5.1 Anti-Harassment Policy

Ball State University will not tolerate harassment of students or employees or other agents of the university and will respond in a suitable manner to every complaint.  To assure the university is free of harassment in work and study, appropriate sanctions will be imposed on offenders over whom the university has jurisdiction.

Harassment is defined as:  any actions, threats, gestures, and/or fighting words directed toward another person which have the purpose to or which tend to incite a breach of the peace or cause physical injury or emotional distress to the person because of the humiliating, degrading, intimidating, insulting, coercive, ridiculing, and/or alarming nature of conduct.  Harassment is particularly reprehensible when it is directed toward a person because of his or her race, color, national origin, ancestry, religion, creed, gender, sexual orientation, age, or disability.  In some instances, harassment of employees may violate Title VII of the Civil Rights Act of 1964; and, in some instances, harassment of students may violate Title IX of the Education Amendments of 1972.

Examples of harassment include:  using or threatening to use violence or other criminal means to cause physical harm to another person or to his or her property or reputation; making repeated communications by telephone or mail anonymously, at inconvenient hours, or in offensive or coarse language; taunting, insulting, or challenging another person in a manner likely to provoke a violent or disorderly response; and subjecting another person to offensive touching.  However, this is not an exhaustive list of the types of conduct which constitute harassment.

This anti-harassment policy will in every case be construed and applied so as to avoid violating rights of individuals which are protected by the First Amendment to the United States Constitution.  For example, expression or discussion of an idea, ideology or philosophy, and protected expressions of religious belief do not constitute harassment under this policy even if otherwise proscribed hereby.  In general, words or gestures used during a class discussion or in other academic settings will also be presumed not to constitute harassment.

Members of the university community who believe they have been harassed may contact the  Office of University Compliance.  Students may instead contact the Office of the Vice President for Student Affairs and Enrollment Management.  These offices will refer the matter to appropriate administrative personnel and/or to an appropriate existing grievance committee within the university.

Any faculty or staff member who gains knowledge of an act of harassment which violates this policy should report the incident immediately to the Office of University Compliance or, if the harassment involves students, the Office of the Vice President for Student Affairs and Enrollment Management.

5.2 Bloodborne Pathogen/Universal Precautions

The university complies with the Occupational Safety and Health Act's Bloodborne Pathogen Standard as adopted pursuant to the Indiana Occupational Safety and Health Act.  In compliance with this Standard, all employees are required to use "universal precautions" whenever they come into direct contact with blood or other body fluids and follow university procedures for the containment, treatment, transportation, and disposal of infectious waste.  Appropriate training is provided to affected employees. The university has also developed a written exposure control plan that is available in departmental offices.  If an employee is exposed to blood, other body fluid, or infectious waste, report the exposure incident immediately to the supervisor.  Failure to follow universal precautions, including those regarding the containment, treatment, transportation and disposal of infectious waste, may result in disciplinary action.

5.3 Cancellation of Classes and/or Curtailment of Services at the University

Under certain emergency conditions, it may become necessary to cancel classes and/or curtail services at the university.  The authority for such decisions has been delegated by the Board of Trustees to the President, who has assigned such decisions to the Vice President for Business Affairs and Treasurer.  The purposes of this statement are to ensure orderly communication and implementation of any decisions to cancel classes and/or curtail services at the university and to maintain essential services.

If a decision is made to cancel classes and/or curtail services, the Vice President for Business Affairs and Treasurer will assume the responsibility as coordinating officer.  In the absence of the Vice President for Business Affairs and Treasurer, the Vice President for Student Affairs will be the coordinating officer.  The procedure applies to all on-campus classes, including evening and Saturday classes.  The Dean of the School of Extended Education will be the coordinating officer for off-campus classes.

Announcements regarding cancellation of classes and/or services will be communicated over television and radio stations.  If there are no announcements, assume that classes will held and the university will remain open.

