Chemical Safety Section of the Lab Safety Manual (PDF) contains information concerning the ordering, use and storage of hazardous chemicals, and discusses labeling requirements for chemical containers. The general procedure Flammables and Combustibles in the Chemical Safety section of the Lab Safety Manual (PDF) provides guidance regarding storage of flammable and combustible liquids.
Chemical Inventory
The Faculty/Principal Investigator is responsible for ensuring maintenance of an accurate and current chemical inventory. Chemical Inventory Criteria discusses the type of chemicals required to be included in the chemical inventory. A chemical inventory template in Microsoft Excel is also provided. Other formats are acceptable as long as they contain the same information.
The first time you customize your Chemical Hygiene Plan and Chemical Inventory, send a copy to the DEHS Lab Safety Coordinator. Electronic submission is preferred, but a printed copy is also acceptable.
Safety Data Sheet (SDS)
Prior to using any chemicals, laboratory personnel will make sure they are aware of the health risks, chemical reactivity, and safe handling practices. The SDS can be a ready source of this information. SDSs accompany shipments of chemicals, or can be obtained from the manufacturer/supplier of the chemical. The DEHS web page has links to the web sites of several chemical vendors widely used at U of L.
An SDS for each hazardous chemical must be available in the lab or department. The SDS must be readily accessible to all lab personnel during working hours. SDSs may be maintained as hard copies in an organized fashion such as a binder, or may be accessed through a bookmarked Internet site. If the Internet is used, each person in the lab who uses chemicals must be registered, if required by the site, and trained to use the site to access and print an SDS. Describe the location of SDS access below:
Safe Operating Procedures for Highly Hazardous Chemicals
Lab-specific SOP's providing detailed information relevant to safety and health considerations are required when laboratory work involves the use of highly hazardous chemicals (refer to highly hazardous chemicals in the chemical safety section of the Lab Safety Manual (PDF)) as defined by OSHA. Consideration must be given to disposing of highly hazardous chemicals that are stored in the lab but are not in active use. The section Hazard Control for Highly Hazardous Chemicals in the Chemical Safety Section of the Lab Safety Manual (PDF) can assist the Faculty/Principal Investigator in developing the special procedures required to minimize the risks posed by these chemicals.
Individual lab units will need to develop their own lab-specific SOPs and training for highly hazardous chemicals unique to their research/activities. Some laboratories already have these SOPs in place, while others will have to develop them. Written Safety Procedures (PDF) - SOPs and SASPs provides guidelines and a template for developing SOPs relevant to safety and health considerations. The customized written SOPs are an integral part of an individual lab unit's Chemical Hygiene Plan and must be kept on file with this document. If work involves the use of hazardous drugs or chemicals, a Special Animal Safety Protocol (SASP) is required.
Control Measures
The General Rules for Handling of Chemicals in the Chemical Safety Section of the Lab Safety Manual (PDF) discusses laboratory chemical hoods, personal protective equipment (PPE) and other control measures. The OSHA PPE Hazard Assessment for Laboratories prescribes appropriate PPE for general lab operations and must be printed out and posted in the laboratory. Individual SOPs for highly hazardous chemicals shall address control measures in detail. The DEHS Lab Safety Coordinator is available to test the effectiveness of controls and may perform air monitoring if conditions warrant.
Injuries / Chemical Exposures
The DEHS web page Occupational Health and Safety provides information on obtaining medical care if you become ill or injured while at work as well as the reporting requirements for work-related illnesses and injuries. After first aid has been administered and medical follow-up occurs, report all lab-related accidents and chemical exposures to the DEHS Lab Safety Coordinator for investigation. Requirements for Medical Consultations and Examinations are defined by the OSHA Lab Standard.
Describe below the specific procedures for laboratory personnel to follow when reporting an injury/chemical exposure:
Spills
Spills of toxic substances must be resolved immediately. Spill response must be part of every Safe Operating Procedure. Planning for Chemical Spills describes a procedure to ensure effective preplanning for spill response.
Waste Disposal
When hazardous materials become outdated, unstable or are no longer of use to the laboratory, the Faculty/Principal Investigator is responsible for the proper disposal of the chemicals. After disposal the item must be deleted from the chemical inventory list.
For complete information regarding chemical waste disposal refer to the DEHS Waste Disposal Guide (PDF).
Vacating or Renovating a Laboratory
Prior to vacating or renovating a laboratory space, the Faculty/Principal Investigator is responsible for ensuring completion of Laboratory Close-Out Procedures (PDF).
Training
All personnel who work in laboratories are required to receive general lab safety training as well as lab-specific training. The DEHS Lab Safety Coordinator conducts General Laboratory Safety Training that covers requirements of the OSHA Lab Standard, as well as general lab safety rules.
The Faculty/Principal Investigator is responsible for providing Lab-Specific Training to all lab personnel. This training is based on the contents of the lab-specific Chemical Hygiene Plan, including SOPs for highly hazardous chemicals.
Record Keeping
Permanent records are maintained by DEHS of:
- Environmental monitoring done to determine the presence and concentration of hazardous substances in laboratories.
- Chemical hood performance in laboratories.
- Results of accident investigations and recommendations for actions to minimize the risk of recurrence.
Copies of the sign-in sheets from General Lab Safety Training are sent to the Office of Research Integrity who maintains the data in their electronic database of compliance training, which may be accessed via Crystal Reports.
The following records are maintained by the Faculty/Principal Investigator for each lab:
- An up-to-date, accurate Chemical Hygiene Plan.
- Training records for lab-specific training which include employee signatures.
- SDSs for all hazardous chemicals currently stored in the laboratory.
- The inventory of hazardous chemicals stored in the laboratory.
- SOPs for Highly Hazardous Chemicals currently in use in the laboratory.
- Special Animal Safety Protocols (SASPs) for work with Hazardous Drugs or Chemicals.
Related Information:
http://louisville.edu/dehs/chemical-safety/chemical-safety-files/laboratory-safety-manual (PDF)
Policy Reasoning:
The emphasis of this document is to address the unique hazards of individual lab units.
The University of Louisville is responsible for ensuring the safety of its employees and for complying with all related requirements of state and federal regulations. Because of the importance the university places on safety, the administration encourages employees at all levels to promote positive attitudes regarding safety, to incorporate safety into their work practices, and to cooperate fully in the implementation of safety-related programs.
Responsibilities:
Faculty/Principal Investigator
The Faculty/Principal Investigator is charged with adapting and implementing a lab-specific Chemical Hygiene Plan (CHP). This includes maintaining a chemical inventory, ensuring access to material safety data sheets, developing written standard operating procedures (SOPs) for use of highly hazardous chemicals, enforcing safety practices, providing or scheduling employee training, and reporting hazardous conditions to the University CHO. The supervisor must also review the lab-specific SOPs and Chemical Hygiene Plan annually and update the documents as necessary.
The first time you customize your Chemical Hygiene Plan and Chemical Inventory, send a copy to the DEHS Lab Safety Coordinator. Electronic submission is preferred, but a printed copy is also acceptable.
Laboratory Personnel
Laboratory personnel are responsible for observing all appropriate practices and procedures contained in the Chemical Hygiene Plan as well as other general safety practices, for attending designated training sessions, and for reporting hazardous or unsafe conditions to the PI or DEHS Lab Safety Coordinator. Any deviation from procedures involving hazardous chemicals requires prior approval.
DEHS
The specific responsibility for developing and assisting in the implementation of U of L programs for health and safety in laboratories resides with the Department of Environmental Health and Safety (DEHS). The DEHS Laboratory Safety Coordinator, who is designated as the University Chemical Hygiene Officer, performs the lead role in this effort. The DEHS Lab Safety Coordinator will perform periodic lab safety audits, conduct General Laboratory Safety Training and provide technical guidance in development and implementation of lab-specific Chemical Hygiene Plans.
Internal Lab Responsibilities
Describe any additional responsibilities lab personnel have pertaining to health and safety. This may include maintaining chemical inventories, SDSs and training records, preparation of SOP's, etc.
procedure
Laboratory Close Out
Official University Administrative Policy
Policy Name:
Laboratory Close Out
Effective Date:
March 2003
Policy Statement:
To ensure your lab space is safe for re-occupancy or renovation, a Principal Investigator, Researcher, Instructor, Laboratory Manager, Clinical Manager, or Other Applicable Individual should review in advance of closing target date when:
- Leaving the University;
- Relocating to another lab space;
- Major lab renovations; or
- Movement of equipment from the laboratory for surplus, repair, or relocation.
Lab close out guidance can be viewed in the DEHS Lab Close Out Manual.
- Notify DEHS of the upcoming lab close-out by submitting the DEHS Lab Close Out, Relocation, and Equipment Release Form. Be sure to allow several weeks' notice so that DEHS can make provisions for staff availability and to ensure you will have time to complete the lab close-out checklists. Checklist items that do not apply to the lab should be noted "not applicable" (n/a).
- Contact the Lab Safety Coordinator (502-852-2830) to confirm the date and time of the final inspection so DEHS can certify proper lab close-out. The inspector will review the completed checklists with the PI and inspect the lab space. If the inspection is satisfactory DEHS will issue a Lab Close-Out Certification Form. Copies of the signed form will be sent to the PI vacating the lab and the Department Head.
- NOTE: radioactive, biological, or hazardous chemical waste MAY NOT BE MOVED to a new location. Be sure to request waste pick-ups in advance so that all any regulated waste is out of the lab prior to the close-out inspection.
Department Chair/Unit Head
The department chair or unit head is responsible for any deficiencies not corrected by the principal investigator, researcher, instructor, laboratory or clinical manager or other applicable individual. The department chair or unit head will be held accountable for fees resulting from improper Close-Out activities. If this procedure is not followed, the department or unit will be charged for all waste removal and other laboratory Close-Out services, whether provided by DEHS or an outside contractor. Any regulatory actions or fines resulting from improper management or disposal of any regulated material (i.e., hazardous waste, controlled substances, select agents, etc.) will accrue to the department or unit. DEHS will not be responsible for any losses incurred by individuals or departments/units as a result of improper removal of any regulated material.
Deans, Directors and Department Heads
Ensure that all principal investigators, researchers, instructors, laboratory or clinical managers or other applicable individuals are aware of and follow the procedures outlined in this procedure.
Department of Environmental Health & Safety (DEHS)
- Provide proper guidance for laboratory closeout. DEHS will issue a final laboratory clearance for those vacated laboratories found to be compliant with the guidelines.
- If the principal investigator, researcher, instructor, laboratory or clinical manager, or other applicable individual follows the procedures for Laboratory Close-Out outlined on the DEHS web page, DEHS will bear the disposal cost for all waste chemicals, infectious agents, and radioactive materials. However, if proper Close-Out procedures are not followed, the respective department will be responsible for all disposal, chemical analysis, and personnel costs.
Policy Reasoning:
Laboratories within University of Louisville must be left in a state suitable for new occupants or for renovation activities.
Definitions:
Close-Out - the formal deactivation of a laboratory to assure the safety of the space for further cleaning, renovation, or occupancy. The Close-Out process involves a certification by the appropriate principal investigator, researcher, instructor, laboratory or clinical manager and an inspection by the Department of Environmental Health and Safety (DEHS) for those locations where chemicals, toxins, biohazardous or infectious agents, human blood/body fluids, recombinant DNA, controlled substances, radioactive materials, or other hazardous materials, including Select Agents, were stored or used in equipment.
Responsibilities:
The vacating Principal Investigator (PI) and Department are responsible for ensuring the disinfection of equipment and counters, movement of equipment from the lab for surplus, repair, or relocation, and disposal of chemical, biological, DEA controlled substances, and radioactive waste materials prior to vacating the space.
Official University Administrative Policy
Policy Name:
Lead based Paint and Plaster Preparation
Effective Date:
March 2013
Policy Number:
DEHS Industrial Hygiene 6
Policy Statement:
When previous paint layer is lead-based and surface is chipping or peeling, or when small areas of plaster (less than 5 sq ft) are unsound and must be repaired:
- If paint chips/dust have already fallen, preclean the area with a HEPA vacuum prior to laying down the plastic.
- Lay 6- mil plastic dropcloth under the area to be scraped and secure to the cove base with duct tape. Cover other surfaces that might become contaminated with paint chips/dust such as convectors and immovable furniture.
- If the work requires you to walk on paint chips and dust that may fall on the plastic, wear tyvek shoe covers while working and remove them before stepping off the plastic.
- Wet scraping/sanding - mist surface with detergent/water solution prior to scraping or sanding, remist as required to control dust.
- When scraping is complete, pick up any chunks too large for the HEPA vac and place in a bag labeled "Lead Contaminated Waste". Then use the HEPA vac to vacuum any paint chips or dust from plastic dropcloth.
- Mist plastic and wipe plastic with disposable towel. Discard towels and shoe covers as lead contaminated waste. Plastic may be reused or discarded in regular trash.
- Wash hands and face prior to eating, drinking, or smoking.
- Contact DEHS at 2956 for delivery of containers for disposal of lead contaminated waste. When container is ready for disposal fill out a pick-up form on-line at https://louisville.edu/dehs/waste-disposal.
When previous layer of lead-based paint is powdering (airborne lead hazard), or for large areas of plaster (more than 5 sq ft) are in need of repair:
- Do not disturb or perform repairs. A special project set up with personal protective equipment and air sampling is needed to determine the degree of hazard from airborne lead.
- Contact DEHS for assistance it assessing hazard.
Policy Reasoning:
- Protect workers and occupants from airborne exposure to lead and dusts.
- Protect carpet and flooring from lead contamination and avoid tracking lead-based paint chips and dust to other parts of the building.
- Ensure lead-based paint chips, dust, and lead contaminated wastes are collected for proper disposal.
Official University Administrative Policy
Policy Name:
Annex for Determining University Closure Due to Winter Weather
Effective Date:
November 5 2013
Policy Statement:
Introduction and Assumptions
When significant winter weather events occur, the university must determine if it will remain open under normal operations, move to a delayed schedule, or close. In order to make that determination, several steps will be undertaken to develop information of the current situation and/or the potential for significant winter weather events. Once that information is provided to the Provost, the Provost will make a determination on the status of the university operations. Communications and Marketing will communicate that decision to the university community.
Weather Monitoring - Emergency Manager
The University Emergency Manager will serve as the primary individual responsible for monitoring the weather. It will be the Emergency Manager's responsibility to visit the Louisville Office of the National Weather Service web site on a daily basis at the beginning of the business day. The site is https://www.weather.gov/lmk/.
In addition to the weather, the Emergency Manager will evaluate road conditions via the Kentucky Roadway Weather Information System http://rwis.kytc.ky.gov/ and the Trimarc cameras and information system https://trimarc.org/site/pages/Index.html. Snow removal operations in the city should also be monitored by using https://apps.lojic.org/metrosnowroutes.
If there is a potential for significant winter weather, the Emergency Manager will notify the individuals with responsibilities under this annex.
In the event that the University Emergency Manager is unavailable, the Designee will assume the responsibilities of the primary individual responsible for monitoring the weather.
Roadway Observations - University Police
If winter weather is occurring, it is the responsibility of the University Police to observe the roadways and advise the Provost regarding driving conditions. These observations are made on an ongoing basis by the shift commander. The shift commander will notify the Police Chief, Assistant Chief, or Emergency Manager of any road conditions that present a safety hazard for normal operations who will in turn notify the Vice President for Finance and Administration/Chief Financial Officer.
If winter weather is occurring during the overnight hours, the shift commander is responsible for driving the campuses between 0300-0400 hours to assess the condition of the roads. The shift commander will contact the Emergency Manager at 0400 to report on the condition of the roads and whether they present a safety hazard.
Snow Removal on Parking Lots and Walkways - Physical Plant
If the accumulation of snow and/or ice occurs on parking lots and walkways, Physical Plant is responsible for the snow removal and/or treatment with de-icing agents. In the event that the accumulation of snow and/or ice exceeds the capabilities of Physical Plant, or their contractors, the Associate Vice President for Facilities will contact the Police Chief and Emergency Manager and advise that parking areas may not be available and that walkways may pose a safety hazard during the normal business day.
In the event that the accumulation of snow and/or ice exceeds the capabilities of Physical Plant, or their contractors, the Associate Vice President for Facilities will contact the Emergency Manager prior to 0415 to advise that parking areas may not be available and that walkways may pose a safety hazard during the normal business day.
Emergency Manager
The Emergency Manager will provide the Police Chief/Designee or Vice President for Finance and Administration/Chief Financial Officer all information collected on weather conditions, road conditions, university parking lots, and sidewalks as appropriate throughout the business day. The Emergency Manager will also report on city traffic conditions, road temperatures, and any cancelations or delays that are released by other institutions and business entities. If conditions overnight indicate a potential problem, or if a problem was expected and did not occur, the Emergency Manager will advise the Police Chief and Vice President for Finance and Administration/Chief Financial Officer prior to 0420 and provide the information as listed above.
Vice President for Finance and Administration/Chief Financial Officer
During the normal business day, the Vice President for Finance and Administration/Chief Financial Officer will collect information provided by University Police, Emergency Manager, and Physical Plant and provide it to the Provost to assist in any decision to alter operations. During situations occurring during the overnight hours, the Vice President for Finance and Administration/Chief Financial Officer will use the information collected by the Emergency Manager and contact the Provost prior to 0430 and provide a status report on the situation.
Decision to Alter Normal Operations - Provost
Once the Provost has been provided the weather, roadways, parking lot, and walkway information, the Provost will make a determination to maintain normal operations or alter the normal operations by delaying classes, office hours, and/or closing the university. The Provost may elect to use a conference call or other communications with responsible parties to make that determination. Once a decision is made, the Provost will notify Communications and Marketing of any alteration to the normal operating schedule.
Dissemination - Communications and Marketing
Communications and Marketing is responsible for disseminating information to the university community of any schedule change due to winter weather. During the normal business day, this would be done as soon as a decision is made to change the schedule for classes, office, and/or clinic hours. If winter weather is occurring during the overnight hours, a representative of Communications and Marketing will contact the Provost at 0430. Upon a decision being made by the Provost to alter the schedule, Communications and Marketing will disseminate that information via the news media and UofL Alert (Rave, Informacast, and web page).
Responsibilities:
Units with Assigned Responsibilities
University Emergency Manager
University Police
Physical Plant
Vice President for Finance and Administration/Chief Financial Officer
Office of the Provost
Communications and Marketing
procedure
Active Shooter
Official University Administrative Policy
Policy Name:
Active Shooter
Effective Date:
Unknown
Policy Statement:
It is the protocol of the University of Louisville to provide an active shooter emergency response plan to alert employees that an active shooter appears to be actively engaged in killing or attempting to kill people at the workplace.
1. The first employee to identify an active shooter situation:
As soon as possible, should call the ULPD Dispatch emergency number (502) 852-6111and announce a prearranged code (e.g., "Active Shooter") (with the location of the incident) and a physical description of the person(s) with the weapon, and type of weapon, if known.
2. The emergency operator upon notification will:
Provide a public announcement e.g Timely Alert Notification (RAVE) with the information that an offense took place at that public address system.
3. The emergency operator or any employee who is at a location distant from the active shooter, such as in a different area or floor, will contact 9-1-1.
4. The phone call to 9-1-1 (from the area where the caller is safely concealed) should provide the following information to the police:
a. Description of suspect and possible location.
b. Number and types of weapons.
c. Suspect's direction of travel.
d. Location and condition of any victims.
POTENTIAL RESPONSES
In response to an active shooter event, there will be three potential courses of action
1. Evacuate;
2. Hide;
3. Self-Defense. The following guidelines identify these courses of action:
EVACUATE
If there is an accessible escape path, attempt to evacuate the premises, following these recommendations:
- Have an escape route and plan in mind.
- Evacuate regardless of whether others agree to follow.
- Leave your belongings behind.
- Help others escape, if possible.
- Prevent individuals from entering an area where the active shooter may be.
- Keep your hands visible.
- Follow the instructions of any police officers.
- Do not attempt to move wounded people.
- Call 911 when you are safe.
HIDE OUT
If evacuation is not possible, find a place to hide where the active shooter is less likely to find you, with these recommendations:
The hiding place should:
- Be inconspicuous.
- Be out of the active shooter's view.
- Provide physical protection if shots are fired in your direction (e.g., locating into a bathroom and locking the door, staying as low to the floor as possible and remaining quiet and motionless).
- Not trap you or restrict your options for movement.
To prevent an active shooter from entering the hiding place:
- Lock the door.
- Blockade the door with heavy furniture.
If the active shooter is nearby:
- Lock the door.
- Silence cell phones and/or pagers.
- Turn off any source of noise (i.e., radios, televisions).
- Hide behind large items (i.e., cabinets, desks).
- Remain quiet and motionless.
SELF-DEFENSE
If it is not possible to evacuate or hide, then consider self-defense, with these recommendations:
- Remain calm.
- Dial 9-1-1, if possible, to alert police to the active shooter's location.
- If you cannot speak, leave the line open and allow the 911 dispatcher to listen.
Take action against the active shooter and only when you believe your life is in imminent danger, attempt to disrupt and/or incapacitate the active shooter as follows:
- Acting as aggressively as possible against him/her.
- Throwing items and improvising weapons.
- Yelling.
- Commit yourself to defensive physical actions.
LAW ENFORCEMENT RESPONSE
The police will arrive to respond to the emergency, follow these recommendations:
1. Comply with the police officers instructions. The first responding officers will be focused on stopping the active shooter and creating a safe environment for medical assistance to be brought in to aid the injured.
2. When the police arrive at your location:
a) Remain calm, and follow officers' instructions.
b) Put down any items in your hands (i.e., bags, jackets).
c) Immediately raise your hands and spread your fingers.
d) Keep your hands visible at all times.
e) Avoid making quick movements toward officers such as attempting to hold on to them for safety.
f) Avoid pointing, screaming and/or yelling.
g) Do not stop to ask officers for help or direction when evacuating, just proceed in the direction from which officers are entering the area or to an area to which they direct you.
h) Notify ULPD representatives that you have evacuated the premises.
3. When the police arrive the following information should be available:
a) Number of shooters.
b) Number of individual victims and any hostages.
c) The type of problem causing the situation.
d) Type and number of weapons possibly in the possession of the shooter.
e) All necessary University of Louisville representatives still in the area as part of the Company's emergency management response.
f) Identity and description of participants, if possible.
g) Keys to all involved areas as well as floor plans.
h) Locations and phone numbers in the affected area.
