STOCKTON AFFILIATED SERVICES, INC.
EMPLOYEE MANUAL
THIS EMPLOYEE MANUAL DOES NOT CREATE A CONTRACT OF EMPLOYMENT
BETWEEN YOU AND SASI.
YOUR EMPLOYMENT WITH SASI IS “AT WILL” MEANING THAT EITHER YOU OR
SASI MAY TERMINATE YOUR EMPLOYMENT AT ANY TIME WITH OR WITHOUT
CAUSE.
THIS EMPLOYMENT MANUAL SUPERSEDES AND REVOKES ANY PREVIOUSLY
ISSUED EMPLOYEE MANUAL(S) OR HANDBOOK(S).
NO ONE, OTHER THAN SASI DIRECTORS OR OFFICERS, HAS THE AUTHORITY
TO CREATE A CONTRACT OF EMPLOYMENT WITH YOU OR TO ALTER THE AT
WILL NATURE OF YOUR EMPLOYMENT RELATIONSHIP WITH SASI.
ACKNOWLEDGED AND ACCEPTED:
DATE:
EMPLOYEE NAME (PRINT):
EMPLOYEE (SIGN):
(1) Welcome Message from the President
Dear Employee,
Welcome to SASI,
We are excited to have you as part of our SASI.
We value our employees and encourage them to make productive suggestions. We want you to
succeed at your job.
This Employee Manual, inclusive of an Acknowledgement Form, sets forth the general
administrative policies, goals, and benefits of SASI and replaces and supersedes any prior
manual(s). This Manual remains the property of SASI and must be returned upon request.
You should use this Manual as a reference as you pursue your career with us. Each of the policies
is dated and is current as of that date, but may be unilaterally canceled or amended by SASI at any
time, with or without notice, and we shall also reserve the right to deviate from the policies herein
in our sole discretion. When there is a change in a policy we will update this Manual as soon as
possible. Feel free to discuss with us any questions you may have about this Manual or about your
employment with us.
To your success at SASI.
Sincerely,
E. Michael Angulo, Esq., President
(2) SASI Operations
Stockton Affiliated Services, Inc. a non-profit auxiliary organization for Stockton University
provides many services for the Stockton University community such as off campus housing rentals
for graduate students, faculty and staff; transportation and safety services, dining services, and
campus bookstore.
Mission Statement:
Stockton Affiliated Services, Inc. is a self-supporting enterprise established to increase, expand,
and improve service levels at Stockton University by providing effective, efficient and innovative
business solutions that help the University achieve its teaching, scholarship and public service
missions while improving operating results and financial position of the University.
Key Management:
E. Michael Angulo, Esq., President
Brian Kowalski, Esq., Vice President
Jim Rottler, Director
Key contact information for SASI is as follows:
101 Vera King Farris Drive
Galloway NJ 08205
Phone: 609-626-3613
www.stockton.edu/sasi
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(3) Equal Opportunity; Immigration Law
3.1. Equal Opportunity Statement
SASI is an equal employment opportunity employer and does not discriminate against employees
or job applicants on the basis of race, religion, color, sex, age, national origin, mental or physical
disability, veteran or family status, genetic information, or any other status or condition protected
by applicable federal, state, or local laws, except where a bona fide occupational qualification
applies.
This policy extends to all aspects of the employment relationship, including, but not limited to,
recruiting, interviewing, job assignments, training, compensation, benefits, discipline, use of
facilities, participation in SASI-sponsored activities, termination, and all other terms, conditions,
and privileges of employment.
3.2. Immigration Law Compliance
In accordance with the Immigration Reform and Control Act of 1986 (IRCA), SASI only employs
individuals who are legally authorized to work in the United States. Furthermore, SASI does not
continue to employ any individual whose legal right to work in the United States has been
terminated.
U.S. Citizenship and Immigration Services Form I-9 is used to verify your identity and
employment eligibility. You must complete the employee section of Form I-9 and provide the
required documentation supporting your identity and employment eligibility before you may begin
working.
3.3. Americans with Disabilities Act Compliance
SASI adheres to the Americans with Disabilities Act (ADA), as amended, and makes every effort
to ensure that qualified individuals with a disability are not discriminated against in any terms,
conditions, or privileges of employment. The ADA requires employers to provide reasonable
accommodation to qualified individuals with known disabilities in all aspects of employment,
unless the accommodation would cause an undue hardship to the employer.
An exhaustive description of what does and does not constitute a disability is beyond the scope of
this manual, but basically an individual with a disability is a person who:
(1) Has a physical or mental impairment substantially limiting one or more major life
activities; or
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(2) Has a record of such impairment; or
(3) Is regarded as having such an impairment (however, no reasonable accommodation is
required in this instance).
A qualified individual is a person with a disability who meets the skill, education, experience,
training, and other job-related requirements of position, and who, with or without reasonable
accommodation, can perform the essential functions of the position. We are committed to
providing reasonable accommodation to the known physical or mental limitations of such
individuals so they can perform the essential functions of a job, unless such accommodation would
create an undue hardship to us.
If you need an accommodation under the ADA, you should immediately notify us.
(4) Policies and Rules
4.1. At Will Employment
As an employee of SASI, you are you are an “employee at will”. This means that either you or
SASI may choose to terminate the employment relationship at any time, with or without cause,
and with or without advance notice. However, we request that whenever possible, as a courtesy,
you provide two weeks’ advance notice of your intention to quit, so that we may plan accordingly.
Any information outlined in this Manual or in any other SASI document, except a written
employment contract executed by the parties thereto (in which case, how and when a termination
or resignation may occur will be controlled by the terms of such employment contract), does not
modify the employment at will policy and should not be interpreted to mean that termination will
occur only for “just cause”. This Manual does not create an express or implied contract of
employment for a definite and specific period of time between you and SASI, or otherwise create
express or implied legally enforceable contractual obligations on the part of SASI concerning any
terms, conditions, or privileges of employment. Except for an employment contract, any
documents or statements, written or oral, prior, current, or future, that conflict with the
employment at will policy are void.
Regular Full-Time is an employee who has no termination date and who is regularly scheduled
to work 35 or more hours per week. Regular full-time employees may be either exempt or non-
exempt from overtime pay.
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Temporary Employee is an employee who is hired for a certain length of time and who is paid
only for their hours worked. A temporary employee will not receive any benefits or holiday or
vacation pay.
Provisional Employee is an employee who has not yet completed the sixty (60) day provisional
period after first being hired, as detailed in Section 4.16 of this Employee Manual. At-will
employment remains at-will during and upon the completion of the provisional period.
Exempt Employee is generally an employee who is an executive, professional, administrator, or
manager. Exempt employees are generally paid a salary, without overtime.
Nonexempt Employee is an employee who does not qualify for exempt status, and is generally
paid on an hourly basis, including overtime.
Any concerns about your employee classification should be addressed to your supervisor.
4.2. Confidential Information
As the result of your employment at SASI, you may acquire and have access to confidential
information belonging to SASI of special and unique value. This includes such matters as SASI’s
personnel information, procedures, financial information and projections, records, donor and
prospect names and analysis, as well as any other information specific to SASI. Any information
which is disclosed to the public by SASI shall not be deemed confidential information.