In the event all classes are cancelled but the university remains open, staff personnel who are scheduled to work should report to work.  If there are no classes and the university is closed, all essential services personnel—those who have been advised by their supervisors that they are essential services personnel—should follow instructions given to them by their supervisors about reporting to work.

5.4 Code of Ethics Statement

Many university employees have access to student records and to the records of other employees.  Information concerning students or other employees is not to be discussed with anyone, including fellow employees, who is not directly connected with the office in which the records are kept unless that person specifically has been authorized to receive such information.

Because various federal and state laws govern the release of confidential information, inquiries about students or other employees should be referred to the department head or chairperson unless the employee has received specific direction concerning the release of such information.  Divulging confidential information to unauthorized personnel may result in immediate dismissal.

Complaints of unethical behavior should be reported to the supervisor of the individual whose behavior is being questioned.  If the person making the allegation of unethical behavior does not feel comfortable reporting the situation to the appropriate line administrator, the employee may report concerns to University Human Resource Services.

5.5 Conflict of Interest and Conflict of Commitment Policy

It is the responsibility of each employee to promptly and prospectively disclose a conflict of interest or a conflict of commitment involving the affairs or activities of that employee.  Examples of activities that may, depending on the facts and circumstances, constitute such a conflict are:  (i)  activities of the employee which advance his or her own financial, professional, or other interests, or those of a dependent, to the detriment of the University; (ii)  teaching by a full-time faculty member at another educational institution, including teaching through the Internet; (iii) utilizing University students, employees, facilities or materials in the pursuit of outside activities from which the University will derive no benefit; and (iv) engaging in research or consulting activities that interfere or compromise the employee's execution of his or her University responsibilities.  Contact the Office of Academic Research and Sponsored Programs for the appropriate forms regarding the policy.

5.6 Drug Abuse Policy

The Drug-Free School and Communities Act Amendments of 1989 required the university to adopt and implement a program to prevent the unlawful possession, use, or distribution of illegal drugs and alcohol by employees and students.  In addition, the Drug-Free Workplace Act of 1988 and the State of Indiana Drug-Free Workplace Executive order of 1990 required the university to establish and maintain a policy designed to create a drug-free workplace.

The university does not condone the inappropriate use of a controlled substance by any individual employed by the university.  Therefore, the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in university facilities which is a violation of federal and state law is prohibited. Compliance with this policy is a condition of employment, and violations may be cause for one or more of the following actions: 

• referral to the Employee Assistance Program for evaluation and assessment to determine appropriate treatment for rehabilitation;
• participation in a drug-rehabilitation program;
• suspension from the university; and/or
• termination of employment.

For a copy of the complete policy text, contact the Coordinator of WorkLife Programs in University Human Resource Services (5-1187).

5.7 Electronic Communications Policy

Access to computing resources is a privilege made available to all university faculty, staff, and students, not a right, much like the privilege of using the Ball State University Libraries.  Certain responsibilities accompany that privilege, and understanding them is important for all computer users.  Users must comply with all federal, state and local laws; all university rules and policies; and all applicable contracts and licenses.

In general, information stored within an individual's computer or computer account on shared resources is considered confidential, whether protected by the computer operating system or not, unless the owner intentionally makes that information available to other groups or individuals.  However, users have no right for information stored on computing resources to remain confidential from those who need to know in instances where the university has reason to believe the user is using these resources in an illegal or unethical manner, or in a way inconsistent with the university's institutional purposes or mission.

Electronic communications, including electronic mail, voice mail or Internet services may be monitored when requested by subpoena or law enforcement agencies or when the university has reasonable cause to believe that an individual may have (a) damaged or threatened damage against the university or university's computing system; (b) used the university's computer resources to harass or threaten another individual; (c) violated federal, state or local laws; or (d) violated policies contained within the Student Code Handbook, Handbook for Nonexempt Staff Personnel, Handbook for Exempt Staff Personnel, Faculty and Professional Personnel Handbook, Handbook for Service Personnel, Handbook for Part-Time Nonexempt Staff Personnel, Handbook for Temporary Staff Personnel, Temporary Service Personnel, Casual, and Substitute Employees, Handbook for Service Personnel (Non-Bargaining Unit) Affiliated with Staff Personnel, or other policies adopted by the Board of Trustees.

