Employee Handbook, Vancouver Based Employees
Purpose of this Handbook
The purpose of this employee handbook for Vancouver based employees is to address general policies in connection with your employment by New York Institute of Technology ("New York Tech," "NYIT," or the "College"). These policies and procedures apply to all Canadian-based employees. Please note that this handbook is meant as a general guide and is not a contract, express or implied. New York Tech retains the right to change its position on matters covered in this handbook and to address particular situations on a case-by-case basis.
This handbook does not guarantee employment for any specific duration. Failure to comply with policies and procedures in the employee handbook could result in disciplinary action up to and including termination.
New York Tech reserves the right, without prior notice, to alter, modify, amend, cancel, or terminate any of its policies, procedures, practices, and terms of employment or benefit programs.
Employees should direct any questions regarding policies to the Office of Human Resources at email@example.com.
Orientation and Employee Information
During the onboarding process, you will be contacted by the Office of Human Resources and various members of your department, including your supervisor. You will receive important information regarding the performance requirements of your position, policies and procedures, and compensation and benefits programs, plus other information necessary to acquaint you with your job and New York Tech. You will also be asked to complete all necessary paperwork, such as benefits plan enrollment forms, beneficiary designation forms, and appropriate federal, provincial, and local tax forms, and you will be required to present New York Tech with information establishing your identity and your eligibility to work in Canada in accordance with applicable federal law. It is a condition of being offered employment by New York Tech in Canada that the prospective employee be legally authorized to work in Canada.
Upon commencement of employment by New York Tech in Canada, it is a condition of continued employment that the employee hold appropriate Canadian work authorization at all times. For employees who are not Canadian citizens, employment by New York Tech does not imply that New York Tech will support or sponsor an employee's application for an extension of immigration status, or for a different immigration status. New York Tech will respond to any such requests on a case-by-case basis, and in its sole and un-reviewable discretion.
The Office of Human Resources maintains a file for each employee containing all the relevant and necessary information about your employment with New York Tech. This information is kept confidential, subject to the College's legal obligations and rights to collect and use personal information. To ensure that your file is up to date at all times, notify the Office of Human Resources as soon as possible of any changes in your name, telephone number, home address, marital status, number of dependents, dependent's educational status, beneficiary designations, individuals to notify in case of emergency, and if you earn any academic degrees from New York Tech or another institution of higher learning during your employment here.
Equal Employment and Non-Discrimination Policy
New York Tech is committed to equal employment opportunities as part of our core values. New York Tech does not practice or condone unlawful discrimination in every aspect of employment. We will not discriminate against employees or applicants for employment on the basis of the individual's race, colour, ancestry, political belief, sex (including pregnancy, childbirth, or related medical conditions), gender identity or expression, sexual orientation, place of origin, religion, citizenship, creed, age, marital or family status, physical or mental disability, criminal or summary conviction offence unrelated to a person's employment or intended employment or any other protected class under federal, provincial or local law.
New York Tech will provide reasonable accommodations as necessary and where required by law so long as the accommodation does not pose an undue hardship. This policy is not intended to afford employees with any greater protection than those which exist under federal, provincial or local law.
New York Tech strongly urges the reporting of all instances of discrimination and harassment, and prohibits retaliation against any individual who reports discrimination, harassment, or participates in an investigation of such report. Appropriate disciplinary action, up to and including immediate termination, will be taken against any employee who violates this policy. We believe that our continued success depends upon our ability to maintain a leadership role in the attraction, development and retention of a highly competent workforce and to create a climate for effective and productive use of our employees. Our leadership is guided by ethical standards that comply with legal requirements. These standards will be implemented consistently by the College to ensure that equality is afforded to all applicants and employees.
Tenure of Employment
New York Tech does not guarantee any tenure of employment. However, its policies reflect the fair and equitable treatment of all employees during their service of employment. New York Tech recognizes that neither the employee nor the College is obligated to undertake a specific term of employment, however New York Tech hopes that all of its employees will find their work professionally and personally rewarding.
Employees enter into employment voluntarily, and are free to resign at any time for any reason or no reason. Similarly, New York Tech is free to conclude its relationship with any employee at any time for any reason or no reason. In order to maintain good standing with New York Tech and continued positive relationship, an employee who wishes to voluntarily terminate his or her employment with New York Tech must provide management with written notice of their intentions at least two (2) weeks prior to their proposed last day of work. Faculty are required to provide notice in accordance with their employment contract. New York Tech may waive its requirement for notice of resignation in whole or in part, and, if it chooses to do so, it will pay you the lesser of (a) what you would have earned during the remainder of the resignation notice period, or (b) your minimum entitlement to notice or pay instead of notice pursuant to the British Columbia Employment Standards Act, as amended.
New York Tech may choose to terminate an employee for a reason other than just cause by providing that employee with written notice of termination, payment in lieu of notice, or a combination of written notice of termination and payment in lieu of such notice in accordance with the employee's minimum entitlements pursuant to the British Columbia Employment Standards Act, as amended, unless provided otherwise in the employee's employment contract.
An employee's employment with the Institution may be terminated without notice for just cause or for reasons which constitute just cause under the laws of British Columbia. An employee who is dismissed for just cause will not receive notice of termination or compensation on termination.
An employee who consecutively fails to report to work without notice and approval from management, and who cannot be contacted at their home phone number for a minimum of three (3) consecutive days, will be deemed to have voluntarily resigned their employment. An employee who resigns will not be paid any additional compensation by the College.
Safety and Security
New York Tech is committed to providing a safe working environment for all employees. New York Tech follows operating practices that will safeguard all employees and will result in safe working conditions and efficient operations. It is the responsibility of all employees to understand and observe safety regulations and to practice safe work habits at all times, so as to ensure not only their own safety but the safety of their co-workers as well. Safety equipment is required for certain positions, and your supervisor will advise you of any required equipment that you will be responsible to use as directed. All employees should be aware of and comply with the following basic safety regulations:
- Know the location of all fire and emergency exits, be familiar with your facility's emergency evacuation plan, and participate in New York Tech's facility/landlord fire drills.
- Know the location of fire extinguishers and fire alarms and understand how to use these devices, as well as how to contact the local police and fire department.
- Be sure emergency exits, stairways, office aisles, and passageways are free of obstacles and debris. If not, contact your supervisor in order that any such condition may be rectified.
- If you operate a vehicle, do so in a safe manner; drive defensively and observe all local speed limits and rules of the road, and always wear a seat belt.
- Report any unsafe conditions immediately to your supervisor and to Building Security.
Supervisors are responsible for ensuring that every employee is instructed in the safest manner to perform his or her work, for ensuring that the physical areas where employees work are free of hazards, and for seeing that any injured or ill employee or student receives immediate treatment. You are responsible for performing your work in a safe manner and reporting any work- related injury or illness to your supervisor immediately.
Supervisors are responsible for notifying the Office of Human Resources of any employee accidents, injuries or illnesses. All New York Tech employees are required to obtain a photo identification card from their manager.
Drugs and Alcohol
Alcoholism and the misuse of drugs can adversely affect job performance. New York Tech will make reasonable efforts to assist employees who voluntarily come forward to seek assistance with their efforts to overcome addiction to or dependence on drugs or alcohol. New York Tech has established an Employee Assistance Program (EAP) to assist you and your family in getting the help you may need. Please see the Employee Assistance Services section of the handbook for more information. You may also contact the Benefits Division of the Office of Human Resources for information on this program. All inquiries related to this policy will be handled confidentially.
Willingness to assist its employees does not require New York Tech to compromise discipline or to excuse the unacceptable performance, actions, or behavior of any employee.