POST-INCIDENT ACTION
When the police have determined that the active shooter emergency is under control, the emergency operator will provide a public announcement that the emergency is over by using a prearranged Code (e.g., "All Clear" to the campus community).
Policy Reasoning:
This procedure is intended to provide guidance in the event an individual is actively shooting persons at the workplace and to comply with applicable regulations of the Occupational Safety and Health Administration (OSHA).
Definitions:
For purposes of this procedure: An active shooter is defined as a person or persons who appear to be actively engaged in killing or attempting to kill people on the University of Louisville geographic premises. In most cases active shooters use a firearm(s) and display no pattern or method for selection of their victims. In some cases active shooters use other weapons and/or improvised explosive devices to cause additional victims and act as an impediment to police and emergency responders. These improvised explosive devices may detonate immediately, have delayed detonation fuses, or detonate on contact.
Official University Administrative Policy
Policy Name:
Payments for Research Study Participants
Effective Date:
June 1 2020
Policy Statement:
The University has established the procedures herein to complement the University's policies on Prepaid Gift Cards and Paying Human Subjects. As outlined in the University Prepaid Gift Cards Policy, the University utilizes the Swift Prepaid Gift Card system (Swift system) for the gathering and tracking of all gift card transactions, including payment of gift cards to research study participants. The Swift system is a centralized payment tracking system that provides an audit trail of disbursement activity and is ideally suited for compiling data needed for tax compliance University-wide.
Regardless of the value of any payment, University departments and researchers are strongly encouraged to make use of the Swift system. Although departments and researchers are strongly encouraged to use the Swift system for all payments they provide to research study participants, other options may be appropriate when the value of the payment is minimal and/or the participant's anonymity is considered vital to the study. In no instances shall cash be allowed as a payment for participating in research studies.
Below is an outline of the appropriate methods to use when providing payment to research study participants. These methods were established to allow researchers more flexibility:
Values less than $25
For payments less than $25 in total value per recipient in a calendar year, departments may provide e-gift cards from approved retailers. See "Definitions" below for e-gift cards and approved retailers.
Departments may also provide small items of tangible property (pens, t-shirts, cups, etc.) in this tier as long as the total value of all payments provided is less than $25 per recipient per year.
Subject to approval from the Controller's Office, departments may use a University Procard to purchase e-gift cards from approved retailers or tangible items for the purpose of providing payments in this tier.
Departmental staff must maintain proper controls and records regarding how payments were dispersed. While gathering of SSNs or ITINs is not required for payments less than $25, departments should maintain recipient names and amounts for each issued item. Where anonymous participation is considered vital to the study, staff should document the nature of the anonymous study in detail and provide an adequate audit trail for how payments were ultimately utilized.
Values from $25 - $100
For payments of $100 or less in total value per recipient in a calendar year, departments may provide e-gift cards from approved retailers. See "Definitions" below for e-gift cards and approved retailers.
Payments of tangible property should not be provided when the value of such property is $25 or more.
Subject to approval from the Controller's Office, departments may use a University Procard to purchase e-gift cards from approved retailers for the purpose of providing payments in this tier.
Department staff must maintain proper controls and records regarding how payments are dispersed. While gathering of SSNs or ITINs is not required, departments shall, at a minimum, maintain a list of recipient names and amounts issued to each recipient. Payments should not be provided for studies requiring anonymous participation in this tier.
Values exceeding $100
For payments exceeding $100, departments shall only use the Swift system. An SSN or ITIN is required before any participant can receive a payment exceeding $100. Neither gift cards from third party retailers nor tangible property should be provided when the value is more than $100.
Additional rules relating to non-U.S. tax residents
Research study participants who are non-U.S. tax residents require different payment and tracking procedures than do U.S. residents. Generally, payments to non-U.S. tax residents require withholding of up to 30% of the value of the payment provided. Study participants who are not U.S. tax residents should be set up in the GLACIER tax compliance system prior to issuing any payment. Contact the University's Tax Department for details on how to set up a payment recipient in GLACIER.
University departmental staff and researchers involved in the payment of compensation to research study participants must understand the importance of tax compliance and familiarize themselves with the policies and procedures surrounding such payments. If any researcher or staff is aware, or has reason to be aware, that a study participant is receiving multiple incentives (not only from their department but from studies in other University departments), then the department shall only use the Swift system for making payments to that participant.
This procedure is subject to annual review and possible revision of threshold dollar values. The Tax Department will review supporting data related to payments made to research study participants as part of the department's annual review of 1099s issued to evaluate departmental compliance.
Related Information:
For more information on the Swift system, see the University's Prepaid Gift Cards Policy.
Paying Human Subjects
GLACIER Tax Compliance System
About Form W-9, Request for Taxpayer Identification Number and Certification
IRS Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities
Policy Reasoning:
The University of Louisville (University) requires the collection of names and social security numbers (SSNs) or individual taxpayer identification numbers (ITINs) from research study participants who receive payment from the University. This requirement is based on University policies on Prepaid Gift Cards and Paying Human Subjects and to comply with Internal Revenue Service (IRS) reporting regulations. The IRS requires organizations to issue Form 1099-MISC to individuals receiving payments totaling $2,000 or more during a calendar year ($600 for 2025 or prior). The purpose of the procedures herein is to outline the appropriate methods necessary to gather and track research study participant tax information in compliance with University policies and IRS reporting requirements.
Definitions:
Approved Retailer - For purposes of this procedure only, approved retailers are as follows:
- Amazon
- Walmart
- Kroger
E-gift Card - For purposes of this procedure, an e-gift card is a gift card that is purchased online from an Approved Retailer's website and is valid only for purchases from such Approved Retailer. Tangible gift cards purchased at a physical retail site are not e-gift cards and are not permitted under this procedure. Gift cards that qualify for purchases at non-approved retailers (such as Panera or Texas Roadhouse) are likewise not permitted even if the gift card is purchased on an Approved Retailer's website.
Research Study Participants (or Human Subjects) - The individual receiving payment, incentives, or compensation for participating in a research study.
Tangible Property - For purposes of this procedure document only, tangible property is defined as a small item of property other than cash to incentivize participation in a research project. Such items should have a value of less than $25. Examples include t-shirts, pens, cups, caps, etc.
Responsibilities:
University departments, staff, and researchers - Responsible for familiarizing themselves with this procedure and associated policies regarding the collection and tracking of research study participant payment data.
Controller's Office - Responsible for approving Procard purchases of gift cards from approved retailers. Provides feedback and consultation on procedures to departments/researchers, Tax Manager, and Audit Services.
Tax Department (Controller's Office) - Responsible for Form 1099 compliance and interpretation of this procedure. Reviews and updates this procedure document annually to assess dollar thresholds. Provides feedback and consultation to departments, researchers, and Audit Services.
procedure
Broken Lamp Clean Up
Official University Administrative Policy
Policy Name:
Broken Lamp Clean Up
Policy Statement:
Fluorescent, high intensity discharge (HID), and ultra-violet (UV) lights contain low levels of mercury (average 5 mg). Mercury is not released during normal use. However, upon breakage, the vapor is immediately released. This guideline follows EPA established recommendations which minimize personnel exposure to mercury vapor and should pose no additional harm or consequences to personnel collecting debris from a broken mercury-containing light. Incandescent, halogen, and LED lamps do not contain mercury.
Step 1: Evacuate immediate area for 15 minutes
The highest potential mercury vapor exposure from damaged bulbs occurs immediately after breakage. The most effective way to protect yourself and room occupants from vapor exposure is to ventilate the room with outside air (if possible) and keep people out of the room for at least 15 minutes after breakage while airborne concentrations decrease.
Step 2: Gather clean up materials
Collect materials needed to clean up broken bulb:
- Rubber gloves.
- Safety glasses.
- Stiff paper or cardboard.
- Sticky tape.
- Paper towels or newspaper.
- Sealable plastic bag or heavyweight trash bag.
Special note: DO NOT USE VACUUM! Vacuuming is not recommended unless broken glass remains after all other cleanup steps have been taken. Vacuuming could spread mercury-containing powder or mercury vapor. DEHS does have a marked designated vacuum cleaner for broken lamp clean up that PP personnel can borrow, contact DEHS Hazardous Waste at 502-852-2956.
Step 3: Put on personal protection equipment
To include at a minimum, safety glasses or goggles and nitrile or rubber gloves.
Step 4: Debris collection
- Carefully pick up large pieces of the lamp. Place pieces onto paper towel or newspaper.
- For collecting small glass fragments and shards, use sticky tape.
- Place all glass shards and used tape on paper.
- If the debris is on a hard surface, wipe with damp paper towels.
- Place used towels on top of the paper.
- Carefully fold everything into the paper and place it in a plastic bag.
- Discard used gloves into plastic bag.
Step 5: Secure waste bag and label and date; submit for DEHS hazardous waste pick up
- Securely close the plastic bag.
- Label and date the outside of the plastic bag with the words (FOR EXAMPLE as follows) - "Hazardous Waste Broken Mercury Lamp/Debris Toxic".
- Drop off closed marked bag to DEHS EPSC (call or email ahead) or submit pick up request via the DEHS Chemical Hazardous Waste Pick Up Request Form.
Related Information:
40 CFR 261.24
Policy Reasoning:
Protect human health and the environment. Mercury, even in small amounts can be toxic to human health and the environment. Contaminated debris generated from the cleanup of a broken lamp, could contain mercury above the EPA regulatory maximum contaminant level (MCL). The MCL for mercury is 0.2 mg/L.
procedure
Cold Room Storage and Use
Official University Administrative Policy
Policy Name:
Cold Room Storage and Use
Policy Number:
DEHS Industrial Hygiene 3
Policy Statement:
For Cold Rooms currently in use, cold room USERS should perform the following tasks:
- Annual - A uniform clean-up of each cold room by all departments who use the space is required annually.
- Monthly - An inventory of the cold room and removal of items which are no longer needed, have expired, or which are harboring mold is required monthly.
- Each laboratory will be responsible for ensuring that nothing being stored is harboring mold. COLD ROOM USERS WILL BE RESPONSIBLE FOR MOLD REMOVAL COSTS.
- Keep the cold room door firmly shut.
- Organize the cold room by using metal or plastic shelving storage units, in lieu of wooden shelves or other porous materials.
- Label shelves, containers and other items to identify the contents and establish ownership.
- DO NOT store items in cardboard boxes, as they may harbor mold. Move items to securely closed plastic or metal containers. If you must store paper products (e.g., Kim wipes, paper towels), do so in closed air-tight plastic containers.
- DO NOT store hazardous chemicals, including but not limited to, volatile flammable solvents, highly toxic chemicals, (e.g. carcinogens, regulated chemicals), volatile acids, asphyxiant gases, and compressed gases such as carbon dioxide or nitrogen in cold rooms.
- DO NOT store food or beverages in cold rooms.
- Do not store equipment in cold rooms, except when necessary for keeping samples cold.
- In general and when using equipment, be sure to promptly clean and remove any residual or spilled liquids or chemicals (e.g. buffers, media).
- Keep electrical cords to a minimum and do not allow cords to come in contact with water or other liquids. Ground Fault Circuit Interrupters (GFCI's) should be installed on the electrical outlets in cold rooms since they can be damp environments. Older cold rooms may not have GFCI's, so verify they are in place before plugging in equipment.
- Keep all surfaces clean and wipe down surfaces on a routine basis or at least annually.
- Use a wet clean up method (e.g. damp cloth with 10% bleach).
- Be sure to dry surfaces after cleaning to ensure moisture is removed.
- Promptly report water leaks, temperature issues or other cold room maintenance issues to Physical Plant on HSC Campus 502-852-5695 or Belknap Campus 502-852-6241 or Shelby Campus 502-852-6241.
- Dispose of waste into proper waste streams outside of cold rooms.
- Use a wet clean up method (e.g. damp cloth with 10% bleach).
- Be sure to dry surfaces after cleaning to ensure moisture is removed.
For Cold Rooms abandoned or no longer in use:
- Follow the laboratory close-out procedures and complete the lab close-out notification form located at the link below for the Department of Environmental Health & Safety (DEHS) to facilitate your Cold Room closeout: Lab Closeout Form.
- Contact Physical Plant after DEHS completes your Cold Room close-out to remove the room from service or to install dehumidifiers and lock the cold room.
Policy Reasoning:
Cold rooms within research buildings are often shared by multiple researchers. Each lab must take responsibility in maintaining the room to ensure clean and safe research environments, and prevent various health and safety issues. Recommended tasks are identified for cold room users, as well as steps to follow for cold room that are no longer in use or have been abandoned.
Official University Administrative Policy
Policy Name:
Establishment Review and Closure of Centers and Institutes Procedures
Effective Date:
May 5 2025
Policy Statement:
The Office of Academic Planning and Accountability (OAPA) has been charged with coordinating the Centers and Institutes Approval and Review Processes. OAPA provides training, resources, and technical support to Center and Institute administration and staff. Additionally, OAPA coordinates the approval and review processes of the Centers and Institutes Approval and Review Committee and the Centers and Institutes Executive Council.
The Centers and Institutes Approval and Review Committee is appointed by the Centers and Institutes Executive Council for two-year renewable terms with individuals representing the following functional units:
- Office of Research and Innovation (one appointee acting as Co-Chair)
- Office of Academic Planning and Accountability (one appointee acting as Co-Chair)
- Office of Community Engagement (one appointee)
- Office of Faculty Affairs (one appointee)
- Graduate Council (one appointee)
- Center for Engaged Learning (one appointee)
- Vice Provost for Strategic Initiatives and Finance or designee (one appointee)
- Vice Dean of Research in the School of Medicine or designee (one appointee)
- Faculty Senate (four appointees made by a non-binding recommendation of the Faculty Senate)
- Current Centers and Institutes Faculty and Staff (four appointees that are broadly representative of the various types of Centers and Institutes with at least one representative from the Health Sciences Center Campus and one from the Belknap Campus)
This committee serves as the primary organizational structure to make recommendations to the Centers and Institutes Executive Council about the establishment and continued operations of Centers and Institutes.
All Centers and Institutes meeting the definitions set forth in the Establishment and Review of Centers and Institutes Policy must be approved through the Centers and Institutes approval process as set forth in this document.
Center/Institute Status
The following statuses dictate the annualized and comprehensive review procedures for Centers and Institutes:
- Probationary Status: Centers and Institutes initially approved who have not yet undergone a successful 5-Year Comprehensive Review as well as Centers and Institutes identified as "fix" during their most recent 5-year Comprehensive Review.
- Reauthorized Status: Centers and Institutes that have had a successful 5-year comprehensive review and are identified as "sustain" or "grow" through the review process.
- Sustaining Status: Centers and Institutes that have undergone at least two (2) successful 5-Year Comprehensive Reviews demonstrating operational effectiveness are moved to a 10-Year Comprehensive Review cycle.
- Sunset Status: A Center or Institute that has been recommended for closure. The University Board of Trustees (BOT) must officially approve the closure of any Center or Institute identified to be "sunset." Such determinations are generally made through the Centers and Institutes 5-Year Comprehensive Review process, but the Centers and Institutes Executive Council has the authority to recommend a Center or Institute for closure to the BOT at their discretion due to shifting institutional priorities, inadequate management, lack of funding, or other institutional concerns with the continued operation of the Center or Institute. Additionally, Center or Institute leadership may also propose a Center or Institute be sunset. See Sunset Procedures for more information.
Approval Criteria
The Centers and Institutes Approval and Review Committee evaluates proposals to establish a Center or Institute according to the following criteria:
- Qualifications of core and affiliated faculty;
- Avoidance of research and/or service duplication;
- Alignment of the Center or Institute's mission, purpose, and/or strategic plan with the University's mission, purpose, and/or strategic plan;
- Demonstrated market and/or societal need, including rationale for why the University and/or the specific unit(s) are uniquely qualified to meet these needs;
- Financial sustainability of the Center or Institute, including identified internal and external funding sources;
- Quality of operational plan, including an identified assessment plan to demonstrate Center or Institute effectiveness and furtherance of the University's mission and strategic plan;
- Resource requirements for operation of the Center or Institute, including but not limited to administrative staff, research/service term faculty, post-doctoral fellows, space, and equipment;
- Availability of appropriate administrative support functions and supervision at the University (e.g., adherence to required safety protocols, grant administration, etc.); and
- Continuity plan to ensure sustainable operations of a Center or Institute at the University. Centers or Institutes approved for expedited approval (see "Expedited Approval" process outlined below) may have altered expectations for continuity, especially in instances when the Center or Institute has been approved for faculty recruitment/retention purposes.
Standard Approval Procedures
Centers or Institutes are approved according to the following standard approval procedures:
1. Centers or Institutes are approved twice a year. For a Center or Institute to be established by the start of the fall semester, a complete Center or Institute proposal with all required documentation must be submitted for approval by November 1 of the previous academic year. For a Center or Institute to be established by the start of the spring semester, a complete Center or Institute proposal with all required documentation must be completed and submitted for approval by July 1 of the previous year. The following are the documents required to be submitted for approval:
a. Executive Summary
b. Needs and Benchmarking Analysis
c. Organizational Structure
d. Core and Affiliated Faculty Qualifications
e. Budget
f. Resource Requirements
g. Letters of Support
h. Operational Plan
i. Data Collection Schedule
j. Implementation Plan
k. Continuity Plan
2. Faculty interested in establishing a Center or Institute must seek approval from their department head and/or academic dean by submitting to them their completed proposal. Where multiple academic units are involved, all academic deans must agree to support the establishment of the Center or Institute. In these instances, the proposer must identify the appropriate senior administrator to whom the Center or Institute will report, as indicated on the organizational chart and reporting lines documentation. Letter(s) of support from the dean(s) of the collaborating academic unit(s) should be submitted as part of the proposal. In cases where the Center or Institute is not Headquartered within an academic unit, the completed documentation is forwarded to the senior administrator of the unit for approval by the academic dean of the unit in which the proposed Center or Institute director is appointed.
3. Once approved by the appropriate senior administrator(s), the proposal is submitted to the Centers and Institutes Approval and Review Committee for review.
4. The Centers and Institutes Approval and Review Committee submits written feedback to the proposing party based upon the information provided in the Center or Institute proposal.
5. The proposing party has an opportunity to respond to the Centers and Institutes Approval and Review Committee's feedback in writing.
6. The Centers and Institutes Approval and Review Committee meets with the proposing party. Senior administrators of the Headquartering Unit and/or senior administrators from support units are invited to participate but are not required to attend. This meeting is to clarify any questions the committee may have and to address points of concern.
7. In executive session, the Centers and Institutes Approval and Review Committee generally decides through consensus but may rely on Robert's Rules of Order of whether to recommend the proposal for approval. They may elect to proceed as follows:
a. Approve the proposal;
b. Return the proposal to the academic unit for additional information and clarification of concerns; or
c. Reject the proposal due to insufficient demonstration of need and/or other critical concerns.
8. After the Centers and Institutes Approval and Review Committee reviews the proposal, they provide written feedback with the rationale for their recommendations.
9. Once the proposers receive the recommendations from the committee, the proposers can address questions or concerns posed by the Centers and Institutes Approval and Review Committee. The proposing party has up to one calendar month to provide their response.
10. The Centers and Institutes Approval and Review Committee submits their recommendation and rationale and the unit's response (if applicable) to the Faculty Senate.
11. Faculty Senate provides a recommendation to the Centers and Institutes Executive Council of whether to uphold the recommendation of Centers and Institutes Approval and Review Committee.
12. The Faculty Senate recommendation, Centers and Institutes Approval and Review Committee recommendation, and response from the unit (if applicable) are sent to the Centers and Institutes Executive Council for review.
13. The Centers and Institutes Executive Council determines whether to approve or reject the establishment of the Center or Institute or to request additional revisions from the proposing party.
14. If approved, the Center or Institute proposal is then submitted to the BOT for final approval.
15. All Centers and Institutes are approved with a probationary status until they have satisfactorily met the annual assessment reporting requirements and completed a successful 5-Year Comprehensive Review.
Expedited Approval Criteria
The Centers and Institutes Executive Council may grant, at their sole discretion, an expedited approval process. The following is a non-exhaustive list of the circumstances under which the Centers and Institutes Executive Council may generally grant an expedited approval for the establishment of a Center or Institute to meet an institutional priority:
- The establishment of the Center or Institute is deemed exigent due to the availability of substantial funds from an external agency;
- The Center or Institute is deemed a strategic priority by the Centers and Institutes Executive Council due to faculty recruitment efforts; or
- The Center or Institute is deemed a strategic priority by the Centers and Institutes Executive Council to further institutional priorities.
A request for an expedited approval must be submitted in writing to a member of the Centers and Institutes Executive Council by the senior administrator of the proposed Headquartering Unit. If the Centers and Institutes Executive Council determines a Center or Institute proposal should be granted an expedited approval, they will notify the co-chairs of the Centers and Institutes Approval and Review Committee.
Expedited Approval Procedures
1. The co-chairs of the Centers and Institutes Approval and Review Committee collect feedback from all committee members.
2. Committee members have ten (10) business days to provide feedback from the date the proposal was initially submitted.
3. To expedite the process, the Centers and Institutes Approval and Review Committee is not required to provide a recommendation, but instead provides all collected feedback from committee members to the Centers and Institutes Executive Council to inform the Centers and Institutes Executive Council's decision.
4. If the Centers and Institutes Executive Council requests the Centers and Institutes Approval and Review Committee to provide an official recommendation, the Centers and Institutes Approval and Review Committee will be convened, but this may delay the approval timeline.
The Executive Council may recommend the Center or Institute for approval to the BOT, reject the proposal, request revisions, or re-route the proposal through the standard approval procedures. Centers or Institutes granted an expedited approval have one (1) year from the date of approval to complete the standard approval procedures as outlined in this document.
Annual Reporting Procedures
Directors of Centers and Institutes meeting the definitions set forth in the Establishment and Review of Centers and Institutes Policy must submit an annual assessment report to OAPA. OAPA ensures the annual assessment reports are distributed to the Headquartering Units of the Centers and Institutes and the appropriate University administrators. The senior administrator of the Headquartering Unit is responsible for reviewing the Centers and Institutes' annual assessment reports to ensure the mission and objectives of the Centers and Institutes are being met. Additionally, all Centers and Institutes' annual assessment reports are submitted to the following University administrators:
1. University Research Institutes and University Research Centers' annual assessment reports are submitted to the Executive Vice President for Research and Innovation.