A complete copy of the University's Computer Users' Privileges and Responsibilities policy may be obtained from University Computing Services or on the Web at http://www.bsu.edu/ucs/.

5.8 Emergency Responses (Fires and Tornadoes/Severe Weather)
Fire.

If a burning odor or smoke is present, pull a fire alarm to activate the fire alarm system.  If possible, shut off gas in your area.  If you can help control the fire without personal danger and have received training, take action with available fire extinguisher or fire hose.  If not, leave the area.  Never allow the fire to come between you and an exit.  Leave the building, checking as you leave to make sure everyone has left the immediate area.  Close doors behind you to confine the fire.  Once you have evacuated the building, dial 285-1111 (University Police) and report the location of the fire and the material burning if known.  Report this information to fire and police personnel as they arrive.

If the audible fire alarm sounds, evacuate the building.  Shut off any gas in your area.  Leave immediately; do not delay to locate personal items.  Try to make sure that all members of your department hear the alarm and evacuate the area by quickly checking nearby restrooms, copier rooms, storage rooms, etc. as you exit.  Use the nearest stairway.  Do not use the elevator.  If requested, accompany and assist persons with disabilities.  Shut all doors behind you as you go.  Closed doors can slow the spread of fire and smoke.  Evacuate as quickly as possible but in an orderly manner.  Do not push or shove.  Once outside, move at least 100 feet from the building.  Meet at a predetermined location to account for all members of your unit. Return to the building only when given the "all clear" by university police or other proper emergency personnel.  Do NOT assume that when the audible alarm stops that it is safe to enter the building.  There are many possible reasons for the alarm to stop sounding.

Tornadoes/Severe Weather.  A tornado watch means that weather conditions are favorable for the formation of a tornado.  A tornado warning is issued when a tornado has actually been sighted in the surrounding area.  Emergency warning sires are activated when there is a tornado warning.

Emergency Warning Sirens.  An emergency warning siren emits a continuous three-minute sound warning.  The siren is used to alert the public of an impending danger such as tornado, severe thunderstorm with high winds or large hail, hazardous material spill, or a national threat.  If you hear the siren, take cover inside and tune to a local radio or television station for further instructions.  If you cannot get to a radio or television, initiative tornado protection procedures as this is the most likely reason for the siren to sound.  

The siren does not sound for the entire duration of a tornado warning.  Do not assume that the danger has passed when the siren stops sounding.  The emergency warning siren is tested each Friday at 11 AM.  These tests last for 30 seconds.  If the emergency warning siren sounds on a Friday morning for longer than 30 seconds, you should initiate tornado protection procedures.

If a tornado warning has been issued and you are inside, stay inside.  Stay away from outside walls, windows, mirrors, glass, overhead fixtures, and unsecured objects, such as filing cabinets or bookcases.  If possible, move to a below-ground-level floor, interior corridor, or room or office without windows.  Crouch low with your hands covering the back of your head and neck.  Do not use elevators.  If requested, assist persons with disabilities to the safest area on the same floor.  Do not leave the shelter area until after the storm is over.  Continue to monitor the weather via radio or television until the tornado watch has been lifted for your area.

If a tornado warning has been issued and you are outside, look for a nearby safe structure in which to take shelter.  If you are in your car, get out of it.  Never try to outrun a tornado.  If there is no shelter, li8e down flat in a low area, such as a ditch away from trees with your hands covering the back of your head and neck.

Ball State University Emergency Response Guidelines.  Each office should have a copy of these Guidelines, which cover numerous emergency situations.  Please call the Office of University Communications for additional copies. 

5.9 Hazard Communication Standard

The university complies with the Occupational Safety and Health Act Hazard Communication Standard as adopted pursuant to the Indiana Occupational Safety and Health Act.  In accordance with that Standard, the university has developed and implemented a written hazard communication program which includes appropriate employee training, together with related documents, including material safety data sheets (MSDS).  Copies of the program, including related documents and material safety data sheets, are kept in departmental offices.  The Health and Environmental Safety Office in Facilities Planning and Management has overall responsibility for the program.