No employee will be allowed to work if that person is under the influence of drugs and/or alcohol. The non-prescriptive use, sale, possession, distribution, or manufacture of controlled substances, or abuse of a properly prescribed controlled substance, is strictly prohibited at all times either on New York Tech property or at other assigned work areas. This policy does not prohibit limited social use of alcohol while at New York Tech-sponsored functions. Violation of this policy is grounds for disciplinary action, up to and including suspension or termination of employment.
If an employee is convicted of violating any criminal drug statute while in or at the workplace, he or she will be subject to discipline up to and including termination. Alternatively, New York Tech may require the employee to successfully complete a drug abuse program sponsored by an approved private or governmental institution at the employee's expense. Employees who are engaged on Federal contracts and grants are responsible for notifying their supervisors of any criminal drug statute conviction for a violation occurring in the workplace (including while traveling or on other New York Tech business) no later than five calendar days after such conviction.
Smoking is prohibited in all New York Tech facilities, New York Tech leased facilities, and in the smoke-free zones (within 6m of entrances and exits).
In line with tenancy rules in each location, the smoke-free zone on each campus includes exterior open spaces, loading docks, parking lots, on-campus sidewalks, streets, driveways, and in all university-owned or leased vehicles.
This policy includes the prohibition of all delivery systems of tobacco and nicotine, including but not limited to smokeless tobacco, e-cigarettes, Juuls®, vaporizers, electronic hookahs, etc.
Violation of this policy may subject the offending employee to disciplinary action, up to and including suspension or termination of employment. Complaints regarding violations of this policy should be directed to the attention of either the offending employee's or the complaining employee's supervisor. If the issue is not resolved promptly, the Office of Human Resources should be contacted.
No employee or job applicant who exercises or attempts to exercise rights under this policy will be subject to disciplinary or retaliatory action of any kind. Any employee who believes that he or she has suffered such retaliation should immediately contact the Office of Human Resources.
New York Tech prohibits threats, menacing conduct, or acts of violence on its premises, leased premises, or off premises on New York Tech business, by its employees, former employees, visitors, vendors, or any other individuals.
New York Tech further prohibits all individuals (other than law enforcement officers) from bringing any weapons, including, but not limited to, firearms, knives or explosives onto its premises. Any conduct which violates this policy must immediately be reported to your supervisor and to the Office of Human Resources and New York Tech/Building Security.
Employee reports will be investigated as appropriate and, to the extent possible, maintained in confidence. The College will take prompt, appropriate remedial action against those who violate this policy. Remedial action may include disciplinary action up to and including suspension or immediate termination of employment and notification to law enforcement agencies. Retaliation against an employee for reporting violations of this policy is strictly prohibited and such conduct is also a violation of this policy, which will subject the "retaliator" to disciplinary action, up to and including suspension or termination of employment.
Workplace Inspections and Employee Privacy
NYIT may, under certain circumstances, determine it is necessary to inspect College property or the possessions or articles on its premises belonging to employees or other individuals entering onto its premises. Employees should have no expectation of privacy with respect to NYIT property and facilities, even if under their exclusive use and even if used for personal matters. As set forth in the Telecommunications and Information Technology section of this handbook, employees should also have no expectation of privacy with respect to the use of NYIT telecommunications and IT equipment, accounts, and networks.
NYIT reserves the right to question all persons entering and leaving its premises and to inspect any packages, parcels, purses, handbags, briefcases, or any other possessions or articles carried to and from its property. In addition, NYIT reserves the right, without prior notice or consent, to inspect, for example, employee offices, telephones, computers, email, file cabinets, and desks. Inspections of such items may be conducted by NYIT whether or not the item is locked or otherwise secured by employees or otherwise. Employees who refuse to cooperate in an inspection pursuant to this policy may be subject to disciplinary action up to and including suspension or termination of employment.
Dress Code: Employees
Employees are expected to dress appropriately and in good taste at all times. Generally, NYIT’s dress code is business wear. Employees should project a professional image that is clean and neat. Dress guidelines for individual departments will vary based upon your position and work activities. It is never appropriate to wear to the workplace stained, wrinkled, frayed, or revealing clothing or clothing with derogatory/vulgar/offensive lettering or logos. Supervisors are responsible for ensuring that their employees are appropriately dressed.
Workplace Cleanliness and Decor
In order to provide and maintain an efficient, comfortable, and professional workplace, employees are required to follow the following guidelines:
- Work areas should be kept as neat as possible during the regular work day and should be straightened prior to leaving at the end of the work day. Employees should pay particular attention to properly securing any material of a sensitive or confidential nature.
- Personal effects are permitted, in good taste and in moderation.
- Boxes and other storage items should be discarded after use or should otherwise remain out of sight within a workstation.
- Employees should leave public areas, such as reprographic areas, coffee stations, conference rooms, restrooms, etc. in a clean and orderly condition for guests and other employees.
Attendance and Absence
New York Tech expects all employees to be diligent in their attendance and promptness. Recognizing, however, that absences from work may occur because of illness, injury, or other personal reasons (a death in the family, jury duty, or personal business), New York Tech has established policies to cover these instances and compensate its employees for certain time off for legitimate medical and personal reasons. If you are unable to work because of illness, you must notify your supervisor prior to your regular start time on each day of your absence, unless you are granted an authorized leave, in which case different notification procedures apply. Failure to promptly notify New York Tech will result in an unexcused absence.
Excessive absenteeism has a negative impact on the success of the College. Therefore, excessive absences may result in disciplinary action up to and including suspension or termination of employment. If employees fail to report for work without any notification to management and their absence continues for a period of three days (shifts), the Company will consider that they have abandoned their employment and have voluntarily resigned and will be removed from payroll.
Outside Employment: Employees
Employees are permitted to engage in other work activity, including self employment, outside NYIT under certain conditions:
- Additional work activities may not reduce your efficiency in working for NYIT.
- Any work is subject to the Conflict of Interest policy.
- Your additional work activity must not compromise NYIT's image.
- You may not use any NYIT equipment, resources, or space for outside work.
- You may not conduct any outside business during your paid work time at NYIT.
Outside employment is not a valid excuse for poor job performance, absenteeism, lateness, leaving early, refusing to travel, refusing to change your hours, or for anything that interferes with your ability to perform your regular duties. Fraudulent use of your sick time for anything related to your outside work, or any other violation of this policy, will be subject to disciplinary action, up to and including suspension or termination of employment.
In the event of severe weather or a large-scale emergency situation, New York Tech may decide to cancel classes, close the campuses, or delay the day's opening. Notifications will be made through email and the New York Tech website. In addition, please be sure to sign up for New York Tech Alerts at nyit.edu/alerts to receive text and/or voice alerts on your mobile device. In addition, there are several resources where you can find more information:
- University Information Number: 778.783.5900 or 604.639.0942
- Home page: nyit.edu/vancouver
- Social Media: Facebook, Instagram, and Twitter
If New York Tech closes prior to the start of the workday, you are not expected to report for work. Employees in specific departments, including facilities staff, may be designated to report even if a campus is closed. If New York Tech does not close, you are expected to report to work as scheduled. If conditions exist that prevent you from reporting, you may use vacation or personal time for your absence.
In the course of your employment, you may have access to personnel, student, financial, or other records considered sensitive or confidential by New York Tech or protected by laws such as the BC Personal Information and Privacy Act (PIPA) or the U.S. Family Educational Rights and Privacy Act (FERPA). As a result of your employment, you agree that:
- I will not duplicate any work-related material for my own use without the permission of the appropriate supervisor or administrator.
- I will not retrieve, examine, destroy, alter, or render inaccessible any work-related material, except where I am authorized to do so as part of my job responsibilities.
