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Frequently Asked Questions

Employment

Attorney Presence at Meetings:

No. The attorney is not entitled to attend the meeting. You may permit the employee or student, in your discretion, to bring a supportive person to the meeting (friend, spouse, parent, etc.). In many cases attorneys are entitled to attend University hearings but this does not apply to meetings between faculty and students or between an employee and his/her supervisor. Contact the Office of General Counsel if you have questions. (Last reviewed on Dec. 1, 2011)

Due Process:

Under the Due Process clause of the 14th Amendment of the United States Constitution, University faculty and staff have certain rights with respect to their employment. Generally speaking, employees cannot lose their jobs or suffer a loss in pay without certain protections, such as in the case of loss of employment, a pre-termination opportunity to be heard and a post-termination hearing including the right to counsel during the hearing itself. These rights are reflected throughout University Policy such as Policy 5-203 (Staff Employee Grievances) and Policy 6-316 (Code of Faculty Rights and Responsibilities). There are exceptions to the general rule, for example supervisors can alter a person's job duties without triggering the Due Process clause, and reductions-in-force (RIF), probationary employees (new employees), and contract employees are handled separately. In addition, because of a specific University policy, the employment of auxiliary track faculty ends every June 30th, absent a contract to the contrary. Other exceptions may apply and the Office of General Counsel should be consulted for specific questions. (Last reviewed on Dec. 1, 2011)

Employment Record:

Yes, an employee is generally entitled to view and obtain copies of her/his personnel file. Please contact your supervisor or Human Resources at (801) 581-2169. For employees of University of Utah Hospitals and Clinics, please contact Human Resources at (801) 581-6500, located in Room 5A224 of the School of Medicine building. (Last reviewed on Dec. 14, 2011)

Equal Opportunity and Nondiscrimination:

As provided in University Policy 5-106, the University of Utah is an Equal Opportunity Employer, and is fully committed to the principle of nondiscrimination in all employment-related practices and decisions, including, but not limited to, recruitment, hiring, supervision, promotion, compensation, benefits, termination, and all other practices and decisions affecting University employment status, rights, and privileges.

To raise any questions or concerns about the University's adherence with this policy, please contact the Office of Equal Opportunity and Affirmative Action located in Park Building Room 135 at (801) 581-8365. (Last reviewed on Dec. 14, 2011)

Independent Contractor:

Please consult University Policy 3-111 to ensure that individuals are properly classified as either an employee or independent contractor (self employed). The IRS has strict requirements regarding the classification of individuals as independent contractors to ensure proper payment of income taxes, FICA withholdings, and unemployment tax. These requirements apply only to the hiring of "self employed" individuals and not to corporations or other legal entities. If in doubt, please contact University Tax Services. (Last reviewed on Dec. 1, 2011)

Jury Duty:

You should comply with the instructions you have received in connection with the call to service. You should consult your employment or academic supervisor immediately to make arrangements for any absence related to your jury duty. (Last reviewed on Dec. 14, 2011)

Sexual Harassment:

Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: it is made either explicitly or implicitly a term or condition of an individual’s employment, education, living environment or participation in a University activity; submission to or rejection of such conduct is used as the basis for or a factor in decisions affecting that individual’s employment, education, living environment, or participation in a University activity; or such conduct has the purpose or effect of unreasonably interfering with an individual’s employment or educational performance or creating an intimidating, hostile, or offensive work, education, or living environment, or participation in a University activity.

All instances of alleged or suspected sexual harassment should be immediately reported to the Office of Equal Opportunity and Affirmative Action located in Park Building Room 135 at (801) 581-8365.

The University of Utah is committed to an environment free of sexual harassment for all students, employees, and participants. See University Policy 5-107. As provided in that policy, any person who believes there is or has been sexual harassment should contact any of the following:

(a) cognizant academic chair of the department or the dean of the college within which the conduct occurred;

(b) the immediate supervisor or director of the operational unit within which the conduct occurred;

(c) Human Resources;

(d) directors or deans of Student Affairs or Student Services; or

(e) the Office of Equal Opportunity and Affirmative Action located in Park Building Room 135 at (801) 581-8365. (Last reviewed on Dec. 14, 2011)

No.  The University has a non-retaliation policy under which all individuals who initiate or participate in an OEO/AA proceeding are protected, including witnesses who cooperate with an OEO/AA proceeding or individuals who make a request for disability accommodation.  If you feel as though action has been taken against you for having initiated or participated in an OEO/AA proceeding, you may file a complaint with the OEO/AA.

Yes.  The Office of Equal Opportunity and Affirmative Action (OEO/AA) offers training to any University-affiliated group or individual for department meetings, faculty meetings, student groups, and academic classes.  For more information, please contact the OEO/AA at (801) 581-8365.

Workplace Accommodation:

Please contact the Office of Equal Opportunity and Affirmative Action located in Park Building Room 135 at (801) 581-8365. University Policy 5-117 governs reasonable accommodations and access under the Americans with Disabilities Act and related laws.

The Office of Equal Opportunity and Affirmative Action handles all requests for accommodation for University faculty and staff. Students should instead contact the University of Utah Center for Disability Services at 200 South Central Campus Drive, Room 162 (Olpin Union Building), or by telephone at (801) 581-5020. Students may also wish to visit http://disability.utah.edu. (Last reviewed on Dec. 14, 2011)