5.10 Rules and Regulations—Disciplinary Process

Employment at the University brings many benefits to the employee, but accepting a job at the University also includes accepting the responsibilities that go with the position.  For example, tardiness and excessive absenteeism cannot be tolerated.  Maintaining the proper decorum and wearing the appropriate attire for the position held and the work station occupied is required.  A satisfactory level of performance on each of the tasks and responsibilities identified in the position description or assigned by the supervisor is expected.

DISCIPLINARY STEPS

The University's progressive disciplinary policy ranges from verbal warnings to discharge.  The four-step disciplinary procedure is as follows:

          Step 1: Verbal Warning - all verbal warnings are documented in writing

          Step 2: Written Warning

          Step 3: Suspension without pay, 3 days

          Step 4: Up to and including discharge

Variations in these penalties may take place, at the sole discretion of the University, where there are extenuating circumstances, including prior unlike violations.

When, in the interest of the employee and/or the University, a supervisor suspends an employee for the duration of the workshift, such action will be reported to Employee Relations (285-1823).

The examples discussed above and in the following rules are meant to be illustrative and should not be considered exhaustive.

 

	Examples of Violations	Disciplinary Steps
1.	Excessive Tardiness	1	2	3	4
2.	Excessive Absenteeism	1	2	3	4
3.	Careless or substandard workmanship resulting in such things as, waste, spoilage, or delay and/or failure to follow directions given by a supervisor	1	2	3	4
4.	Posting, defacing, or removing notices from University bulletin boards or in other places	1	2	3	4
5.	Failure to report for overtime work after acceptance without a justifiable reason or failure to promptly notify the University	1	2	3	4
6.	Engagine in horseplay or scuffling	1	2	3	4
7.	Leaving the work location during workshift without authorization	1	2	3	4
8.	Idling, loafing, or inattention during working hours	1	2	3	4
9.	Failure to properly ring time clock	1	2	3	4
10.	Failure to promptly notify supervisor on each day of unscheduled absence	1	2	3	4
11.	Using profane or obscene language or gestures	1	2	3	4
12.	Violations of minor safety rules and practices	1	2	3	4
13.	Misusing, damaging, or destroying University property		2	3	4
14.	Gambling or possession of gambling devices or paraphernalia on University property		2	3	4
15.	Insubordination			3	4
16.	Violations of major safety rules or practices			3	4
17.	Sleeping or giving the impression of sleeping during working hours			3	4
18.	Ringing another employee's time card or having one's time card rang by another person			3	4
19.	Falsifying or altering time cards or other records without regard to time of discovery			3	4
20.	Reporting to work while under the influence of alcoholic beverages, unlawful controlled substances, counterfeit drugs, misused prescription drugs, or their possession or use/misuse on University property			3	4
21.	Immoral conduct or indecency			3	4
22.	Fighting, assaulting, threatening, or attempting bodily harm to anyone on University property				4
23.	Unexcused absence of three consecutive days				4
24.	Conviction in a civil or criminal court or detention by law enforcement authorities without a reason acceptable to the University				4
25.	Theft of employee, University, or student property or unauthorized conversion of employee, University, or student property				4
26.	Unauthorized possession of weapons or explosives on University property				4
27.	Any other conduct which is inconsistent with proper behavior	Penalty depends on circumstances
28.	Multiple violations, whether or not simultaneous, or the fore-going rules and regulations	Penalty depends on circumstances
29.	Falsification of employment application without regard to time of discovery	Penalty depends on circumstances
30.	Violation of University Smoking Policy	1	2	3	4

5.11 Sexual Harassment Statement

1.  Harassment on the basis of sex is a form of illegal sex discrimination.  Sexual harassment in employment violates Title VII of the Civil Rights Act of 1964, as well as state law.  Student-on-student sexual harassment and sexual harassment directed toward a student by a University employee violates Title IX of the Education Amendments of 1972.

