Personnel Conduct

1. PURPOSE

This policy provides all Brigham Young University–Hawaii ("BYU–Hawaii" or "university") personnel with information regarding key compliance and personnel conduct requirements. It briefly summarizes selected policies that are more fully described on the University Policies website.

The university’s Mission Statement provides:

"The mission of BYU–Hawaii is to prepare students of Oceania and the Asian Rim to be lifelong disciples of Jesus Christ and leaders in their families, communities, chosen fields, and in building the kingdom of God."

As, found in the Ecclesiastical Clearance and University Standards Compliance Verification Policy, “personnel are expected to be role models of a life that combines spiritual values and personal integrity with intellectual rigor and academic excellence, and to conduct their work in a professional manner consistent with the principles and values espoused by the university and The Church of Jesus Christ of Latter-day Saints (“Church”).”

2. POLICY

2.1 Conditions of Employment Policies

2.1.1 Ecclesiastical Clearance and University Standards Compliance Verification Policy

Consistent with these purposes and expectations, it is a condition of employment that all BYU–Hawaii personnel (including student employees)

Refrain from behavior or expression that seriously and adversely affects the university mission or the Church of Jesus Christ,
Act in accordance with the Church Educational System Honor Code and the Employee Dress and Grooming Standards, and
Act in accordance with university policies.

Members of the Church of Jesus Christ who accept an offer of university employment for a nonstudent position accept as a condition of employment that they will hold and be worthy to hold a current temple recommend.

The university regularly contacts ecclesiastical leaders concerning the temple eligibility of all nonstudent personnel who are members of the Church.

2.1.2 Public Expression Policy

The Public Expression policy it is a condition of employment that university employees refrain from behavior or expression that seriously and adversely affects the university mission or the Church of Jesus Christ. Examples would include behavior or expression with students or in public that

contradicts or opposes, rather than analyzes or discusses, fundamental church doctrine or policy;
deliberately attacks or derides the Church or its general leaders; or
violates the Church Educational System Honor Code.

2.1.3 Academic Freedom Statement

As the Academic Freedom Statement explains,

BYU–Hawaii defines itself as having a unique religious mission and as pursuing knowledge in a climate of belief. This model of education differs clearly and consciously from public university models that embody a separation of church and state. It is not expected that personnel will agree on every point of doctrine, much less on the issues in the academic disciplines that divide faculties in any university. It is expected, however, that a spirit of Christian charity and common faith in the gospel will unite even those with wide differences and that questions will be raised in ways that seek to strengthen rather than undermine faith. It is also expected that personnel will be sensitive to the difference between matters that are appropriate for public discussion and those that are better discussed in private. In short, BYU–Hawaii defines itself as an intellectual community of faithful members of the Church, and those sympathetic to their convictions, who pursue knowledge from the baseline of religious belief.

2.1.4 The Church Educational System Honor Code

The Church Educational System (CES) is sponsored by The Church of Jesus Christ of Latter-day Saints (Church) and directed by the Church Board of Education/Boards of Trustees, with the mission to develop disciples of Jesus Christ who are leaders in their homes, the Church, and their communities.

The CES Honor Code helps to accomplish the CES mission to build disciples of Jesus Christ. As faculty, administration, staff, and students voluntarily commit to conduct their lives in accordance with the principles of the gospel of Jesus Christ, they strive to maintain the highest standards in their personal conduct regarding honor, integrity, morality, and consideration of others. By accepting appointment, continuing in employment, being admitted, or continuing enrollment, each member of the campus communities personally commits to observe the CES Honor Code approved by the Board of Trustees:

Maintain an ecclesiastical endorsement, including striving to deepen faith and maintain gospel standards.
Be honest.
Live a chaste and virtuous life, including abstaining from any sexual relations outside a marriage between a man and a woman. Living a chaste and virtuous life also includes abstaining from same-sex romantic behavior.
Abstain from alcoholic beverages, tobacco, tea, coffee, vaping, marijuana and other substance abuse.
Participate regularly in church services.
Respect others, including the avoidance of profane and vulgar language.
Obey the law and follow campus policies, including the CES Dress and Grooming standards
Encourage others in their commitment to comply with the Honor Code, and Dress and Grooming standards.

3.Implementation

The following paragraphs highlight some expectations of all BYU–Hawaii employees and are intended to provide a framework through which employees can more fully understand the university’s conduct standards and specific policies that reflect those standards.