2. University Community Engagement Centers' annual assessment reports are submitted to the Vice President for Community Engagement.
The Centers and Institutes' annual assessment reports are the basis for the Centers and Institutes' Comprehensive Review to craft the self-study narrative, and they should be used as evidence of operational effectiveness.
If a Center or Institute is designated "fix" or "sunset" or on probationary status, the annual assessment report is reviewed by the Centers and Institutes Approval and Review Committee to ensure the Center or Institute is demonstrating satisfactory progress toward mission fulfillment and addressing identified concerns. Should the Centers and Institutes Approval and Review Committee determine the Center or Institute is not demonstrating satisfactory progress toward mission fulfillment, the Center or Institute may undergo a Comprehensive Review earlier than their next scheduled Comprehensive Review.
Comprehensive Review
All Centers and Institutes must be Comprehensively Reviewed on a regular and recurring cycle. Centers and Institutes are generally reviewed on a 5-year cycle unless they have been granted sustaining status based upon the criteria outlined in this procedure. Centers or Institutes granted sustaining status undergo Comprehensive Review on a 10-year cycle.
The Comprehensive Review assesses the Center or Institute's continued contribution to the University's mission. The Comprehensive Review generally considers the performance of the Center or Institute since the most recent Comprehensive Review as documented in the annual assessment reporting process and should not include any unsolicited letters or appendices with grant proposals, reprints of publications, etc. The request for a Center to become an Institute should be completed as part of the Comprehensive Review.
Comprehensive Review Criteria
- Continued alignment of Center or Institute's mission, purpose, and/or strategic plan with the University's mission, purpose, and/or strategic plan;
- Qualifications of core and affiliated Faculty;
- Demonstrated success of Center or Institute and fulfillment of operational plan submitted during most recent Comprehensive Review/approval;
- Contributions of Center or Institute to the University, community, scholarship in the discipline, etc.;
- Continued demonstration of market and societal need, including rationale for why the University and/or the specific unit(s) are uniquely qualified to meet these needs;
- Financial sustainability of the Center or Institute, including identified internal and external funding sources;
- Quality of operational plan, including an identified assessment plan to demonstrate Center and Institute effectiveness and furtherance of the University's mission and strategic plan;
- Resource requirements for operation of Center or Institute, including but not limited to administrative staff, research/service term faculty, post-doctoral fellows, space, and equipment;
- Availability of appropriate administrative support functions and supervision at the University (e.g., adherence to required safety protocols, grant administration, etc.); and
- Continuity plan to ensure sustainable operation of Center or Institute at the University.
Comprehensive Review Process
1. The Accreditation and Academic Programs (AAP) team within OAPA maintains and makes available to Center and Institute directors and academic deans a schedule identifying the academic year in which each Center and Institute will be reviewed for the next ten (10) years. Centers and Institutes scheduled for a Comprehensive Review are notified by the start of the spring semester preceding their scheduled review. The Centers and Institutes Approval and Review Committee's work begins in the subsequent fall semester.
2. The Center or Institute prepares a self-study that addresses criteria identified in the Comprehensive Review process.
3. The Centers and Institutes Approval and Review Committee evaluates the self-study. The Centers and Institutes Approval and Review Committee may submit written questions and feedback to the Center or Institute director based upon its evaluation.
4. The Center or Institute director responds in writing to the committee's written feedback and questions, as necessary, to provide further clarity and/or address any potential concerns with non-compliance.
5. The Center or Institute director has an opportunity to meet with the Centers and Institutes Approval and Review Committee to provide further clarity based upon the committee's questions and feedback. The committee reserves the right to obtain feedback from external sources if it so deems.
6. After evaluating the self-study documentation and any external input, the Centers and Institutes Approval and Review Committee generally makes its determination by consensus but may rely on Robert's Rules of Order as necessary. The Centers and Institutes Approval and Review Committee communicates their recommendation to the Centers and Institutes Executive Council. This recommendation will include an overview of the strengths and weaknesses of the Center or Institute.
7. The recommendations will be one of the following:
a. Grow: The Center or Institute has demonstrated operational effectiveness through the annual assessment reporting and 5-year Comprehensive Review processes. It has sustained success and seems positioned to greatly further the mission and/or prestige of the University. The Center or Institute is an exceptional, marquee enterprise. The University should prioritize it through Research Infrastructure Funds (RIF), Center Research Infrastructure Funds (CRIF), and other resources during the next 5-year cycle.
b. Sustain: The Center or Institute has demonstrated alignment with University priorities and should continue to operate with similar levels of University support that they have previously received. The Center or Institute meets expectations but is not a marquee initiative for the University. It should strive for continued operational effectiveness through the annual assessment reporting and 5-year Comprehensive Review processes to demonstrate potential for growth and additional funding.
c. Fix: The Center or Institute has demonstrated deficiencies that need to be addressed for continued operation. The Center or Institute must submit its annual assessment report to the Centers and Institutes Approval and Review Committee for increased monitoring until the Center or Institute is able to demonstrate operational effectiveness. It should strive for operational effectiveness through the annual assessment reporting process to demonstrate stability. If the Center or Institute does not demonstrate improvement within the time specified by the Centers and Institutes Executive Council, the Center or Institute risks being closed through the sunset process described below.
d. Sunset: The Center or Institute has deficiencies that either cannot or have not been remedied, and it should be closed. The closure of operation plan must address the following:
i. How to unwind the research and service activities provided by the Center or Institute to minimize the impact upon faculty and staff, the University, and/or the community.
ii. How to utilize any remaining endowment or similar funds in compliance with the Endowment and Similar Funds Management Policy.
iii. How to reallocate and/or dispose of equipment allocated for the operation of the Center or Institute according to the Inventory Control and Surplus Property Policies.
iv. How to address any necessary reductions in force according to the Reduction-In-Force Policy.
e. Alternative Recommendations:
i. Merge with another Center or Institute that has a similar mission.
ii. Fold a Center under a related Institute.
iii. Other alternative recommendations not otherwise specified.
8. The Centers and Institutes Approval and Review Committee submits its recommendation and rationale to the Center or Institute director and senior administrator of the Headquartering Unit.
9. The Center or Institute director has an opportunity to provide a written response to the Centers and Institutes Approval and Review Committee's recommendation.
10. The Centers and Institutes Approval and Review Committee submits a final recommendation based upon the Center or Institute's response along with all Comprehensive Review materials to the Centers and Institutes Executive Council.
11. The Centers and Institutes Executive Council determines whether to approve or reject the Centers and Institutes Approval and Review Committee's recommendation.
Centers/Institutes Required to Undergo an Earlier Review
At any time, the Centers and Institutes Executive Council may require a Center or Institute to undergo a Comprehensive Review regardless of when the Center or Institute is scheduled for its next Comprehensive Review. Generally, an off-cycle review of a Center or Institute is required because of concerns related to the Center or Institute's financial viability, operational effectiveness, leadership, or continued alignment with UofL's mission and strategic priorities. These concerns generally arise from the annual reporting process. However, at any point the Centers and Institutes Executive Council may request any Center or Institute to undergo Comprehensive Review.
If such a request is made, the process shall proceed as follows:
- The Center or Institute is notified by the Centers and Institutes Approval and Review Committee of the off-cycle review request.
- The Center or Institute submits all annual assessment reports filed after the most recent Comprehensive Review to the Centers and Institutes Approval and Review Committee for evaluation.
- Based upon this evaluation, the Centers and Institutes Approval and Review Committee provides a recommendation to the Centers and Institutes Executive Council of whether the Center or Institute should undergo a Comprehensive Review before its next scheduled review.
- The Centers and Institutes Executive Council makes the final determination if the Center or Institute should have their Comprehensive Review schedule changed.
- Centers and Institutes that must undergo an earlier Comprehensive Review are notified by the Centers and Institutes Approval and Review Committee by at least one full semester in advance of their rescheduled Comprehensive Review.
Sunset Procedures
Per the Establishment and Review of Centers and Institutes Policy, Centers or Institutes that are closing must file an official closure of operations plan. The closure of operations plan must address how to utilize any remaining endowment or similar funds in compliance with the Endowment and Similar Funds Management Policy. Additionally, the closure of operations plan must address the reallocation and/or dispossession of equipment allocated for the operation of the Center or Institute according to the Inventory Control and Surplus Property Policies. Finally, the plan must include a transition plan for any Center or Institute funded faculty and staff. This personnel transition plan may include a reduction in force plan in accordance with the Reduction-In-Force (RIF) Policy, as necessary. Official closure of operations plans must be submitted within three (3) months of the Centers and Institutes Executive Council approving a proposal from the Center or Institute to close or approving a determination to sunset a Center or Institute made through the Comprehensive Review process.
The closure of operations plan must be approved by the Centers and Institutes Executive Council after first being reviewed by the senior administrator of the Headquartering Unit and the Centers and Institutes Approval and Review Committee. The senior administrator of the Headquartering Unit and Centers and Institutes Approval and Review Committee provide the Centers and Institutes Executive Council with a non-binding recommendation to ensure minimal institutional impact due to the closure. The Centers and Institutes Executive Council has sole authority to approve the plan. The Centers and Institutes Executive Council recommends the Center or Institute for closure to the BOT, which must approve any closures.
Related Information:
Establishment, Review, and Operation of Centers and Institutes Policy: https://louisville.edu/policies/policies-and-procedures/pageholder/pol-establishment-and-review-of-centers-and-institutes
Centers and Institutes Guidelines:
The University of Louisville Board of Trustees By-Laws: https://louisville.edu/president/boards/board-of-trustees/governance/bylaws
Endowment and Similar Funds Management Policy: https://louisville.edu/policies/policies-and-procedures/pageholder/pol-endowment-and-similar-funds-management
Reduction-In-Force (RIF) Policy: https://louisville.edu/policies/policies-and-procedures/pageholder/pol-reduction-in-force-rif
Inventory Control and Surplus Policies: https://louisville.edu/surplus/policies
Robert's Rules of Order: https://uofl.on.worldcat.org/oclc/1190759264
Policy Reasoning:
The University of Louisville (the "University") Board of Trustees' (BOT) By-Laws state that the BOT Academic and Student Affairs Committee "shall consider all recommendations for academic centers, institutes, degree granting programs and other academic entities" (BOT By-Laws, p. 7). The University recognizes the importance of organizational structures specifically identified as Centers and Institutes to fulfill the University's research and service mission. Furthermore, given the public prominence of these organizational structures as well as the funding and resource mechanisms available to them, the University aims to clarify the process by which these types of organizational structures are approved and regularly reviewed by the Centers and Institutes Executive Council. Additionally, these procedures establish the criteria utilized during the approval and review process.
Definitions:
For this procedure, refer to the Definitions Section of the Establishment and Review of Centers and Institutes Policy to define the following terms:
a. Center/Institute
b. University Research Institute
c. University Research Center
d. University Community Engagement Center
e. Administrative Center
f. Headquartering Unit
g. Core Faculty
h. Affiliate Faculty
Responsibilities:
The Office of Academic Planning and Accountability (OAPA) is responsible for coordinating the Establishment, Review, and Closure of Centers and Institutes Procedures established by the Centers and Institutes Executive Council.
The Executive Vice President and University Provost, Executive Vice President for Research and Innovation, and the Executive Vice President for Health Affairs are responsible for managing, interpreting, and enforcing the Establishment, Review, and Closure of Centers and Institutes Procedures. See the Establishment and Review of Centers and Institutes Policy and associated Centers and Institutes Guidelines for more information.
procedure
Hazardous Gas Leaks
Official University Administrative Policy
Policy Name:
Hazardous Gas Leaks
Effective Date:
January 2003
Policy Number:
DEHS Emergency 2
Policy Statement:
If a gas cylinder or gas piping should begin leaking, or is suspected of leaking, and if in the judgment of the person or persons responsible for such materials it presents any danger to them or other building occupants, the following steps should be taken:
- Immediately notify building occupants to evacuate the area using preplanned evacuation route.
- Notify ULPD at 502.852.6111. Provide the following information:
- Building name and/or number;
- Floor number;
- Room number; and
- Specific type of gas if known.
- Vacate the area and report to the pre-designated safe area.
- Building name and/or number;
- Floor number;
- Room number; and
- Specific type of gas if known.
Make every attempt possible to direct evacuating personnel away from the area. Building occupants are not to return to the building until instructed to do so.
Policy Reasoning:
Natural gas is flammable and in the right concentration explosive. If a leak occurs, the university community should take immediate action to protect themselves from injury.
procedure
Fire Emergencies
Official University Administrative Policy
Policy Name:
Fire Emergencies
Effective Date:
January 2003
Policy Statement:
- Upon discovering a fire, explosion or smoke in the building, activate the fire alarm (if applicable) and notify the occupants of the fire.
- Dial 502-852-6111 or 911.
- Know the building name and address where you are located.
- Immediately evacuate the building using your preplanned evacuation route or nearest exit. Do not use elevators. Evacuation is mandatory.
- If possible, provide assistance to mobility-impaired individuals. If it is not possible for you to assist these individuals, call ULPD at 502-852-6111. Provide accurate location and number of persons requiring assistance.
- Do not attempt to extinguish the fire unless you feel confident the fire is small enough for you to control and are familiar with the proper use of a fire extinguisher.
- Do not re-enter the building or leave the campus until told to do so by the Department Chair, Fire Department personnel, University Fire Marshal, ULPD, or the Building Emergency Coordinator.
- If someone is injured during the fire or evacuation, dial 502-852-6111 or 911.
- Report any damage to the applicable Physical Plant department either directly or through the Department Chair.
Policy Reasoning:
Fires can occur anywhere at anytime. Emergency procedures should be implemented when someone discovers a fire, or a fire alarm system activates.
Official University Administrative Policy
Policy Name:
Asbestos Procedures for Contractor Projects Responsibilities
Effective Date:
December 2007
Policy Number:
DEHS Industrial Hygiene 1
Policy Statement:
Uof L Project Coordinator
- Contact DEHS to identify PACM & ACM at least 2 weeks prior to the beginning of the project. Contact the DEHS for inspection and testing, as mandated by Louisville Metro Air Pollution Control District, well in advance of bringing contractors or subcontractors on site for any demolition/renovation jobs. If ACM or PACM must be disturbed or removed to complete the desired renovation/repair, DEHS will arrange for asbestos removal by qualified personnel.
- Provide documentation of the contractor asbestos awareness class IV training.
- Provide DEHS with an appropriate speed type or work order number to cover the costs of asbestos testing and removal.
- Obtain written verification from the contractor (by signature on this form) that all the contractor's employees and subcontractors working at UofL have been provided asbestos awareness class IV training. Provide verification documentation of training to DEHS.
- Ensure contractors or subcontractors do not disturb ACM or suspect PACM, nor to enter asbestos containment areas until clearance is received from DEHS.
Department of Environmental Health & Safety (DEHS)
- Provide inspection and testing for ACM & PACM upon request of UofL project coordinator.
- Assist UofL project coordinators as needed in determining scope of removal required when ACM must be disturbed.
- Provide asbestos abatement services via in-house or outside contractors utilizing KY state- accredited personnel. Oversee the work of asbestos abatement contractors.
- Provide clearance air monitoring, if required, and communicate results to UofL project coordinator.
- The Department of Environmental Health and Safety, as the University of Louisville representative for asbestos related issues, reserves the right to stop any work that creates the potential for injury to the health of its workers, or the potential for contamination of its facilities, or which is being conducted in an unsafe manner, or is in violation of the applicable regulations.
Policy Reasoning:
Safely handling, working with or working around asbestos, ACM or PACM requires training of site workers (contractors and sub-contractors) as well as approved and qualified remediation contractors. This procedure ensures responsible parties understand the requirements and expectations needed to satisfy asbestos regulatory requirements that effect projects conducted within Jefferson County.
Official University Administrative Policy
Policy Name:
Chemical and Hazardous Waste Pick up
Effective Date:
August 1992
Policy Statement:
DEHS assists University labs by providing free pick up and removal service of waste chemicals.
Please note: If personnel will be submitting more than 30 chemicals for DEHS waste pick up, please contact the Hazardous Waste Coordinator at 502-852-2956 to schedule an on-site waste consult.
Step 1. Attach a DEHS uniquely numbered chemical/hazardous waste label to each waste container. If you have multiple small containers (i.e. ≤50 ml size) that contain the same chemical constituents, it is acceptable to place all the small containers into a 1 gallon jug, ziplock bag or small box and just attach one label to the bag or box.
Note: To obtain DEHS uniquely numbered chemical/hazardous waste labels please contact the Hazardous Waste at 502-852-2956 or visit the DEHS Radiation Safety Office located in Library Commons Room 102.
Step 2. Submit chemical /hazardous waste pick up request via the DEHS Chemical & Hazardous Waste Pick Up form https://louisville.edu/dehs/waste-disposal.
Please note: After form completion and submission, personnel will received an automated "Thank You" reply within 60 seconds. This reply email confirms that the form was properly completed and received by DEHS hazardous waste personnel.
Step 3. Keep waste in lab until DEHS pick up. Do not place chemical waste out in the hallway or in any other unsecured area.
Related Information:
University Waste Disposal Guide https://louisville.edu/dehs/waste-disposal
40 CFR Part 260
Policy Reasoning:
Protection of human health and the environment. Federal, state, and local regulations do not permit the disposal of chemical hazardous waste into the regular trash or waste water treatment system. Federal and state regulations require that the generator of any chemical hazardous waste must make a proper waste determination. Chemical hazardous waste accumulated and stored in a laboratory or other work area must be in accordance with University procedure for Chemical and Hazardous Waste Accumulation. DEHS will collect chemical and hazardous wastes from each generating location at the University upon receipt of a properly completed Chemical Pickup Disposal Pick up Request Form from the generator.
Responsibilities:
Each person in a supervisory or management capacity is responsible for providing and maintaining proper waste management in his or her respective area and for ensuring that all authorized and applicable guidelines contained in this procedure are followed. It is of prime importance that all supervisory personnel understand and accept this responsibility, and take an active role in working with faculty and staff to provide necessary training, and by setting an example for them to follow.
procedure
Earthquake
Official University Administrative Policy
Policy Name:
Earthquake
Policy Statement:
The University of Louisville has established procedures to follow during and after an earthquake:
During the earthquake:
- Stay where you are, get under a desk or table, or stop, drop, and cover. Do not seek cover under tables or benches in laboratories. Chemicals could spill and harm you. If possible, extinguish fires, flames, or other sources of ignition.
- If you are outside, get into an open area away from buildings, power lines, and trees.
- Do not use elevators.
- If you are driving, pull over to the side of the road and stop immediately. Avoid overpasses and power lines. Stay inside the vehicle until the shaking has stopped.
After the earthquake:
- Gather your valuables and leave the building quickly. If necessary, provide assistance to those who have been trapped in the building, including those with mobility impairments or those who are trapped by debris. Gather at the designated meeting location ________________________________. (Fill in the blank)
- If persons are injured or cannot be accounted for, or if you know someone is still trapped in the building, call Public Safety at 502-852-6111. If there is no answer or the line is busy, call local emergency services at 911.
- Check for injuries, but do not move seriously injured people unless the danger in the area is greater than their injuries. Call Public Safety at 502-852-6111. If their line is busy or they do not answer, call 911.
- Remember, a significant earthquake will affect the entire city and county. You may have to fend for yourself and your fellow workers for quite a long time. Render whatever aid you can provide but remember that you are responsible for your personal safety.
- Use telephones only to report emergencies (i.e., gas leaks, fire, injuries).
- Physical Plant or other trained individuals should turn off utilities.
- Never touch downed utility poles or lines. Avoid damaged building equipment.
- Do not use your vehicle unless there is an emergency. Keep the streets clear for emergency vehicles.
- Be prepared for aftershocks. Aftershocks are usually smaller than the main earthquake, but they may be strong enough to topple already damaged buildings.
Official University Administrative Policy
Policy Name:
Investigating and Reporting Potential Violation s of National Institutes of Health Guidelines NIH Guidelines
Effective Date:
April 8 2015
Policy Statement:
Investigation and Reporting Procedures:
Once a potential violation has been identified and reported, the following investigative and reporting procedures should be conducted:
- The receipt of a report of a potential violation of the NIH Guidelines will immediately be brought to the attention of the IBC Chair, the DEHS Director, and BSO. These individuals will select an additional IBC member within 2 business days to constitute a subcommittee to investigate and, where concerns are substantiated, take the appropriate steps to address, correct, and/or resolve the reported concern.
- The subcommittee will contact the PI with notice of the reported potential violation thus initiating the investigation (referred to subsequently as the "incident"). Information related to the incident will be requested from the PI and, if necessary, a meeting with the PI will be scheduled. If the PI does not respond or cooperate with the investigation within 2 business days of initial notification, the incident will escalate up the chain of command (i.e. Department Chair, EVPRI, etc.) until the investigation can be completed.
- Upon completion of the investigation, the subcommittee will determine if a violation of the NIH Guidelines has occurred. The subcommittee will prepare an incident report using the NIH/OBA "Incident Reporting Template" as guidance.
- The IBC Chair will ensure that notification and the incident report signed by the IBC Chair will be sent to the NIH/OBA at the following address and under the conditions described below:
Kathryn Harris, Ph.D., RBP
Senior Outreach and Education Specialist
Office of Biotechnology Activities
National Institutes of Health
6705 Rockledge Drive, Suite 750
Bethesda, MD 20892-7985 (20817 for non USPS mail)
- The following incidents will be reported immediately to the NIH/OBA by the DEHS Director or BSO via email to Kathryn Harris at harriskath@od.nih.gov and a subsequent investigation will be conducted if deemed an exposure. More detailed follow-up reports, if needed, will be sent within 30 days to NIH/OBA at the above address.
- Spills or accidents in BSL-2 laboratory resulting in an overt exposure, injury, or illness.
- Spills or accidents occurring in high containment (BSL-3) laboratory resulting in an overt or potential exposure, injury, or illness.
- It is recommended that the following incidents be reported as soon as possible to the NIH/OBA by the DEHS Director or BSO via email Kathryn Harris at harriskath@od.nih.gov. More detailed follow-up reports, if needed, will be sent within 30 days of incident occurrence to NIH/OBA at the above address.
- Release of a Risk Group 2 or 3 agent/genetic material from a primary containment device (e.g. biological safety cabinet, centrifuge, or primary container into the laboratory).
- Spills or accidents that lead to personal injury or illness or breach of containment (e.g. aerosols released outside of containment).
- Failure to adhere to the containment and biosafety practices described in the NIH Guidelines.