- I will not discuss the contents of work-related material outside of my responsibilities without the permission of the appropriate supervisor or administrator.
- I will not disclose any work-related material that may be questionable under this agreement without the permission of the appropriate supervisor or administrator.
- I am responsible for protecting passwords issued to me authorizing access to New York Tech records and files required to fulfill my job description.
- I understand that all procedures, creative work, written documents, records and computer programs created for New York Tech use are the property of New York Tech and are not for public disclosure or use.
- I understand that this confidentiality obligation applies both throughout my employment with New York Tech and after I leave.
- I understand that violation of the terms or intent of this confidentiality policy may subject me to disciplinary action up to and including suspension or termination of employment.
- Work-related material is defined as paper or electronic documents, applications, and materials.
Code of Conduct and Whistleblower Policy
NYIT has adopted this policy to ensure that no officer, trustee, employee or volunteer of NYIT (together “NYIT Personnel”) who in good faith reports any action or suspected action taken by or within NYIT that is illegal, fraudulent or in violation of any NYIT policy shall suffer intimidation, harassment, discrimination or other retaliation or, in the case of employees, adverse employment consequence. NYIT is committed to conducting all of its activities in accordance with the highest ethical standards and in compliance with all applicable laws. NYIT Personnel are accountable for the highest standards of NYIT-related conduct, including honesty and fairness in all aspects of their work.
The Director of Compliance has been designated as Administrator of this Policy. The Director of Compliance will report to the Audit Committee of the Board of Trustees in connection with the administration of this Whistleblower Policy.
All members of the NYIT community are encouraged to report known or suspected illegal or fraudulent activity or violation of NYIT policy. NYIT employees or volunteers should report concerns to a supervisor, department chair, program director, Dean, Vice President, or the President, while trustees should report concerns to the Chair of the Audit Committee (collectively a “Primary Contact”). If for any reason an individual finds it difficult or uncomfortable to report concerns to a Primary Contact, NYIT Personnel may instead report their concerns directly to the Director of Compliance or the General Counsel. Reporting may be done anonymously, and may be made through NYIT’s Compliance and Ethics Hotline, nyit.ethicspoint.com.
Examples of violations include intentional falsification of NYIT records (such as employment records, time sheets, medical records, contracts, business records, and expense reports); theft or misappropriation of NYIT property; unauthorized or unlawful use of NYIT property, including NYIT’s computer and telecommunications systems and networks; and bid-rigging, kickbacks, bribes, dishonest procurement, or any similar NYIT-related activity that adversely affects the honest, cost-effective, or business-like conduct of NYIT operations.
Receipt and Processing of Reports
All Primary Contacts receiving reports are responsible for informing the Director of Compliance expeditiously and cooperating fully with any investigation. The Director of Compliance will consider each report and will conduct such a review as the director believes appropriate. In the review of such a report, the Director of Compliance may consult, if and as appropriate, the General Counsel and other NYIT Personnel such as the President, Chief Financial Officer, internal auditors, and, if necessary or advisable, the Chair of the Board of Trustees Audit Committee. The Director of Compliance, in consultation as appropriate with the General Counsel, will recommend to the President and, if indicated, the Chair of the Audit Committee, such further steps as may be appropriate.
The Director of Compliance and the General Counsel will coordinate with the Audit Committee to report as appropriate to the Board Executive Committee with respect to completed and/or ongoing investigations.
Confidentiality and Non-Retaliation
In order to encourage NYIT Personnel to come forward with any good faith report of suspected illegal or unethical behavior, all reports made through the mechanisms established under this Policy will be treated as confidential to the maximum lawful extent consistent with fair and thorough review. NYIT strictly prohibits any form of retaliation against NYIT Personnel for making a report under this policy, or for assisting a review. Any attempt to retaliate against or intimidate NYIT Personnel or other person who makes a report or participates in review of a report will be treated as a separate incident for disciplinary purposes. If NYIT determines that a report contained knowingly false information, disciplinary action may be taken against the offending individual consistent with applicable law.
This policy will be distributed to all new and existing trustees and employees. Moreover, program directors are responsible for distributing this policy to all volunteers who provide substantial services to NYIT.
Non-Discrimination and Discriminatory Harassment Policy
Workplace Discrimination and Harassment
New York Tech recognizes the potential for discrimination, bullying and harassment directed at our employees within our workplaces or on work sites on which we operate. It is the intent of management to provide a workplace that is free of any bullying by establishing preventative measures.
Management will treat any complaint of bullying or harassment very seriously and will not tolerate any sort of bullying within our organization.
New York Tech is committed to providing equal opportunity in accordance with the law, a positive working environment where diversity is embraced, and a workplace free from unlawful discrimination and harassment. For that reason, New York Tech has developed a policy on workplace discrimination and harassment and is committed to its enforcement. New York Tech's policy applies to all employees throughout the organization, as well as non-employees that you or your employees may come in contact with, including: contractors, consultants, delivery persons, guest speakers, students, vendors, and visitors.
BULLYING AND HARASSMENT
Workplace bullying is behaviour that harms, intimidates, offends, degrades or humiliates an employee, contractor, or sub-contractor, or their employees possibly in front of other employees, clients or customers.
"Bullying and harassment" also:
- includes any inappropriate conduct or comment by a person towards a worker that the person knew or reasonably ought to have known would cause that worker to be humiliated or intimidated, but
- excludes any reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment.
Examples of conduct or comments that might constitute bullying and harassment include:
- verbal aggression or insults;
- calling someone derogatory names,
- harmful hazing or initiation practices,
- vandalizing personal belongings or work equipment,
- spreading malicious rumours,
- sabotaging a person's work,
- physical assault or threats (this would also constitute "violence" or "improper activity or behavior"),
- making personal attacks based on someone's private life and/or personal traits,
- making aggressive or threatening gestures, and/or
- engaging in targeted social isolation.
New York Tech prohibits all forms of unlawful discrimination.
In accordance with this Statement, all employees will be treated in a manner free of any bias or prejudice prohibited by law. New York Tech will ensure that all decisions concerning the terms and conditions of employment, including but not limited to recruitment, decisions to hire, promotions, compensation, benefits, transfers, reductions in staff, and rehire, will be made in accordance with the laws defining equal employment opportunity. Consistent with applicable law, no employment decision will be based on: race or color, ethnicity, sex or gender, marital status, pregnancy, sexual orientation, gender identity, national origin, age, disability (where otherwise qualified), creed, religion, or any other protected classification.
Discriminatory Harassment Including Sexual Harassment
Discriminatory harassment is defined as subjecting an individual, on the basis of the individual's membership in a protected class, to humiliating, abusive, or threatening conduct that creates an intimidating, hostile, or abusive work environment; alters the conditions of employment; or unreasonably interferes with an individual's work performance. Harassment includes but is not limited to: epithets or slurs; negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and display or circulation in the working, learning and living environment (including through email) of written or graphic material. Sexual harassment, which is described in further detail below, is a form of discriminatory harassment. Sexual harassment is also a violation of New York Tech's Gender Based Misconduct Policy.
New York Tech's policy prohibits any harassment based on race or color, ethnicity, sex or gender, marital status, pregnancy, sexual orientation, gender identity, national origin, age, disability, creed, or religion. Sexual harassment in the workplace includes unwelcome conduct which is either of a sexual nature or which is directed at an individual because of that individuals' sex or gender (including pregnancy, childbirth and related medical conditions), gender identity or gender expression (including transgender status) and/or sexual orientation when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating hostile or offensive working environment.
