Policy Statement
Southern Arkansas University (SAU) accepts that Remote Work may be an alternative for eligible faculty and staff under certain circumstances (e.g., a permanent disability or temporary medical condition), provided that such an alternative arrangement is in the best interest of SAU. Remote work is a privilege granted by the University, not an entitlement or right of faculty and staff. The best interest of SAU generally is on-campus presence of faculty and staff.
Remote Work and the Employment Relationship
Remote work involves an approved work location arrangement for faculty and staff whose job duties are appropriate for such an arrangement and it is in the best interest of the University. A remote work arrangement does not alter a faculty or staff member’s work relationship with the University, nor does it relieve a faculty or staff member from the obligation to observe all applicable University rules, policies, and procedures. All existing terms and conditions of employment (including but not limited to the position description, salary, benefits, vacation, sick leave and overtime) remain the same as if the faculty or staff member worked only at his/her assigned campus or facility work location. Specific processes for faculty and staff follow:
Faculty Remote Work Guidelines
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- The faculty member should send a formal request to HR asking to be exempt from face-to-face teaching. The request should include the following information:
- The faculty member’s name and department
- The faculty member’s teaching schedule as it currently exists, with notation of which courses are scheduled to be taught face-to-face (or have a face-to-face
component) - The length of time for which the exemption is requested (no longer than one semester, but possibly shorter in cases where the asserted vulnerability is temporary)
- The reason for the request (i.e., whether it applies to the faculty member or a member of the faculty member’s household; note: it is the faculty member’s responsibility to secure written permission from adult household members to discuss any aspects of their medical condition)
- Any relevant documentation, such as doctor’s notes, addressing the faculty member’s ability or inability to teach face-to-face courses (all medical information will only be reviewed by Health Services and Human Resources and will be kept confidential. In situations involving ADA, Disability Services may be consulted).
- The faculty member’s signature, attesting to the truthfulness of the submission (digital signatures accepted).
- The only basis on which exemptions from teaching face-to-face courses will be accepted is a medical condition involving the faculty member and/or a member of his/her household that creates a specific vulnerability to severe reactions to COVID-19.
- Upon receiving a formal request, the HR Office will inform the relevant academic dean and department chair that the faculty member has made such a request, but the HR Office will share no additional information with either the dean or chair.
- If medical documentation is not provided to HR, the HR Office may request that the faculty member provide such documentation from a fully licensed medical professional, (such documentation will be kept confidential in HR, Disability Services, Counseling Services, and/or Health Services). If the faculty member is unwilling or unable to supply such documentation, this may result in the rejection of the application for exemption.
- If the faculty member’s doctor or other medical professional refuses to provide documentation of a medical condition, the faculty member must provide a written record of that refusal to HR. The faculty member may then be asked to provide evidence that he or she visited the office of that medical professional in the recent past for medical treatment. It is entirely the faculty member’s decision whether or not he or she decides to share the actual nature of the medical condition with HR.
- Based on all of the information provided by the faculty member, the HR Office will render a judgment as to whether or not the faculty member qualifies for an exemption. HR staff may, consistent with HIPAA and other relevant laws and policies, consult with University Health Services, Disability Services, and/or the Counseling Center prior to arriving at a final decision. If HR makes a negative determination, an appeal may be made to the Vice President for Administration. There is no additional appeal. In the case of a negative decision, the faculty member will be obligated to teach his/her class schedule, including face-to-face sections, as originally determined by the department chair; department chairs will not change the faculty member’s schedule after a negative decision without permission from the relevant academic dean. Note: a positive decision by HR does not by itself guarantee an exemption from face-to-face teaching (see #7 below).
- If HR makes a positive determination that the faculty member qualifies for exemption from face-to-face instruction, the office will contact the relevant academic dean. The dean will consult with the department chair to determine if arrangements can be made (e.g., moving face-to-face courses online or trading out courses between the faculty member seeking the exemption and other faculty members already offering online courses). The dean will make every effort under this case to accommodate the faculty member’s request, but will only do so if any arrangements that are made do not create a significant hardship for students in the relevant class(es). Requests for accommodations made by Disability Services will be honored consistent with federal and state law.
- If the dean declines to make an accommodation due to student or programmatic needs, the faculty member may appeal that decision to the Provost and Vice President for Academic Affairs, whose decision will be final. At the end of the process, faculty members who are not granted an exemption by the dean (or by the Provost if the case is appealed) will be obligated to teach their original class schedule, including face-to-face sections, as originally determined by their department chair; department chairs will not change the faculty member’s schedule after a negative decision by the dean and/or Provost.
- Faculty members must apply for exemptions from face-to-face courses ten days prior to the first day of classes every semester during which they wish to be exempt from face-to-face teaching. Applications will be accepted after that time only in cases where the relevant medical condition began after the ten-day window expired.