As a condition of employment, you must and hereby do agree that all such information is the
exclusive property of SASI, and you will not at any time use or disclose to anyone any such
information, or comment to anyone outside SASI about the information, whether or not it has been
designated specifically as “confidential”, except in the responsible exercise of your job duties, or
to a government or law enforcement agency when you reasonably believe the information discloses
a violation of a federal, state, or local law or regulation.
Violation of our confidential information policy may result in disciplinary action, up to and
including termination, civil litigation, and criminal prosecution. If you are ever unsure of your
obligations under this policy, it is your responsibility to consult with your supervisor for
clarification.
4.3. Personal Information and Employee Records
It is important that the personnel records of SASI be accurate at all times. In order to avoid
problems with your benefit eligibility, tax liability, or our ability to communicate with you
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regarding shift changes and the like, SASI requires that you will promptly notify your supervisor
or human resources representative of any change in your name, home address, telephone number,
number of dependents, or any other information pertinent to your employment with SASI. You
must complete and submit a new IRS Form W-4 to us any time any of the information on the form
changes.
An employee has the right to review his or her own personnel file in the presence of an authorized
Human Resources Representative. Any employee who wants to review his or her personnel file
must submit a written request to the Office of Human Resources twenty-four hours in advance.
Employees may not remove anything from their file but may request copies of information
contained in their file.
4.4. Attendance and Punctuality
SASI believes that a good record of attendance and punctuality is an essential component of good
work performance. Except as otherwise provided by law, you are expected to be at your work
station, dressed and equipped appropriately and ready to work, by your scheduled start time. If,
for any reason, you are unable to report for work on time, or unable to remain at work until the
end of your shift or normal work day, you must notify your supervisor directly before your regular
starting time.
All time off must be requested in advance and should be submitted in writing as outlined in the
appropriate categories, except for sick leave. (See Sick Leave and other categories for specific
details outlined below.) Excessive absences may result in disciplinary action, up to and including
termination.
All notifications of absences must be face-to-face, in writing in a letter or on a SASI-provided
form, or by telephone to your supervisor, as designated from time to time. No employee may call
in sick by email, text message, or social media, and, absent an emergency, it not acceptable to call
in sick less than an hour before you are due to report to work.
4.5. Dress Code
As an employee of SASI, you must maintain a clean, neat appearance when reasonably possible.
Your attire should be consistent with the type of work you are performing and with safety
considerations. Examples of inappropriate dress include bare feet, flip-flops, tanks tops, midriffs,
bathing suits, cut-off and ripped jeans, and clothing with obscene or distasteful slogans or gestures.
Any required uniform and/or safety equipment will be provided to you at SASI’s expense.
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Management and those employees who come in contact with the public, are expected to dress in
accepted business tradition that reflects the image SASI seeks to project. Good personal grooming
and hygiene are also essential and should contribute to a professional appearance.
If you have further questions about your expected attire, please discuss these questions with your
immediate supervisor.
4.6. Work Hours and Overtime Pay
Nonexempt Employees
SASI offices are generally open from 8:30 am to 5:30 pm, Monday through Friday. Depending on
your job classification, you will be scheduled to work a 35-hour or 40-hour work week. Your
supervisor will advise you of your work schedule. Employees may work a four-day week during
the summer. The hours of operation are 8:00 am – 5:15 pm for 35-hour a week employees and
6:30 am – 5:00 pm for 40 hour per week employees.
For nonexempt employees, overtime work is only performed when approved in advance by
your supervisor. You are expected to work necessary overtime when requested to do so, and
you will receive time and one-half regular pay for time worked exceeding forty (40) hours in
any given work week.
When computing total hours worked in a work week for purposes of calculating overtime pay,
only hours actually worked are counted. Time off from work, such as holidays, jury duty, and
reporting time pay is not counted as hours worked even if you are paid for such time off.
Exempt Employees
The normal work week is thirty-five (35) hours, or forty (40) hours depending on your position.
While you are generally expected to work the number of hours stated above, SASI does not
guarantee that you will actually be able to perform all of your work duties in this amount of time.
You are expected to put in the amount of time over 35 hours or 40 hours per week necessary to
complete your job duties and occasionally, substantial extra work may be required. If you are
overburdened with work and unable to complete your assignments with a moderate amount of
additional work each week, please speak to your supervisor; however, an increased workload is
often part of having more responsibility at work and receiving increased pay.
Exempt employees are not paid overtime for hours worked above 35 or 40 hours per week; some
amount of expected work over 35 or 40 hours per week is built into your compensation package
as a salaried employee.
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4.7. Time Sheets
When requested by your supervisor, you must complete a time sheet that accounts for all time that
you have taken for sick, personal and vacation time each pay period. Pay periods are two-week
duration. Your supervisor must approve all time entries that have any corrections or adjustments.
Vacations days, sick days, holidays, and absences such as jury duty, or military training, should
be specifically noted on the time sheets for days on which they occur. Paid vacation and holidays
should be counted and used as full workdays.
The work week commences 12:01 AM Saturday and ends on midnight on the following Friday.
A new time sheet should be used for each pay period and your sheet for the prior period submitted
promptly to your supervisor.
Time sheets must be completed accurately. Your signature on the time sheet is required to certify
its accuracy as a record of the time actually worked. Falsifying a time report can lead to
disciplinary action, up to and including termination. Furthermore, the falsification of a time sheet
is a fraudulent act for which an employee may be prosecuted.
4.8. Meal Period
Nonexempt employees are allowed a daily sixty-minute unpaid meal break for regular full time
employees. Meal breaks will generally be taken on a staggered schedule so that your absence from
work does not create a problem with the day-to-day operations of SASI. Any other breaks during
the work day must be approved in advance by your supervisor and shall also not be paid, except
as otherwise required by law.
Exempt employees may take a meal break and a reasonable amount of other breaks at their
discretion.
If you are unable to take your meal or other breaks in a timely fashion, please notify your
supervisor or human resources representative immediately.
4.9. Safety and Accident Rules
Safety is a priority at SASI. We strive to provide a clean, hazard-free, and safe environment in
accordance with the Occupational Safety and Health Act of 1970.
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As an employee, you are expected to take part in maintaining this environment. You should
observe all posted safety rules, adhere to all safety instructions provided by your supervisor, and
use safety equipment when required. It is your responsibility to learn the location of all safety and
emergency equipment, as well as the safety and/or emergency phone numbers.
You may be required to purchase and maintain some of your own safety equipment. Any problems
with SASI-provided safety equipment should be reported to your immediate supervisor. If it is
not safe to work for any reason, report the problem to your supervisor immediately.
All work related accidents are covered by Worker’s Compensation Insurance pursuant to the laws
of the state of New Jersey.
4.10. Smoking
Our goal is to provide a healthy and pleasant work environment for all employees. Smoking is
only permitted at designated area on the Stockton campus.
4.11. Use of SASI Property
SASI will provide you with the necessary equipment to do your job. None of this equipment
should be used for personal use, nor should any equipment be removed from SASI work premises
unless approved by your supervisor. This includes SASI vehicles, telephones, and computers.
Any items or packages brought into or taken out of the work place are subject to inspection at any
time. Likewise, any personal desk, filing cabinet, locker, or storage space provided to you is also
subject to inspection at any time. Do not take pictures of SASI premises, property, or personnel,
or make copies of SASI documents or files.