- Any significant incidents of the NIH Guidelines and any significant research-related accidents or illnesses will be submitted within 30 days from notification of the IBC, DEHS Director, or BSO that an incident has occurred. The DEHS Director or BSO will notify NIH/OBA of any incident(s) requiring reporting via email to Kathryn Harris at harriskath@od.nih.gov; a full report, if needed, will be sent to the above address.
- Copies of the incident report and correspondence with the NIH/OBA will be provided to the PI, IBC Chair, EVPRI, DEHS Director, BSO, IBC, Department Chair, and University Counsel.
- The incident report will be openly discussed at the first available meeting convened of the IBC. The IBC Chair will notify the PI of the date of said meeting and request that they advise the IBC Chair if they plan to appear at that meeting. After open discussion of the incident report, the IBC will determine if refinement of University procedures are necessary to prevent future incidents.
Related Information:
UofL Institutional Biosafety Committee (IBC)
The NIH Guidelines for Research Involving Recombinant or Synthetic Nucleic Acid Molecules (NIH Guidelines) detail safety practices and containment procedures for basic and clinical research involving recombinant or synthetic nucleic acid molecules, including the creation and use of organisms and viruses containing recombinant or synthetic nucleic acid molecules.
Policy Reasoning:
The University of Louisville is required to report violations of the National Institutes of Health (NIH) Guidelines for Research Involving Recombinant or Synthetic Nucleic Acid Molecules (NIH Guidelines) to the NIH/Office of Biotechnology Activities (OBA). This document outlines the process for investigating potential violations and the reporting requirements.
Definitions:
Recombinant and synthetic nucleic acids are defined in the context of the NIH Guidelines as:
- Molecules that (a) are constructed by joining nucleic acid molecules and (b) that can replicate in a living cell (i.e. rDNA);
- Nucleic acid molecules that are chemically or by other means synthesized or amplified, including those that are chemically or otherwise modified but can base pair with naturally occurring nucleic acid molecules (i.e. SNA); or
- Molecules that result from the replication of those described in the previous two bullets above.
Potential violations of the NIH Guidelines may include, but are not limited to, the following:
- Any significant research related accident, illness, or violation of the NIH Guidelines;
- Spills or accidents resulting in overt exposure (e.g. skin punctures with needles containing rDNA or SNA, exposure of broken skin or mucous membranes), injury, or illness at Biosafety Level 2 (BSL-2);
- Spills or accidents occurring in Biosafety Level 3 (BSL-3) laboratories outside of a biosafety cabinet resulting in an overt or potential exposure, injury, or illness;
- Violations of the NIH Guidelines containment or biosafety practices, or significant problems leading to a breach of containment (including improper disposal of rDNA or SNA materials or escape of a transgenic animal);
- Failure to register and/or obtain approval of the IBC prior to initiation of research and/or clinical studies involving rDNA or SNA;
- Significant changes to proposed research risk without prior notification and approval by IBC;
- Failure to renew a registration and obtain IBC review and approval, prior to the expiration date, for research and/or clinical studies involving rDNA or SNA (i.e. lapse in protocol approval); or
- Failure to comply with institutional and federal regulations, guidelines, and policies that result in an unsafe condition pertinent to the use of rDNA or SNA.
Responsibilities:
Reporting Responsibilities and Procedures
It is the responsibility of PIs, researchers, instructors, laboratory/clinical managers, students, or other personnel who work in a laboratory or clinic utilizing rDNA or SNA to report any potential violation of the NIH Guidelines. Allegations regarding a potential violation of the NIH Guidelines can be reported through several different routes:
- Anonymous Reporting: Any student, staff, or faculty member can in good faith report real or perceived University-related misconduct or potential non-compliance to the University's Compliance Hotline toll free at 1-877-852-1167 or online through ULink "Compliance Hotline Reporting". Protection for employees who report non-compliance is available through the University's Duty to Report and Non-Retaliation Policy.
- Verbal Reporting: A verbal report with information that a potential violation of the NIH Guidelines has occurred may be made to the IBC Chair or any IBC member using contact information from the IBC Roster located on the DEHS website (https://louisville.edu/dehs/biological-safety) and/or by calling DEHS at (502) 852-6670.
- Written Reporting: A written report with information that a potential violation of the NIH Guidelines has occurred may be made to the IBC Chair, any IBC member, and/or DEHS through he Biosafe service account at biosafe@louisville.edu.
procedure
Lighting Waste Recycling
Official University Administrative Policy
Policy Name:
Lighting Waste Recycling
Policy Statement:
The University of Louisville has established the following procedure for used lamp recycling:
Step 1: Select a single location within your department to place used lamps. Ideal location would be an area where lamps would be safe from breakage and an area where other recyclables are accumulated.
Step 2: Place used lamps whenever possible in its original package or like-packaging to minimize breakage. Mark collection container with the words "Used Lamps" or "Waste Lamps", or "Universal Waste Lamps" and the date the lamp was taken out of service.
NOTE: Federal EPA regulations require used lamps to be protected from breakage and the collection container kept securely closed, unless adding used lamps to the container. Used lamps should not be stored for more than 1 year. Even if container is not full, request it to be emptied at the end of each semester.
Step 3: Announce to your department via e-mail that your department group has a used lamp recycling container and provide its location information.
Step 4: Place used lamps into your designated lamp recycling container.
Step 5: When recycling container is near full, or at the end of semester, submit a Battery & Lamp Pick-up request via online form at https://louisville.edu/dehs/waste-disposal.
Physical Plant Electricians and Zone Maintenance personnel collect and transport lighting wastes generated by routine service and maintenance operations to the designated DEHS managed accumulation site.
IMPORTANT: Broken lamps should be contained (i.e. in a closed box or bag) the container must be marked or labeled as "Hazardous Waste - Broken Lamp contains Mercury - Toxic" and separated from unbroken lamps. A pick up request should be submitted to the Department of Environmental Health & Safety (DEHS) Hazardous Waste Coordinator on-line Chemical & Hazardous Waste pick up form at https://louisville.edu/dehs/waste-disposal.
Related Information:
Types of Lamps accepted: All types, including but not limited to the following: fluorescent light tubes, halogen, incandescent, compact fluorescent, circular, U-bend, high intensity discharge (HID), mercury, Neon, xenon, LED, and UV lamps.
Questions or comments about the used lamp recycling program can be directed to Department of Environmental Health & Safety at 502-852-6670.
Policy Reasoning:
Used lamps contain toxic material and if not managed properly can contaminate our environment and impact human health. Federal and state universal waste regulations require businesses to ensure used lamps are recycled and/or disposed promptly (within 1 year of taken out of service) and properly (40 CFR Part 273).
Official University Administrative Policy
Policy Name:
Medical Biological Waste Segregation
Policy Statement:
Medical waste that must be incinerated (pathological waste, BSL-3, Category A [inactivated], select agent, chemotherapeutic) must be separated from all other lab biological and medical waste. All other medical/biological waste can be disposed via off-site vendor steam sterilization.
Medical Wastes Acceptable for Autoclave (Vendor White-colored bar code label)
The following wastes will be sent off-site for disposal via steam sterilization (autoclave) and landfill. Waste containers will be bar-coded with a Stericycle white-colored label.
- Bio-hazardous biological waste.
- Bio-hazardous waste containing Infectious Category A or select agent, which have been inactivated in-house using a validated method, respectively.
- Sharps.
These items shall be placed in a puncture-resistant container with universal biohazard symbol. Full sharps containers shall be securely closed prior to placement into a red bagged lined bio-hazardous waste container.
Medical Wastes that Require Incineration (Vendor Yellow-colored bar code label)
The following wastes will be sent off-site for disposal via medical waste incineration. Waste containers will be bar-coded with a Stericycle yellow-colored label. To obtain yellow-colored bar code labels, contact the Department of Environmental Health and Safety (DEHS) Hazardous Waste Coordinator at 502-852-2956.
- Pathological (Animal or Human Related)
Labs that generate animal carcass and parts waste should bag and take waste to an RRF location for disposal. For the disposal of human specimen parts obtained from the ASNB Fresh Tissue Lab, in accordance with their program policy, all specimens must be returned to the Fresh Tissue Lab. Gross Anatomy Lab wastes will continue to be managed for disposal by the Body Bequeathal program.
If your lab generates pathological waste (either human or animal) that does not or cannot be disposed through the CMRU or Fresh Tissue Lab, contact the DEHS Hazardous Waste Coordinator at 502-852-2956 for assistance.
DEHS stream-lines the collection of pathological wastes, such as human and animal parts and specimens, generated by university labs. DEHS is also working with the Comparative Medicine Research Unit (CMRU) to stream-line the disposal of all non-fixed animal carcasses and parts. - Trace Chemotherapeutic Drugs
University labs that generate waste containing chemotherapeutic drugs, should contact DEHS Hazardous Waste Coordinator at 502-852-2956 for further assistance.
Dental School Clinics
The Dental School clinics should follow policy and procedures set up by Dental Infection Control personnel. Stericycle bar code labels can be obtained from the Dental School Infection Control Office.
Policy Reasoning:
The cost for the incineration of medical and bio-hazardous waste has exponentially increased. Due to increased costs for the incineration of medical (aka biological, infectious waste), university labs, and clinics are required to follow medical waste segregation guidelines.
Definitions:
Bio-hazardous biological waste (that does not contain Category A6, CDC select agent, or RG-3 material) - is material derived from the research and medical treatment of an animal or human, which includes diagnosis and immunization, or from biomedical research, which includes production and testing of biological products. Examples of bio-hazardous waste: tissue culture, microbial cultures and stocks of etiologic agents or recombinant nucleic acids or transgenic materials (plant or animal).
Sharps (that does not contain Category A6, CDC select agent, or RG-3 material) - Examples of sharps: needles, syringes with attached needles, capillary tubes, slides and cover slips, broken glass, broken rigid plastic, exposed ends of dental wire, scalpel blades, and razor blades.
procedure
Reporting a Radioactive Spill
Official University Administrative Policy
Policy Name:
Reporting a Radioactive Spill
Effective Date:
Unknown
Policy Statement:
To report a radioactive spill, contact the Radiation Safety Office at 502-852-5231. If the Radiation Safety Office is closed or cannot be reached, please contact the Department of Public Safety (DPS) at 502-852-6111. Be prepared to provide the following information:
- Location of the spill.
- Nuclide that was spilled.
- Approximate amount of spilled material.
- On what type of surface did the spill occur.
- Your name and the name of the authorized user.
- Number you are calling from.
Incidents must be reported to the Radiation Safety Office as soon as possible. Call the Radiation Safety Office immediately for the following types of spills:
- Any major spill of radioactive material.
- Contamination of personnel with radioactive material.
- Suspected human intake of radioactive material.
- Potential exposure of individuals to excessive amounts of radiation.
- Theft or loss of radioactive material.
- Accidental releases of radioactive material into the air or water.
Some radiation accidents may be reportable to the Kentucky Radiation Control Board and/or other regulatory agencies. The Radiation Safety Office will determine the reporting responsibilities.
Immediate actions you should take:
Minor Spills
Hazard: Low.
Immediate actions:
- Notify all persons in the room.
- Confine spill immediately.
- Decontaminate (see procedures in Radioactive Material Users Guide).
- Follow-up: Survey personnel, equipment and area.
Major Spill (Usually involving millicurie amounts)
Hazard: Radiation and contamination hazard may be high.
Immediate Actions:
- Notify all persons in the room.
- Confine spill immediately.
- Barricade area of contamination.
- Notify Radiation Safety Office at 502-852-5231 (off hours: Notify DPS at 502-852-6111).
- Decontaminate (see procedures in Radioactive Material Users Guide, Radiation Safety Officer may supervise).
- Follow-up: Further decontamination may be necessary as determined.
Spills Involving External Contamination
Hazard: Potential hazard greatest with wounds.
Immediate Actions:
- Flush wounds and eyes, wash skin with soap and water.
- Prompt action is necessary to minimize radiation dose and uptake.
- Notify Radiation Safety Office at 502-852-5231 (off hours: Notify DPS at 502-852-6111).
- Follow-up: For additional decontamination information, see the Radioactive Material Users Guide.
Accidental intake of radioactivity (swallowing, inhaling)
Hazard: Hazards varies with uptake and toxicity of isotope.
Immediate Actions:
- Contact Radiation Safety Office immediately at 502-852-5231. (off hours: Notify DPS at 502-852-6111).
- Actions vary depending on radioisotope and chemical form.
Fires involving radioactivity
Hazard: Internal hazard from airborne activity. Contamination may be spread by firefighting efforts.
Immediate Actions:
- Notify all persons in the area.
- Activate nearest fire alarm.
- Notify DPS at 502-852-6111.
- Notify Radiation Safety Office at 502-852-5231.
- Follow-up: After fire is extinguished, decontaminate under the supervision of the Radiation Safety Office.
Spills involving airborne radioactivity
Hazard: Uptake of radioactive material is possible, contamination easily spread.
Immediate Actions:
- Shut off source of contamination, if possible.
- Notify others to vacate the area.
- Shut windows and doors.
- Call the Radiation Safety Office at 502-852-5231 (off hours: Notify DPS at 502-852-6111).
- Notify Physical Plant at 502-852-5696 to shut off HVAC system.
- Follow-up: Do not re-enter area. Further decontamination may be necessary.
Radioactive Spill Clean-up
- Maximum permissible contamination levels are: 2000dpm/100cm2. All areas must be cleaned and wipe tested until removable contamination is below this limit. For all nuclides except iodine which is 200 dpm/100cm2.
- The authorized user is responsible for providing personnel to clean up any contamination which results from work conducted under his/her authorization.
- All spills must be cleaned up immediately.
- All spills must be reported to the Radiation Safety Office at 502-852-5231.
- Custodial personnel shall not be used for clean-up of contamination.
- The Radiation Safety Office will monitor and supervise the clean-up of all major spills and accidents.
Related Information:
Pre-planning to Prevent or Minimize Radioactive Spills
Pre-planning is the best way to prevent spills or control them when they do happen. DEHS will assist you in conducting emergency planning for your area. Contact the Environmental Operation & Hazardous Materials Manager for assistance. Assistance in pre-planning for radioactive emergencies in your laboratory can be obtained from DEHS by contacting the Radiation Safety Officer.
Radioactive Spill Response Equipment
Any area that uses radioactive material on a regular basis should consider having the following items readily available for cleaning up spills:
- Absorbent material to control the spread of contamination.
- Shoe covers and gloves.
- Decontaminant solutions for skin and/or surfaces.
- Cleaning supplies: paper towels, soft bristle brush and mild soap or detergent.
- Plastic bags with labels for waste collected during clean-up.
- Tape or signs to mark off contaminated areas.
Radioactive Material Users Guide
Responsibilities:
The Radiation Safety Office will determine the reporting responsibilities.
Official University Administrative Policy
Policy Name:
Hydrofluoric Acid Emergency Response
Policy Statement:
SKIN CONTACT
- Move victim immediately under an emergency shower or other water source and flush affected area with large amounts of water. Remember to start flushing before removing clothing. Speed and thoroughness in washing is critical.
- Carefully remove all contaminated clothing while continuing to flush affected area with water.
- Continue to rinse affected, unclothed area for 5 minutes. While victim is being rinsed, someone should:
- Contact Public Safety at extension 502-852-6111.
- State there has been a person exposed to hydrofluoric acid.
- State their location.
- Public Safety should arrange for subsequent transport to a medical facility.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
- Immediately after thorough washing, start massaging 2.5% calcium gluconate gel into the affected skin area. Neoprene or nitrile gloves should be worn (not latex) while applying the gel to prevent possible secondary exposures. Liberally apply gel often and massage the burn site continuously.
- While affected areas are being treated with calcium gluconate gel, the victim should be thoroughly examined for other burn sites that may have been overlooked.
- Medical personnel should see the victim for follow-up care as soon as possible. During transport to medical facility or while waiting for emergency response, continue massaging burn sites with calcium gluconate gel. Try to keep burned areas elevated while in transport.
- Contact Public Safety at extension 502-852-6111.
- State there has been a person exposed to hydrofluoric acid.
- State their location.
- Public Safety should arrange for subsequent transport to a medical facility.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
EYE CONTACT
- Move victim immediately to an emergency eyewash station and flush eyes gently with large amounts of water for at least 15 minutes. To aid in thorough cleansing, hold eyelids open and away from the eye while washing.
- If the victim is wearing contact lenses, have the victim remove them if possible. Removal of contact lenses should not delay or interrupt flushing.
- While victim's eyes are being flushed, someone should:
- Contact Public Safety at extension 502-852-6111.
- State there has been a person with an eye exposure to hydrofluoric acid.
- State their location.
- Public Safety should arrange for subsequent treatment or emergency response.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
- Medical personnel, preferably an eye specialist, should see the victim as soon as possible. During transport to medical facility, ice water compresses may be gently applied to the eyes.
- Do not use 2.5% calcium gluconate gel in eyes.
- Contact Public Safety at extension 502-852-6111.
- State there has been a person with an eye exposure to hydrofluoric acid.
- State their location.
- Public Safety should arrange for subsequent treatment or emergency response.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
INHALATION OF VAPORS
- Move victim immediately to an area with fresh air. Keep victim calm and comfortable.
- While victim is breathing fresh air, someone should:
- Contact Public Safety at extension 502-852-6111.
- State there has been a person who has inhaled hydrofluoric acid vapor.
- State their location.
- Public Safety should arrange for subsequent treatment or emergency response.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
- Medical personnel should see the victim as soon as possible.
- Contact Public Safety at extension 502-852-6111.
- State there has been a person who has inhaled hydrofluoric acid vapor.
- State their location.
- Public Safety should arrange for subsequent treatment or emergency response.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
INGESTION
- If the victim is conscious, have them immediately drink large amounts of water as quickly as possible. This may help to dilute the acid. Milk or an antacid tablet taken with water may also help in providing an antidote effect.
- While the victim is ingesting water, someone should:
- Contact Public Safety at extension 502-852-6111.
- State there has been a person who has ingested hydrofluoric acid.
- State their location.
- Public Safety should arrange for subsequent treatment or emergency response.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
- Medical personnel should see the victim immediately because HF ingestion is a life-threatening emergency.
- Contact Public Safety at extension 502-852-6111.
- State there has been a person who has ingested hydrofluoric acid.
- State their location.
- Public Safety should arrange for subsequent treatment or emergency response.
- Obtain a hydrofluoric acid MSDS and send it with victim to medical facility.
Questions? Call the University of Louisville Department of Environmental Health and Safety at 502-852-6670.
Policy Reasoning:
Special hazards are associated with exposure to hydrofluoric acid. Medical Care must be provided in the event of exposure even if the exposed area is small or the acid is diluted. Medical treatment must not be delayed.
Definitions:
Hydrofluoric Acid: An acidic and extremely corrosive solution of the liquid hydrogen fluoride in water.
procedure
After the Emergency
Official University Administrative Policy
Policy Name:
After the Emergency
Policy Statement:
Whether an emergency is weather related, workplace violence, or a fire, appropriate actions must be taken to ensure that administrative procedures are followed to protect the facility.
After a Workplace Injury or Illness
If an individual is injured or becomes ill due to the workplace environment, follow these procedures:
- Ensure that the individual has received appropriate medical care.
- Notify the individual's immediate supervisor of the injury/illness and the surrounding events.
- Ensure that a Workers' Comp Claim Form is completed documenting the injury or illness as soon as possible.
Damage to your Building
If your building has received damage during an emergency, you should take the following actions:
1. Notify Physical Plant of the damage and the need to repair the facility on an emergency basis.
- Belknap Campus……………………..….……502-852-6242
- Shelby Campus……………………..…….……502-852-5601
- Health Sciences Center Campus….…502-852-5695
(Office hours 8:00 a.m. to 4:30 p.m., after hours call University Police at 502-852-6111)
2. Notify Risk Management at 502-852-6925 of the damage and assist them in recording and documenting the damage. (Office hours 8:00 a.m. to 4:30 p.m., after hours call University Police at 502-852-6111)
Related Information:
Workers' Compensation Information
Workers' Compensation Policy
Official University Administrative Policy
Policy Name:
Laboratory Building Chemical Spills
Policy Statement:
If the individuals responsible for the material feel the chemical spill poses an immediate threat to themselves or others, the following procedures shall apply.
- Immediately notify building occupants in the area where the spill has occurred. Notify the local fire department at 911. Also ensure that the ventilation system for the building is shut down. Request Public Safety shut down the HVAC system for your building. Give the following information:
- Building name and/or number.
- Floor number.
- Room number.
- Type of incident.
- Chemical(s) involved (if known).
- Estimate volume of material(s) involved.
- If you are in the immediate area of the chemical emergency, vacate the area and report to the pre-designated safe area ____________________. (Fill in the blank) Make every attempt possible to direct evacuating personnel away from the immediate spill area.
- If you come into physical contact with the spilled material, immediately remove any contaminated clothing and flush all areas of bodily contact with large amounts of water for 15 minutes. Use a safety shower if one is available.
- Ensure that medical assistance is obtained for those injured or exposed. Call 911.
- Building name and/or number.
- Floor number.
- Room number.
- Type of incident.
- Chemical(s) involved (if known).
- Estimate volume of material(s) involved.
If the individuals responsible for the chemicals feel the chemical spill does not pose a threat to themselves or others, the following procedures should apply.
- Immediately notify the Building Emergency Coordinator (BEC) and the Department of Environmental Health and Safety at 502-852-6670. If DEHS does not answer or if it is after normal business hours, contact Public Safety at 502-852-6111 to report the chemical emergency. Give the following information:
- Building name and/or number.
- Floor number.
- Room number.
- Type of incident.
- Chemicals involved.
- Estimate volume of material(s) involved.
- If you are thoroughly familiar with the hazards of the spilled material, have been trained to confine and clean up spills, and have access to appropriate personal protective clothing and equipment, attempt to confine the spread of the spill as much as possible.
- If you come into physical contact with the spilled material, remove any contaminated clothing immediately and flush all affected areas with large amounts of water for at least 15 minutes. Use a safety shower if one is available.
- DEHS will notify the appropriate response agencies and assist in the cleanup of the release materials.
- Building name and/or number.
- Floor number.
- Room number.
- Type of incident.
- Chemicals involved.
- Estimate volume of material(s) involved.
