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Employment Basics

  1. At-Will Employment
    Arkansas is an at-will employment state. Employees of the university may terminate their employment with the university at any time as outlined in university procedures for resignation. Full-time and part-time employees who hold regular positions may have their employment terminated by the University at any time in accordance with Board Policy 405.4, or immediately for cause.  In the event of loss of funding, termination may be immediate.  Termination of Graduate Assistants is addressed in Board Policy 500.1.  Temporary and hourly employees not in an appointed or regular position and student workers may be terminated at any time without a written notice.
  2. Equal Employment Statement
    The University of Arkansas at Pine Bluff (UAPB) is an equal opportunity institution committed to the principle of equal opportunity in education and employment, in compliance with Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VI and Title VII of the Civil Rights Act of 1964, Age Discrimination Act of 1975, and other federal, state, and local laws. The University is committed to providing equal opportunity for all students and applicants for admission and for all employees and applicants for employment regardless of race, age, gender, sex (including pregnancy), religion, national origin, marital or parental status, disability, veteran status, sexual orientation, gender identity or any other characteristic protected under applicable federal or state law.
  3. Policy Statement on Non-Discrimination/Affirmative Action
    1. Policy Statement
      The University of Arkansas at Pine Bluff is committed to providing an environment that emphasizes the dignity and worth of every member of its community and that is free from harassment and discrimination. Such an environment is necessary for healthy learning, working, and living atmosphere. The University expects students, applicants for admission, employees, applicants for employment, affiliates, subcontractors, on-site contractual staff, community members, and visitors to uphold the University’s commitment to nondiscrimination and harassment by conducting themselves in a manner that is appropriate and consistent with this policy. Accordingly, all acts of discrimination, harassment, and retaliation are prohibited. The University will take prompt and equitable action in response to complaints about such conduct.
    2. Policy Scope and Relationship to Title IX
      “Discrimination” under this policy refers to action or conduct that (1) is based on race, color, sex, religion, national origin, service in the uniformed services (as defined in state and federal law), veteran status, sex, age, pregnancy, physical or mental disability, gender identity, sexual orientation, or genetic information and (2) materially affects a term or condition of an individual’s employment, education, living environment, or participation in a program or activity. “Harassment” under this policy means detrimental action or a course of conduct that is based on one of the foregoing categories and that is sufficiently serious (i.e., severe and/or pervasive) and objectively offensive to deny or limit a person’s ability to participate in or benefit from the University’s programs, services, opportunities, or activities or when such conduct has the purpose or effect of unreasonably interfering with an individual’s employment. Reports and complaints regarding sexual harassment, sexual assault, relationship violence, stalking, and similar conduct should first be made to the Title IX Coordinator under the University’s separate policy on sexual assault and harassment. Other forms of discrimination and harassment may be the subject of an initial complaint under this policy. In addition, this policy may be used to address complaints of sexual harassment or assault that may negatively affect the campus community but are dismissed by the Title IX Coordinator based on lack of jurisdiction. In such situations, the appropriate office will have discretion on whether to commence an investigation under this policy.
    3. Offices Hearing Complaints
      The Department of Human Resources is responsible for investigating complaints of discrimination and harassment against faculty, staff, and administrative employees. The Office of the Dean of Students is responsible for investigating complaints of harassment and discrimination against students. A complaint to the appropriate office, using the Complaint Form, should be made within 30 days of the act of discrimination or harassment. The time limit may be waived or extended by the Department of Human Resources or the Office of the Dean of Students if a good cause is demonstrated.
    4. Investigation
      After receiving the complaint, the appropriate office will explore whether the matter can be resolved informally, without disciplinary action or a finding that discrimination or harassment has occurred. If the issue can be resolved informally, no further action will be taken. If the complaining party chooses to proceed with a formal complaint, the individual against whom the complaint is filed (i.e., the “respondent”) will be instructed to provide a written response to the allegations within 5 working days of the request. The matter will then be investigated promptly. After the investigation, the investigating officer will issue a written determination of responsibility and provide the decision to the complaint and respondent. The determination shall also identify any sanctions or remedies that the investigator believes should be imposed. In the case of employee[1]respondents, the proposed sanctions and remedies shall serve as a nonbinding recommendation to the appropriate campus administrator. The institution reserves the right to address, as an administrative matter, conduct that does not constitute a violation of this policy but is inappropriate in a professional work or educational environment.
    5. Appeal