Personal telephone calls, text messages, and Internet usage should be kept to a minimum when
using SASI phones or computers, or during work hours, unless authorized by your supervisor.
Any such personal use should be made at a time that does not interfere with your or your co-
workers’ job performance. Please see the Use of Mobile Devices policy, below (Section 4.13).
SASI reserves the unilateral right to review, monitor, access, audit, intercept, and disclose an
employee’s use of telephone at any time, with or without notice, and with or without an employee’s
permission. You should have no expectation of privacy or confidentiality with respect to any use
of the telephone, voicemail, or two-way radios at work.
Use of SASI’s stationery, office supplies, or postage for personal use is strictly prohibited.
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SASI premises, telephones, faxes and email are not to be used for employees or others to engage
in the practice of soliciting collections or donations; selling raffles, goods, or services; operating
betting pools; or solicitations of any kind.
Use of radios, audio headsets, and televisions, SASI-owned or otherwise, is at the discretion of
supervisors only, and – if allowed – must be used in a manner that does not interfere with the safety
of the work place or with the ability of others to perform their work.
Parking on SASI property shall be subject to posted parking rules and is limited to one properly
insured and licensed vehicle per employee. No storing of vehicles during off hours or vacations
or leave is permitted.
4.12. Use of SASI Computers, E-mail, and Internet
Use of SASI computers, printers, peripherals, and electronic equipment is primarily for job-related
or approved activities only. Inappropriate use of SASI computers, which may be defined from
time to time at the discretion of SASI, may subject you to discipline, up to and including
termination.
Inappropriate use includes, but is not limited, to the following:
A. Use of SASI computers to send or receive messages, pictures, or computer files
which are illegal, pornographic, sexist, racist, harassing, discriminatory,
defamatory, or physically threatening or intimidating. If you receive such material,
you should notify your supervisor immediately.
B. Creating or forwarding spam, junk, or chain emails.
C. Loading software that is not approved in advance by management.
D. Making illegal copies of licensed software.
E. Using software or techniques that would provide unauthorized access to SASI’s
computers or would disrupt our equipment in any way.
F. Using SASI computers, printers, or email excessively for personal and/or non-SASI
related use, for economic gain or otherwise, including personal email, shopping,
blogging, and social media, unless authorized by your immediate supervisor.
G. Sending or posting SASI’s or its vendor’s or customer’s confidential information,
whether anonymously or otherwise, by email, text, instant message,
videoconference, or posting to any Web site, blog, or social media site.
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H. Unauthorized use of SASI trademarks, names, logos, letterhead, and copyrighted
material.
Employees may be disciplined or terminated for inappropriate use of technology, including the
Internet, email, text messages, instant messaging, blog posts, Web sites, or social networking
Websites, even when such use does not involve SASI computers, systems, or property. You should
not assume any inappropriate email or text message sent or posted to a Web site, blog, or social
networking Web site is private; such communications may eventually come to our attention and,
depending on the circumstances and content, result in discipline up to and including termination.
Any message or file created or sent using any SASI computer or other electronic device is the
property of SASI. You should have no expectation of privacy or confidentiality in any message
or file that is created, stored, or sent using the computers or other communication equipment
belonging to SASI, and SASI reserves the unilateral right to review, monitor, access, audit,
intercept, copy, print, read, disclose, modify, retrieve, and delete any work you do on a SASI
computer, including email.
If provided, your work email account(s) is primarily for SASI-related communication rather than
for personal use. Except as authorized by your supervisor in the course of your work duties, you
are not authorized to access the computer(s), email account(s), or files of any other SASI employee.
If provided, Internet access is likewise primarily for SASI purposes rather than for personal use.
SASI reserves the unilateral right to review, monitor, access, audit, intercept, and disclose an
employee’s use of the Internet at any time, with or without notice, and with or without an
employee’s permission. You should have no expectation of privacy or confidentiality with respect
to any use of the Internet at work.
You must take reasonable precautions against receiving or spreading computer viruses, as well as
against wasting computer resources, including computer time, and email server and Internet access
bandwidth. Even with these precautions, the Internet contains millions of pages, and we cannot
be responsible for sexually explicit, offensive, or otherwise unpleasant information or images
which you may come across in accessing the Internet for work purposes.
None of the policies in this manual shall be interpreted or applied so as to interfere with the
protected rights of employees to discuss or share information related to their wages, benefits, and
terms of employment amongst themselves or with outside parties.
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4.13. Use of Mobile Communication Devices
Employee use of SASI cellular telephones, tablets, notebook, and laptop computers, and other
mobile communication devices is for job-related or approved activities only. These policies apply
to any communications device that makes, sends, or receives phone calls, emails, text messages,
instant messages, photographs, and/or graphics, or has the capacity to browse the Internet.
Inappropriate use of such devices, which may be defined from time to time at the discretion of
SASI, may subject you to discipline, up to and including termination.
Likewise, use of your personal mobile communication devices during work hours or on SASI
premises is subject to restrictions and may subject you to discipline, up to and including
termination. We are not responsible for the loss or damage you may occur to your mobile device
at work. You are encouraged to consider leaving expensive belongings at home.
Mobile communication devices are a distraction while working at SASI. Telephone calls during
regular work hours may interfere with employee efficiency and safety while performing your job.
And they also can be a distraction to other employees around you. Employees are therefore
directed to make personal calls during approved breaks and meal periods. During regular work
hours all cellular telephones and similar electronic communication devices must be turned off.
Exceptions:
This policy does not apply to mobile communications devices supplied by SASI that are
used exclusively for work purposes. However, when using the telephone for SASI
purposes, please be mindful of other employees around you and attempt to minimize
distractions for them and interference with their job duties.
This policy does not apply when there is an emergency that requires that you be accessible
by phone, such as a medical emergency. If you are in doubt as to what constitutes an
emergency for this purpose, please consult your supervisor before turning your mobile
communications devices at work.
Swipe Card Access/Keys
Access to buildings and offices is either through a magnetic strip on your ID card or with a
traditional key. If you lose your ID card, you must report it immediately to ManageMyID.com or
Campus Police and download a replacement form from the College Office of Human Resources
web page. Keys issued to employees must be safeguarded. Keys should not be loaned to anyone
else and should only be used to carry out SASI business. Employees will be held accountable for
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all keys assigned to them and must return them when requested or at the time of separation from
the SASI.
Driver’s License
Some employees are required to operate a motor vehicle as part of their job duties. These
employees are required to possess a NJ driver’s license or other license valid in the state of New
Jersey. Employees who are required to drive SASI vehicles must notify their supervisors and the
Chief Operating Officer if their license is revoked or suspended, or if they permanently or
temporarily lose their driving privileges.
Confidential Information
All SASI records and information relating to employee personal information, including but not
limited to, social security numbers, z numbers, health information, etc. are deemed confidential
and must treat this information accordingly. SASI notes, files, records, oral information or
computer files are not to be removed from the premises without the permission of general counsel.
You may not disclose any confidential information, purposefully or inadvertently through casual
conversation, to any unauthorized person whether employed by SASI, the College or not. If you
are unsure about the confidential nature of specific information you must ask your supervisor for
clarification. You will be subject to appropriate disciplinary action, up to and including
termination, for knowingly or unknowingly revealing information of a confidential nature.