Official University Administrative Policy
Policy Name:
Responding to Violations of University of Louisville Research Policies
Effective Date:
July 1 2003
Policy Number:
RES 1 02a
Policy Statement:
When warranted, the Executive Vice President for Research and Innovation, or designee, may empanel an Inquiry Committee to determine whether a finding of questionable or unacceptable research practices is justified. The Inquiry Committee shall be an ad hoc committee consisting of three (3) members. They will have seniority and experience at the University of Louisville and shall be individuals with no real or apparent conflicts of interest in the case, are unbiased, and possessed of the necessary expertise to evaluate the evidence and issues related to the reported instance of questionable or unacceptable research practices, to interview the principals and key witnesses, and conduct the inquiry. The members may themselves be researchers or subject matter experts, be administrators, have legal training, or be otherwise qualified to serve as committee members. The Executive Vice President for Research and Innovation, or designee, shall make the appointments, following consultation with the appropriate vice president(s), dean(s), and chair(s).
The purpose of the inquiry is to explore in detail the reported instance of questionable or unacceptable research practices and to examine the evidence in depth, and to determine specifically whether questionable or unacceptable research practices have been committed, by whom, and to what extent. The inquiry will also determine whether there are additional instances of possible questionable or unacceptable research practices that would justify broadening the scope beyond the initial report. This may be particularly appropriate where the reported instance of questionable or unacceptable research practices involves clinical trials or potential harm to human subjects or the general public or if it affects research that forms the basis for public policy, clinical practice, or public health practice.
The inquiry will normally involve examination of all documents including, but not necessarily limited to, relevant research records, computer files, proposals, manuscripts, publications, correspondence, memoranda, and notes of telephone calls. At a minimum, the Inquiry Committee should interview the complainant/whistleblower, the respondent, and other individuals who might have information regarding the reported instance of questionable or unacceptable research practices. The inquiry will be conducted in a timely and confidential manner.
The Inquiry Committee will generate a report detailing the outcome of the inquiry and forward it to the Executive Vice President for Research and Innovation, or designee. The report should contain the following elements: background information; description of the reported instance of questionable or unacceptable research practices; the inquiry process, findings, conclusions and recommendations regarding each reported instance of questionable or unacceptable research practices; the need, if any, for referral of any issue considered research misconduct to the Research Integrity Ombudsperson; and recommended sanctions or other actions, if any. The report should describe the policies and procedures under which the inquiry was conducted, describe how and from whom information relevant to the inquiry was obtained.
When there is a finding of questionable or unacceptable research practices, the Executive Vice President for Research and Innovation, or designee. shall determine whether sanctions will be imposed and the nature of those sanctions. The Executive Vice President for Research and Innovation, or designee, shall consult with legal counsel as needed and any other individuals necessary before reaching a decision as to appropriate action. Campus officials designated by the Executive Vice President for Research and Innovation, or designee, will implement the approved sanctions and provide documentation to that effect.
In instances where an official compliance committee (e.g., IACUC, IBC, IRB, CRB, etc.) has reviewed and made a determination of non-compliance, the Executive Vice President for Research and Innovation may accept those findings in lieu of charging a panel and move straight to appropriate corrective action.
Related Information:
RES-1.02 Policy for Responding to Violations of University of Louisville Research Policies
Responsibilities:
All members of the university community with knowledge or reasonable suspicion of any violations of or non-compliance with research policies should be promptly reported to the Executive Vice President for Research and Innovation.
The Executive Vice President for Research and Innovation, or designee will be responsible for communicating the report to the appropriate vice president, dean, chair, or unit head for the department or unit in which the violation or non-compliance has occurred and, if applicable, any other compliance oversight office of the University.
The Executive Vice President for Research and Innovation, or designee, will be responsible for conducting an inquiry into the reported violations to determine whether a finding of questionable or unacceptable research practices is warranted.
Official University Administrative Policy
Policy Name:
Proper Disposal of Empty Non Refillable Cylinders
Policy Statement:
To properly dispose of empty non-refillable cylinders (such as propane, butane, MAPP gas, and calibration gases):
Step 1 - Put on safety glasses or goggles before you begin.
Step 2 - Attach hand torch to cylinder. Depress ignitor to verify cylinder is empty.
Step 3 - Using tire core tool, remove fill port stem.
Step 4 - Deface product label. Mark as "EMPTY".
Step 5 - Discard cylinder into regular trash can.
This procedure should not be used on any partially-used cylinders or aerosol cans. Additionally, this procedure cannot be used on empty cylinders of poisonous gas, pyrophoric gas, or ammonia. All of these cylinders, as well as partially-filled aerosol cans, must be turned in to DEHS for chemical waste disposal. All refillable-type cylinders should be returned to supplier.
Related Information:
Please direct questions and/or concerns to DEHS Hazardous Waste Coordinator at 502-852-2956 or 502-852-6670.
Official University Administrative Policy
Policy Name:
Chemical and Hazardous Waste Satellite Accumulation
Policy Statement:
ALL hazardous wastes generated in a laboratory, clinic, research facility or department ("satellite accumulation area") and accumulated for disposal MUST meet this procedure requirement.
Follow the four L's:
Label
Each chemical hazardous waste collection container must be marked with the words "Hazardous Waste + Chemical name(s) in waste + inherent hazard of waste". For example: Hazardous Waste Acetone - Flammable.
Link to download and print DEHS Hazardous Waste 4L labelhttps://louisville.edu/dehs/waste-disposal.
All mixtures of chemical wastes MUST be compatible.
Lid
Chemical and hazardous waste containers MUST ALWAYS be closed except when adding or removing waste.
Chemical and hazardous waste containers MUST be in good condition (i.e. no rust, cracks, etc) Lid must fit securely (no foil or parafilm allowed).
Waste containers MUST be compatible with the waste and approved to hold chemicals (i.e. no food or beverage containers).
Location
Chemical and hazardous waste generated in your area MUST stay in your area during the waste accumulation period. The waste must stay in control of the operator; this means you cannot pass through a doorway to get to your waste collection container.
Limit
Accumulation of "physical characteristic" (e.g. flammable, corrosive, non-acute toxic) chemical waste in any laboratory or work area SHALL NOT EXCEED 50-gallons (189 liters) or 400 pounds (181 kilograms) at any time.
Accumulation of acutely hazardous waste (EPA "P-Listed") in any laboratory or work area SHALL NOT EXCEED one quart (1 liter ) or 2.2 pounds (1 kilogram) at any time.
Related Information:
The storage of hazardous waste is strictly regulated by the federal Resource Conservation and Recovery Act (RCRA). These complicated regulations are enforced by the Kentucky Department of Environmental Protection and USEPA.
University Waste Disposal Guide
40 CFR Part 260
Detailed information on University policies and procedures for identifying, handling, and disposing of hazardous wastes are contained in UofL's Disposal Guide on the web at https://louisville.edu/dehs/waste-disposal.
Call DEHS at 502-852-2956 or 502-852-6670 if you have any questions about hazardous waste management.
Policy Reasoning:
Protection of human health and the environment. Federal, state, and local regulations do not permit the disposal of chemical hazardous waste into the regular trash or waste water treatment system.
Official University Administrative Policy
Policy Name:
Charging Direct Costs to Sponsored Programs
Effective Date:
January 1 2017
Policy Number:
RES 2 06a
Policy Statement:
I) Introduction
All direct costs charged to sponsored programs must be charged in a timely manner and must be:
- Allowable: under both the provisions of federal guidance AND the terms of a specific award/agreement;
- Allocable: the expense can be associated to a project or program with a high degree of accuracy and in accordance with relative benefits received;
- Necessary: costs must be necessary and directly related to the performance of the sponsored program;
- Reasonable: the cost reflects what a "prudent person" would pay in a similar circumstance; and
- Adequately Documented.
Any expense that does not meet all of these criteria cannot be charged to a sponsored program.
II) Budgeting and Classification of Direct Costs
An expense is a "direct cost" if that expense can be identified specifically with a particular sponsored program or other activity with a high degree of accuracy. "Indirect costs" (sometimes referred to as facilities and administrative (F&A) costs or overhead) are costs that benefit many activities (e.g., administrative costs, building operations and maintenance, IT expenses, security, etc.). "Indirect costs" represent real costs and are recovered through the University's federally negotiated rate agreement. Costs incurred for the same purpose in like circumstances must be treated consistently as either direct costs or indirect costs.
Typical direct costs that may be charged to a sponsored program include, the compensation of technical staff who work on the project, laboratory supplies (e.g., chemicals), special purpose equipment, animals, animal care costs, and travel costs. Indirect costs that typically cannot be charged directly to a sponsored program include, general and office supplies, photocopies, postage, local telephone costs, and the compensation of administrative and clerical personnel.
The Direct Cost Allowability Matrix provides authoritative guidance regarding the allowability of specific costs as direct charges to sponsored programs. Principal Investigators (PIs) are responsible for ensuring that all costs included as direct costs in proposal budgets comply with the Direct Costs on Externally Sponsored Programs policy.
As mentioned above, costs must consistently be treated as direct expenses or indirect costs when the costs are incurred for similar purposes and circumstances. However, in some instances ("unlike purpose and circumstance"), costs normally considered indirect costs may be allowable as direct costs if they meet all three of the following criteria:
- An unlike circumstance exists in which a sponsored program requires resources beyond those normally expected for a typical sponsored program;
- The costs can be associated with the specific sponsored program with a high degree of accuracy; and
- The sponsor has approved the cost as a direct expense in the awarded budget. For any such cost that was not included in the awarded budget, the Principal Investigator must provide contemporaneous justification as to how the cost is used to meet the technical needs of the sponsored program and its relevance to the methods used in conducting the project. All such costs at and above $1,000 require written sponsor approval prior to expenditure.*
* Please refer to the Direct Cost Allowability Matrix for additional information.
When preparing proposals/applications for sponsored programs, the Principal Investigator should develop and submit a detailed budget and budget justification including salaries and wages, fringe benefits, travel, supplies, and other direct costs. When "unlike purposes and circumstances" exist and the PI wishes to charge costs typically categorized as indirect costs to the sponsored program as direct costs, these costs must be explicitly included and justified in the budget narrative. Only those direct costs that are included in an approved budget should be charged to an award as direct costs. If a cost requires institutional and/or sponsor prior approval after an award is made, that approval must be secured before the cost is incurred. Any cost typically categorized as an indirect cost that is not included in the awarded budget requires prior written sponsor approval, if significant.
When budgeting for the compensation of administrative and clerical personnel (typically treated as indirect costs), Principal Investigators should follow the Guidance for Direct Charging of Administrative and Clerical Salaries to Sponsored Programs.
For projects with non-federal sponsors that permit the direct charging of costs typically categorized as indirect costs (e.g., administrative costs): All costs that can be specifically identified with the sponsored program should be budgeted and adequately justified in the proposal.
III) Justifying Proposed Costs
All costs typically categorized as indirect costs that are included as direct costs in a proposal budget must be explicitly justified in the budget narrative. When justifying such costs, Principal Investigators should consider and address the following issues:
- How does the proposed cost meet a specific need of the project? What is the benefit of the cost to the project?
- Considering that all sponsored programs require a certain amount of indirect costs (e.g., personnel to perform account reconciliation, general correspondence, telephone use, office supplies, etc.), how does the proposed cost differ from the standard level expected for all sponsored programs?
- When including costs for administrative and clerical personnel: Is the nature of the work different from the general administrative work conducted for all sponsored programs? Are the costs necessary to meet the technical aims and objectives of the award rather than to support the administrative needs?
- When including costs for general and/or office supplies: How will these items be used to meet the objectives of the sponsored program? Explain in detail their relevance to the methods used in conducting the project.
- Can the proposed costs be easily and accurately documented as allowable on and allocable to the sponsored program? How will this be done? For example, an administrator working full-time on a sponsored program can be allocated easily and accurately to the project. However, if that person works on five or more projects, it will be difficult to accurately document the relative benefit to any one specific project.
IV) Charging Direct Expenses
Principal Investigators are responsible for ensuring that all direct costs charged to sponsored programs comply with the Direct Costs on Externally Sponsored Programs policy.
An award for a sponsored program will include a budget approved by the sponsor. Upon receipt of an award, the Principal Investigator will be requested to disclose and justify any costs - that are typically treated as indirect costs - which he/she plans to charge to the award as direct costs via the Cost Accounting Standard (CAS) disclosure form. Only those costs that are included in the approved budget and/or documented on an approved CAS disclosure form should be charged to the award as direct costs.
Typically, a sponsored program will recover Facilities and Administrative (F&A) costs through the application of the University's federally negotiated rate. A percentage of these recovered costs is provided to Principal Investigators and Co-Investigators via Individual Research Infrastructure Funds (RIF). Any/All costs that are not included in an approved budget and/or CAS disclosure should be charged to RIF accounts or other unrestricted, non-sponsored program accounts.
All direct costs charged to sponsored programs must be charged in a timely manner. Certain direct charging practices are unacceptable including:
- Purchasing items simply to use an unobligated balance (e.g., Purchasing supplies or equipment at the end of a sponsored program).
- Rotating costs among multiple sponsored programs.
- Charging the budgeted amount (in contrast to charging an amount based on actual costs/usage).
- Assigning charges to a sponsored program before the cost is incurred (except as an encumbrance).
- Charging an expense exclusively to a sponsored program when the expense supports multiple activities/projects.
- Applying a "departmental tax" to projects for any reason.
V) Allocating Direct Expenses
Whenever possible, specific direct costs should be individually charged to a specific sponsored program. When it is not possible or efficient to determine how much of a cost is used for each sponsored program, allocation of the expense is appropriate. Allocation is the process of assigning a cost to one or more projects or activities in reasonable and realistic proportion to the benefit provided to each individual project or activity.
Allocation methodologies should meet all of the following criteria:
- The allocation should provide a reasonable linkage between the direct cost incurred and the benefit to each specific sponsored program.
- The allocation methodology should be identified in advance and documented in a way that a person unfamiliar with the management of sponsored programs would understand.
- Each allocation methodology should be applied consistently for similar costs.
- The allocation methodology should be reviewed and adjusted periodically.
Once an allocation methodology has been determined, it must be documented and the documentation retained by the Principal Investigator and/or department/center/institute. Documentation should include the costs to be allocated and the basis for distribution, including any justification and calculations.
Allocation methodology best practices include:
- Ensure that the allocation methodology is documented prior to, or contemporaneously with, the costs being incurred and allocated.
- When using percentages in allocation calculations, use actual figures as opposed to backing into a percentage based upon availability of funds.
- Document how measures, such as headcount, logically relate to the costs being allocated and the benefit received by the project.
- Retain the supporting documentation in the department (in accordance with the University's Retention of Records policy) so it is available for review and audit.
- Review allocation methodologies periodically to ensure they are reasonable.
- Do not use any allocation methodology that is based on available sponsored funds, budgets, or to avoid restrictions imposed by law, terms of the sponsored program, or for other reasons of convenience.
- Do not allocate expenses after the fact by use of cost transfers without appropriate documentation and justification.
VI) Documenting and Justifying Direct Expenses
Holistic documentation is required to justify any and all expenses charged to a sponsored program. The backup documentation for expenditures should be adequate to support and justify that:
- The expense provides a direct benefit to the sponsored program.
- The expense complies with any award restrictions and approval requirements outlined in the terms and conditions of the award.
- If applicable, the expense qualifies as "unlike purpose and circumstance" and was approved by the sponsor and/or institution (see sections II and IV above).
Special documentation is required under certain circumstances. For example, travel expenses require documentation that the travel is necessary and provides a direct benefit to the project. Documentation and justification must be maintained in accordance with the University's Retention of Records policy or with the requirements of the sponsored award, whichever is the longest.
VII) Monitoring Expenses
The University's financial system-of-record, PeopleSoft, is to be utilized by Principal Investigators and departmental business administrators to monitor expenditures placed on each sponsored program. Each sponsored account should be reconciled to the PeopleSoft system on a monthly basis in accordance with the University's Account Reconciliation Policy. Principal Investigators and departmental business administrators are responsible for review of compliance with federal cost principles as part of the monthly reconciliation process. The monthly account reconciliation process is an integral internal control over allowable costs.
VIII) Disposition of Unallowable Expenses
Costs determined to be unallowable as direct costs will be charged or transferred to the Principal Investigator's RIF account or other unrestricted, non-sponsored program account. Expenses that are collected from the sponsor and later determined to be unallowable must either be refunded to the sponsor or offset in the award by an allowable expense.
For example, following reports of non-compliance, animal costs that were charged to a sponsored program account related to activities unauthorized in the approved IACUC protocol will be transferred to a non-sponsored program account, for the period of non-compliance.
IX) Escalation Process for Disagreements
The Direct Cost Allowability Matrix provides authoritative guidance regarding the allowability of specific costs as direct charges to sponsored programs. In instances in which a Principal Investigator has questions or does not agree on the treatment of specific expenses, the PI should first seek guidance from his/her departmental research and/or business administrator and/or college/school/unit research office.
If the issue remains unresolved, the Principal Investigator may request the review of his/her Research Dean who may subsequently request review by the Director of the Office of Sponsored Programs Administration (SPA) and the Assistant Vice President for Research and Innovation (AVPRI). The Research Dean, Director of SPA, and AVPRI will make a final determination on the treatment of the expense and the expense will be dealt with in accordance with this determination. All determinations are considered final and will be documented for the sponsored program file.
X) Contacts
If you have any questions regarding the allowability of specific expenses please contact:
- Your departmental research or business administrator.
- Your college/school/unit research office.
- Brigitte Fasciotto, PhD, Assistant Director OSPA - Compliance (502-852-7308, brigitte.fasciotto@louisville.edu).
Related Information:
procedure
Bomb Threat
Official University Administrative Policy
Policy Name:
Bomb Threat
Policy Statement:
The University of Louisville has established the following procedures in response to bomb threats:
- Bomb threats may be received by telephone, e-mail, or letter. If you receive a bomb threat, remain calm and obtain as much information as possible:
- Exact location of the bomb.
- When is it going to explode.
- What kind of bomb.
- Why it was placed here.
- Caller's identify.
- Immediately call Public Safety at 911 or 502-852-6111. Provide them any information that you have received, specifically the location and the time the bomb is supposed to explode. Advise 911 you are located at the University of Louisville.
- If the threat was made in writing, do not handle the letter, or note, any more than necessary.
- Do not touch or move any unfamiliar objects and wait for police to arrive on the scene.
- The Building Emergency Coordinator (BEC) or Department Chairperson on site will determine if an evacuation is warranted. If the building is evacuated, account for all building occupants at the designated meeting area.
- The Provost or his/her designee will make all decisions regarding cancellation of classes.
- Exact location of the bomb.
- When is it going to explode.
- What kind of bomb.
- Why it was placed here.
- Caller's identify.
procedure
Chemical Segregation and Storage
Official University Administrative Policy
Policy Name:
Chemical Segregation and Storage
Effective Date:
January 2016
Policy Number:
DEHS Industrial Hygiene 2
Policy Statement:
Researchers/Principal Investigators/Lab Personnel
- Date all chemicals on receipts and keep an up to date chemical inventory. Special attention to adherence of storage time-limitation of any peroxide-forming chemical in your laboratory, refer to DEHS Lab Safety Manual section on Peroxide-Forming Chemicals (link provided under Related Information below).
- DEHS requires an updated hazardous chemical inventory from each PI annually.
- Label all storage areas and cabinets to identify the hazardous nature of chemicals stored within.
- Ensure all chemicals are properly identified and labeled before they are stored.
- All secondary labels must include the chemical name, appropriate hazard warnings (e.g. flammable, corrosive, carcinogen, toxic, etc), date and the user's name or initials.
- Store all chemicals in a cool and dry location with caps or lids tightly closed.
- No chemical residue should be on the outside of any containers.
- Chemical containers must not be stored on floors or stacked on top of each other.
- Store and arrange chemicals in compatible families rather than in alphabetical order. Alphabetical order is acceptable within compatible storage families.
- Always purchase highly hazardous materials in the smallest quantities possible. They must be stored in a designated and secured area
- Do not store hazardous chemicals on bench tops.
- Ensure that all containers are not corroded, broken, rusted or leaking.
- Do not store chemicals, except for cleaners, under sinks.
- Flammable liquid container storage of more than 10 gal (38 L) must be stored in an approved NFPA fire cabinet.
- Consult DEHS segregation and storage guidance (link provided under Related Information below) for specific recommendations according to chemical categories.
Related Information:
Lab Safety Manual
https://louisville.edu/dehs/occup-health-safety/occup-health-safety-files/laboratory-safety-manual
DEHS Chemical Segregation & Storage Guide
Responsibilities:
Department of Environmental Health & Safety (DEHS)
- Provide guidance/recommendations on chemical segregation and storage during site visits and inspections.
- Ensure that all chemical inventory reviews include chemical segregation and storage recommendations.
procedure
Handling of Reactive Chemicals
Official University Administrative Policy
Policy Name:
Handling of Reactive Chemicals
Effective Date:
June 2009
Policy Number:
DEHS Industrial Hygiene 7
Policy Statement:
Highly Reactive Chemicals Handling Procedures and Guidance
Introduction
Pyrophoric and highly reactive materials ignite spontaneously on contact with air. These chemicals react with oxygen, moisture in air, or both. Failure to follow proper handling procedures can result in fire or explosion, leading to serious injuries and death. Pyrophorics must be handled under inert atmospheres and in such a way that rigorously excludes air/moisture since they ignite on contact with air and/or water. Many are toxic and may come dissolved in a flammable solvent. Other common hazards include corrosivity, teratogenicity, water reactivity, peroxide formation, and damage to the liver kidneys, and central nervous system. Be especially vigilant when working with tertiary butyl lithium which is extremely pyrophoric. Researchers working with pyrophoric and highly reactive materials must be proficient with the procedures and must not work alone.
Faculty/Researchers/Principal Investigators
- Ensure that your Chemical Hygiene Plan (CHP) is specific for your lab, and has a current chemical inventory with Safety Data Sheets (SDSs) for all chemicals and/or hazardous materials and specifically address pyrophoric and highly reactive materials that could ignite spontaneously on contact with air, oxygen or moisture in the air.
- Obtain and review (if available) the manufacturer or supplier Technical Bulletin for handling pyrophoric and other highly reactive chemicals.
- Develop written standard operating procedures (SOPs) for the use of highly hazardous chemicals that include laboratory practices, engineering controls, personnel protective equipment and procedures for dealing with spills and accidents.
- Confine operations to designated work area in the lab, with warning signs to indicate which areas are designated and the nature of the hazard. Limit access to such areas to appropriately trained and authorized personnel.