Sexual harassment can be verbal (e.g. words, jokes, insults or teasing), visual (e.g., offensive posters, symbols, cartoons, drawings, computer displays, text messages, social media posts or e-mails) or physical conduct (e.g., unwanted touching, physically threatening another) that denigrates or shows hostility or aversion towards an individual based on sex or gender, gender identity, gender expression and/or sexual orientation.
Examples of conduct that violate this policy include:
- unwelcome sexual advances, flirtations, advances, leering, whistling, touching, pinching, assault,
- blocking normal movement requests for sexual favors or demands for sexual favors in exchange for favorable treatment,
- obscene or vulgar gestures, posters, or comments, sexual jokes, noises, or comments about a person's body, sexual prowess, sexuality, sexual experience, or sexual deficiencies
- propositions, or suggestive or insulting comments of a sexual nature
- derogatory cartoons, posters, and drawings, sexually explicit e-mails, text messages, posts or voicemails conversation about one's own or someone else's sex life
- conduct or comments consistently targeted at only one gender, even if the content is not sexual teasing or other conduct directed toward a person because of the person's gender sex stereotyping
Sexual harassment may involve individuals of the same or different sex. The complainant does not necessarily have to be the person harassed but could be anyone affected by the offensive conduct.
- not engage in the bullying and harassment, including sexual harassment of other workers.
- report if bullying and harassment is observed or experienced at New York Tech. Any reports should be made as soon as possible after experiencing or witnessing an incident. Work site incidents should be reported to management and any incidents that are not work site incidents should be reported to management. If a member of management, or the representative named above is the person engaging in bullying and/or harassing behaviour, contact a different member of management.
- provide as much information as possible in the report, such as names of people involved, witnesses, where the incident occurred, when they occurred, and what behaviours and/or words led to the complaint. Physical evidence can also be submitted.
- apply and comply with the employer's policies and procedures on bullying and harassment.
Reporting Policy Violations
If you are an employee and believe that this policy has been violated you are encouraged to promptly report the offensive conduct immediately to the Office of Human Resources, and in the case of Gender Based Misconduct, to the Title IX Coordinator, or to any supervisor with whom you feel comfortable. Complaints that a student has engaged in offensive conduct should be reported immediately to the Director of Student Affairs, which has the authority to commence student disciplinary proceedings according to disciplinary procedures set forth in the Student Code of Conduct. In the case of Gender Based Misconduct, reports involving students should be made to the Title IX Coordinator.
Every supervisor who learns of any employee's concern about conduct in violation of this policy, whether in a formal or informal complaint, must immediately report the issues raised to the designated offices set forth above.
Reports may be made orally or in writing. Written complaints may be submitted internally using the complaint form appearing at the end of this policy.
Confidentiality and Non-retaliation
Confidentiality will be protected to the maximum extent possible, consistent with a fair and thorough investigation and New York Tech's obligation to ensure the safety of the community. The investigation of such complaints will generally require limited disclosure on a need-to-know basis.
Retaliation is adverse conduct taken because an individual reported an actual or perceived violation of this policy, opposed practices prohibited by this policy, participated in the reporting and investigation process set forth in this policy or testified or assisted in an investigation or proceeding involving an actual or perceived violation of this policy. Adverse conduct includes, but is not limited to any action that would keep an employee from reporting discrimination or discriminatory harassment; shunning and avoiding an individual who reports such misconduct; express or implied threats or intimidation intended to prevent an individual from reporting such misconduct; and denying employment benefits because an applicant or employee reported or encouraged another employee to report under this policy or participated in the reporting and investigation process.
Retaliation against individuals who complain of discrimination or harassment or who testify or assist in any investigation or proceeding involving discrimination or harassment is unlawful and prohibited by this policy. Offending employees will be subjected to appropriate disciplinary action, up to and including suspension or termination of employment.
All complaints or grievances reported as set forth above or information about suspected discrimination or discriminatory harassment will be investigated. New York Tech will initiate an investigation within 5 business days of receipt of the complaint or grievance and will complete investigations with reasonable promptness, depending upon the complexity of the matter and the number and availability of witnesses, but generally in no more than 60 days.
New York Tech will keep parties abreast of the status of the investigation and its anticipated completion and will notify the parties of the outcome of the investigation within 10 business days of the completion of the investigation. All persons involved, including complainants, witnesses and alleged perpetrators will be accorded adequate procedures to protect their rights to a fair and impartial investigation, including the ability to offer their own evidence and identify relevant witnesses. Any employee may be required to cooperate as needed in an investigation. Upon receipt of a complaint, Human Resources (or the Compliance & Title IX Office, where appropriate) will conduct an immediate review of the allegations and will determine if any interim actions are appropriate. If the complaint is oral, the complaint will be documented by New York Tech.
The accused will receive notice of the investigation, and both the complainant and the accused will be interviewed as part of the investigation, except in rare circumstances where either party may be unavailable or refuse to be interviewed. The complainant and the accused will have the opportunity to provide witnesses and evidence, and New York Tech will conduct interviews and review documents or other information the investigator believes are relevant. The investigation will be documented by New York Tech. Upon conclusion of the investigation, both parties will be notified of the final determination and any appropriate sanctions. New York Tech will take all necessary steps to prevent further harassment and to correct its discriminatory effects on the complainant and others, if appropriate.
Upon completion of the investigation, New York Tech will determine whether the policy has been violated based upon its reasonable, good- faith evaluation of the information gathered during the investigation. New York Tech will inform the complainant and the accused of the results of the investigation.
Any employee found to have engaged in conduct in violation of this policy will be considered to have engaged in employee misconduct. Individuals who violate this policy (which includes supervisory or management personnel who fail to report or knowingly allow sexually harassing behavior to continue) will be subject to disciplinary action, up to and including termination from employment. Individuals who engage in conduct that rises to the level of a violation of law can be held personally liable for such conduct. Nothing shall limit the right of the institution to remove an employee immediately from job responsibilities, duties, or from the premises in the event that a violent or egregious act is claimed, or if the health and safety of New York Tech community members is at risk.
Nothing shall prevent the institution or any of its representatives from reporting criminal or violent acts or threats to civil or law enforcement agencies in order to protect the safety and well-being of members of the New York Tech community. Such a report may be made regardless of whether a formal complaint has been submitted.
If after investigating any complaint of discrimination or discriminatory harassment, the institution determines that knowingly false information has been provided, disciplinary action may be taken against the employee who has knowingly provided false information.
Senior management will be responsible for ensuring workplace investigation procedures are followed. For any investigations completed, all final reports, with conclusions will be provided to the Executive Director of Human Resources, and the Title IX Coordinator, if appropriate.
Legal Protections and External Remedies
Discrimination and discriminatory harassment (including retaliation) is not only prohibited by New York Tech but is also prohibited by provincial, federal, and, where applicable, local law. Aside from the internal process at New York Tech, employees may also choose to pursue legal remedies with the following governmental entities at any time. Harassers may also be subject to individual liability.
This policy statement applies to all full time and part time employees, contractors, subcontractors and their employees. It applies to interpersonal and electronic communications, such as email. New York Tech expects that employees will keep written accounts of incidents to submit with any complaints. New York Tech will keep written record of investigations, including findings.
A violation of this policy will be considered unacceptable personal conduct. Violations, including acts of bullying, as defined herein, may be grounds for disciplinary action, up to and including dismissal. This policy prohibits retaliation against an employee, contractor or subcontractor and their employees who, in good faith, reported a violation of this policy.
This policy will be reviewed every year. A copy of the policy will be posted on the College's Intranet, included in the Employee Handbook and provided to all employees on the Vancouver campus.
Contact the Local Police Department
If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may also constitute a crime. In such cases, employees may contact the local police department or, in an emergency, dial 911.
