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)
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)
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, Affirmative Action, and Title IX located in Park Building Room 135 at (801) 581-8365. (Last reviewed on Dec. 14, 2011)
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)
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)
“As defined by University Rule 1-012: Discrimination Complaint Rule, Sexual or Gender-Based Harassment means conduct, on the basis of sex/gender, that:
- An employee conditioning the provision of an aid, benefit, or service on an individual's participation in otherwise unwelcome sexual conduct;
- Unwelcome conduct which a reasonable person would determine to be:
- so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University's Programs or Activities (Title IX); or
- sufficiently severe or pervasive that it has the purpose or effect of interfering with or creating an intimidating, hostile or offensive environment in a University Program or Activity (Title VII or University Policy); or
- Conduct which constitutes Sexual Assault/Sex Offenses, Dating Violence, Domestic Violence
or Stalking, as defined in Part II (these are forms of Sexual or Gender-Based Harassment).
- Sexual Assault/Sex Offenses mean any sexual act directed against another person, without Consent of the victim,
including instances where the victim is incapable of giving Consent. Sexual Assault
includes the following:
- Rape means the penetration, no matter how slight, of the vagina or anus, with any body part or object or oral penetration by a sex organ of another person, without the Consent of the victim. This offense includes the rape of either males or females.
- Fondling means the touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or, not forcibly or against the person's will if the victim is incapable of giving Consent because of their youth or because of their temporary or permanent mental or physical incapacity.
- Incest means sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law;
- Statutory rape means sexual intercourse with a person who is under the statutory age of Consent.
- Dating Violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting Party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of Domestic Violence.
- Domestic Violence means acts constituting a felony or misdemeanor crime of violence committed by: a person who is a current or former spouse or intimate partner of the victim; a person with whom the victim shares a child in common; a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or, by any person if committed against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
- Sexual Assault/Sex Offenses mean any sexual act directed against another person, without Consent of the victim, including instances where the victim is incapable of giving Consent. Sexual Assault includes the following:
- The free and open discussion of issues or theories relating to sexuality or gender in an academic or professional setting, when appropriate to subject matter, will be presumed not to constitute Sexual or Gender-Based Harassment even if it offends or embarrasses an individual unless other factors are involved, such as targeting the discussion to an individual or carrying out the discussion in terms that are both patently unnecessary and gratuitously offensive.”
All instances of alleged or suspected sexual or gender-based harassment should be immediately reported to the Office of Equal Opportunity, Affirmative Action, and Title IX located in Park Building Room 135 at (801) 581-8365.
The University of Utah is committed to an environment free of sexual or gender-based harassment for all students, employees, and participants. SeeUniversity Policy 1-012 and University Rule 1-012. (Last reviewed on Aug. 25, 2020)
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, and Title IX (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.
Please contact the Office of Equal Opportunity and Affirmative Action, and Title IX 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, and Title IX 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)