4.14. Substance Abuse Prohibition
SASI takes seriously the problem of drug and alcohol abuse and is committed to providing a
workplace free of such substances. This Substance Abuse Prohibition applies to all employees.
SASI will not tolerate employees that are impaired by or under the influence of alcohol or drugs
while working. No employee is allowed to consume, possess, sell, or purchase any alcoholic
beverage on any property owned, leased, or operated by SASI, or in any vehicle owned or leased
by SASI. No employee may use, possess, sell, transfer, or purchase any drug or other controlled
substance that may alter an individual’s mental or physical capacity while working for SASI. The
exceptions are over-the-counter pain relievers and the like, used as intended and directed, and any
other drugs that have been prescribed to you, and which are being used as prescribed by your
doctor.
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In cases where the use of alcohol or drugs poses a threat to the safety of other people or property,
you must report the violation. Employees who violate our Substance Abuse Policy will be subject
to disciplinary action, up to and including termination.
As a part of SASI’s policy to ensure a drug and alcohol free workplace, within the limits of
applicable federal, state, and local laws, SASI reserves the right, in its sole discretion, to test for
drugs and alcohol. Some such situations may include, but not be limited, to the following:
A. In conjunction with an offer of employment with SASI, where allowed by statute;
B. Where there are reasonable grounds for believing an employee is under the
influence of alcohol or drugs;
C. As part of an investigation of any accident in the workplace in which there are
reasonable grounds to suspect alcohol and/or drugs contributed to the accident;
D. On a random basis, where allowed by statute;
E. As a follow-up to a rehabilitation program, where allowed by statute;
F. As necessary for the safety of employees, customers, or the general public where
allowed by statute.
All tested employees will be able to receive a copy of the laboratory results that certify the results
or the testing done. It is a condition of your employment and continued employment with SASI
that you comply with the Substance Abuse Prohibition.
SASI will reasonably accommodate any employee who wishes to voluntarily enter and participate
in an alcohol or drug rehabilitation program, so long as this does not pose an undue hardship to
SASI. SASI reserves the right to refuse to hire or to terminate the employment of any employee
who, because of his or her current use of alcohol or drugs, is unable to perform his or her work
duties, or cannot perform his or her duties in a manner which would not endanger the employee’s
health or safety, or the health or safety of others.
4.15. Harassment and Discrimination Policy
The Policies Against Discrimination and Harassment adopted by the Board of Directors on
September 5, 2008 is replaced in its entirety by the Stockton University Policy Prohibiting
Discrimination in the Workplace, last revised on February 16, 2011, and adopted by the SASI
Board of Directors at its January 27, 2017 meeting.
A copy of the University Policy Prohibiting Discrimination in the Workplace is appended to this
Employee Manual and fully incorporated herein by reference. All references to Stockton
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University and University employees in the policy shall apply to Stockton Affiliated Services, Inc.
and its employees.
All SASI employees must sign and date that they have read the University Policy Prohibiting
Discrimination in the Workplace appended to this Employee Manual and agree to comply with
this policy.
4.16. Performance & Salary Reviews; Provisional Period
Each new, promoted, or transferred employee will be given an oral or written job description that
details the requirements and expectations of the new position. Performance reviews will normally
be conducted for regular full time employees every twelve (12) months from the date you were
hired or date established by SASI for performance reviews with the exception of the three (3)
month review at the end of your provisional period.
Employee reviews are based on job description and work performance. Wage increases will be
based upon reviewing these results as well as the following: Dependability, cooperation, attitude,
and any disciplinary actions that have been taken (in addition to SASI’s overall financial condition
and success in meeting its goals). Your supervisor will review and discuss with you your hourly
wage or salary and your job position and expectations during your review.
During the sixty (60) day provisional period upon first being hired by SASI, you understand that
you will not be considered a regular employee until you have satisfactorily completed this required
provisional period of employment, as determined by SASI management. The purpose of the
provisional period of employment is to determine your job satisfaction and to allow SASI to
evaluate your job performance.
During said provisional period, you may or may not be eligible for some of the benefits offered by
SASI to regular employees. The end of the provisional period does not change your employment
at will status. Your employment may be terminated before the end of the provisional period.
4.17. Payroll
Nonexempt Employees
You will be paid for your work bi-weekly on the regularly-scheduled payday following the pay
period in which the work was performed.
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Exempt Employees
You will be paid for your work on the regularly-scheduled paydays of the month commencing the
pay period after that in which you begin work. Pay checks are normally issued e every two weeks.
All Employees
Direct deposit of pay checks is required of all employees.
If there is an error in your pay check, notify your supervisor immediately. Every effort will be
made to remedy the discrepancy as quickly as possible. If your pay check is lost or stolen, notify
your supervisor immediately. A new pay check will be issued after payment has been stopped on
the original check. SASI will not be obligated to indemnify an employee for any monetary loss
suffered as a result of a lost pay check if we are unable to stop payment on the original check.
SASI will deduct Federal Social Security and Income Tax and all other legally required deductions
from your payroll check each pay period.
4.18. Reporting Absences
In all instances specified in Sections 5.1 through 5.10, as described below, all leave requests and
approvals should be made in writing whenever possible.
After three (3) days of unauthorized absence, and if it receives no acceptable explanation, SASI
may assume that you have resigned.
(5) Benefits and Services
Except where required by applicable federal, state, or local law, the benefits provided to employees
by SASI may be canceled or modified by the employee voluntarily at any time. Please
communicate with your supervisor if you have any questions concerning the benefits available to
you.
5.1. Holidays
SASI observes the following holidays. Holidays follow the College calendar are subject to change:
Holidays
New Year’s Day
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Martin Luther King’s Birthday
President’s Day*
Good Friday*
Memorial Day
Independence Day
Labor Day
Columbus Day*
Election Day*
Veteran’s Day*
Thanksgiving Day
Christmas Day
There are five state holidays that all SASI offices remain open. Regular Full Time Employees who
work those holidays receive compensatory time. Regular full-time employees are paid seven (7)
straight time hours for each holiday. Temporary and provisional employees are not paid for
holidays. When a holiday falls on a weekend, SASI will designate the Friday preceding or Monday
following as the observed holiday at the discretion of SASI. Employees must be in pay status on
the work day preceding a holiday to receive compensation.
*Indicates SASI is open and employees may work to earn comp time.
5.2. Vacation
Nonexempt full-time regular employees are entitled to the following paid vacation schedule per
year worked based on length of employment:
During the first year of employment, classified employees earn a half day administrative leave for
each full calendar month of employment (for a maximum of three) and one vacation and one sick
day for each month worked.
In January of each year thereafter, classified employees are advanced their allotted sick,
administrative and vacation leave. Vacation time corresponds to an employee’s years of service.
Leave time is allotted at the beginning of the year with the assumption that the employee will
remain in pay status the entire year. If the employee resigns before the end of the year, the time
for that year will be prorated. Any time taken but not earned will be deducted from the employee’s
final paycheck. Also, anyone on a leave without pay may be subject to their leave balance being
adjusted for that year to reflect what was actually earned.
Use of administrative and vacation leave must be requested by the employee and approved in
advance by the supervisor.