Conflict of Interest: Employees
Definition of Conflict of Interest
All employees and trustees of NYIT are expected to perform their professional responsibilities in a manner that is free from real or apparent bias motivated by self interest.
A conflict of interest arises when an employee or trustee is in the position to place his or her personal interest above NYIT's interest. It can include situations in which an employee or trustee is in a position to compete with, rather than help, NYIT, or in which an employee or trustee stands to profit by a decision he or she may make on behalf of NYIT. It also includes situations in which an employee or trustee can make a business decision not on the basis of NYIT's interest, but rather for his or her personal advantage.
While it is not possible to list all situations that might involve a conflict of interest, some examples of interests and activities that might constitute a conflict of interest are:
- Ownership interest by an employee or trustee, or his or her immediate family, in an organization that competes or does business directly or indirectly with NYIT.
- Service by an employee or trustee, or his or her immediate family, as a director, partner, employee, or consultant, for an organization doing, or seeking to do, business, or competing with, NYIT.
- Acceptance of any payments, free services, or products, including travel and entertainment, of more than a nominal value, by any employee or trustee in or from any organization that transacts, or that the employee or trustee knows is seeking to transact, any business with NYIT.
Procedures for Employees
Any employee who has, or believes another employee has, a possible conflict of interest, or the appearance of a conflict of interest, must notify his or her supervisor, the relevant vice president, and in academic departments, the dean. The vice president will consult, if appropriate, with the General Counsel and/or the director of internal audit, and will be responsible for managing the real or apparent conflict of interest. Proper management of the conflict, as determined by NYIT senior management, in its sole discretion, may include, for example: asking the employee to give up the conflicting interests; directing the employee not to represent NYIT in outside dealings where the conflict of interest exists or may develop; or allowing the employee to continue to represent NYIT under the direction of his or her supervisor.
The key to avoiding problems is to use good judgment, and when in doubt, disclose the possible conflict, and obtain prior approval.
Officers, vice presidents, and certain other employees, particularly employees involved with the procurement of goods and services, will be required to submit annual disclosure forms to the General Counsel, and to submit updated forms in the event that there is any change in the time period between the submission of the annual forms. In addition to disclosure of potential conflicts of interest, the disclosure form for officers and key employees will include disclosure of any anticipated Related Party Transactions, as defined at the end of this policy. With respect to any disclosed conflicts, the General Counsel will consult, if and as appropriate, NYIT personnel such as the president, chief financial officer, internal audit director, and, if necessary or advisable, the chair of the Board of Trustees Audit Committee. The General Counsel will recommend to the president and, if indicated, the chair of the Audit Committee, such steps as may be appropriate to manage the conflict of interest. Any conflicts of interest relating to officers or key employees, whether reported on the annual forms or otherwise, will be reported by the General Counsel to the Audit Committee of the Board of Trustees.
The failure to disclose a conflict of interest as required by this policy will subject the employee to discipline up to and including termination. See NYIT's separate policy on Conflicts of Interest in Research.
Procedures for Trustees
Prior to the initial election of any trustee, and each year thereafter, each trustee will be required to submit a disclosure form to the Secretary, and to submit updated forms in the event that there is any change in the time period between submission of the annual forms. In addition to disclosing potential conflicts of interest, the disclosure form will include disclosure of any anticipated Related Party Transactions, as defined at the end of this policy. The Secretary shall provide a copy of all completed forms to the chair of the Audit Committee.
In the event that the Board of Trustees is to consider any contract or transaction in which a trustee, officer or key employee has a potential conflict of interest, the material facts regarding the potential conflict of interest must be disclosed to the Audit Committee of the Board. The following procedures will then be followed:
- The Audit Committee, with only independent trustees participating, will first determine whether a conflict of interest exists.
- If the Audit Committee determines that a trustee has a conflict of interest as to the proposed contract or transaction, the conflicted trustee may be counted in determining the presence of a quorum at a meeting of the board or a committee authorizing the contract or transaction, but may not be present at or participate in the deliberation or vote. The conflicted trustee may be asked by the board to present information prior to the deliberations, but the conflicted trustee will not attempt at any time or in any way to improperly influence the deliberation or vote.
- If the Audit Committee determines that an officer or key employee has a conflict of interest as to the proposed contract or transaction, the conflicted officer or key employee may be asked by the board to present information prior to the deliberation, but will not be present for the deliberation and vote.
- The existence and resolution of any trustee, officer or key employee conflict of interest will be documented in the minutes of any meeting at which the conflict of interest was discussed.
Related Party Transactions (trustees, officers and key employees)
"Related Party Transaction" is defined as any contract or transaction between NYIT and any trustee, officer, or key employee of NYIT, a relative of any trustee, officer, or key employee, or any entity in which any of the foregoing individuals is either a director or officer or has a significant financial interest. For this purpose, "relative" means spouse, domestic partner, ancestor, sibling, half-sibling, child, grandchild, great-grandchild, and the spouses of any of them; "significant financial interest" means 35% or greater ownership or beneficial interest, or, in the case of a partnership or professional corporation, a direct or indirect ownership interest in excess of 5% "NYIT" means NYIT and any subsidiaries or other affiliates.
All trustees, officers and key employees shall disclose any ongoing or anticipated Related Party Transaction on their annual disclosure form, or on a supplemental form during the year.
NYIT shall not enter into any Related Party Transaction unless the Board of Trustees or an authorized committee of the Board has made a determination that the transaction is fair, reasonable, and in NYIT's best interest. Specifically, the Board or committee shall consider any available alternative transactions, approve the transaction by no less than a majority vote of the trustees present at the Board or committee meeting, and contemporaneously document in writing the basis for the Board or authorized committee's approval, including the consideration of any alternative transactions.
Intellectual Property: Employees
During the course of your work at NYIT, you may have the opportunity to create what is legally known as intellectual property. This is a general term applied to many tangible and intangible categories that include but are not limited to inventions, trade secrets, patents, literary and artistic works, such as books, articles, poetry, paintings, photographs and music, and computer software. Intellectual property may also include trademarks, brand names, logos, designs, or other symbols that distinguish products and services. Any intellectual property you create as part of your work here is the property of NYIT, and is deemed a work made for hire, with all legal interests vesting in NYIT, unless otherwise determined by a separate written agreement between you and NYIT or as provided in a collective bargaining agreement.
External Communications/Solicitations and Distribution of Literature
From time to time, as an employee of NYIT, you may receive inquiries from the media (e.g., newspapers, television stations, radio stations, magazines, or Internet-based media). To ensure that NYIT maintains the appropriate public image and that communications to the media are accurate and consistent with applicable NYIT policy, if you are contacted by the media, you should refer the individual making the inquiry to the Office of Strategic Communications and External Affairs at firstname.lastname@example.org.
Any inquiries from attorneys or law enforcement representatives should be referred to the Office of the General Counsel.
Solicitations and Distribution of Literature
In the interest of maintaining a proper environment and preventing interference with work and inconvenience to others, employees may not distribute literature or printed materials of any kind, sell merchandise, solicit financial contributions, or solicit for any other cause during working time. Employees who are not on working time, e.g. those on lunch hour or breaks, may not solicit employees who are on working time for any cause or distribute literature of any kind to them. Non-employees are prohibited from distributing material or soliciting employees on NYIT premises at any time.
Social media is changing the way we work and educate, offering a new communications model for you to engage with students, colleagues and the world at large. We believe this kind of interaction can provide educational opportunities and benefits. And it's a way for you to take part in global conversations related to education and other important matters that we care about at New York Institute of Technology (New York Tech).