- The faculty member should send a formal request to HR asking to be exempt from face-to-face teaching. The request should include the following information:
Staff Remote Work Guidelines
Remote Work Suitability Assessment and Remote Work Agreement
- Staff seeking a remote work agreement should complete and submit the Staff Remote Work Suitability Assessment form. This form documents suitability factors for remote work. The form is submitted to Human Resources for review. The primary reason for remote work authorization is the existence of an ADA qualified disability. In rare situations, such as a temporary disability or temporary credible threat to personal health, remote work may be approved based on the best interests and needs of SAU.
- If HR determines that a disability exists, a discussion with the individual, HR, and supervisors will determine an appropriate accommodation. A formal written agreement must document work arrangements and/or accommodations, which may include a 100% remote or a hybrid work arrangement. The agreement must be signed by the staff member, the supervisor, and the approved HR representative. A copy of the agreement will be placed in the individual’s personnel file.
The University may, in its discretion, discontinue a Remote Work Agreement at any time with advance notice of at least 10 working days, or as otherwise agreed upon in the Accommodation Agreement in the best interest of SAU. The staff member’s duties, obligations, responsibilities, and performance expectations remain the same under a remote work status as if the staff member were working at a campus or facility work location. The staff member shall communicate with his/her supervisor to receive assignments, and a review of job performance may be completed as often as the supervisor determines to be necessary.
Personnel Policy Related to Remote Work
- Allowing remote work arrangements is solely within the discretion of the University. Remote work is a privilege granted by the University, not an entitlement or right of the faculty or staff member.
- The faculty or staff member’s salary, benefits, workers’ compensation, and other employer insurance coverage shall not change due to a remote work arrangement. Reimbursements to attend work unit meetings held at a campus or facility work location to which they would ordinarily be assigned must be agreed to in writing prior to such meetings and stated in the Remote Work Agreement.
- The remote worker shall not perform personal business or activities during the agreed-upon regular workday schedule, except for approved outside activities (i.e., consulting), per conflict of interest rules.
- While working remotely, the faculty or staff member must be reachable and responsive via telephone, network access, and/or e-mail during agreed-upon work hours. The faculty or staff member and supervisor will agree on how to handle work-related telephone messages, including the feasibility of having access to a cell phone.
- The University will not be responsible for operating costs associated with the faculty or staff member’s remote work location, including but not limited to home maintenance, digital subscriber line (DSL), cable, cell phone bills, internet costs, utilities, any associated incidental costs (such as property or liability insurance), or other incidental expenses. The University is not liable for damages to the faculty or staff member’s property that may result from participating in remote work.
- Non work-related events and activities shall not disrupt or interfere with work at the remote work location.
Supplies, Equipment and Software Usage
- Out-of-pocket expenses for supplies required for remote work accommodations will be reimbursed only if authorized by the faculty or staff member’s supervisor prior to purchase.
- The following conditions shall apply to the use of computers, software, other University equipment, and internet access:
- Normally, the University will provide equipment and materials needed by faculty or staff members to effectively perform their duties. Faculty and staff with approved remote work
accommodations may require university-owned equipment to perform their duties. Faculty and staff may use university-owned equipment only for legitimate University purposes. Faculty and staff are responsible for protecting university-owned equipment from theft, damage, and unauthorized use. - The University will maintain, service and repair university-owned equipment used in the normal course of employment. The University will stipulate who is responsible for transporting and installing equipment and for returning it to the central workplace for repairs or service.
- If the faculty or staff member uses personal equipment, the University is not responsible for the cost, repair, or service of the faculty or staff member’s personal equipment.
- Should a faculty or staff member be provided University equipment or software by the University to work remotely, these University resources may not be used for personal purposes.
- The faculty or staff member agrees not to duplicate university-owned software. The faculty or staff member also agrees to abide by the licensing regulations and restrictions for all software under license to Southern Arkansas University.
- The faculty or staff member shall promptly notify their supervisor when unable to perform work assignments due to equipment failure or other unforeseen circumstances. The faculty or staff member may be assigned to another project and/or work location that may necessitate termination of the Remote Work Agreement.
- The faculty or staff member will follow the policy of taking SAU property off campus.
- Restricted-access materials shall not be removed from the University campus or facility work location or accessed online unless approved in advance by the supervisor and the appropriate security access administrator.
- Normally, the University will provide equipment and materials needed by faculty or staff members to effectively perform their duties. Faculty and staff with approved remote work
Security
The faculty or staff member will protect University information from unauthorized disclosure or damage and will comply with federal, state, and University rules, policies, and procedures regarding disclosure of public and official records. Work performed at the faculty or staff member’s remote work location is regarded as official University business. All records, documents, and correspondence, either in paper or electronic form, must be safeguarded for return to the University. Release or destruction of records should be done only in accordance with statute and University policy and procedure and with the knowledge of the faculty or staff member’s supervisor. Electronic/computer files are considered University records and shall be protected as
such.
Contact HR for any needed additional information.