Standards of Conduct Guide
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WORKPLACE CONDUCT & EMPLOYMENT REQUIREMENTS
Workplace


FRAUD
The prevention of fraud and abuse and the minimization of waste is the responsibility of all employees of UTSA. If fraud occurs within your area, you should report the information to your supervisor, Auditing and Consulting Services and/or University Police. You may also report fraud to the UTSA Hotline at (877) 888-0002 or via the Web at https://www.tnwinc.com/webreport.

Internet Click here for additional information found in the UT System Fraud Policy

Q: What are some examples of fraud?
A: Lying on an employment application; intentionally falsifying records (e.g., payroll or time records); or providing false receipts for reimbursements (e.g., travel, petty cash).

RESEARCH MISCONDUCT
UTSA and its employees have a duty to ensure the responsible conduct of research at our institution. Research misconduct is defined as “fabrication, falsification or plagiarism in proposing, performing or reviewing research, or in reporting research results.” The destruction or absence of research records is also evidence of research misconduct.

Internet Click here for the Web site for the National Office of Research Integrity.


UNACCEPTABLE CONDUCT
All employees are expected to maintain standards of conduct suitable and acceptable to the work environment. Disciplinary action, including dismissal, may be imposed for unacceptable conduct. Examples of unacceptable conduct include, but are not limited to:

  • Falsification of time sheets, personnel records or other institutional records.
  • Neglect of duties.
  • Smoking anywhere except in designated smoking areas.
  • Gambling or participating in lotteries or any other games of chance on the premises at any time.
  • Soliciting or collecting money or circulating petitions on the premises other than within the rules and regulations of the institution.
  • Bringing intoxicants or drugs onto the premises of the institution, using intoxicants or drugs on the premises at any time, having intoxicants or drugs in one's possession on the premises at any time, or being under the influence of intoxicants or drugs on the premises at any time.
  • Abuse or waste of tools, equipment, fixtures, property, supplies or goods of the institution.
  • Creating or contributing to unhealthy or unsanitary conditions.
  • Violations of safety rules or accepted safety practices.
  • Failure to cooperate with supervisor or co-worker, impairment of function of work unit, or disruptive conduct.
  • Disorderly conduct, harassment of other employees (including sexual harassment) or use of abusive language on the premises.
  • Fighting, encouraging a fight or threatening, attempting or causing injury to another person on the premises;
  • Theft, dishonesty or unauthorized use of institutional property, including records and confidential information.
  • Creating a condition hazardous to another person on the premises.
  • Destroying or defacing institutional property or records or the property of a student or employee.
  • Refusal of an employee to follow instructions or to perform designated work that may be required of an employee, or refusal to adhere to established rules and regulations, or
  • Repeated tardiness or absence, absence without proper notification to the supervisor or without satisfactory reason or unavailability for work.

HOP Click here for the unacceptable conduct policy in the HOP.


EQUAL EMPLOYMENT OPPORTUNITY
UTSA is an Equal Employment Opportunity (EEO)/Affirmative Action employer. UTSA does not discriminate against employees or applicants for employment on the basis of race, color, national
origin, religion, sex, age, veteran status or disability. In addition to compliance with all applicable federal and state laws and regulations, no person will be subjected to employment discrimination on the basis of sexual orientation.

UTSA’s commitment to equal opportunity principles applies to all aspects of employment, including recruitment, retention, promotion, compensation, benefits and training. Questions regarding EEO or Affirmative Action issues should be directed to your supervisor or the Office of Equal Opportunity Services.

UTSA HOP Click here for additional information regarding nondiscrimination and sexual harassment and sexual misconduct

Q: I feel like I was passed up for a promotion because of my age. Who do I call when I feel like I have been discriminated against?
A: The Office of Equal Opportunity Services deals with all allegations of discrimination at UTSA.

SEXUAL HARASSMENT AND SEXUAL MISCONDUCT
The environment for employees and students should be free from inappropriate conduct of a sexual nature in the workplace or classroom. Sexual harassment and sexual misconduct are illegal, unprofessional and prohibited.

UTSA is committed to complying with federal and state laws. Employees who engage in such conduct will be subject to disciplinary action, up to and including termination. Questions regarding sexual harassment or sexual misconduct should be directed to your supervisor or the Office of Equal Opportunity Services.