2.  Ball State University will not tolerate sexual harassment of students or employees by members of its faculty or staff, its students or by other agents of the University and will respond in a suitable manner to every complaint.

3.  The University has adapted the Equal Employment Opportunity Commission (EEOC) definition of sexual harassment for our academic community:  Sexual harassment is defined as any unwelcome sexual advance, request for sexual favor or other unwelcome verbal or physical conduct of a sexual nature, whether committed on or off campus, when:

3.1  submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment or participation in a University-sponsored education program or activity;

3.2  submission to or rejection of such conduct by an individual is used as the basis or threatened to be used as the basis for employment decisions or academic decisions or assessments affecting an individual; or

3.3  such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive working or educational environment.  Such conduct will typically be directed against a particular individual or individuals and will either be abusive or severely humiliating or will persist despite the objection of the person targeted by the speech or conduct.

Sexual harassment includes but is not limited to situations where one person has authority over another.  In such situations, sexual harassment is particularly serious because it may unfairly exploit the power inherent in a faculty member's or supervisor's position.

4.  Sexual harassment can be verbal, visual, physical or communicated in writing or electronically.  Some conduct obviously constitutes sexual harassment—such as a threat that a grade or promotion will depend on submission to sexual advance.  But whether particular conduct constitutes sexual harassment will often depend upon the specific context of the situation, including the participants' reasonable understanding of the situation, their past dealings with each other, the nature of their professional relationship (e.g., supervisor-subordinate, colleague, etc.) and the specific setting.

The inquiry can be particularly complex in an academic community, where the free and open exchange of ideas and viewpoints preserved by the concept of academic freedom may sometimes prove distasteful, disturbing or offensive to some.  Sexual harassment must be distinguished from behavior which, even though unpleasant or disconcerting, is appropriate to the carrying out of instructional, advisory, or supervisory responsibilities.  Instructional responsibilities, in particular, require appropriate latitude for pedagogical decisions concerning the topics discussed and methods used to draw students into discussion and full participation.

5. Examples of conduct which may constitute sexual harassment include but are not limited to:
5.1  requests for sexual favors;

5.2  unwelcome physical contact such as hugging, rubbing, touching, patting, pinching or brushing another's body;

5.3  veiled suggestions of sexual activities;

5.4  requests for private meetings outside of class or business hours for other than legitimate academic or business-related purposes;

5.5  use in the classroom of sexual jokes, stories or images in no way germane to the subject of the class;

5.6  use in the workplace of sexual jokes, stories or images in no way germane to the subject of the work environment;

5.7  remarks about a person's body or sexual relationships, activities or experience that are in no way germane to the subject of the work or academic environment;

5.8  use of inappropriate body images to advertise events.

6.  Members of the University community can expect to be free from sexual harassment and thus all members of the University community should guard against it.  The fact that someone did not intend to sexually harass an individual is generally not considered a sufficient defense to a complaint of sexual harassment, although the reasonableness of the accused's perceptions may be considered.  In most cases, it is the effect and characteristics of the behavior on the complainant and whether a reasonable person similarly situated would find the conduct offensive that determine whether the behavior constitutes sexual harassment.

7.  The University will not tolerate retaliation or discrimination against persons who report or charge sexual harassment or against those who testify, assist or participate in any investigation, proceeding or hearing involving a complaint of sexual harassment.  In this context, retaliation means speech or conduct that adversely affects another's terms or conditions of employment or education and is motivated by an intent to harm the targeted person because of his or her participation in the filing or investigation of an allegation of sexual harassment.  Any such retaliation—or any encouragement of another to retaliate—is a serious violation of University policy and law, independent of whether the particular claim of sexual harassment is substantiated.  Anyone who believes he or she has been subjected to retaliation in violation of this rule may use the procedures described in this policy to complain and seek redress.