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1. Administrative Leave: Administrative Leave may be used for emergencies,
observance of religious or other days of celebration, or for personal
business. Administrative leave must be used in the year it is earned and
cannot be carried over into another calendar year.
2. Vacation Leave: Vacation should be taken during the calendar year at such
time as permitted or directed by the supervisor, unless the supervisor
determines that it cannot be taken due to work demands. A maximum of
one year’s entitlement in the calendar year may be carried forward into the
new calendar year.
Vacation time is accrued as follows for 12-month employees:
Service Time Vacation Days
Up to one year of service One vacation day for each month worked
After one year, up to five Twelve vacation days per year
After five, up to twelve Fifteen days’ vacation
After twelve, up to twenty Twenty days’ vacation
Over twenty years’ service Twenty-five vacation days
Vacation time is accrued as follows for 10- month employees:
Service Time Vacation Days
Up to one year of service One vacation day for each month worked
After one year, up to five Ten vacation days per year
After five, up to twelve Twelve and one half vacation days
After twelve, up to twenty Sixteen and one half vacation days
Over twenty years’ service Twenty and three quarter vacation days
Any unpaid leaves of absence of one month or more will affect the calculation of the employee’s
years of service.
5.3. Sick Leave
For the first year, full-time employees receive one day per month. Thereafter, full-time, 12-month
employees receive 15 sick days per year. Full-time, 10-month employees receive 12.5 sick days
per year. Part-time employees earn sick time at a rate proportionate to their assigned hours.
Sick leave may be used by employees when they are unable to report to work due to personal
illness, accident or exposure to contagious disease, and for medical appointments when such
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appointments cannot be made outside of work hours. Sick leave may also be used to attend to
members of the employee’s immediate family who are ill and in instances of death in the
employee’s immediate family as defined below.
Immediate family means an employee’s spouse, domestic partner, child, legal ward, grandchild,
mother, father, legal guardian, grandfather, grandmother, brother, sister, father-in-law, mother-in-
law and other relatives residing in the employee’s household.
All unused sick leave shall accumulate from year to year to be used if and when needed. An
employee shall NOT be reimbursed for unused sick leave at the time of termination of his or her
employment except in the case of retirement. An employee who is re-employed shall be credited
with total accrued sick leave at the termination of his or her previous state employment.
Documentation of the sick leave is the responsibility of the employee.
Authorization for Sick Leave Use. If it is necessary for an employee to use sick leave, the
supervisor should be notified promptly at the employee’s usual starting time, except in those work
situations where notice must be made prior to the employee’s starting time.
An employee who is on sick leave for five or more consecutive days must submit to the Office of
Human Resources acceptable medical evidence substantiating the illness, such as a doctor’s note.
Employees may also be required to submit proof of illness or injury when; 1) there is reason to
believe the employee is abusing sick time or; 2) when an employee has been absent on sick leave
for an aggregate of more than 15 days in a 12-month period.
At the discretion of the supervisor, a doctor’s note may be requested and submitted to Human
Resources for illness immediately before or after a State Holiday.
Failure to provide appropriate medical documentation in any of the above circumstances may
result in the denial of sick leave and may be cause for disciplinary action.
Medical notes should contain: the date the employee was seen by the doctor, the date(s) the
employee was out or will be out, the expected date of return, and a statement from the doctor that
the employee is unable to perform expected duties. ALL NOTES SHOULD BE SUBMITTED
TO THE OFFICE OF HUMAN RESOURCES. Under the HIPPA law, no one else may see the
medical note. The Office of Human Resources will notify the employee’s department of his/her
projected absence, expected date of return and any other necessary non-medical information.
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5.4. Family Medical Leave
Family and Medical Leave
SASI complies with the provisions of the Federal Medical and Family Leave Act (FMLA) and the
New Jersey Family Leave Act (NJFLA). SASI provides eligible employees with FMLA leave in
accordance with the guidelines described below:
Reason for Leave
1. The birth or adoption of a child or the placement of a foster child with the
employee;
2. To care for a spouse, son, daughter or parent with a serious health condition;
3. For the employee’s own serious health condition. A serious health
condition is an injury, illness, impairment or physical or mental condition
that involves inpatient care or continuing treatment by a health care
provider.
Eligibility
To be eligible for Family Medical Leave Act (FMLA), an employee must be employed by the
SASI for 12 months and must have worked at least 1,250 hours during the 12-month period
preceding the leave. Under FMLA, an employee is entitled to 12 weeks of leave for any of the
following reasons:
• The birth or adoption of a child
• Caring for an immediate family member
• The employees own serious health condition
• The call or impending call to active duty of an immediate family member
Additionally, FMLA also provides 26 weeks of leave during a single 12-month period for a spouse,
daughter, and parent or nearest blood relative caring for a recovering service member. Please visit
www.wagehour.dol.gov for specific information regarding FMLA.
To be eligible for New Jersey Family Leave (NJFLA), an employee must have been employed
for 12 months and have worked 1,000 hours in the 12-month period preceding the leave. An
employee is entitled to 12 weeks of leave in a two-year period for the following reasons:
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• The birth or adoption of a child
• The serious health condition of an immediate family member
In the case where an employee qualifies under both (FMLA and NJFLA) laws, the leaves will run
concurrently. It is also important to note that the designation of the appropriate leave begins on
the first day that the employee is out of work regardless of whether the employee is in paid or
unpaid status.
5.5. Family Leave Insurance (FLI)
Effective July 1, 2009, New Jersey law will provide up to six (6) weeks of Family Leave
Insurance benefits. Benefits are payable to covered employees from within the New Jersey
State Plan. Note that employees must use two weeks of earned time, if available. Additional
information is available at www.nj.gov./labor
Notice of Leave
If your need for family medical leave is foreseeable, you must give SASI at least 30 days’ prior
written notice. If this is not possible, you must give notice as soon as practical (within one (1) to
two (2) days of learning of your need to leave). In the event of any reported absence that falls
within the FMLA criteria, the Office of Human Resources will automatically designate it as a
FMLA leave on the 3rd day of leave. However, should you subsequently fail to provide any
requisite supporting documentation (such as a medical certification); your leave of absence may
no longer be designated as a FMLA leave of absence.
Medical Certification
SASI requires any employee requesting leave based on his/her own medical condition or for
purposes of caring for an ill spouse, child or parent to submit a certification from the health care
provider stating:
(1) which part of the definition of “serious health condition”, if any, applies and the
medical facts that support the certification;
(2) the date on which the health condition began;
(3) probable duration of the condition; and
(4) statement that the employee is needed for the care of a child, spouse or parent,
where applicable, and the estimated amount of time needed.
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In the case of an employee’s own illness, the certification must state that the employee is unable
to perform the functions of the employee's position. Based on the medical certification provided,
SASI may require a second opinion of a health care provider designated or approved by SASI at
its expense.
Each employee must present a return to work authorization from their doctor when returning from
a medical leave taken due to the employee’s own illness.
Duration of Leave
You are eligible to take up to 12 weeks of FMLA leave within any 12-month period and be restored
to the same or an equivalent position upon your return from leave. The 12-month period
commences on the first day FMLA leave is taken. All accrued paid sick days must be used as part
of and not as an extension of FMLA.