      If a student-respondent is dissatisfied with the decision, the respondent may request that the Dean of Students convene a hearing. The request for a hearing must be made within 5 working days of the decision. After receiving the request, the Dean of Students will promptly schedule a hearing that generally follows the procedures used for cases of student misconduct. If an employee-respondent is dissatisfied with the decision, the respondent may appeal the matter to the Chancellor or his/her designee.  A respondent who chooses to appeal must, within 5 working days of receiving the decision, deliver a written statement to the Chancellor or designee that concisely explains why the decision should be overturned or modified. The Chancellor or his/her designee may elect to convene a committee to review the allegations, consider the evidence, and make a recommendation; alternatively, the Chancellor or designee may decide the matter in the absence of a committee. The final decision shall be rendered as soon as practical and ordinarily no later than 10 working days after receiving the written appeal.
    6. Emergency removal and administrative leave
      Emergency Removal: If, after the Behavioral Intervention Team undertakes a safety and risk analysis, the University determines that the respondent poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment, it may remove the respondent from the University’s programs or activities. In such instances, the respondent will be provided with written notice of the reasons for the removal. Within 5 days of receiving the notice, the respondent may challenge the decision by requesting a meeting with the Vice[1]Chancellor for Student Affairs. Administrative leave: Nothing in this policy precludes the University from placing a non-student employee respondent on administrative leave during the pendency of the grievance process.
    7. Retaliation
      Retaliation It is a violation of this policy to take any action against an individual because that person has opposed any practices forbidden by this policy or because that person has filed a complaint, testified, assisted, or participated in an investigation or proceeding under this policy. Retaliation includes intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s opposition, complaint, or participation. Adverse action is retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy.
    8. Confidentiality
      The University requests confidentiality from all parties and witnesses involved in an investigation. During an investigation, it may be necessary for the investigator to provide details to individuals with a legitimate need to know about the allegations. This may include (1) information provided to respondents to allow them to fully respond to the allegations, (2) information provided to witnesses or other people with whom investigators communicate to obtain or verify information; (3) where appropriate, the information provided to management during or following an investigation to allow any necessary actions to be taken. In addition, the identity of the investigation participants and the details of the investigation may become known for reasons outside the control of the investigator.
    9. False Reports
      Willfully making a false report of discrimination (including discriminatory harassment) is a violation of University policy and is a serious offense. Any person who willfully makes or participates in making a false report under this policy may be subject to disciplinary action up to and including termination or expulsion.
    10. All new employees must receive training on prevention, reporting, and addressing discrimination (including discriminatory harassment within 30 days of beginning employment or enrollment. Employees must receive refresher training at least every two years.
    11. EEOC and NSF Reporting
      Although complainants are encouraged to resolve their grievances related to discrimination by utilizing this policy, they may have the right to file a complaint directly with the appropriate agency. The contact information for the EEOC and NSF are as follows: Equal Employment Opportunity Commission (EEOC) 820 Louisiana St., Suite 200 Little Rock, AR 72201 Toll Free: 1-800-669-4000 Telephone: 501-324-5060 TTY: 800-669-6820 Fax: 501-324-5991 National Science Foundation (NSF) Office of Diversity and Inclusion 2415 Eisenhower Ave. Alexandria, VA 22314 Telephone: 703-292-8020 Fax: 703-292-9072 Email: programcomplaints@nsf.go
  4. Title IX Statement
    “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance” Title IX, Education Amendments of 1972 (Title 20 U.S.C. §1681 1972 & 34 C.F.R. Part 106)
  5. Jurisdiction – Sexual Misconduct/Discrimination/Retaliation Policy
    The University of Arkansas at Pine Bluff does not discriminate on the basis of sex in the education programs and activities that it operates and is prohibited from doing so by Title IX of the Education Amendments of 1972, 20 U.S.C.
    §1681 et seq., and the U.S. Department of Education’s implementing regulations, 34 CFR Part 106. The University’s nondiscrimination policy extends to admission, employment, and other programs and activities. Inquiries regarding the application of Title IX and 34 C.F.R. Part 106 may be sent to the University’s Title IX Coordinator, the U.S. Department of Education Assistant Secretary for Civil Rights, or both.

    Jurisdiction and Scope. Sexual harassment as defined in this policy (including sexual assault) is a form of sex discrimination and is prohibited. Title IX requires the University to respond promptly and reasonably to sexual harassment in the University’s education programs and activities, provided that the harassment was perpetrated against a person in the United States. At the time that a formal complaint is filed, the complainant must be participating in (or attempting to participate in) an education program or activity of the University. An education program or activity includes locations, events, or circumstances over which the University exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution.
    This policy applies to allegations and complaints of sexual harassment, as defined herein. All other complaints of discrimination or misconduct that do not fall within the jurisdiction of Title IX may be made through other campus procedures.

    This policy shall not be construed or applied to restrict academic freedom at the University. Further, it shall not be construed to restrict any rights protected under the First Amendment, the Due Process Clause, or any other constitutional provisions. This policy also does not limit an employee’s rights under Title VII of the Civil Rights Act.