8.  Any member of the University community who believes he or she is being sexually harassed or is being retaliated against is encouraged to contact the Office of University Compliance and make a complaint.  The complaint will be investigated in accordance with the "Equal Opportunity and Affirmative Action Complaint Investigation Procedure and Appeal Process."  A copy of this document may be obtained by contacting the Office of University Compliance.

9.  The University can respond to specific instances and allegation of harassment only if it is aware of them.  The University therefore encourages anyone who believes that he or she has experienced sexual harassment to promptly come forward (typically within 45 calendar days) with inquiries, reports or complaints and to seek assistance from the Office of University Compliance.  In addition, any University employee who becomes aware of instances or allegations of sexual harassment by or against a person under his or her supervisory authority must report them to the Office of University Compliance.  It shall be the responsibility of the Office of University Compliance to respond to allegations and reports of sexual harassment or refer them to other University officials for an appropriate response.  

10.  Any dean, chairperson, director or department head or other similar administrator who becomes aware of information indicating a significant likelihood of sexual harassment must report such information to the Office of University Compliance. These administrators must respond not only when they receive a specific complaint or report alleging improper activity, but also when such matters come to their attention informally.  Unconfirmed or disputed allegations should be clearly labeled as such and reports should indicate any steps already taken to respond.  Administrators should consult the Office of University Compliance prior to responding to any situation involving alleged harassment.

11.  Possible sanctions for a person found engaging in behavior which is in violation of this policy include but are not limited to the following:

11.1  oral or written reprimand, placed in the personnel file;

11.2  required attendance at a sexual harassment sensitivity program;

11.3  an apology to the victim;

11.4  loss of salary or benefit, such as sabbatical or research or travel funding;

11.5  transfer or change of job, class or residential assignment or location (i.e., removing the person from being in a position to retaliate or further harass the victim);

11.6  demotion;

11.7  suspension, probation, termination, dismissal or expulsion.

While counseling is not considered a sanction, it may be offered or required in combination with sanctions.  Where alcohol/drugs are involved in the sexual harassment, such counseling may include a substance abuse program.

If students or student groups are guilty of sexual harassment, any of the sanctions set forth in the "Code of Student Rights and Responsibilities" may also be invoked.

The University seeks to protect the rights of all persons, accusers and accused, to fair procedures.  Accusations of sexual harassment frequently have injurious, far-reaching effects on the careers and lives of accused individuals.  Allegations of sexual harassment must be made in good faith and not out of malice.  Knowingly making a false or frivolous allegation of sexual harassment will be considered a serious violation of University policy.  (December 17, 1999; Board of Trustees)

5.12 Smoking Policy

Ball State University has demonstrated a continuing commitment to the health and wellness of its students, faculty, and staff as evidenced by the John and Janice Fisher Institute for Wellness, various wellness programs, and a curriculum devoted to developing wellness leaders.  Documented research has substantiated the health problems caused by both smoking and passive smoke.  Demonstrating a similar concern for the health and wellness of all Indiana government employees, the General Assembly of the state of Indiana adopted the Indiana Clean Indoor Air Law which is applicable to all state entities.  The law sets forth minimum guidelines but allows state entities to adopt a more stringent policy if they desire.  Therefore, Ball State University establishes the following smoking policy for all facilities and vehicles in which university functions or services are carried out or offered.  All contractors, visitors, and guests are subject to these regulations as well.

1.  As used herein, "smoking" means the carrying or holding of a lighted cigarette, cigar, pipe, or any other lighted smoking equipment or the inhalation or exhalation of smoke from any lighted smoking instrument.

2.  Smoking is prohibited in all buildings containing classrooms, offices (private) and other indoor work areas except as indicated in Section 5.