These are the official guidelines for participating in social media as a representative of New York Tech. If you're a staff or faculty member creating or contributing to blogs, wikis, social networks, virtual worlds, or any other kind of social media, these guidelines are for you. It is your sole individual responsibility to ensure ongoing compliance. Participation in social networking on behalf of New York Tech is not a right but an opportunity, so please treat it seriously and with respect. Failure to do so could limit your ability to participate in New York Tech's official social media accounts. These guidelines will continually evolve as new technologies and social networking tools emerge—so check back regularly to make sure you're up to date.
Virtually every day new educational and communication opportunities are sprouting up on existing and emerging social networking sites. While we want to encourage our New York Tech community to participate responsibly, here are a few simple guidelines to keep in mind:
Let's start a conversation. Social networking is an effective way to share New York Tech's stories with the community in order to develop relationships and collaborate. Keep in mind that you want to:
- Have fun. It's a conversation. Be yourself and encourage comments. Create some excitement. Let's share with the world the exciting things we're learning and doing—and open up the channels to learn from others.
- Add value. There are millions of words out there—make yours helpful and thought‐provoking. Impart the research, ideas, innovations and creativity unique to New York Tech. Remember, it's a conversation, so keep it real. Build community by posting content that invites responses—then stay engaged.
- Tailor your message. Make sure that you know your audience. The same post may not resonate across platforms.
- Use the appropriate tone of voice. It's all about telling your story. Social networking allows you to be playful, hip, communal, irreverent, fun, and sophisticated, among many other adjectives. Find your voice and stick to it.
- Understand the platform. Know your social networking site's rules. Know the terms of service for the site you're using. Also, understand that by using any site, you are implicitly agreeing to its own codes of conduct.
- Check in with SCEA. If you or your department wants to get in on the social media action give SCEA a call. As described below, SCEA must approve any New York Tech official or affiliated pages, and the team can help with the set-up and maintenance.
Your honesty—or dishonesty—will be quickly noticed in the social media environment. Please represent New York Tech ethically, accurately, and with integrity.
- Be transparent. Use your real name, identify that you work for New York Tech, and be clear about your role.
- Be truthful. If you have a vested interest in something you are discussing, be the first to point it out and be specific about what it is and never post false, inflammatory or misleading statements.
- Be accurate. Proofread and double-check your facts before posting. This is one way to maintain the integrity of the work and the trust of other users.
- Be yourself. Stick to your area of educational expertise; write what you know. If you publish to a website outside New York Tech and identify yourself as affiliated with New York Tech be clear that what you are sharing is your personal point of view.
Make sure all that transparency doesn't violate New York Tech's confidentiality or legal guidelines for students or colleagues—or your own privacy. Remember, if you're online, you're on the record—everything on the Internet is public and searchable. And what you write is ultimately your responsibility. New York Tech reserves the right to delete or modify any questionable content from its sanctioned social media properties.
- Don't discuss students. Never discuss a specific student's information. In the case of specific student achievements, the Office of Strategic Communications and External Affairs will help you determine the appropriate channels for releasing the information.
- Don't discuss New York Tech confidential or proprietary information. This includes, for example, New York Tech financial information and personnel information. Please also never comment on New York Tech legal matters.
- Abide by the law. Respect copyright; fair use; privacy, confidentiality, FERPA, and HIPAA; and defamation laws. For New York Tech's protection and your own, it is critical that you comply with the laws governing use of copyrighted material owned by others. The safest practice is to link to others' work. If you do quote from someone else's work, you must either have permission or determine that it is "fair use" under copyright laws. You should also be sure to include the appropriate credit, but remember that credit is not the same as permission. Keep in mind that laws vary in different areas of the world.
- Avoid political partisanship. In charged political races emotions can run high. New York Tech is nonpartisan and all content posted to New York Tech's affiliated accounts should be as well.
- Don't slam other schools (or New York Tech). Anything you publish must be true and not misleading, and all claims must be substantiated and approved. Academic achievements or changes must be approved for external posting by the Office of Strategic Communications and External Affairs.
- Don't over share. Be careful out there—once you hit "share," you usually can't get it back. Plus being judicious will help make your content more crisp and audience-relevant.
- Play nice. Don't engage in online bullying or fights. When disagreeing with others' opinions, keep it appropriate and polite.
- Be accessible. If you are publishing on behalf of New York Tech, make sure that your supervisor or colleagues can access your social networking account in case of an emergency.
4. Use Common Sense
Perception is reality and in online social networks, the lines between public and private, personal and professional are blurred. Just by identifying yourself as an New York Tech employee, you are creating perceptions about your expertise and about the school and its academic rigor. Do us all proud.
- Learn from the conversation. As a global institution of higher education, an ongoing exchange of ideas, experiences, and learning at our various campuses among faculty, staff, students, and alumni—and among all other partners and constituents—fosters individual and institutional growth.
- Keep it cool. There can be a fine line between healthy debate and confrontational or incendiary reaction. Always frame what you write to invite differing points of view without inflaming others. And you don't need to respond to every criticism. Be careful and considerate as the content of your writings may be interpreted to represent school-promoted activism.
- Respect the input of others. New York Tech values the input and opinions of others, without regard to their professed ideology, socio-economic status, race, political views, religion, culture, sex, sexual orientation, national origin, disability, or any protected status. Be considerate and respectful to all.
- Did you screw up? If you make a mistake, admit it and be apologetic. Be upfront and be quick with your correction and any necessary apology. If you're posting to a blog, you may choose to modify an earlier post—just make it clear that you have done so.
- Use good judgment. If you're about to publish something that makes you even the slightest bit uncomfortable, think about why that is. Always pause and think before posting. And reply to comments in a timely manner, if and when a response is appropriate. If you are unsure on how to respond to a negative or inflammatory comment, the best practice is to wait and seek advice from the Office of Strategic Communications and External Affairs rather than react in haste. Keep it cool if others are upset.
New York Tech Official Pages or Affiliated Sites
Setting Up an Account
Social media may be just what your department needs to jump start the conversation. Before you click that create button there are a few things you need to do:
- The setup. If any school, department, office, or person wants to create an New York Tech affiliated social media account, the Office of Strategic Communications and External Affairs will need to grant approval. Please contact New York Tech's Social Media Strategist (email@example.com or 516.686.7849) to begin the process.
- Establish a contact person. Notify the Office of Strategic Communications and External Affairs as to who the new social media contact person will be. And keep us updated on any changes.
- Be secure. All social media passwords should be kept in a secure location and follow IT best practices for passwords. These should also be updated when a social media administrator leaves or third party uses the accounts. Any employee with responsibility for and/or access to an New York Tech social media account should be removed as an administrator upon leaving New York Tech.
- See something, say something. Report any suspected "fake" social media account to the Social Media Strategist. If possible, users should refrain from replying to or engaging with any suspected "fake" accounts.
New York Tech respects the rights of students, faculty, and staff to engage in free and open communication of their personal information through the individual use of blogs, Internet diaries, social websites like Facebook, Twitter, Instagram, Snapchat, YouTube, WeChat, Tumblr, and other forms of online discourse. However, when these personal online activities contain content that could be detrimental to New York Tech, its faculty, staff, or students, they may become an appropriate focus of the school's policies. Students, faculty, and staff are personally responsible for the content of their personal online activities, and in addition to the general guidelines above, the following additional guidelines should be followed:
- Know your privacy settings. Faculty and staff may have personal Facebook/Snapchat/Instagram/YouTube/Twitter accounts but should be mindful of privacy settings. Because each and every faculty, and staff member represents the school, content posted on personal pages should be in good taste. Personal photos, especially, should be filtered for appropriateness. Unless privacy settings are manually changed, each and every person should assume that his or her personal information could be accessed by anyone on the Internet.