- Procedures that can generate dust, vapors or aerosols must be conducted in a chemical fume hood, glove box or other suitable containment device. Secondary containment should be used to contain inadvertent spills and releases.
- Enforce safety procedures to address possible hazards and unsafe conditions that may occur.
- Provide or schedule employee training.
- Report hazardous conditions to the Industrial Hygiene Manager.
- Review lab-specific SOP's and the Chemical Hygiene Plan annually and update as necessary.
- Contact the IH Lab Safety Coordinator if your work involves pyrophoric or highly reactive materials.
Department of Environmental Health & Safety (DEHS)
- Review Chemical Hygiene Plan (CHP), chemical inventory and Standard Operating Procedures (SOPs) submitted by faculty, researchers or PIs to ensure that pyrophoric and other highly reactive chemicals are adequately addressed prior to use in a lab.
- Ensure that handling procedures are adequate and that SOPs for researchers working with pyrophoric and highly reactive materials do not work alone.
Related Information:
Examples of Pyrophoric and Highly Reactive Materials
- Organometallic reagents (alkyllithiums, tert-butyllithium) Alkylzincs (diethylzinc)
- Alkylmagnesiums
- Group I metals (lithium, sodium, potassium, cesium, francium) Metal powders (calcium, zirconium, aluminum, magnesium)
- Metal hydrides or non-metal hydrides (arsine, diphosphine, diborane, germane, lithium aluminum hydride, sodium hydride)
- Phosphorous (white) Potassium
- Sodium
- Alkylated metal alkoxides or nonmetal halides (diethylethoxyaluminum, dichloro(methyl)silane)
- Metal carbonyls (pentacarbonyliron, nickel carbonyl) Grignard reagents: RMgX (R=alkyl, X=halogen)
- Gases: silane, dichlorosilane, diborane, phosphine, arsine
A more extensive list of pyrophoric compounds can be found in Bretherick's Handbook or Reactive Chemical Hazards. Contact the Lab Safety Coordinator if work involves pyrophoric or highly reactive materials.
Policy Reasoning:
Pyrophorics must be handled under inert atmospheres and in such a way that rigorously excludes air/moisture since they ignite on contact with air and/or water. Failure to follow proper handling procedures can result in fire or explosion, leading to serious injury and death.
Definitions:
Pyrophoric and highly reactive materials - ignite spontaneously on contact with air; react with oxygen, moisture in air or both.
Official University Administrative Policy
Policy Name:
Stericycle Regulated Medical Waste Packaging Requirements
Policy Statement:
STERICYCLE™ REGULATED MEDICAL WASTE (RMW) PACKAGING REQUIREMENTS FOR SINGLE-USE FIBERBOARD BOX or TOTE PICK-UP
- Do not deface any markings on the outside of the fiberboard box, barrel or tote.
- You must securely tape the bottom with at least two-inch wide clear packaging tape. It is best to use at least three strips of tape to adequately secure center seam. Be sure to also tape the bottom side seams. NO DUCT TAPE, COLORED TAPE, OR MANILLA TAPE.
- Turn box upright, fold flaps down, and line inside of box with red biohazard bag.
Full sharps containers should be securely closed and placed inside the liner. If there are any incidental liquids, place adequate absorbent material around this waste.
- When bag is about ¾ full, secure bag by tying an overhand knot. Do not overfill the bag. When closed the box must be perfectly square. No top or side bulges.
Note: Max. weight for the medium [4.3 cu.ft] box is 50 lbs (22.68 kg).
Max. weight for the small [1.9 cu.ft] box is 40 lbs. (18 kg).
Max. weight for gray tote or red barrel is 60 lbs. (29. 5 kg). - Fold over flaps.Tape top of box closed with at least two-inch wide clear packaging tape. Again, it is best to use at least three strips of tape to adequately secure center seam. Be sure to also tape the top side seams. NO DUCT TAPE, COLORED TAPE, OR MANILLA TAPE.
- On one side of the box, there is a place for Generator Information. Attach a vendor bar code label in the "Customer label" box. You must provide the following information (write this in the area on the box where it is marked "Generator Information Here" or for tote or barrel write information on a piece of paper or tape and attach it to the top of the container):
- Building name.
- Room Number.
- Contact Name & Phone Number.
DEHS is aware that several generators may be associated with one waste collection container. The phone number provided should be the number to a person most familiar with the bio-hazardous contents of the box. This number is required for emergency response in the event that the box leaks or becomes damaged in the respective bio-hazardous waste storage area prior to off-site transport.
- When the box is taped secured, marked, and ready for pick-up by Custodial Services, leave the box inside the lab or room. HSC Campus generators, place the "Biohazard Waste Pick-Up Red door tag" on door knob. For Belknap Campus generators, call 502-852-8200 to schedule a pick up.
IMPORTANT: Generators DO NOT PLACE into the box any of the following items: free liquids, chemical waste, thermometers, chemotherapy wastes, pharmaceuticals, batteries, aerosol cans, canisters, or inhalers.
PLEASE NOTE
If the box does not meet the above requirements, UofL Custodial Services has been instructed not to pick up the box. Your custodian will leave a note as to why the box was not able to be picked up.
Related Information:
For more fiberboard boxes, totes and liners, contact UofL Custodial Services at HSC: 502-852-7174 or Belknap: 502-852-8200.
For buildings not serviced by UofL Custodial Services, contact DEHS at 502-852-2956 or 502-852-6670.
Official University Administrative Policy
Policy Name:
Model Procedures for Resolving Disputes in Research or Scholarly Activity
Effective Date:
May 23 2007
Policy Statement:
In this document, a model procedure for resolution of disputes over research or scholarly activity is outlined along with a timetable for each step. It is recognized that extensions in the time to resolve a dispute may be necessary. When this occurs, the reason(s) for the delay in completion should be documented in the final report. All matters related to resolution of research or scholarly activity disputes should be held in a confidential manner as much as possible. It is intended that the resolution procedures outlined in this procedure should model the grievance procedures outlined in the Redbook, where appropriate.
Disagreements between or among collaborators should ideally be resolved in a collegial manner by the Project Director in consultation with the other collaborators(s), relevant project personnel, and any other individual who claims significant contribution to the project. Generally, the Project Director has the primary responsibility for making decisions related to the final work product, but the Institution stresses the importance of including input from all significant contributors before reaching a final decision. When major decisions regarding the project are made or modified, it is important that the Project Director communicate this information to all project personnel and place written documentation of the decision or modification in the master project file.
When disputes cannot be resolved in a satisfactory manner by the Project Director, other collaborator(s), project personnel, and other individuals who claim significant contribution to the project, the Project Director and/or other project personnel should present their dispute in writing to the appropriate Department Chair(s). The Departmental Chair(s) should meet with the individuals involved in the dispute, collect and retain appropriate information, and make a recommendation in writing as to resolution within 60 business days of receiving the request for review. The work product in question should not be finalized before these issues are resolved.
When the dispute involves the Chair, or if the Chair has a major conflict of interest, or if the dispute involves more than one department or unit, then a neutral mediator will be appointed by the Dean(s) or designee(s). The mediator should hold the rank of tenured professor and make a recommendation to the Chair(s) within 60 business days. The Chair(s) should notify the Dean(s) should the mediation reach an impasse.
In the event that a satisfactory resolution still cannot be achieved by the Departmental Chair(s) or by a neutral mediator, the Dean(s) (or designee(s)) will appoint at least three senior faculty members, from departments other than the involved department(s), (one of whom will serve as Committee Chair) to a panel to investigate the dispute. In the case of disputes involving faculty member(s) from multiple units within the University of Louisville, panel membership should reflect representation from all affected units. The Dean(s) or designee(s) will request panel members to declare any conflicts of interest that may preclude their participation on the review panel. Any declared conflicts of interest will be documented and the Dean(s) will make a final determination as to whether the conflicted individual will be allowed to participate on the review panel.
The review panel will not include individuals with personal responsibility for the project, but should include faculty members with unique qualifications relative to the dispute in question (i.e., scholarly expertise, training of graduate students, active peer-reviewed activity, etc.). Within 75 business days, the panel will make a recommendation in writing to the Dean(s). The Dean(s) will evaluate this recommendation and render a decision within 10 business days. The decision of the Dean(s) is final.
At any time during the application of this procedure, the individual bringing forth the concern or complaint can withdraw the request for review and the procedure will be terminated. Please note: if the original request for review results in an allegation of research misconduct, terminating the request for review will not result in a termination of the Research Misconduct Proceedings.
Disputes Involving Collaborators from Multiple Sites
Procedures related to the completion of the project aims and final work product should be determined and accepted by all participating individuals at the beginning of any multi-site project. It is recommended that decisions related to possible authorship or credit, expenditure of project funds, dissemination of results, etc. should be established at the beginning of the project and documented in the master project file. Establishing these guidelines at the beginning of the project serves to expedite, coordinate, and monitor the project development and completion processes. In addition, it provides a framework for future discussions involving any modifications.
When participating in a multi-site project, it is the responsibility of the entire project team to determine procedures to resolve disputes related to the project. As with single-site projects, many difficulties in completing the project can be avoided if these decisions are agreed upon by all participants in advance, communicated to all parties and documented for future reference.
If a dispute between collaborators from separate sites does arise, the solution to the dispute should arise from within the organizational structure of the multi-site project. If a dispute cannot be resolved, the principle of academic freedom generally indicates that an individual has the right to present those work products for which he/she is contract custodian. However, this right should be tempered by the concept of collegial collaboration. It is unacceptable for an individual to publish or present a final work product before the complete project group has had a reasonable opportunity to do so.
EXAMPLES OF DISPUTES COVERED BY THIS MODEL PROCEDURE
These examples are meant to be illustrative of the disputes individuals may encounter when participating in research or scholarly activity. They are not intended to be exhaustive. Allegations of Falsification, Fabrication and Plagiarism are covered by the Policy and Procedures for Responding to Allegations of Research Misconduct (PDF) which can be found at: http://louisville.edu/research/integrity/responding-to-allegations-of-research-misconduct-pdf (PDF). Disputes involving intellectual property should be resolved in consultation with the Office of Technology Transfer.
- Inclusion of Investigatorship.
- Order of Authorship.
- Attribution vs. Authorship Credit.
- Use of data resulting from a previous collaboration
- Auxiliary use of equipment procured for the project.
- Misappropriation of the Ideas of Others (not meeting the definition of plagiarism).
Policy Reasoning:
BACKGROUND
The University of Louisville recognizes the diverse nature of scholars within its community and urges the units and departments to utilize this model document as a guidance to develop specific procedures to resolve disputes in research and scholarly activity.
In general, issues related to research and scholarly activity should be freely discussed and decided upon prior to the initiation of the project and prior to the completion of the final work product (manuscript, report, presentation, composition, artwork, etc.). However, agreements relating to attribution or credit may need to be changed throughout the life of the activity. Possible disagreements include interpretation of the criteria for authorship, order of listing of authors, use of laboratory equipment, or future use of work product.
procedure
Reporting and Investigation
Official University Administrative Policy
Policy Name:
Reporting and Investigation
Effective Date:
February 16 2009
Policy Number:
ICO 1 01A
Policy Statement:
The University Integrity and Compliance Office (UICO) maintains a compliance and ethics reporting system and initiates and coordinates a prompt investigation of questionable practices, including compliance and ethical concerns. Confidentiality of reports and investigations will be maintained to the extent legal and practical and will only be shared with individuals who have a need to know. The following procedures establish the UICO's reporting and investigation protocol.
Reports of Questionable Practices
Reports and complaints of questionable practices may be made by anyone having knowledge or information about a known or suspected questionable practice. Reports may be made orally or in writing; however, all reports shall be provided to the VP for Risk, Audit, and Compliance or UICO for coordination of a thorough and confidential investigation. A report should contain the following information:
1. A factual, objective description of the questionable practice, including dates and times.
2. The name of the individual or department about which the report is being made.
3. If the questionable practice involves potential violation of laws, regulations, or university policies and procedures.
4. The names of other individuals knowing about the questionable practices.
5. Other information deemed necessary to conduct a thorough investigation.
Reporting System
An effective reporting system makes the reporting individual feel comfortable in seeking guidance and disclosing information without threat of retaliation (Duty to Report and Non-Retaliation Policy ICO-1.01). Reporting can be made in any of the following ways:
1. Report directly to the VP for Risk, Audit, and Compliance or the UICO by phone at 502-852-5709, by email compliance@louisville.edu, or send a report by mail to our office:
University Integrity and Compliance Office
215 Central Avenue, Suite 205
Louisville, KY 40208
2. Report through the University's Compliance and Ethics Hotline:
a. Call the hotline:
The Direct Dial 24-hour University Compliance and Ethics Hotline is: 1-877-852-1167. Third party compliance risk specialists will receive and enter the details of the report into the vendor's electronic case management system (mycompliancemanagement.com or "myCM 3.0"). In managing the system, the UICO will review the report and coordinate a prompt investigation.
b. Submit an electronic report to the hotline:
The University Compliance and Ethics Hotline system includes a web reporting option available to university employees. Enter the details of the report directly into the hotline system. In managing the system, the UICO will review and coordinate a prompt investigation.
Conducting the Investigation
Upon receipt of a report of questionable practice, the UICO shall act promptly to review and assign responsibility of investigating the report to the UICO and/or other university compliance official(s). The UICO and/or other university compliance official(s) may obtain further information necessary to corroborate or dispute the report. In conducting the investigation, the UICO and/or university compliance official(s) shall:
1. Gather and review relevant documents, records, and facts;
2. Interview university employees or affiliates who may be able to provide relevant information;
3. Engage with other individuals, departments/units, or committees to assist in the investigation, as determined necessary;
4. Provide awareness about the university's policy on non-retaliation Duty to Report and Non-Retaliation Policy ICO-1.01 to individuals interviewed during the course of the investigation; and
5. Document the investigation in an objective manner.
Depending upon the nature of the initial report of questionable practice, the UICO and/or university compliance official(s) may consult with the Office of General Counsel and VP for Legal Affairs for advice regarding the investigation.
Audit Services has the primary responsibility for coordinating the initial assessment, investigation, and internal reporting of known or suspected fiscal misconduct - see the university's Fiscal Misconduct Policy ICO-1.03.
Cooperation with Investigations
All University Employees must fully cooperate with University investigations and shall not alter or destroy any documentation during the course of an investigation.
Investigation Findings Report
The UICO and/or other university compliance official(s) conducting the investigation shall report to appropriate University management and/or employees the results of the investigation and whether corrective action is recommended.
Procedure Violation
Failure to comply with this procedure or a University investigation, including the preservation of evidence, may be subject to disciplinary action up to and including termination.
Related Information:
Duty to Report and Non-Retaliation Policy ICO-1.01
Fiscal Misconduct Policy ICO-1.03
Policy Reasoning:
The university is committed to conducting its affairs in full compliance with the law and with its own policies and procedures. The purpose of this procedure is to allow for prompt investigations of concerns reported and to establish reporting and investigation protocol in support of the Duty to Report and Non-Retaliation Policy ICO-1.01.
Definitions:
University Employees - Individuals who are administrators, faculty, staff, and/or student employees.
procedure
Moving Expense
Official University Administrative Policy
Policy Name:
Moving Expense
Policy Number:
PUR 38 00
Policy Statement:
To view the policy for moving expenses, please visit the Human Resources Department.
PROCEDURES:
- Once an individual has accepted an offer for employment which includes moving expenses being paid by the University, as stated in the letter of offer or agreement, the established moving and storage contracted company must be used and the department should complete and submit an Authorization for Move Form listing the total amount allotted and speedtype that will be charged for the expenses. If a department has a lab or office move, the Authorization for Move Form should also be completed and submitted .
- The completed form will be sent to Procurement Services and the contracted moving and storage vendor. The contracted vendor will contact the individual moving to coordinate the move and arrange for an estimate to be done for the move.
- Upon receipt of the estimate, Procurement Services notifies the department of the estimated dollar amount for the move. This is an estimate only, which will change according to the actual weight and any additional services requested by the individual moving. This allows the department and the individual moving to be prepared for any amount over the limit established by the department, which the individual will need to pay to the moving company upon delivery.
- Any changes that a department would like to make regarding the dollar amount and speedtype to be used to pay for a move must be provided in writing to Procurement Services so that they can notify the moving and storage company.
- Once the final invoice for a move is received the department speedtype is charged.
- The final invoice charge is also sent to Payroll for applying the appropriate taxation amount to the employee.
Related Information:
Requests for reimbursement to the eligible employee for self moving not contracting for outside labor, rather than using the existent moving contract, must be requested in advance to Procurement Services by the department Vice President, Dean or Chairperson. The request should explain the circumstances for not using the contracted vendor and also the expenses the department may allow, (such as storage, trash removal, etc.), with the total dollar amount to be paid by the University.
Definitions:
Self-Move: cost associated with move to include truck rental, packing materials, fuel, and lodging. Not to include labor at any point.
procedure
Belknap Campus Evacuation
Official University Administrative Policy
Policy Name:
Belknap Campus Evacuation
Policy Statement:
The university has established procedures and guidelines to follow during an evacuation of the Belknap Campus:
Building Evacuation:
- Do not activate the building fire alarm system to achieve evacuation.
- Do not call 911 unless there is an immediate life-threatening emergency.
- Remain calm but act quickly.
- Promptly secure equipment, research, etc. in safe shutdown condition before leaving.
- Remember to take personal belongings with you (backpacks, briefcases, purses, car keys, personal computing devices, etc.).
- Spread the word of the evacuation order to others as you exit the building.
- Go to https://louisville.edu for regular updates on the emergency situation and information on returning to campus.
Evacuation by Automobile or Bicycle:
- You may use your vehicle or bicycle to leave campus unless directed otherwise in the UofL Alert message.
- Follow traffic directions provided by Police, Security and Parking Officers, and Physical Plant workers. Barricades will indicate streets that are not to be used during an evacuation.
- Vehicle and bicycle evacuation routes must be followed, and alternate routes will not be allowed. Bicyclists should refrain from using vehicle routes other than noted due to the potential of an accident during an emergency.
Evacuation on Foot:
- Exit campus as directed in the UofL Alert message for evacuation on foot. These instructions will generally provide a direction of travel to follow when leaving the university.
- Pedestrians should exit campus by the shortest route; use crosswalks, obey police direction, and do not impede traffic flow.
- Move well off campus before stopping to determine how to get to your home.
Evacuation of Mobility Impaired (when an individual with a mobility impairment is on the second floor or above of a building, or in the basement):
- Assist ambulatory individuals by guiding them to the stairwell of the building and waiting near the stairwell until it is clear.
- Assist a non-ambulatory individual by calling Public Safety at 502-852-6111 or 911 and advise them of the situation and the location of the individual. Move the impaired individual near the stairwell and wait for assistance. If the hazard becomes life-threatening (i.e., the fire is getting close or the smoke becomes chocking), move the individual into a room and close the door. Vacate the building and immediately tell the emergency responders (Public Safety or Fire Department) where the individual is located.
Related Information:
Evacuation orders to be disseminated via UofL Alert.
Staging locations will be identified via UofL Alert messages to allow evacuees to find public transportation to their home.
Definitions:
Ambulatory Individuals - people with disabilities that require special assistance during an evacuation. Examples of these individuals include people who are blind, deaf, or whose mobility is restricted by the use of walkers or crutches.
Non-ambulatory Individuals - people with disabilities that require the use of wheelchairs.
Responsibilities:
Building Emergency Coordinators and their assistants should check all corridors and public areas to make sure everyone has evacuated.
Official University Administrative Policy
Policy Name:
Chemical or Infectious Agent Spills
Policy Statement:
Actions you should take for a Chemical or Infectious Spill
The following actions are recommended in the initial stages of a chemical or infectious spill or release:
- Notify persons in the immediate area that a spill has occurred.
- If necessary, leave the room and evacuate other people from the spill area.
- Avoid breathing vapors of the spilled material.
- Turn off ignition sources.
- Call University Police at 502-852-6111 and report the spill/release.
- Notify your supervisor.
Reporting a Chemical or Infectious Agent Spill
To report a spill or release of chemicals or infectious waste, contact University Police at 502-852-6111. University Police will immediately contact the Department of Environmental Health and Safety (DEHS). A DEHS representative will contact you by telephone to assess the incident.
The communications officer will ask you several questions. Be prepared to provide the following information:
- The location of the spill/release.
- The type of spill/release.
- The material that was spilled/released.
- Did the material go down a drain.
- Amount spilled/released.
- Your name.
- Your telephone number or the location that you will be at when the DEHS arrives.
The DEHS representative will advise you of the appropriate actions to take until their arrival, and will determine if any emergency response or regulatory agencies need to be notified.
If the spill is small and is of low toxicity, and if you have knowledge of the material and the proper protective equipment you may be instructed to contain and clean up the spilled material.
If the spill is larger and more toxic, DEHS will send an emergency response team to contain and clean up the spill. If conditions warrant, DEHS will contact other emergency response personnel to assist.
Related Information:
Preplanning to Prevent or Minimize Chemical Spills
Preplanning is the best way to prevent spills or control them when they do occur. DEHS will assist you in conducting emergency planning for your area or laboratory. Contact the Environmental Operations Manager at 502-852-6670 for assistance.
Assistance to evaluate your laboratory can be obtained from DEHS by contacting the Laboratory Safety Coordinator at 502-852-2830.
Policy Reasoning:
Failure to report spills is a serious issue. Intentional failure to report spills can be a criminal offense. Timely reporting will protect you and the university from liability.
Responsibilities:
University Police acts as the communications receiving point for chemical and infectious agent spills and/or releases.
DEHS will make notifications as appropriate and will act as the liaison with any regulatory agencies.
procedure
Noise and Hearing Conservation
Official University Administrative Policy
Policy Name:
Noise and Hearing Conservation
Effective Date:
January 2003
Policy Number:
DEHS Industrial Hygiene 5
Policy Statement:
Employees*
- Contact the Department of Environmental Health & Safety (DEHS) Industrial Hygiene Manager for a noise exposure evaluation if concerned about the level of noise exposure in the work environment.
- Should exposure exceed 85 decibels for an 8-hour time-weighted average (TWA), enroll in UofL Hearing Conservation Program.
- Complete Noise & Hearing Conservation training on line in BioRaft.
- Wear hearing protectors and keep them in a sanitary condition.