If the reason for leave is due to the employee’s own serious health condition, those weeks in which
the employee is disabled will be applied towards the family/medical leave, as will any earned sick
days.
Leave may be taken on a reduced workweek basis or intermittently when medically necessary, for
the employee’s own serious health condition or when caring for a family member with a serious
health condition. Medical certification will be required. Business circumstances permitting,
reduced workweeks and intermittent leave may be granted in the event of a birth, adoption or
placement of a child.
Reporting While on Leave
If you take leave because of your own serious health condition or that of a family member, you
must contact the Office of Human Resources on a regular basis regarding the status of the condition
and your intention to return to work.
Medical and Other Benefits While on Leave
During an approved leave, employees participating in the State Health Benefits Program are
entitled to continued medical and dental health coverage up to 12 weeks. The employee will be
responsible for a percentage of the premium cost. Additionally, the employee, if enrolled in a
group dental coverage plan, will be responsible for their dental premium. During your approved
leave, you will be notified by the Office of Human Resources of the amount due for these
premiums and payment is expected upon receipt of the notification.
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Job Reinstatement
Employees will be returned from FMLA leave to their former position or an equivalent position
with substantially equivalent employment benefits, pay, and other terms and conditions of
employment. Exceptions to this provision may apply if business circumstances have changed (e.g.,
if the employee's position is no longer available due to a job elimination). Exceptions may also
apply for certain highly compensated employees under certain conditions.
State and Local Laws
The rights provided, for instance those set forth in this FMLA policy, do not preempt any state or
local laws providing greater protection. For instance, the NJFLA permits leave to care for a parent-
in-law and/or step-parent. Also, an employee is eligible for NJFLA leave if employed for twelve
(12) months before the commencement of the leave and worked at least one-thousand (1,000)
hours. Note that FMLA and NJFLA may also run concurrently.
Any questions regarding eligibility for Family Medical leave should be directed to the Office
of Human Resources.
5.6 Personal Leave
Employees may apply for a personal leave for reasons other than medical. A written request must
be submitted and approved by the employee’s supervisor and the President or his designee.
5.6.1 Jury Duty
SASI encourages employees to perform their civic duties. Employees summoned to jury duty are
given time off with pay. Employees should advise their supervisor when notified of jury duty and
obtain an attendance note from the jury manager to submit to their supervisor when returning to
work.
5.6.2 Voluntary Furlough
Employees may also elect to participate in the Voluntary Furlough program. The Voluntary
Furlough program is limited to 30 days in any calendar year. Furloughs may be extended to 60
days but extensions beyond the 30-day limit must be requested in 10-day increments, but need
not be used consecutively.
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5.7 Temporary Disability Insurance (TDI)
New Jersey employees are eligible for temporary disability benefits due to an injury or illness
that is not job related. Employees must use all earned SICK time before Temporary Disability
Insurance can be utilized. Temporary Disability forms are available in the Office of Human
Resources. Temporary Disability must be filed within 30 days of a disability and can be collected
for a maximum of 26 weeks.
5.7.1 Ordinary Disability Retirement
In cases of permanent total disability, employees in the Public Employees Retirement System
(PERS) can file for an Ordinary Disability Retirement. Employees are eligible for this benefit if
they have 10 or more years of pension credit in PERS. Ordinary Disability Retirement is only
available to Tier 1, Tier 2, and Tier 3 PERS members. Under the provisions of Chapter 3, P.L.
2010, Tier 4 and Tier 5 members may be eligible for disability insurance coverage after one year
of continuous employment.
5.7.2 Health Benefits
If the employee normally pays a portion of the premiums for health care coverage, while on a paid
leave the insurance premium will be deducted through normal payroll deductions. While on an
unpaid leave, the employee is responsible for making arrangements with the Benefits Office, in
advance, to pay the employee portion of the health insurance premium.
5.7.3 Group Life Insurance
Group Life Insurance coverage will continue for up to two years while on an official leave of
absence for personal illness. No contributions will be required from members covered by
contributory life insurance to continue their insurance. If the leave period extends beyond two (2)
years, group life insurance coverage ends. The member will have 31 days from the date the leave
ends to convert to private coverage.
If the official leave of absence without pay is for personal reasons (such as family leave or
leave for childcare), the member’s group life insurance will continue in full force for up to
93 days.
In such cases, PERS members wishing to continue their Contributory Group Life Insurance are
required to remit monthly Contributory Group Life Insurance premium payments in order to
continue both their Contributory Group Life Insurance and Noncontributory Group Life Insurance
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coverage. If monthly Contributory Group Life Insurance premium payments are not remitted, only
the Noncontributory Group Life Insurance component will continue, for up to a maximum of 93
days. If the leave of absence period extends beyond 93 days, group life insurance coverage ends.
The member will have 31 days from the start date of the leave to convert to private coverage.
Exception: For PERS members who have only Non-Contributory Group Life Insurance coverage
at the time the leave is taken because they had previously elected to withdraw from Contributory
Group Life Insurance coverage, no group life insurance will be in effect. The member will have
31 days from the start date of the leave to convert to private coverage.
5.8. Worker’s Compensation
SASI is committed to meeting its obligations under applicable workers’ compensation acts which
provide medical, rehabilitation, and wage-replacement benefits to individuals who sustain work-
related injuries or illnesses while working.
Employees who suffer an accident or illness, no matter how minor, resulting from their
employment must report it immediately to their supervisor. An Accidental Injury Report form must
be completed within 24 hours of the injury and be forwarded to the Office of Human Resources.
This may be done by the injured employee or the supervisor. Forms may be obtained directly from
the Office of Human Resources or its website.
Emergency Care cases requiring immediate medical attention have the authority to go to Atlantic
City Medical Center (Mainland Division). The emergency room should only be used in the case
of an emergency. Hospital referral forms are required and can be obtained from the Office of
Human Resources. For medical treatment not requiring emergency care and for all follow-up care,
the employee must contact the Office of Human Resources for referral to a State designated
physician. Employees who incur unauthorized medical expenses will not be covered.
(6) Termination
6.1. Resignation – Termination of Employment by the Employee
As an at-will employee not subject to an employment contract, you may choose to end your
employment with SASI at any time, with or without good cause.
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You are requested to submit a notice of resignation in writing to your supervisor at least two (2)
weeks prior to the date you intend your resignation to take effect, to assist SASI in planning for
your departure.
6.2. Dismissal - Termination of Employment by the Employer
As an at-will employee not subject to an employment contract, SASI is entitled to terminate your
employment at any time and for any reason or for no reason at all, regardless of your work
performance or compliance with the rules set forth in this Manual.
6.3. Automatic Dismissal
The commission of any offense considered serious enough by SASI’s management, without
limitation to those outlined below, will, except in extraordinary circumstances in the sole discretion
of SASI management or otherwise prohibited by law, be followed by the immediate dismissal of
that employee:
A. Making false statements or omitting pertinent facts on an employment
application or in an employment interview;
B. Threatening, assaulting, fighting with, or harassing another employee or
anyone else encountered during work or on SASI premises;
C. Stealing, abusing or misusing, or deliberately damaging SASI’s or other
employees’ property, including intellectual property such as trademarks and
copyrights;
D. Disclosing or selling SASI’s confidential information or trade secrets;
E. Possessing a weapon at work;
F. Working or operating SASI’s vehicles under the influence of alcohol,
narcotics, or other drugs, unless the drug was prescribed for the employee
by a physician;
G. Falsifying or destroying SASI’s documents or computer files;
H. Conviction of a felony offense and/or imprisonment affecting Company’s
legitimate business interests;
I. Taking unauthorized leave or failing to show up at work for more than three
(3) consecutive days without notifying a supervisor; and
J. Transporting unauthorized passengers in SASI vehicles.
K. Making false claims or promises about SASI or the tax deductibility of any
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contribution or providing unauthorized legal or tax advice to any donor or
potential donor.