3.  Smoking is prohibited in all areas where any food products are sold and/or    consumed.

4.  Smoking is prohibited in all university vehicles, including maintenance vehicles, automobiles, and public carriers.

5.  Smoking is prohibited in all student housing areas and in all dining areas, including snack bars, except:

a.  Smoking is permitted in certain designated residence hall rooms provided the door to the room remains closed during the time residents and/or their guests are smoking.  Designation of these rooms and assignment of students to them will be the responsibility of the Office of Housing and Residence Life.  Every effort will be made to separate smoking from non-smoking residents, consistent with the need to provide housing for students.

b.  Smoking will be permitted within designated individual university apartments.  The Office of Housing and Residence Life will make every effort to maintain separate smoking areas in the apartment complex, consistent with the need to provide housing for students.

6.  Smoking is not permitted in any spectator or practice areas, including all athletic facilities (both indoors and outdoors), the University Arena, the Pittenger Student Center, Pruis Hall, University Theatre, Strother Theatre, and Emens Auditorium with the exception of:

a.  Certain rooms in the Pittenger Student Center Hotel may be designated smoking rooms.  If smoking is permitted in a room, the official in charge will request a "Smoking Permitted in this Room" sign from Facilities Planning and Management to be placed in a visible position at the entrance to the room.

b.  Smoking is permitted in the University Arena, University Theatre, Strother Theatre, AC 007, and Emens Auditorium when it is called for by the director of a production. Smoking may be done only by the specified characters during rehearsals and performances.  The appropriate department in charge of the production shall include notification that there will be smoking in the show.  Smoking in the Green Room is prohibited.

c.  Smoking is permitted in outdoor spectator or practice facilities when events/practices are not scheduled.  During an event, smoking is permitted in designated areas within the confines of the outdoor venue but out of the spectator area.

7.  Conspicuous signs will be posted in all buildings, vehicles, and areas where smoking is prohibited that read:  "Smoking is Prohibited in this Building (Vehicle) (Area)" or "Smoking is Prohibited in this Building (Area) Except in Designated Smoking Areas."

 8.  Enforcement of this smoking policy will be the responsibility of those persons who  head individual units, departments, buildings, student housing units, and other public facilities and venues.  Existing disciplinary procedures created to address rule infractions and violations shall be applicable should a person be found smoking in violation of this policy.  Under Indiana Code 16-41-37-4, a person who smokes in a university building, vehicle, or area where smoking is prohibited commits a Class B infraction, which is punishable by a fine of up to $1,000 plus costs.

5.13 Weapons Policy

Faculty, Professional, and Staff employees of Ball State University are prohibited from possessing or carrying weapons of any kind while on university property, regardless of whether they are licensed to carry the weapons or not.  Such prohibition extends to such individuals having such weapons in briefcases, purses, toolboxes, personal vehicles, or other personal property or effects.

The exceptions to this policy are:

a.  firearms in the possession of university police officers and other individuals who have written authorization from the university's Director of Public Safety to carry such weapons;

b.  firearms in the possession of sheriffs, police officers, law enforcement officers, and correctional officers who are duly authorized by law to carry such firearms;

c.  equipment, tools, devices and materials which are prescribed for use by university employees as a condition of employment or class enrollment; and

d.  legal chemical dispensing devices, such as pepper sprays, that are sold commercially for personal protection.

University property includes all university owned, leased, or otherwise controlled buildings and lands.  University vehicles are covered by this policy at all times whether or not they are on university property.

University sanctions will be imposed on offenders as appropriate and, in addition, criminal charges may be filed.

For the purposes of this policy, "weapons" include:

a.  firearms, such as handguns, shotguns, rifles, pellet guns, machine guns, stun guns, tasers, or electronic stun weapons;

b.  explosives such as bombs, grenades, blasting caps, or other containers containing explosive substances; and

c.  other equipment, materials and devices that, in the manner they are used, could ordinarily be used, or are intended to be used, are readily capable of causing serious bodily injury.  The items described in clause (c.) include, but are not limited to, knives (except small personal pocket knives with folding blades that are less than three inches long), tear gas, chemical substances, brass knuckles, clubs or chains.

5.14 Resignation

A part-time employee who terminates his/her employment with the university must turn in keys, an ID if applicable, and other university property to his or her supervisor.  The ID will be forwarded to University Human Resource Services.