- Know your role. Keep in mind New York Tech is an institution of learning and our students often look to university faculty and staff for guidance and direction as they embark on their educational and professional careers. Be a good example for them to follow.
- Getting personal. Personal engagement with social media should not be on work time or using New York Tech computers or networks.
References in relation to job applications for current or former employees may only be provided by Human Resources. In the event that NYIT receives an inquiry concerning a current or former employee's employment, in accordance with NYIT's general policy, NYIT will only disclose the position and dates of employment of the current or former employee, unless other information is required by law or court, or administrative process. Please contact the Office of Human Resources, if you receive a request to provide a reference for a current or former NYIT employee.
Telecommunications and Information Technology
Telecommunications equipment provided by NYIT is intended for use related to NYIT business and is not intended for personal use. If you need to use office telephones for personal calls during business hours, you should keep calls brief so as not to interrupt department workflow or incur additional expenses.
You are strictly prohibited from receiving personal telephone calls on any of NYIT's toll-free lines. Excessive use of office telephones for personal calls may be grounds for disciplinary action. Please do not attempt to de-install, relocate, or alter any telephone equipment in any way. Address all telephone requests to Information Technology Services. Unauthorized tampering with any NYIT telephone hardware may put yourself or your coworkers in danger or result in damage to NYIT's telephone systems. Violations of these policies can lead to the suspension of your services and additional penalties, up to and including the termination of your employment and, if warranted, referral to the appropriate law enforcement agency.
Similarly, computers and other information technology provided by NYIT are intended for use related to NYIT business and are not intended for personal use. The security and accuracy of information contained within these systems are the responsibility of all individuals with access to them. While NYIT wishes to promote Internet use, employees should be aware that every message sent through the Internet from NYIT, and all information uploaded to the Internet from the office, has NYIT's name attached to it. Sending an email, contributing a file to a database, or participating in a computer bulletin board or forum is much like using NYIT's letterhead. With that in mind, NYIT has established the following policies governing Internet access through NYIT computers or using a NYIT provided email or Internet address.
Employees should understand that, in communications on the Internet from the office, he/she may be regarded by the recipients as a representative of NYIT. Care should be taken to communicate at all times in a professional and courteous manner. It is important to remember that email communications across the Internet are not secure. Each employee should understand that email messages and use of the Internet are not private within NYIT, even if you use a password to protect information sent or received. Email messages should be treated like written communications, with an expectation that anything in them will be available for review by authorized representatives of NYIT.
You may have been given a computer and network access as part of your job duties. Use of NYIT's information technology is governed by the following restrictions, policies and procedures:
The following list is an outline summary of the comprehensive policies.
- Use of NYIT computers and networks for non-NYIT-related commercial purposes is strictly prohibited. This includes, but is not limited to, development of programs, data processing or computations for non-NYIT-related commercial use, and preparation and/or presentation of advertising materials not related to NYIT.
- You should not attempt to gain access to privileged areas or to accounts that do not belong to you.
- Individual accounts cannot be transferred to or used by another person.
- You should not use NYIT computers to gain unauthorized access to other systems.
- Do not attempt to read another person's email or other protected files.
- Do not use your computer to send nuisance email, including chain letters and obscene or harassing messages, or to play computer games.
- Copying, storing, displaying or distributing copyrighted materials using NYIT computer systems or networks without the express permission of the copyright owner, except as otherwise allowed by copyright law, is strictly prohibited.
- You should never use your computer for any unethical, illegal, or criminal purposes.
- If you ever discover what may be a security lapse in our systems, please report your concerns to Information Technology Services at once.
- You should not share your passwords with anyone.
- You are responsible for the proper use of your account including choosing safe passwords and ensuring that your file protections are correctly set.
- Each user is assigned one or more confidential passwords intended to restrict access to desktop computers and email. However, employees should have no expectation of privacy regarding documents stored on computer systems or in messages sent across the network. NYIT has the absolute and unconditional right to investigate, review, and monitor these materials including, but not limited to: eradication of computer viruses; data access, backup and restoration; hardware and software inventory procedures, including scans for unlicensed software installations; installations, maintenance, updates and repair; investigations relating to compliance with NYIT policies, including computer policies, and investigation of criminal, unlawful, or unauthorized activities as directed by local, provincial, state, federal authorities, or by the senior management of the university.
Any employee found to be in violation of any of the terms of these policies will be subject to suspension of computer access and disciplinary action, up to and including suspension or termination of employment and, if warranted, referral to the appropriate law enforcement agency.
Compensation/Classification of Employment
For purposes of compensation administration, New York Tech classifies its employees as follows:
Full-time regular employees work on a full-time basis of continuing duration. Work hours vary by department, with some having a 35-hour week and some a 40-hour week. Such employees may be "exempt/manager" or "non-exempt/non-manager" as defined below.
Part-time regular employees work on a part-time basis of continuing duration. Part-time regular employees are not eligible for health benefits, pension, vacation, or holiday pay, except as may be legally required.
Temporary and contract employees are engaged to work full- time or part-time on New York Tech's payroll with the understanding that their employment will be terminated on completion of a specific assignment or project. Individuals hired from temporary employment agencies for specific assignments or projects are employees of the respective agency and not of New York Tech.
"Non-exempt/non-manager" employees are employees who are required to be paid overtime, in accordance with applicable employment standards legislation. "Exempt/Manager" employees are employees who meet certain tests as to salary and their job functions and responsibilities and are not required to be paid overtime, in accordance with applicable employment standards legislation.
You will be informed of your initial employment classification and of your status as an exempt/Manager or non-exempt/non-manager employee at the time of your hire. If you change positions during your employment as a result of a promotion, transfer, or otherwise, you will be informed of any changes in your status.
This handbook does not guarantee employment for any specific duration.
The normal workweek for New York Tech employees is Monday through Friday, with the exception of paid holidays. Working hours may vary according to your specific department. Your supervisor will advise you of your work schedule. Changes in work schedules will be announced as far in advance as is practical. Full-time regular employees are provided with lunch and rest breaks as required by provincial or federal law.
In accordance with applicable laws, all NYIT employees must accurately report time worked and/or leave time taken. Non-exempt employees submit weekly time sheets on which they record their hours worked, and exempt employees submit semi- monthly time sheets on which they record only their time off from work. Falsification of time records is a breach of institutional policy and is grounds for disciplinary action up to and including suspension or termination of employment.
Overtime and Compensatory Time-Off
Departmental needs may make it necessary, on occasion, for employees to work beyond their scheduled work hours. Your supervisor will attempt to provide you with reasonable notice when the need for work outside your regular work schedule arises. Please remember, however, that advance notice may not always be possible.
Non-Exempt/Non-Manager Employees: Overtime compensation is provided to non-exempt non-manager employees only. If you are unsure of your exemption status, check with the Office of Human Resources. Except as may otherwise be required by applicable provincial law, non- exempt employees are paid at a rate of 1.5 times their current hourly rate for all hours in excess of 40 hours worked in their established workweek, or for daily hours in excess of 8 hours. For employees in positions with a scheduled 35-hour workweek, hours worked beyond 35 but less than 40 will receive additional straight-time pay. Non-exempt employees may take compensatory time instead of being paid overtime. Such arrangement must be reviewed and tracked by the employee's manager, prior to the overtime being worked.
All overtime and additional straight time must be approved in advance by the department head. It is not permitted for employees to work additional hours without authorization, or to fail to accurately report hours on timesheets.
Exempt Employees: To the extent it is operationally possible, compensatory time may be given to employees exempt from overtime pay who are required to work excessive amounts of additional time on a prolonged or regular basis or who are required to regularly work on scheduled days off. All compensatory time must be approved in advance by the department head. This compensatory time off is not intended to be an hour-for-hour equivalent, but a good faith effort to recognize extraordinary circumstances. Employees are not paid in lieu of compensatory time off in the event that it cannot be granted.