Civil and/or criminal penalties or prosecution may also apply.
6.4. Exit Interview
Upon the termination of your employment, voluntarily (by you) or involuntary (by SASI), with or
without cause in both cases, a representative of SASI may choose to have an exit interview with
you.
During any such interview, you will be informed whether you are entitled to certain post-
termination benefits such as non-vested retirement benefits and credits that may be due, full or
pro-rated vacation pay, and other post-employment related matters.
Upon termination, you shall immediately return all files of any kind, keys, tools, and any other
materials or confidential information whatsoever that are the property of SASI.
Unless otherwise prohibited by applicable state or federal law, final settlement of your pay will
not be made until all property owned by SASI is returned in satisfactory condition. The cost of
replacing any items not returned will be deducted from your final paycheck, or, if this is not
possible, due to legal restrictions or otherwise, legal action may be taken to recover any property
or monies due to SASI.
6.5. Continuation of Medical Benefits/COBRA Insurance
The Federal Consolidated Budget Reconciliation Act (COBRA) is the legislation that provides
employees and their covered dependents the right to continue their group health care coverage
after a qualifying event.
Upon termination from SASI for any reason other than gross misconduct, an employee has the
right to continue group medical coverage at group rates as long as the employee pays the required
monthly premium.
COBRA gives employees and their qualified beneficiaries the opportunity to continue health
insurance coverage under SASI’s health plan when a “qualifying event” would normally result in
the loss of eligibility.
Under COBRA, you will usually pay the full cost of coverage at group rates plus an administration
fee. SASI will provide you with a written notice describing rights granted under COBRA when
you become eligible for coverage under SASI’s health insurance plan.
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Communication Policy
Any questions with respect to any of the provisions of this Employee Manual should be addressed
to your immediate supervisor.
You are entitled to express your point of view on work-related matters in a constructive manner,
as well as to make any productive suggestions in any of the communication avenues available
within SASI at appropriate times and places.
We have supplied a separate copy of the Acknowledgement Form below.
Please be sure to sign, date, and return this form to your supervisor after reading this Employee
Manual; doing so is a prerequisite for employment with [SASI].
Also attached is an Employee Checklist for you to complete and return along with your
Acknowledgement Form.
Thank you, and we look forward to having you as an employee!
TO BE FILED IN EMPLOYEE’S PERSONNEL RECORDS
Employee Checklist
First Name
Middle Name
Last Name
Social Security No.
Home Address
Phone Number
Work Address
Phone Number
Department
Job Title
Supervisor’s Name
Starting Pay
Pay Period
Shifts
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STOCKTON UNIVERSITY
POLICY
Policy Prohibiting Discrimination in the Workplace*
Policy Administrator: Chief Officer for Institutional Diversity and EquityAuthority: N.J.A.C. 4a:7-3.1 & 3.2Effective Date: December 16, 1999; June 3, 2005; August 20, 2007; February 16, 2011Index Cross-References: Procedure 6360: Procedures for Internal Complaints Alleging
Discrimination in the WorkplacePolicy File Number: VI-28Approved By: Board of Trustees
I. POLICYA. Protected Categories
Stockton University is committed to providing every University employee and prospective University employee with a work environment free from prohibited discrimination or harassment. Under this policy, forms of employment discrimination or harassment based upon the following protected categories are prohibited and will not be tolerated: race, creed, color, national origin, nationality, ancestry, age, sex/gender (including pregnancy), marital status, civil union status, domestic partnership status, familial status, religion, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for service in the Armed Forces of the United States, or disability.
To achieve the goal of maintaining a work environment free from discrimination and harassment, the University strictly prohibits the conduct that is described in this policy. This is a zero tolerance policy. This means that the state and its agencies reserve the right to take either disciplinary action, if appropriate, or other corrective action, to address any unacceptable conduct that violates this policy, regardless of whether the conduct satisfies the legal definition of discrimination or harassment.
*This policy is a replica of the New Jersey State Policy Prohibiting Discrimination in the Workplace except that it includes a statement on Consensual Relationships.
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B. ApplicabilityProhibited discrimination/harassment undermines the integrity of the employment relationship, compromises equal employment opportunity,debilitates morale and interferes with work productivity. Thus, this policy applies to all employees and applicants for employment in State departments, commissions, State colleges or universities, agencies and authorities. Stockton University will not tolerate harassment or discrimination by anyone in the workplace including supervisors, co-workers, or persons doing business with the University. This policy also applies to both conduct that occurs in the workplace and conduct that occurs at any location which can be reasonably regarded as an extension of the workplace (any field location, any off-site business-related social function, or any facility where Universitybusiness is being conducted and discussed).
This policy also applies to third party harassment. Third party harassment is unwelcome behavior involving any of the protected categories referred to in (a) above that is not directed at an individual but exists in the workplace and interferes with an individual’s ability to do his or her job. Third party harassment based upon any of the aforementioned protected categories is prohibited by this policy.
II. PROHIBITED CONDUCTA. Defined
It is a violation of this policy to engage in any employment practice or procedure that treats an individual less favorably based upon any of the protected categories referred to in I, (a) above. This policy pertains to all employment practices such as recruitment, selection, hiring, training, promotion, transfer, assignment, layoff, return from layoff, termination, demotion, discipline, compensation, fringe benefits, working conditions and career development.
It is also a violation of this policy to use derogatory or demeaning references regarding a person’s race, gender, age, religion, disability, affectional or sexual orientation, ethnic background, or any other protected category set forth in I, (a) above: A violation of this policy can occur even if there was no intent on the part of an individual to harass or demean another.
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Examples of behaviors that may constitute a violation of this policy include, but are not limited to:
Discriminating against an individual with regard to terms and conditions of employment because of being in one or more of the protected categories referred to in 1(a) above;Treating an individual differently because of the individual’s race, color, national origin or other protected category, or because an individual has the physical, cultural or linguistic characteristics of a racial, religious, or other protected category;Treating an individual differently because of marriage to, civil union to, domestic partnership with, or association with persons of a racial, religious or other protected category; or due to the individual’s membership in or association with an organization identified with the interests of a certain racial, religious or other protected category; or because an individual’s name, domestic partner’s name, or spouse’s name is associated with a certain racial, religious or other protected category;Calling an individual by an unwanted nickname that refers to one or more of the above protected categories, or telling jokes pertaining to one or more protected categories;Using derogatory references with regard to any of the protected categories in any communication;Engaging in threatening, intimidating, or hostile acts toward another individual in the workplace because that individual belongs to, or is associated with, any of the protected categories; orDisplaying or distributing material (including electronic communications) in the workplace that contains derogatory or demeaning language or images pertaining to any of the protected categories.