HOP Click here for for UTSA’s policy on discrimination, sexual harassment, and sexual misconduct

Q: My co-worker is sending me jokes via e-mail that contain offensive content. I’ve asked her to stop, but she continues to send them. What can I do?
A: Since the e-mails continued after you asked her to stop, immediately contact your supervisor. If your supervisor is unable to assist you, then contact the Office of Equal Opportunity Services. An investigation may be initiated and appropriate action taken.
Q: My supervisor makes remarks containing sexual language clearly directed at me. What can I do?
A: You should ask your supervisor to stop the remarks; however, if you don’t feel comfortable talking to your supervisor, immediately contact
the Office of Equal Opportunity Services.

FAMILY AND MEDICAL LEAVE ACT (FMLA)
The Family and Medical Leave Act (FMLA) of 1993 is a federal law that makes available to all eligible employees up to 12 weeks of unpaid* leave in a 12-month period for specific situations.
Employees are eligible for leave under the FMLA if they have worked for the State of Texas for at least 12 months (the months need not be continuous), and have worked for at least 1,250 hours
during the 12 months prior to the first day of leave. FMLA leave runs concurrently with the employee’s use of sick leave, vacation leave and floating holidays. FMLA leave is approved through the Department of Human Resources. Questions regarding FMLA should be directed to them.

HOP Click here for additional information regarding FMLA

* Be sure to call Human Resources for information about sick leave pay and benefits while out on FMLA.

Q: My wife and I are adopting an infant next month. Am I eligible for Family Medical Leave? How long may I take off?
A: You may be eligible for FMLA. FMLA allows for a total of 12 weeks off. Check with the Department of Human Resources for specific eligibility requirements and for information on requesting leave.

OVERTIME COMPENSATION
Non-Exempt Employees
Section 659.015 of the Texas Government Code, “Overtime Compensation for Employees Subject to the Fair Labor Standards Act of 1938,” states non-exempt UTSA employees who are required or permitted to work over 40 hours in a workweek are to be compensated either

• By receiving pay equal to one and one-half times the regular rate
of pay for the hours in excess of 40 hours in a workweek, or

• By receiving compensatory time off at the rate of one and one-half
hours for each hour of overtime (the hours in excess of 40 hours in
a workweek), with a limit of 240 accrued hours per year.

The method of compensation (pay or compensatory time) is determined by department/division policy. Supervisors must specifically approve overtime before it is worked and compensatory time before it is taken.

Exempt Employees
In accordance with Section 659.016 of the Texas Government Code, “Overtime Compensation for Employees Not Subject to the Fair Labor Standards Act of 1938,” and UTSA HOP 4.27, The University of Texas at San Antonio (UTSA), exempt classified, benefits-eligible employees are permitted to earn and use state compensatory time as provided by state law. This policy does not apply to administrative and professional (A&P) employees, except as outlined in the Handbook of Operating Procedures, Chapter 4.27 "State Compensatory Time."

Questions regarding overtime compensation should be directed to the Department of Human Resources.

HOP

Click here for additional information regarding compensation

Q: I am a non-exempt employee. I like to get all of my work done each day, so sometimes I come in early and leave late, but I only record eight hours of work on my time report. Is this okay?
A: No. Non-exempt employees should only work 40 hours per week. Your supervisor must approve, in advance, any overtime hours prior to your working over 40 hours. All overtime must be accurately recorded
on your time report.

EXEMPT AND NON-EXEMPT TIMEKEEPING
Section 661.908 of the Texas Government Code, “Leave Records; Time and Attendance Records,” states the administrative head or governing body of each state agency shall require the following for each employee:

• time and attendance records

• a record of the accrual and taking of vacation and sick leave

• a record of the reason an employee takes leave if other law requires the employee to inform the agency of the reason

• a record that shows whether any leave taken is accounted for as sick leave, vacation leave, other paid leave, leave without pay, or other absence.

Questions regarding exempt or non-exempt timekeeping should be directed to the Office of Human Resources Management and Development.


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The University of Texas at San Antonio, Office of Institutional Compliance