3.1 Respect for Others Policies

Workplace relationships at BYU–Hawaii must be characterized by absolute integrity. Each employee is expected to do his or her part to promote a respectful workplace environment that is free from harassment, threats, intimidation, verbal or physical abuse, abuse of power, or other unprofessional behavior, even if the behavior does not rise to the level of unlawful conduct. Respect for others means that university personnel must act with civility and refrain from intentional behavior that causes physical or emotional harm. Respect should guide all communications, whether written, verbal, or nonverbal.

3.1.1 Nondiscrimination and Equal Opportunity Policy

Brigham Young University–Hawaii prohibits unlawful discrimination, in employment, education, and all programs and activities sponsored by the university. This prohibition applies to acts of unlawful discrimination by or against university employees, students, and campus visitors–including applicants for employment or admission–and it includes unlawful discrimination on the basis of race, color, national ethnic origin, religion, sex, pregnancy condition, age, disability, genetic information, or veteran status. The university will not tolerate unlawful discrimination and will take immediate and appropriate steps to stop unlawful discrimination, prevent its recurrence, and address its effects. Please contact the equal opportunity officer in Human Resources or title IX coordinator with any discrimination-related questions.

3.1.2 Sexual Harassment Policy

All forms of sexual harassment, including sexual assault, dating violence, domestic violence, and stalking are contrary to the teaching of The Church of Jesus Christ of Latter-day Saints and the Church Educational System Honor Code. Brigham Young University–Hawaii prohibits sexual harassment by its personnel and students and in all of its educational programs or activities. Please contact employee relations in Human Resources or the title IX coordinator with any sexual harassment related questions or to report sexual misconduct.

3.1.3 Protection of Minors Policy

University employees and officers are mandated reporters and have a legal duty to immediately report to the Honolulu Police Department ((808) 723-8650) or the State of Hawaii Department of Human Services ((808) 832-5300) any situation, whether on or off-campus, in which they "Have reason to believe that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future. "

For questions about this reporting obligation, including how to make a report, please call the university’s Event Services & Outreach department ((808) 675-3780), Office of Compliance & Ethics ((808) 675-3368), or Office of the General Counsel at (801) 422-3089. In case of an immediate threat of violence, call the police, 911.

3.2 Compliance with Laws and Policies

BYU–Hawaii endeavors to provide personnel and students with educational, spiritual, and personal development opportunities in a safe and principled environment that is conducive to achieving the university’s mission. The university, as a higher education institution, is a complex environment subject to many laws and regulations. BYU–Hawaii is committed to compliance with all regulatory requirements applicable to campus operations. BYU–Hawaii expects all personnel to be familiar with and comply with university policy and with relevant federal and state laws and regulations. Specific expectations and policies can be found at policies.byuh.edu and on the university’s compliance website at compliance.byuh.edu. Questions about the application of policies can be directed to the policy owner listed in the policy, to the university’s Office of Compliance & Ethics, or to the Office of the General Counsel.

3.2.1 Reporting Noncompliance Policy

BYU–Hawaii is committed to providing a safe environment in which employees will, in good faith, report reasonable suspicions of unethical behavior and noncompliance with law or policy in the workplace.

3.2.1.1 Normal Reporting Lines

Employees are encouraged to attempt to resolve their concerns at the most local level by reporting their concerns to a supervisor or other appropriate contact person within their units. If employees feel uncomfortable addressing their concerns within their units or wish for any other reason to address their concerns elsewhere, they may make their reports directly to the university offices responsible for handling the subject area. The compliance directory provides a list of persons to whom university employees may direct compliance concerns and inquiries. The university is committed to investigating all reports of suspected noncompliance, from whatever source, and will implement corrective or disciplinary action when necessary. University employees are expected to fully cooperate with investigations.

3.2.1.2 BYU–Hawaii Compliance Hotline

If employees are uncomfortable reporting suspected compliance violations through normal reporting lines or if other internal resolution mechanisms have not resolved a compliance issue, employees can and should report suspected compliance violations by contacting the Office of Compliance & Ethics or by using BYU–Hawaii’s compliance hotline. Employees may use the hotline to make an anonymous report, and as permitted by applicable law and policy, BYU–Hawaii will strive to protect the reporter’s identity and the confidentiality of the information provided. The compliance hotline is not intended for handling employee grievances that do not involve legal or policy violations. Nonetheless, good faith reports of legal or policy noncompliance submitted through the compliance hotline will be reviewed and, if appropriate, investigated and resolved. Reports submitted through the hotline are taken seriously and will be given careful attention with the goal of preventing, stopping, and remedying the reported non-compliance. Employees can access the BYU–Hawaii compliance hotline, provided by the third-party EthicsPoint, through an online portal or by calling 1 (888) 238-1062. Reports can also be submitted directly to the Office of Compliance & Ethics by emailing compliance@byuh.edu.