*Hearing Conservation Programs have been established for Steam & Chill Plant workers and groundskeepers in Physical Plant and for cage wash and animal care technicians in the Research Resource Facilities.
Departments (with occupational noise exposure exceeding 85 decibels for an 8-hour time-weighted average)
- Provide employees with personal exposure results that are provided by DEHS.
- Implement Hearing Conservation Program to include: developing a written plan, requesting noise monitoring, providing annual audiometric testing, providing a selection of appropriate hearing protection devices, employee training and maintaining documents.
- Observe employees periodically to assure hearing protectors are used properly.
Department of Environmental Health & Safety
- Conduct noise exposure monitoring for employees who may be exposed to noise equal or greater than 85 dBA as an 8-hour TWA.
- Provide written notification of exposure results to employees.
- Forward noise monitoring exposure reports to Departments.
- Provide hearing conservation training.
- Assist with unit-specific written plan, noise monitoring, selection of hearing protection and locating a hearing test provider.
- Conduct further investigation to determine if administrative or engineering controls are feasible should any employee's noise exposure exceed an 8-hour TWA of 90 dBA or greater.
- Maintain exposure monitoring records.
Policy Reasoning:
Hearing loss due to noise exposure is one of the most pervasive and preventable occupational health problems, and hearing induced loss can be reduced and/or prevented through implementation of a hearing conservation program.
procedure
Budget Revisions
Official University Administrative Policy
Policy Name:
Budget Revisions
Effective Date:
July 1 1974
Policy Number:
BFP 012A
Policy Statement:
Revising the adopted budget is a necessary function to allow units to adapt to changing financial situations experienced, but not always foreseen, throughout the fiscal year. Budget Revisions come in two distinctions, Budget Transfers and Budget Revision Requests (BRR).
Budget Transfers
Budget transfers are the simpler of the two. These are completed online only in the Peoplesoft Financials system. Further, they only affect the current fiscal year (as opposed to a Continuing Annual Requirement, or CAR, which continues indefinitely into the future).
These transfers occur when a unit is moving funds either within their VP area (anything within the first two digits of their department), or from one VP area to another in which central funds are not involved, nor any additional funding is given which would change the bottom line budget number. If the funds are within their area, these moves can be made entirely by the unit without any processing help. If the funds are being moved from one VP area to another, then with both units' agreement the transfer can be processed by Budget and Financial Planning (BFP).
Budget Revisions
Budget Revision Requests (BRRs or simply Budget Revisions) are electronic files created if any one of the following conditions are met:
- Funds are requested from a central university source;
- Changes to the bottom line budget are distributed either entirely or in part, on a CAR basis; or
- It is deemed necessary or prudent to create additional documentation due to the significant nature of the BRR, such as sweeping financial aid centrally or a major program or personnel transfer between units.
Budget Revisions are able to encompass more holistic changes and can affect either current year only, CAR only, or both. The files are developed by either the units or BFP, but ultimately go through BFP. Once here, the analyst will:
a. Verify that the requested budget revision is appropriate to accomplish the intent of the originator and that funds are available to accomplish the intent.
b. Review and evaluate the Description/Justification section for content, clarity and completeness.
c. Analyze the request for conformity to University policies, and alignment with University's strategic plan.
d. Submit a recommendation for approval or disapproval based on the merits of the case.
The Assistant Vice President (AVP) for Budget and Planning, or their designated authority, such as the Budget Director in some cases, is the delegated authority for approval or disapproval of any BRR. Instances in which the nature of the BRR is considered significant enough by the AVP are directed to either the Provost or the President for approval.
Related Information:
Regarding the timeline for budget revisions, they may be initiated and completed at any time throughout the fiscal year. However, BRRs are entered in monthly cycles. Towards the end of the month, units are notified by BFP of which BRRs have been submitted for their units. Around month end, the AVP will either approve, deny, or move along to higher authority if necessary, all pending BRRs. Those approved are then processed near the last day of the month, with notification going to the units from the system in which they are entered.
procedure
Medical Emergencies
Official University Administrative Policy
Policy Name:
Medical Emergencies
Effective Date:
January 2003
Policy Number:
DEHS Emergency 3
Policy Statement:
- Do not move a seriously injured person unless he or she is in a life-threatening situation.
- Render first-aid or CPR only if you have been trained.
- Do not leave the injured person except to summon help.
- Summon help by calling local emergency medical services at 911.
- When reporting the medical emergency, provide the following information:
- Type of emergency.
- Location of the victim.
- Condition of the victim.
- Any dangerous conditions.
- Comfort the victim until emergency medical services arrive.
- Have someone stand by outside the building to flag down the ambulance when it reaches the vicinity.
- If you are exposed to another person's body fluids, wash the exposed area and contact your supervisor or the Department of Environmental Health and Safety at 502-852-6670.
- Type of emergency.
- Location of the victim.
- Condition of the victim.
- Any dangerous conditions.
Policy Reasoning:
If a member of the campus community becomes seriously ill or injured, they may require the service of the Emergency Medical Services.
procedure
Suspicious Mail or Packages
Official University Administrative Policy
Policy Name:
Suspicious Mail or Packages
Effective Date:
January 2003
Policy Statement:
If you receive a suspicious parcel in the mail:
- Do not open the parcel.
- Isolate the piece of mail.
- Call Public Safety (502-852-6111) for additional instructions.
- Do not pass the letter/parcel to others.
- Deny everyone access to the letter except emergency responders.
- Move to an area that minimizes exposure to others and to the parcel.
- If possible, wash your hands and face with soap and water.
If you open a parcel that appears to be contaminated:
- Do not move the parcel.
- Call Public Safety (852-6111).
- Turn off any fans, window air conditioners and/or small area heaters.
- Isolate the area.
- Evacuate the adjoining areas.
- Everyone who is evacuated should report to the building's pre-planned assembly area.
- Do not pass the letter/parcel to others. Deny everyone access to the letter except emergency responders.
- The individual who opened the parcel and anyone else who has come in contact with the parcel should remain isolated, in an area adjacent to the original location, and wait for additional instructions from responding emergency personnel.
- If possible, the individuals who had contact with the parcel should wash their face and hands with soap and water.
Related Information:
The following characteristics may identify suspicious mail or parcels:
- Unexpected or from someone unfamiliar to you.
- Addressed to someone no longer with your organization or otherwise outdated (e.g., improper title).
- No return address, or one that can't be verified as legitimate.
- Has any powdery substance on the outside.
- Of unusual weight, given its size, or lopsided.
- Marked with restrictive endorsements, such as Personal or Confidential.
- Protruding wires, strange odors or stains.
- Has an unusual amount of tape.
- Has excessive postage applied to the parcel.
- A city or state in the postmark that doesn't match the return address.
Policy Reasoning:
Suspicious mail or packages should be handled differently than normal mail or packages because they could pose a danger to the recipient.
procedure
Workplace Violence
Official University Administrative Policy
Policy Name:
Workplace Violence
Effective Date:
Unknown
Policy Statement:
Workplace violence may take the form of various types of personal assaults. These may include weapons such as knives or handguns. The only warning that you might receive during a workplace violence incident is the sound of gunfire, scuffling or other employees yelling a warning.
Gunfire
- If you hear gunfire, immediately seek refuge in an area that can be locked from the inside. A room without windows would be the best choice. Hide inside that area behind a desk, under a table or in a closet or bathroom. Remain still and quiet.
- If a phone is immediately available in the area you are using for refuge, and if it is safe to do so, call 911. If it is safe to do so, stay on the phone with the police dispatcher.
- Take no action to intervene with the perpetrator.
Explosion/Bomb
- Immediately evacuate the building, using your preplanned evacuation route.
- Call 911. Inform them of the situation with as much information as is available. If it is safe to do so, stay on the phone with the police dispatcher.
Hostage Situation
- Immediately evacuate the building, using your preplanned evacuation route. Stay out of sight of the perpetrator at all times.
- Take no action to intervene with the hostage taker.
- Call 911. Inform them of the situation with as much information as is available. If it is safe to do so, stay on the phone with the police dispatcher.
Physical Threat
- Immediately evacuate the area, using your preplanned evacuation route.
- Call 911. Inform them of the situation with as much information as is available. If it is safe to do so, stay on the phone with the police dispatcher.
Remember, never put yourself in harm's way.
procedure
Property Claims
Official University Administrative Policy
Policy Name:
Property Claims
Effective Date:
1992
Policy Number:
Risk 1 02
Policy Statement:
Property Damage Insurance Claims
Before An Incident Occurs:
- Inventory property: Using Inventory Control's policies and procedures make sure all department items are appropriately inventoried. The University's insurance coverage is based on the inventory kept by Inventory Control. If items are not on Inventory Control's list, they will not be covered by the University's property insurance. It is very important to keep the department inventory list up to date.
- Have emergency numbers readily available: Emergency contact information for appropriate departmental staff, including night and weekend numbers, should be available to the University of Louisville Police Department if an incident occurs.
- Preventative Maintenance: Conduct, or have conducted, regular inspections and routine maintenance to keep equipment and facilities in good working order. If equipment or facilities need repairs, contact the appropriate people to have repairs made before an incident occurs.
After An Incident Occurs:
- Report the incident as soon as possible. Contact the University of Louisville Police Department at 502-852-6111, Physical Plant at 502-852-6241, and report the property damage on the Enterprise Risk and Insurance website via the Property Damage Report form. For questions, contact Enterprise Risk at 502-852-4654 or rskmgt@louisville.edu.
- Minimize property damage. Keeping your personal safety and the safety of others first, then take appropriate steps to minimize property damage.
- To file a claim with the appropriate insurance carrier, Enterprise Risk will need the following information:
- The department name.
- The department representative (name, phone number, email address, etc. for the department contact person).
- A detailed description of any damaged item(s), including the inventory control number, location (building and room number). If damaged item(s) does not have a UofL inventory control number, please provide make, model, serial number, etc., and any original purchase information.
- Description of the damage to the item(s) (what is not working, how it is damaged). Also, please provide photos of damaged property and/or location(s).
- Replacement information for "like, kind, and quality" (company quote/estimate or catalog information) and/or repair quote or estimate. Documentation from a qualified technician or Tier I detailing why item should be repaired and/or replaced should also be provided with the quotes or estimates.
- If there are any items that are currently working, but you have reason to believe there could be a problem with them in the future as a result of the incident, provide the UofL inventory control numbers, location and a detailed description of the item and the reason there may be a future problem.
- Information regarding any extra expense that may be incurred as a result of the incident (lease equipment, relocate offices, etc.).
- What will be required to get your program back in operation (equipment and repairs necessary before the department can resume operations - it is the University's goal to get programs back in operation as soon as physically possible after an incident).
THE UNIVERSITY DOES NOT INSURE PERSONAL PROPERTY OF STUDENTS, FACULTY, OR STAFF
WHAT NOT TO DO:
- Do not state the cause of the incident to anyone other than Enterprise Risk. Until all the circumstances surrounding the incident and resulting property damage have been researched, the actual cause may not be known. Therefore, when talking to anyone other than Enterprise Risk about the incident, don't state the cause of the incident.
- Do not remove or repair damaged items, unless it is necessary to minimize loss or prevent further damage. Item(s) should not be removed from the incident scene or repaired until after the initial inspections by Enterprise Risk or Adjuster are complete.
- Do not discard damaged equipment. It may be necessary to inspect specific equipment item(s) as part of the claims process. Enterprise Risk will give the department permission to discard any damaged property. Before discarding any University equipment, contact Inventory Control for appropriate procedures to follow.
CLAIMS PROCEDURES:
- The department(s) reporting a claim provides the information listed above through the Enterprise Risk and Insurance website via the Property Damage Report form.
- Enterprise Risk then files the claim with the appropriate insurance carrier(s).
- Enterprise Risk works with the insurance adjuster(s) and department(s) to ensure that the claim is moving toward settlement as quickly as possible.
- Department(s) will either pay for replacement/repair of damaged item(s) or wait for claim settlement for funds to replace/repair damaged item(s).
- Settlement is received by Enterprise Risk and Insurance.
- Enterprise Risk contacts department(s) and requests account information for the account the department(s) wants the settlement deposited into.
Note: When settlements are received by Enterprise Risk, policy deductibles and any appropriate depreciation have already been removed from the settlement by the insurance carrier.
Related Information:
Policy Reasoning:
This procedure was developed to aid the University community in the event of a property claim on university/departmental property.
Responsibilities:
University departments with university property or property that is in the care, custody, and control of the university and/or university department.
Official University Administrative Policy
Policy Name:
Accounting for DEA Controlled Substances
Policy Statement:
Damaged, expired, unwanted, unusable, or non-returnable controlled substances must be accounted for, retained, and disposed of in accordance with the following procedure.
A Registrants Inventory of Drugs Surrendered (DEA Form 41) must be completed prior to disposing of any DEA controlled substance. To download a copy of this form, please go view at the following link https://www.deadiversion.usdoj.gov/21cfr_reports/surrend/.
Controlled Substance Spills
Breakage, spills, or other witnessed controlled substance losses do not need to be reported as lost. This type of loss must be documented by the registrant and witness on the inventory record. Controlled substances that can be recovered after a spill, but cannot be used because of contamination (tablets), must be placed in Witness Destruction disposal waste stream (completion of DEA Form 41 required). If the spilled controlled substance is not recoverable (liquids); the registrant must document the circumstances in their inventory records and the witnesses must sign (must include PI as witness in record).
Theft of or Missing Controlled Substances Reporting
The DEA license holder must have complete accountability of all controlled substances stored or used in their area. This makes keeping good records essential so that any shortages or missing controlled substances will not go unnoticed. Theft or misuse of a controlled substance is a criminal act that must be reported to the following agencies:
Louisville DEA office: 1006 Federal Building, 600 Martin Luther King, Jr. Place, Louisville, KY 40202
Diversion Number: (502) 582-5905
Diversion Fax: (502) 582-6360
University Department of Public Safety: (502) 852-6111
University DEHS: (502) 852-6670
Related Information:
To minimize waste, DEA registrants should only purchase quantities they intend to use.
There are two disposal options for expired or unwanted controlled substances recommended by the University's Department of Environmental Health and Safety (DEHS). DEHS should be contacted to help determine the correct disposal method.
1. Supplier Disposal:
Some suppliers (reverse distribution) will take back pharmaceuticals for credit. Utilizing this option transfers the ownership of the controlled substances to a DEA registered and authorized processor for destruction or resale. Multiple forms must be completed and the DEA Registration Number is required to utilize this option. The fee associated with this service will be the responsibility of the registrant. Contact your vendor to see if this is a viable option.
2. Witness Destruction Disposal:
Small quantities (less than 1 pound) can be disposed by the DEA registrant using the following disposal procedure:
- Contact DEHS, Hazardous Waste Coordinator, Cathy Price, via e-mail at cathy.price@louisville.edu with a DEA controlled substance disposal request.
- Complete the Registrants Inventory of Drugs Surrendered (DEA Form 41).
- Inform DEHS when the DEA Form 41 has been completed and signed to schedule a date for on-site witness destruction at the Environmental Protection Services Center (EPSC) located at 1800 Arthur Street.
- DEHS will make arrangements for a University Police Officer and DEHS representative to be present as witnesses to the disposal, and to verify the DEA Form 41 and inventory records. The PI and/or authorized agent must also be present during the destruction.
- The controlled substance(s) will be poured into a solvent drum to render the material irrecoverable. The DEA form 41 will be signed by the university police officer, DEHS representatives, and PI and/or agents to attest that the material has been destroyed.
- DEHS will provide a copy of the DEA Form 41 for the researcher's inventory records. This copy should be retained by the registrant for at least 2 years. The original DEA Form 41 will be retained in the DEHS office for three years (3) and available for review by a DEA authorized agent request or inspection.
procedure
Purchases Requiring Three Quotes
Official University Administrative Policy
Policy Name:
Purchases Requiring Three Quotes
Effective Date:
March 1 2018
Policy Number:
PUR 43 00
Policy Statement:
The University of Louisville (University) requires departments and employees to obtain three quotes from vendors when procuring goods and/or non-professional* services that total between $50,000 and $99,999.99.
The following steps must be followed when procuring goods and services that total between $50,000 and $99,999.99:
- Obtain three quotes from vendors. For government agency purchases refer to the resource guidance.
- Attach the quote documentation to the purchase requisition form.
*Professional Services Contracts (PSC) have no spend threshold and all require either a competitive solicitation (RFP) or a sole source justification.
Related Information:
Non-Competitive Negotiation PUR-5.00
Procurement and Contract Authority PUR-1.00
Purchase by Competitive Sealed Bidding PUR-3.00
Policy Reasoning:
To improve the processes of how the University procures goods and services and to reduce cost and provide better reporting of assets and maintain the needed level of quality.
Responsibilities:
Procurement Services team is available to answer questions and provide assistance associated with this procedure for obtaining three quotes. Please email purchase@louisville.edu.
Official University Administrative Policy
Policy Name:
Notifications of Charges and Other Fees Associated with Verification of Student Identity
Effective Date:
October 21 2021
Policy Statement:
The University of Louisville notifies all students of projected charges and other fees associated with the verification of student identity in the Schedule of Classes. Registration for classes at UofL is an electronic process, and bills are generated based on the student's course selections. Therefore, if any course requires a proctored exam or has other associated fees, students are notified upon registration for the class. The Schedule of Classes indicates that a proctor, if needed, may charge the student a fee. Review the Delphi Center for Teaching and Learning's exam proctoring page for additional information.
Students can view charges and other fees associated with the verification of student identity when searching for a class within the Student Information System. When students log into their University of Louisville ULink account, they can search for classes by term. Any charges or fees associated with the verification of student identity will appear as a class note for that class.
The information for those class notes is collected several different ways:
- Rolling of course and class information from the previous year, same term;
- Updates to the charges/fees provided by units as they update their class information each term; and
- Approved new, changed, or deleted charges/fees based on approval of the Provost following recommendations by the tuition/fee setting Committee.
Each semester, class and course fees are rolled by class from the current summer, fall, and spring semester to the future summer, fall, and spring semester. The following is a general timeline of events leading to the schedule of classes production:
- November: Classes (including class/course fees and class/course notes on fees) are rolled from the current semester to the next semester. For example, Summer 2025 would roll to Summer 2026; Fall 2025 would roll to Fall 2026; and Spring 2026 would roll to Spring 2027.
- November - March: The information for the schedule of classes is updated by the academic department/units. For example, as of March 2025, the schedule of classes was released for Summer 2025, Fall 2025, and Spring 2026. Classes that have fees have a class note regarding that fee.
- April: Any additional approved/deleted/changed fees approved by the Provost are added to the schedule of classes information via a class note.
To find out more about how the university verifies an online student's identity, read the University's Identity Verification of Students Enrolled in Online Courses Policy.
Related Information:
Federal Regulation
34 §602.17(g): https://www.ecfr.gov/current/title-34/part-602/section-602.17#p-602.17(g)
34 §602.17(h): https://www.ecfr.gov/current/title-34/part-602/section-602.17#p-602.17(h)
SACSCOC
Distance Education and Correspondence Courses Policy Statement: https://sacscoc.org/app/uploads/2019/07/DistanceCorrespondenceEducation.pdf
Policy Reasoning:
Per federal law and the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC), institutions offering online education (hereinafter referred to as distance education) must have processes to establish that the student who registers in such courses is the same student who participates in and receives academic credit. In addition, the law requires institutions to notify students enrolled in such courses of any additional student charges associated with the verification of student identity at the time of registration or enrollment.
Responsibilities:
The Registrar's Office is responsible for the implementation of this procedure.
The academic units are responsible for providing updates to the fees associated with classes offered within their unit as they update class information each term.
procedure
Campus Sponsorship
Official University Administrative Policy
Policy Name:
Campus Sponsorship
Policy Number:
PUR 19 00
Policy Statement:
- All current or future sponsorship marketing agreements, inclusive of extensions and renewals of grandfathered agreements, must be communicated to, reviewed by and approved by the Office of Communications and Marketing.
- OCM is the only department with authorized signatory authority on all sponsorship agreements or marketing contracts. Individual units or departments should not contract directly with a sponsor on behalf of the University.
- Any agreement that provides marketing access to university audience's en masse (e.g. all students, all faculty, all staff, all alumni, all visitors) are only managed and executed by OCM in partnership with the Department of Procurement Services.
- If a unit identifies a prospective sponsor for a specific activity or asset, they must contact OCM to gain approval and ultimately execution of the final agreement.
- OCM will be present on any department-specific Request for Proposal where sponsorship or marketing value could be a portion of agreement with the potential vendor, as determined by OCM and the Department of Procurement Services.
- Anyone responsible for compliance of any type is responsible for notifying the Office of Communications & Marketing of any prohibitions relative to sponsorship.
Related Information:
All exceptions to the policy must have prior approval from OCM, which will be considered on a case-by-case basis.
For more information about this policy, including the rationale for the policy and definitions, please visit the Sponsorship Policy page.
Responsibilities:
Campus Sponsorship activities will be monitored by OCM in cooperation with the Office of Procurement Services. There will be an annual review by the Sponsorship Advisory Committee.
procedure
Credit Card PCI Merchants
Official University Administrative Policy
Policy Name:
Credit Card PCI Merchants
Effective Date:
February 1 2010
Policy Statement:
The following procedures are in support of the University's Credit Card Merchants (PCI) Policy.
Merchant Department Responsible Person (MDRP)
Any department accepting credit card payments on behalf of the University for gifts, goods, or services, (the "merchant"), shall designate an individual(s) within their department who shall have primary authority and responsibility for credit card transaction processing. This individual shall be referred to as the Merchant Department Responsible Person or "MDRP". All MDRPs shall be responsible for the following:
Merchant Creation
MDRP shall take the following steps to create a merchant account to accept card payments at the University:
1. Read Credit Card (PCI) Policy and these procedures thoroughly.
2. Complete and sign the Application for a New Merchant Account.
3. Submit signed application to Treasury Management.
Change of Merchant Account Notification
Merchants must notify Treasury Management via email at treasury@louisville.edu prior to making any changes to their merchant account which include: business name change, business process changes, personnel changes, address change and contract changes. It is the responsibility of the MDRP to maintain current account information.
Seasonal Merchant Accounts
Upon notification to Treasury Management, a merchant account can be changed to ‘seasonal status' by ‘deactivating' and ‘reactivating' merchant status. This status period must be at least (6) months. For example, an annual conference that only needs to be active for a few months, thus eliminating monthly fees during the inactive period.
