This policy provides all BYU–Hawaii (“university”) personnel with information regarding key compliance and personnel conduct requirements. It briefly summarizes selected policies that are more fully described in 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."
2.1 Conditions of Employment
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 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 on or after January 27, 2022, also accept as a condition of employment that they will hold and be worthy to hold a current temple recommend. Those hired prior to January 27, 2022, are invited to voluntarily accept this same standard as a condition of employment. Members of the Church of Jesus Christ hired in nonstudent positions before January 27, 2022, who have not voluntarily accepted the temple recommend standard continue to accept as a condition of employment the standards of conduct consistent with qualifying for temple privileges. (See Ecclesiastical Clearance and University Standards Compliance Verification policy.)
The Church of Jesus Christ may adjust the criteria for a temple recommend from time to time. Temple recommend worthiness is an ecclesiastical determination made by local leaders of the Church of Jesus Christ. The university does not intervene in ecclesiastical determinations.
2.2 Employee Conduct that Adversely Affects the University Mission or the Church of Jesus Christ
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 doctrine or policy of the Church of Jesus Christ;
- deliberately attacks or derides the Church of Jesus Christ or its general leaders; or
- violates the Church Educational System Honor Code because the expression is dishonest, illegal, unchaste, profane, or unduly disrespectful of others.
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 Latter-day Saints, and those sympathetic to their convictions, who pursue knowledge from the baseline of religious belief.
3.1 The Church Educational System Honor Code
By accepting or continuing employment at the university, each member of the BYU–Hawaii community personally commits to observe the Honor Code and its standards approved by the Board of Trustees.
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.
3.1.1 Respect for Others
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.
126.96.36.199 Unlawful Discrimination and Harassment
BYU–Hawaii prohibits unlawful discrimination, including unlawful harassment, 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 origin, religion, sex (including pregnancy), 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. See the Nondiscrimination and Equal Employment Opportunity Policy for more information. Please contact the equal opportunity officer in Human Resources with any discrimination-related questions.
188.8.131.52 Sexual Harassment
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 and the Church Educational System Honor Code. BYU–Hawaii prohibits Sexual Harassment by its personnel and students and in all of its educational programs or activities. See the Sexual Harassment Policy for more information. Please contact the Title IX Coordinator (contact information available at the BYU–Hawaii Title IX Webpage.)
Sexual Misconduct should be reported to the Title IX Coordinator (contact information available at the BYU–Hawaii Title IX Webpage.)
184.108.40.206 Child Abuse
University employees and officers 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, in their professional or official capacity, 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.
Related Policies: Protection of Minors Policy
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
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.
220.127.116.11 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 Directoryprovides 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.
18.104.22.168 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 firstname.lastname@example.org.
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.
Related Policies: Progressive Discipline Policy, Campus Threat Assessment Committee Policy, Protection of Minors Policy, Disruptive Student Conduct Policy, Fraud Deterrence Policy, Nondiscrimination and Equal Employment Opportunity Policy, Sexual Harassment Policy
3.2.3 Response to Governmental or Other Investigations
BYU–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 Administration Vice President, the chief compliance officer, or the Office of the General Counsel.
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.
Related Policies: Access to Student Records (FERPA) Policy, Admissions: Non-disclosure of Transcripts or Previous School Enrollment Policy, Copyright Policy, Identity Theft Prevention Policy, IT Resources Information Policy, University HIPAA Policy, University Records Retention Policy.
3.4 Safe Work Environment
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 675-3675 or 675-3911 with any safety-related questions or concerns.
3.5 Conflicts of Interest
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.
See the Conflict of Interest and Conflict of Time Commitment Policy for more information.
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 (e.g., spouse, child, parent, in-law, etc.) 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. Employees should refer to the Anti-Nepotism Policy for additional information.
3.5.2 Employee Vendors
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.
Related Policies: Conflict of Interest and Conflict of Time Commitment Policy, Fraud Deterrence Policy, Independent Contractors Policy, Promotional Activities Policy, Purchasing Policy, Vendor Hosting, and Gift Acceptance.
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 Directoryto help clarify issues and guide appropriate behavior.
4. RELATED POLICIES AND PROCEDURES
The following policies may be accessed at the university’s Policy webpage:
- Access to Student Records (FERPA) Policy
- Admissions: Non-disclosure of Transcripts or Previous School Enrollment Policy
- Budget Adjustment Policy
- Budget Carryover Policy
- Campus Threat Assessment Committee Policy
- Cash Handling Policy
- Church Educational System CES Honor Code
- Conflict of Interest and Conflict of Time Commitment Policy
- Contracts Policy
- Copyright Policy
- Disruptive Student Conduct
- Dress and Grooming
- Drug-Free School Policy
- Drug-Free Workplace Policy
- Fire Safety Policy
- Fraud Deterrence Policy
- Identity Theft Prevention Policy
- Independent Contractors Policy
- IT Resources Information Policy
- Legal Documents Policy
- Nondiscrimination and Equal Employment Opportunity Policy
- Occupational Safety Policy
- Promotional Activities Policy
- Protection of Minors Policy
- Purchasing Policy
- Sexual Harassment Policy
- University HIPAA Policy
- Vendor Hosting and Gift Acceptance
- Weapons Policy
Executive Sponsor: Administrative Vice President
Approved by President’s Council: February 24, 2020
Last Modified: 08/30/2023
Last Reviewed: 08/30/2023
Next Review: 11/15/2023
Full revision history maintained by Compliance and Ethics.