3.2.2 Protection from Retaliation

BYU–Hawaii will keep confidential the identity of the person making a report of noncompliance unless (1) the person consents to disclosure, (2) a governmental authority compels the disclosure (e.g., as per applicable law, lawfully issued subpoenas, warrants, court orders, or other investigatory documents issued by a court of competent jurisdiction), or (3) maintaining such confidentiality would interfere with conducting an investigation of the specific allegations or taking corrective action. Confidentiality means disclosure will be made only to university personnel or agents who have a legitimate need to know in order to perform their university responsibilities. No adverse employment action may be taken in knowing retaliation against any person who makes a good faith report of noncompliance; reports reasonable suspicions of noncompliance in the workplace to a governmental authority; or participates in a judicial, administrative, legislative, or university proceeding related to allegations. Adverse employment action is broadly defined as any employment-related act or decision, including a failure to take appropriate action, by a supervisor or higher-level authority which might dissuade a reasonable employee from making or supporting an allegation of noncompliance in the workplace.

3.2.3 Government Cooperation Policy

Brigham Young University–Hawaii is committed to cooperating with government agencies as required by law. Any employee who receives a subpoena, warrant, or other notification of the intent of a government agency to come to our campus or is aware of an actual visit from an agent of a government agency, should immediately contact the administrative vice president, the chief compliance officer, or the Office of the General Counsel.

3.3 Stewardship Policies

The resources used at BYU–Hawaii come from the tithing funds of the Church, student tuition, contributions from donors, and purchases by customers. Regardless of source, all resources given to BYU–Hawaii are considered sacred. This principle means that university personnel must be careful with the resources entrusted to their care. Funds allocated for one purpose are not to be diverted to another purpose without proper authorization. The university will evaluate university activities on a regular basis and fund only those activities that contribute to the mission of the university.

In addition to its physical resources, BYU–Hawaii personnel are entrusted with intellectual property and with personal, confidential, privileged, and proprietary information. All personnel are responsible to protect the privacy of those who entrust this information to the university and to use this information only for the purposes for which access is provided.

3.4 Safe Work Environment Policies

BYU–Hawaii seeks to provide a work environment free from occupational injury and illness. Campus Safety & Security provides many written safety and health programs. BYU–Hawaii employees are expected to be familiar with and follow relevant health and safety policies, procedures, and programs and identify and report unsafe acts or conditions in the workplace to their supervisors. Please contact Campus Safety & Security at (808) 675-3675 or (808) 675-3911 with any safety-related questions or concerns.

3.5 Conflicts Policies

A conflict of interest situation may exist when personnel is in a position to influence the direction or decision of the university or one of its programs, or to inappropriately use university resources in such a way that may lead to the personal financial gain of the individual or of his or her immediate family members or other designees. A potential conflict of time commitment exists when activities external to the university exceed reasonable time limits or when primary professional responsibility is not to the university. All conflicts must be disclosed and must be reduced, eliminated, or appropriately managed. This is accomplished at BYU–Hawaii through an annual survey of employees regarding potential conflicts of interest.

3.5.2 Anti-Nepotism Policy

It is the policy of the university to welcome members of the same family to its workforce so long as the employment relationship is established solely on the basis of qualifications and competence and a Near Relative is not in a position to affect hiring, promotion, compensation, benefits, job duties, work schedules, or discipline decisions of another near relative. The university eschews nepotism and will take disciplinary action against any employee who abuses this policy. Where unique circumstances apply, the President’s Council may authorize exceptions to this policy.

3.5.2 Vendors Policy

Whenever BYU–Hawaii personnel own or have a substantial interest in a commercial or private organization that does or seeks to do business with the university, the individual must first be approved as an employee-vendor through university purchasing before being considered as a university vendor.

3.6 Conclusion and Policy Interpretation

This Personnel Conduct Policy cannot address every situation or ethical dilemma that university personnel may face in the course of their employment at BYU–Hawaii. It is incumbent upon all university personnel to exercise good judgment, in addition to following the provisions of this policy and other policies and procedures. To the extent language in this policy conflicts with language in another university policy that addresses a specific subject matter or area, the language of the subject-specific policy will control over the more general language of this policy. If the appropriate course of action is not clear, employees are expected to seek counsel from the subject matter experts listed in the compliance directory to help clarify issues and guide appropriate behavior.