B. Sexual HarassmentIt is a violation of this policy to engage in sexual (or gender-based) harassment of any kind, including hostile work environment harassment, quid pro quo harassment, or same-sex harassment. For the purposes of thispolicy, sexual harassment is defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example:
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
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Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; orSuch conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
Examples of prohibited behaviors that may constitute sexual harassment and are therefore a violation of this policy include, but are not limited to:
Generalized gender-based remarks and comments;Unwanted physical contact such as intentional touching, grabbing, pinching, brushing against another’s body or impeding or blocking movement;Verbal, written or electronic sexually suggestive or obscene comments, jokes or propositions including letters, notes, e-mail, text messages, invitations, gestures or inappropriate comments about a person’s clothing;Visual contact, such as leering or staring at another’s body; gesturing; displaying sexually suggestive objects, cartoons, posters, magazines or pictures of scantily-clad individuals; or displaying sexually suggestive material on a bulletin board, on a locker room wall, or on a screen saver;Explicit or implicit suggestions of sex by a supervisor or manager in return for a favorable employment action such as hiring, compensation, promotion, or retention;Suggesting or implying that failure to accept a request for a date or sex would result in an adverse employment consequence with respect to any employment practice such as performance evaluation or promotional opportunity; orContinuing to engage in certain behaviors of a sexual nature after an objection has been raised by the target of such inappropriate behavior.
III. CONSENSUAL RELATIONSHIPS*Because the relationship between supervisor/supervisee is central to the working relationship, it is essential to establish that a standard of expected conduct in that relationship goes beyond the proscription against sexual harassment. With respect to sexual relations in particular, what might appear to be consensual, even to the parties involved, may in fact not be so. On this basis, any sexual relations between supervisor and subordinate of that supervisor are inappropriate. Any person in a supervisory capacity or a position of authority enters at peril into sexual relations with a subordinate.
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IV. EMPLOYEE RESPONSIBILITIESAny employee who believes that she or he has been subjected to any form of prohibited discrimination/harassment, or who witnesses others being subjected to such discrimination/harassment, is encouraged to promptly report the incident(s) to a supervisor or directly to the University’s Chief Officer for Institutional Diversity and Equity or to any other persons designated by the University to receive workplace discrimination complaints.
All employees are expected to cooperate with investigations undertaken pursuant to VII below. Failure to cooperate in an investigation may result in administrative and/or disciplinary action, up to and including termination of employment.
V. SUPERVISOR RESPONSIBILITIESSupervisors shall make every effort to maintain a work environment that is free from any form of prohibited discrimination/harassment. Supervisors shall immediately refer allegations of prohibited discrimination/harassment to the University’s Chief Officer for Institutional Diversity and Equity, or any other individual designated by the University to receive complaints of workplace discrimination/harassment. A supervisor’s failure to comply with these requirements may result in administrative and/or disciplinary action, up to and including termination of employment. For purposes of this section, a supervisor is defined broadly to include any manager or other individual who has authority to control the work environment of any other staff member (for example, a project leader).
VI. DISSEMINATIONThe University shall annually distribute the policy described in this section, or a summarized notice of it, to all of its employees, including part-time and seasonal employees. The policy, or summarized notice of it, shall also be posted in conspicuous locations throughout the buildings and grounds of the University. The University shall distribute the policy to vendors/contractors with whom the University has a direct relationship.
VII. COMPLAINT PROCESSThe University shall follow the Model Procedures with regard to reporting, investigating, and where appropriate, remediating claims of discrimination/harassment. See N.J.A.C. 4A:7-3.2. The University is responsible for designating an individual or individuals to receive complaints of discrimination/harassment, investigating such complaints, and recommending appropriate remediation of such complaints. In addition to the Chief Officer for Institutional Diversity and Equity,the University shall designate an alternate person to receive claims of discrimination/harassment.
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All investigations of discrimination/harassment claims shall be conducted in a way that respects, to the extent possible, the privacy of all the persons involved. The investigations shall be conducted in a prompt, thorough and impartial manner. The results of the investigation shall be forwarded to the University President to make a final decision as to whether a violation of the policy has been substantiated.
Where a violation of this policy is found to have occurred, the University shall take prompt and appropriate remedial action to stop the behavior and deter its reoccurrence. The University shall also have the authority to take prompt and appropriate remedial action, such as moving two employees apart, before a final determination has been made regarding whether a violation of this policy has occurred.
The remedial action taken may include counseling, training, intervention, mediation, and/or the initiation of disciplinary action up to and including termination of employment.
The University shall maintain a written record of the discrimination/harassment complaints received. Written records shall be maintained as confidential records to the extent practicable and appropriate.
VIII. PROHIBITION AGAINST RETALIATIONRetaliation against any employee who alleges that she or he was the victim of discrimination/harassment, provides information in the course of an investigation into claims of discrimination/harassment in the workplace, or opposes a discriminatory practice, is prohibited by this policy. No employee bringing a complaint, providing information for an investigation, or testifying in any proceeding under this policy shall be subjected to adverse employment consequences based upon such involvement or be the subject of other retaliation.
Following are examples of prohibited actions taken against an employee because the employee has engaged in activity protected by this subsection:
Termination of an employee;Failing to promote an employee;Altering an employee’s work assignment for reasons other than legitimate business reasons;Imposing or threatening to impose disciplinary action on an employee for reasons other than legitimate business reasons; orOstracizing an employee (for example, excluding an employee from an activity or privilege offered or provided to all other employees).
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IX. FALSE ACCUSATIONS AND INFORMATIONAn employee who knowingly makes a false accusation of prohibited discrimination/harassment or knowingly provides false information in the course of an investigation of a complaint, may be subjected to administrative and/or disciplinary action, up to and including termination of employment. Complaints made in good faith, however, even if found to be unsubstantiated, shall not be considered a false accusation.
X. CONFIDENTIALITYAll complaints and investigations shall be handled, to the extent possible, in a manner that will protect the privacy interests of those involved. To the extent practical and appropriate under the circumstances, confidentiality shall be maintained throughout the investigatory process. In the course of an investigation, it may be necessary to discuss the claims with the person(s) against whom the complaint was filed and other persons who may have relevant knowledge or who have a legitimate need to know about the matter. All persons interviewed, including witnesses, shall be directed not to discuss any aspect of the investigation with others in light of the important privacy interests of all concerned. Failure to comply with this confidentiality directive may result in administrative and/or disciplinary action, up to and including termination of employment.
XI. ADMINISTRATIVE AND/OR DISCIPLINARY ACTIONAny employee found to have violated any portion or portions of this policy may be subject to appropriate administrative and/or disciplinary action which may include, but which shall not be limited to: referral for training, referral for counseling, written or verbal reprimand, suspension, reassignment, demotion or termination of employment. Referral to another appropriate authority for review for possible violation of State and Federal statutes may also be appropriate.
XII. TRAININGThe University shall provide all new employees with training on the policy and procedures set forth in this section within a reasonable period of time after each new employee’s appointment date. Refresher training shall be provided to all employees, including supervisors, within a reasonable period of time. The University shall also provide supervisors with training on a regular basis regarding their obligations and duties under the policy and regarding procedures set forth in this section.
Approval History:
Date Board of Trustees 2/16/11