Termination of Merchant Account
If a merchant no longer wishes to accept credit cards, the MDRP must notify Treasury Management via email at treasury@louisville.edu. Any equipment (swipe terminals) no longer used or decommissioned due to PCI non-compliance must be disposed of following the University's surplus and security policy and standards. Be aware an active status account is subject to monthly account maintenance fees by the processor.
Card Association Rules and Regulations
VISA, MasterCard, American Express and Discover are the only credit cards that may be accepted. Merchants are expected to comply with the rules and regulations set forth by each of the card associations in the processing of credit card payments. Each card association's rules and regulations can be found on their company's websites, or you can request a copy from Treasury Management. The card associations may impose fines or revoke the privilege of accepting credit cards for not complying with their rules and regulations. The following card association rules are noteworthy and must not be violated by a University Merchant:
1) No minimum credit card transaction amount may be set.
2) No surcharges to specifically cover the processing costs may be placed on credit card transactions, unless specific eligibility requirements are met (excludes face-to-face transactions).
3) You must accept a credit card as payment unless the transaction cannot be authorized.
4) If you require additional information, such as a driver's license or phone number, do not record the information on the sales draft.
5) Refunds for purchases made by credit card must be processed on the same card number, not by disbursing cash or a check.
Associated Costs
Merchants are responsible for all costs associated with the acceptance of credit cards including costs of supplies and equipment, as well as processing fees (i.e., interchange, authorization, monthly) and annual PCI allocation costs. Merchants are also responsible for responding timely in defense of a chargeback or any credit card transactions that are disputed and charged back to the University.
Transaction Accounting
All credit card transactions should be settled daily to ensure prompt payment. Any transactions not settled within 48 hours sustain higher processing fees. University Accounting will post deposits received for the full amount of the transaction on a daily basis to the Speedtype and Account code designated on the merchant application. Credit card fees are charged and recorded on a monthly basis. Therefore, merchants do not need to prepare journal entries to post the transactions unless re-allocation is needed via UA payment grid or IUT. However, it is the merchant's responsibility to review the activity and to ensure the data is correct in the enterprise financial system.
Retrieval Requests and Chargebacks
- A retrieval request most often occurs when a cardholder loses their receipt, does not remember the transaction or questions the transaction for any reason. Retrievals can be requested by the cardholder's bank for up to 18 months from the sale date, therefore, it is crucial that you keep your receipts for this time frame.
- A chargeback occurs when a cardholder or issuing bank disputes a transaction, up to 120 days for most disputes, when one party feels that the merchant has done something in error upon accepting the item. Reasons include: fraud, dispute over merchandise quality, or failure to receive merchandise. The merchant's account is debited and the merchant must provide proof that the transaction is valid and satisfactory to the rules/regulations of Visa/MasterCard to get money back. If contacted directly by the cardholder to resolve a dispute, you can avoid costly fees and processing costs as well as promote goodwill with your customer. If the cardholder does not contact you, respond to inquiries from Treasury Management with as much information as possible about the sales transaction in question.
Merchant Reviews
Periodic reviews of merchants will be coordinated by Treasury Management. Additionally, credit card handling procedures are subject to audit by Internal Audit. Merchants not complying with approved safeguarding and processing procedures may lose the privilege to serve as a credit card merchant.
Incident Response Plan
Merchant/Department Level: In the event that a Merchant knows or suspects that credit card data, including card number and card holder name, has been disclosed to an unauthorized person or stolen, the merchant shall immediately contact Treasury Management and the Information Security Office.
Merchant Services Level: If an actual breach of credit card data is confirmed, Treasury Management shall alert the Merchant bank, the UofL Police Department, the Legal Office, the Controller, the Director of Internal Audit, Chief Information Security Officer, the Director of ITS and any relevant regulatory agencies of the breach.
Related Information:
Additional information related to PCI security may be obtained at PCI DSS. For information regarding the University's general Information Security Office policies please visit the Information Security Office website.
Official University Administrative Policy
Policy Name:
Purchases From Correctional Industries
Policy Number:
PUR 37 00
Policy Statement:
The University is encouraged to purchase items and/or services supplied by Correctional Industries, if acceptable in price, quality, and delivery. Items and services may be purchased directly without competitive bids. There is no limitation with respect to the quantities that may be purchased.
Related Information:
- Correctional Industries, phone (800) 828-9524, shall furnish the University a current (priced) catalog listing products and/or services available. Services may be negotiated as the need arises.
- Prison-made products shall be produced in sufficient quantities to meet the reasonable delivery requirements of all Universities and shall meet the established standards of quality set by the Universities.
- Correctional Industries is invited and may elect to bid for various requirements of the University as advertised. Correctional Industries shall be given the same consideration as bidders from the private sector. If Correctional Industries is successful in presenting the lowest responsible bid meeting specifications, etc., it shall be awarded a price contract or purchase order, whichever is applicable.
Policy Reasoning:
Official University Administrative Policy
Policy Name:
CHEMEX User Submission Instructions
Policy Statement:
Only chemicals from University of Louisville labs, clinics and other support centers can be offered for CHEMEX. Chemicals that are unopened or partially used are eligible for CHEMEX. An opened chemical container must be certified as uncontaminated by the offeror. See Related Information section below for the criteria for acceptable chemicals in CHEMEX.
If a laboratory has a chemical that meets the acceptable criteria, the principal investigator or authorized lab personnel can submit a request for pick up via the on-line CHEMEX form. To submit a chemical for CHEMEX, provide the following information on the form:
- First name of offeror.
- Last name of offeror.
- Phone number of offeror (if cell phone, please provide area code).
- Department name.
- E-mail address of offeror.
- Building name where the chemical(s) is located (If an offeror has multiple CHEMEX chemical submission locations, a separate form must be completed for each location).
- Room number where the chemical(s) is located.
- E-mail address of offeror.
- Chemical name.
- Chemical abstract registry number (CASRN).
- Purity grade (Lab, Technical, Reagent, HPLC, etc.).
- Container size (numeric field followed by a drop down with units of measurement to include - mg, g, Kg, oz., lb., ml, L, pt., qt., gal, other).
- Container type (drop down list to include glass, plastic, metal, fiberboard, ampoule, other).
- Manufacturer.
- Manufacturer catalog or product number.
- Has the container been opened? Yes or No.
- Certification statement to attest to chemical quality -
󠄎П󠄎󠄎󠄎 "Checking this box indicates that the chemical(s) you are offering for CHEMEX meet the acceptable criteria as listed on the DEHS CHEMEX web page and is not contaminated with any other chemical to the best of your knowledge."
Offeror must click on the submit field once all fields have been completed.
DEHS Review and Approval (or Rejection)
After the on-line CHEMEX form has been submitted, please allow the Department of Environmental Health and Safety (DEHS) 7 to 10 business days for review and approval or rejection for pick up from the offeror.
Related Information:
Criteria for Acceptable Chemicals in CHEMEX
- Chemical must be within its recommended shelf-life period.
- Chemical must be in its original container.
- Chemical container must be in good condition and all labels must be legible.
- Chemical must maintain chemical integrity at ambient room temperature. Due to limited storage capability, chemicals which require refrigeration or freezer are not accepted into CHEMEX at this time.
- If the chemical has been opened, the chemical must be unadulterated. This must be certified by the offeror. A certification statement must be attached to the container.
- Each chemical will be reviewed prior to acceptance, DEHS may request an MSDS's from the offeror.
- The person who receives the chemical is responsible to determine the suitability of the chemical for their use.
- DEHS reserves the right to reject any chemical which they deem to not fit the conditions set forth in line items 1 - 5.
Unacceptable Chemicals
The following items are not eligible for CHEMEX:
- Expired chemicals.
- No laboratory prepared formulations.
- Cylinder, lecture bottles, and dewars.
- Radioactive materials.
- DEA controlled substances.
- Infectious substances and select agents.
- Highly reactive chemicals.
- Chemical that requires refrigeration or freezer.
- Any chemical DEHS deems could pose a substantial health or safety risk (i.e. potential peroxide formers).
procedure
Tornado Severe Weather Warnings
Official University Administrative Policy
Policy Name:
Tornado Severe Weather Warnings
Effective Date:
January 2013
Policy Statement:
If a tornado warning is issued, the campus community should take the following actions:
- Notify building occupants of the warning.
- Stay indoors and away from windows.
- Go to the safe haven in your building.
- If the safe haven is not known, move to the lowest level of the building and take shelter in small interior windowless rooms.
After the danger has passed, report any injuries requiring medical care to 911 or 502-852-6111. Leave the building if the building is significantly damaged and report the damage to Physical Plant.
Policy Reasoning:
Severe weather and/or tornados may pose a threat to the safety of the campus community. Emergency action must be taken by faculty, staff, and students to protect themselves from injuries.
Responsibilities:
Faculty - notify students and instruct them to take emergency action procedures.
Staff - notify building occupants and take emergency action procedures.
procedure
Utility Failure
Official University Administrative Policy
Policy Name:
Utility Failure
Policy Statement:
In case of utility failure (electricity, water, gas) immediately call Physical Plant Work Control at 502-852-6241 during normal business hours (Monday through Friday, 7:30 am - 4:30 pm) to report any utility failures.
If the phone service is affected, attempt to use the university's computer network to notify Physical Plant at phyplant@louisville.edu. After hours report all utility failures to the Department of Public Safety at 502-852-6111.
If someone is trapped in an elevator, call University Police at 502-852-6111. In any case, be prepared to provide the following information:
- Building name.
- Floor number.
- Room number (if applicable).
- Nature of the problem.
- Person to contact or telephone extension.
The Building Emergency Coordinator/Department Chair or the Designee will determine if employees should continue working or leave the building. Remain in place until notified by the emergency coordinator to leave, or the utility failure is over. Exit corridors, exit stairs, or exit doors should be evacuated while emergency lights are on. Emergency lighting is temporary and is not provided to continue building operations.
procedure
Auto Claims
Official University Administrative Policy
Policy Name:
Auto Claims
Effective Date:
1995
Policy Number:
Risk 1 00A
Policy Statement:
This information should be placed in the glove compartment of all University-owned vehicles.
What to do when an auto claim occurs:
- Obtain a police report from the University of Louisville Police Department or if not on a UofL campus, the appropriate police agency.
- Report the accident through the Enterprise Risk and Insurance website via the Auto Accident Report form. For questions, contact Enterprise Risk at 502-852-4654 or rskmgmt@louisville.edu.
- Stay Calm. Do not argue with other individuals involved in the accident. Take a picture of the accident scene and damages to all vehicles and property involved.
- If not on a UofL campus and someone is injured, call an ambulance. If on a UofL campus and someone is injured, relay that information to the University of Louisville Police (502-852-6111).
- Assist those injured but do not administer first aid unless you are qualified.
- Do not discuss what happened with anyone except the police.
- Do not admit responsibility for the accident, or sign a statement of any kind.
- Do not disclose insurance policy limits or coverage to anyone.
Auto Deductible
- $500 (per claim/accident).
- The deductible is the responsibility of the department filing the auto claim.
- The deductible is the responsibility of the department filing the auto claim.
Related Information:
15 Passenger Van Driving Guidelines
Policy Reasoning:
This procedure was developed to aid the University community in the event of an auto accident while driving a University vehicle or a rented or leased vehicle.
Responsibilities:
Departments with University vehicles and departmental employees renting vehicles for University business.
procedure
Natural Gas Leaks
Official University Administrative Policy
Policy Name:
Natural Gas Leaks
Policy Statement:
The following procedures should be followed when aware of a natural gas leak:
Large Leaks
- Evacuate the building immediately.
- Immediately notify the co-workers in the area first and then other people in the building.
- Notify Public Safety at 502-852-6111 or 911 and Physical Plant at 502-852-6241. Physical Plant may shut down HVAC to prevent the spread of natural gas through the cooling/heating system.
- Evacuate the building by either activating the fire alarm or by word of mouth. Building occupants should leave the area immediately, closing any doors as they leave. Any occupant who comes into contact with a student or visitor should direct them to take appropriate actions.
- Building occupants shall meet in the area identified as the gathering place.
- Personnel that are involved with a laboratory experiment or process shall take steps to stop the experiment or process to prevent additional accidents if it is to be left unattended.
- Building occupants should NOT attempt to stop the leak.
Small Leaks
- Any person who becomes aware of a smell that they identify as natural gas (rotten egg smell) shall immediately call Public Safety at 502-852-6111 or 911.
- Notify co-workers in the area.
Policy Reasoning:
Many buildings use natural gas for space heating, water heaters and/or gas appliances.
Definitions:
Gas leaks can be divided into two types, large and small:
Large gas leak - will be obvious with the release of gas in large quantities usually producing noise from the leak location and extremely strong odors. In most cases involving a large leak, the origin of the release will be obvious (i.e., a malfunctioning valve, or a witnessed breach of a gas line). This type of release would be uncontrolled at the leak location.
Small gas leak - can be identified as a gas odor, may be transient, and is smelled by building occupants. Typically, this type of release is from an unknown origin, and is detected only by the smell of gas.
Official University Administrative Policy
Policy Name:
Reporting Indoor Air Quality IAQ Issues
Effective Date:
September 2014
Policy Number:
DEHS Industrial Hygiene 8
Policy Statement:
Occupants of Offices, Classrooms, Shops, Labs and Athletic Facilities
- For temperature, odor or smell complaints, suspected water leaks of visible mold:
- Report concern to Physical Plant through work order system.
- Complete a Request for IAQ Investigation and an Occupant Survey (on DEHS web page at http://louisville.edu/dehs/occup-health-safety and submit the request form to the DEHS Service Account at http://louisville.edu/cgi-bin/uofl.mail?name=dehsih&subject=IAQ+Investigation%20Request.
- If requested, complete an IAQ Log (Excel) (at http://louisville.edu/dehs/occup-health-safety) and submit to the DEHS Service Account listed in 1, bullet 2.
- For IAQ complaints with no visible odors, leaks or mold:
- Complete a Request for IAQ Investigation and an Occupant Survey (on DEHS web page at http://louisville.edu/dehs/occup-health-safety and submit the request form to the DEHS Service Account at http://louisville.edu/cgi-bin/uofl.mail?name=dehsih&subject=IAQ+Investigation%20Request.
- If requested, complete an IAQ Log (Excel) (at http://louisville.edu/dehs/occup-health-safety) and submit to the DEHS Service Account listed in 1, bullet 2.
- Report concern to Physical Plant through work order system.
- Complete a Request for IAQ Investigation and an Occupant Survey (on DEHS web page at http://louisville.edu/dehs/occup-health-safety and submit the request form to the DEHS Service Account at http://louisville.edu/cgi-bin/uofl.mail?name=dehsih&subject=IAQ+Investigation%20Request.
- If requested, complete an IAQ Log (Excel) (at http://louisville.edu/dehs/occup-health-safety) and submit to the DEHS Service Account listed in 1, bullet 2.
- Complete a Request for IAQ Investigation and an Occupant Survey (on DEHS web page at http://louisville.edu/dehs/occup-health-safety and submit the request form to the DEHS Service Account at http://louisville.edu/cgi-bin/uofl.mail?name=dehsih&subject=IAQ+Investigation%20Request.
- If requested, complete an IAQ Log (Excel) (at http://louisville.edu/dehs/occup-health-safety) and submit to the DEHS Service Account listed in 1, bullet 2.
Physical Plant
- Investigate and determine the source and make any repairs.
- Refer the complaint to Department of Environmental Health & Safety (DEHS) if remedy to problem cannot be found.
Department of Environmental Health & Safety (DEHS)
- Interview building occupants and conduct building survey.
- Work with Physical Plant and occupants as needed to perform interviews, IAQ investigations or if issues with the HVAC or other building systems are identified during the investigation.
- Develop plan (if needed) to assist in locating and remediating source(s) of problem or concern.
Policy Reasoning:
The University of Louisville is committed to providing a work environment that is free of recognized hazards and to investigate complaints that may be related to poor indoor air quality (IAQ).
procedure
Abandoned Bicycles
Official University Administrative Policy
Policy Name:
Abandoned Bicycles
Effective Date:
November 2011
Policy Number:
PARK002
Policy Statement:
The University will remove abandoned bicycles in order to maintain adequate, safe, and accessible bike parking
- A bicycle shall be considered abandoned on University property if it remains in the same position for more than 7 days after notice of impoundment is attached to the bicycle.
- Abandoned bicycles are subject to impoundment, even if they are parked in a legitimate space.
- The Department of Public Safety is authorized to attach a notice of impoundment, remove, and impound bicycles and bicycle parts (such as wheels) from University property under the following circumstances:
- When a bicycle is found under circumstances which indicate it has been abandoned (i.e., it appears to be inoperable and/or has not been moved for an extended period of time, except at residential buildings);
- When a bicycle is parked in manner blocking handicapped access, exits, fire lanes, or otherwise jeopardizing public safety;
- When a bicycle is suspected of being stolen; or
- During announced abandoned bike sweeps targeted to remove abandoned bikes from residential community racks. Bike sweeps will be coordinated with Housing.
- If a bicycle is impounded, the owner will have 90 days to claim it from the Department of Public Safety and pay any relevant citation, storage and impoundment fees.
- Claimants must provide proof of ownership or a reasonably accurate description of the bicycle and the location of abandonment. The Department of Public Safety has sole authority to determine the sufficiency of such evidence, and the determination shall not be subject to protest, appeal, or review.
- The University of Louisville is not responsible for loss or damage to locks or security devices removed for the purposes of bicycle impoundment.
- Bicycles unclaimed after 90 days will be disposed of according to the provisions of state law and may be repurposed for use in University bicycle-share programs.
For ease of identification and recovery, persons parking bicycles on campus are to record their serial numbers and to register their bicycles through the Department of Public Safety Parking and Transportation Division. The Department of Public Safety shall make a good faith effort to contact the registered owner so that they may reclaim their bicycle.
Policy Reasoning:
Campus bicycle parking facilities are limited and designed for temporary parking of bikes in active use, not long-term storage. Abandoned bicycles reduce the number of parking spaces available for others and can cause safety, accessibility, and aesthetic problems.
Official University Administrative Policy
Policy Name:
Determination of Student Location and Professional Licensure Notification Processes for Students
Effective Date:
July 1 2024
Policy Statement:
The University of Louisville has established procedures to determine and document student location at the time of initial enrollment in accordance with 34 CFR 600.9(c)(2) and during the pre-registration process each fall and spring academic term for currently enrolled students. These procedures for student location determinations and professional licensure notifications are outlined in the Procedures section of this document.
Failure to Comply with this Procedure
Failure to comply with this procedure could result in potential violations of federal or state laws and/or regulations and subject the University to potential sanctions. An employee's failure to comply with this procedure may result in disciplinary action in accordance with University policies.
If the Secretary of the Department of Education determines that the University has violated federal or State authorization or professional licensure requirements, the Secretary may deny Program Participation Agreements (PPA) made on behalf of the institution or initiate a proceeding against the institution that could limit or suspend the University's participation in title IV federal financial aid programs.
Related Information:
U.S. Department Regulatory Citation: 34 CFR § 600.9(c)(2), § 668.43 (a)(5)(v) and (c), and § 668.14(b)(32)(ii)
Policy Reasoning:
The University of Louisville (University) is committed to complying with the Department of Education's requirements for title IV of the Higher Education Act of 1965, as amended. The purpose of the procedure is to document the University's processes for determining student location at the time of initial enrollment in accordance with 34 CFR 600.9(c)(2) and 668.14(b)(32)(ii) and for providing written, electronic notifications to prospective students, as well as students currently enrolled, as required by the Code of Federal Regulations (668.43(a)(5)(v), 668.43(c), and 600.9(c)(2)).
Definitions:
The following definitions apply to this procedure:
Local address is defined as the location of study, which refers to where the student is physically located while receiving the education during the academic term.
Professional licensure program is defined as an educational program that is designed to meet educational requirements for a specific professional license or certification that is required for employment in an occupation or is advertised as meeting such requirements.
A state is defined as a State of the Union, American Samoa, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. The latter three are also known as the Freely Associated States.
PROCEDURES
Determination of Student Location
The University of Louisville will determine a student's location:
1. Upon completion of the prospective student's initial application to a program:
a. For students enrolling in programs that require at least one face-to-face, on-campus course during the initial term of enrollment in the program, the University determines that students are located in the State of Kentucky for purposes of federal and State requirements.
b. For students enrolling in programs that do not require at least one face-to-face, on-campus course during the initial term of enrollment in the program, the University determines the State included on the prospective student's initial application to be the student's location for purposes of federal and State requirements.
2. During the pre-registration process each fall and spring academic term for currently enrolled students:
a. For currently enrolled students in at least one face-to-face, on-campus course during the respective academic term, the University determines that students are located in the State of Kentucky for purposes of federal and State requirements.
b. For currently enrolled students in distance education courses only during the respective academic term, the University considers the State that the student provides during pre-registration for their local address to be the student's location throughout the term for purposes of federal and State requirements.
Notification to Students Enrolled in Professional Licensure Programs
For Prospective Students
The University will provide a written, electronic notification to prospective students during the application process if the following applies:
- The program the student has applied to does not meet the educational requirements for licensure or certification for the State the student is located in as determined by the procedures herein.
- No determination has been made whether the program meets the educational requirements for licensure or certification for the State the student is located in as determined by the procedures herein.
For Currently Enrolled Students
The University will provide written, electronic notification within fourteen (14) calendar days of making a determination if the program in which the student is enrolled does not meet the educational requirements for licensure or certification for the State the student is located in as determined by the procedures herein.
Responsibilities:
The Registrar's Office is responsible for oversight, interpretation, and implementation of this procedure and for producing enrolled student reports when required by these procedures.
Students are responsible for providing the University with accurate local address information each academic term when answering the pre-registration questions. Before relocating outside the state of Kentucky, students should review the state authorization information on the University of Louisville's Accreditation and Authorization page. It is important for students to understand that some state agencies may restrict out-of-state learning placements and/or online programs. For any program that leads to licensure or certification, a student should consult with their advisor and/or the program administrator prior to any relocation to determine whether the program meets educational requirements for professional licensure or certification in that State.
The Office of Admissions is responsible for providing written, electronic notification to prospective students at the time of application to an educational program in accordance with the "Notification to Students enrolled in Professional Licensure Programs" section of these procedures.
The Distance Education Compliance Manager will provide written, electronic notification to currently enrolled students within fourteen (14) calendar days in accordance with the "Notification to Students enrolled in Professional Licensure Programs" section of these procedures.