Pay Periods and Salary Adjustments
Salary is payable semi-monthly, with limited exceptions. All promotions, transfers, and salary increases for employees, other than unionized employees, require the review and approval of the employee's vice president, the Office of Financial Affairs, the Office of Human Resources, and the president.
From time to time, New York Tech authorizes, for certain of its non- unionized employees, a periodic salary adjustment or "PSA." Eligible employees must have (a) been employed by New York Tech for at least six months prior to the effective date of the PSA; and (b) demonstrated satisfactory job performance.
Salary garnishments authorized by law, including those directed by court order, the CRA, or any other required garnishment order, are processed through the payroll department. If New York Tech receives a notice of garnishment of your salary, the payroll department will notify you, if obligated to do so by the order. Upon receipt of this notice, the payroll department is required by law to deduct the monies according to the schedule established in the garnishment notice. Garnishments are deducted on a per-pay cheque basis and remitted directly to the court or other garnishing agency. The payroll department maintains records of garnishment payments and will notify you of any changes to the garnishment schedule, and when the garnishment ends, if obligated to do so by the order.
Job Postings, Transfers, and Promotions
It is New York Tech's policy to promote from within when and where possible. Requisition authorizations (RAs) for open positions are posted on the New York Tech website, when and where appropriate.
Employees in good standing are encouraged to apply for open positions and should contact Human Resources for additional information. Transfers and promotions require final review and approval by the employee's vice president, the Office of Financial Affairs, the Office of Human Resources, and the president.
Performance Problems and Corrective Action
As an employee of New York Tech, you are expected to perform your job duties as directed by your supervisor and to maintain professional behavior in keeping with the standards outlined in this handbook.
Discharge and discipline decisions are made at the sole discretion of New York Tech. Certain types of misconduct may give rise to immediate discharge. Examples include, but are not limited to, use of controlled substances, intoxication, dishonesty, insubordination, misconduct, and/or violation of New York Tech policy. In certain cases of unsatisfactory performance, New York Tech may determine, at its sole discretion, to use a progressive discipline system designed to address performance problems and correct unacceptable behavior in a positive and constructive manner. However, New York Tech may also terminate the employee's employment with or without just cause as set forth in this handbook under Tenure of Employment.
Managers should seek guidance from the Human Resources department regarding employee performance problems and assistance in drafting performance and disciplinary communications to employees.
Employee Assistance Services
There may come a time during your employment with New York Tech when an outside situation, including family difficulties, poor health, substance abuse, or emotional disturbance, may interfere with your ability to do your job. Therefore, we have established an Employee Assistance Program (EAP) to assist you and your family in getting the help you may need.
The EAP is a confidential assessment, counseling, and referral service designed to assist employees and their families with personal problems. New York Tech has contracted with United Healthcare to provide its EAP services. The EAP is staffed by professional counselors who are experienced in assisting people with a wide range of personal problems. Counselors are available 24 hours a day, seven days a week, to talk, offer short-term counseling and, if necessary, provide you with a referral for continued or specialized care.
Relationships with Other Employees and Family
NYIT discourages having family members work in the same department. In addition, NYIT prohibits one family member from having any direct or indirect supervision over the progress, performance, pay, or welfare of another, regardless of their areas of employment, and they may not be involved together with matters of financial controls or physical inventory of NYIT property. For this policy, NYIT defines family as any of the following relationships: child, spouse, domestic partner, parent, sibling (including half siblings, step siblings, or siblings related through adoption), grandchild, grandparent, ward, in-law, uncle, aunt, niece, nephew, cousin, the child of an employee's spouse or domestic partner, or any other individual related to the employee by blood or whose close relationship with the employee is the equivalent of a family relationship.
If the family relationship of two employees who fall under one of the above-listed conditions changes, the employee with the shorter length of service will be required to transfer, resign, or be terminated within 30 days unless the other employee does the same voluntarily. If you have any question about whether or not your family member is eligible under this policy to apply for a specific open position, please contact the Office of Human Resources.
Consensual Romantic Relationships
As in any situation where adults spend time together, it is possible that NYIT employees may wish to engage in a consensual romantic relationship. There are specific instances where this violates NYIT policy. If you are a faculty member, you must not participate in a consensual romantic and/or sexual relationship with any student who is enrolled in any of your classes or is under your authority. Situations of authority include, but are not limited to: teaching, formal mentoring or advising; supervision of research and employment of a student as a research or teaching assistant; exercising substantial responsibility for grades, honors, or degrees; and involvement in disciplinary action related to the student. You are also discouraged from participating in this type of relationship with any student not under your authority. If you are a staff member, you must not participate in a consensual romantic and/or sexual relationship with anyone who is subject to your supervision or evaluation. There is a power differential in these relationships that could compromise your ability to perform your job duties in an unbiased manner. In addition, there is a danger that the consensual nature of the relationship could later be reinterpreted as non-consensual and therefore create a potential for sexual harassment.
We recognize that two people may already be engaged in some type of consensual relationship before one of the above-listed situations occurs. In this case, whoever is in the "supervisory" position, whether as an employee or a professor, must make every effort to place the student or subordinate employee in another situation. If this is not possible, the conflict must be resolved in another manner—the student must drop the class, one employee or the other must resign, or the relationship must end. For the purposes of this policy, employees who are or were married are considered in a consensual relationship.
Gifts to Employees/Personal Events for Employees
Consistent with the proper stewardship of New York Tech's resources and in accordance with regulations on the disbursement of provincial or federal funds, gifts to New York Tech employees, and celebratory events of a personal nature (birthdays, weddings, baby showers, graduation, and the like), may not be purchased or paid for with New York Tech funds.
Time-off Benefits and Vacation
New York Tech offers every regular full-time, 12-month employee paid vacation. For administrative staff, the number of vacation days that you are eligible for is determined on a calendar-year basis and each full-time employee earns vacation on a pro-rata basis throughout the year. With supervisor approval, employees may use "borrowed" vacation days up to the annual accrual earlier in the calendar year before the days have been earned. Any such borrowed days will be deducted from the employee's final pay cheque if the employee terminates before accruing the borrowed vacation.
All requests for vacation time must be submitted on a timely basis to your supervisor, who will approve your request consistent with the operating needs of the department. Vacation days will only be approved for times when your absence will not place undue hardship on the operations of your department. Individual departments may have periods of peak activity in which no vacation time may be taken.
Unless otherwise noted (e.g., in your offer letter), all full-time staff employees will receive 24 vacation days per year. You must use all of your vacation days before year end. If your employment ends during the year, your final pay will include any earned/unused vacation days, based on the number of months worked in the current year. Vacation days used, but not yet earned, will be deducted from your final pay.
Faculty will be eligible for vacation during non-instructional days specified each year in the College calendar, but at no time will their annual vacation entitlement be less than mandated by the British Columbia Employment Standards Act, as amended. Vacation time shall be arranged so as to not interfere will New York Tech's normal business.
Part-time employees will receive vacation in the amount of 4% of earnings on each pay cheque.
All employees of the institution are entitled to a number of holidays off with pay. The Office of Human Resources posts the list of paid holidays (which includes Statutory Holidays) online each year on my.NYIT (login required). You are eligible for holiday pay if you are a regular, full-time employee and the holiday occurs after your date of hire.
New York Tech provides paid sick leave to all regular, full-time employees to ensure that absences due to illness do not result in loss of pay.
You accrue sick time on a monthly basis, starting with the first month of regular, full-time employment. In your first year, you accrue one day of paid sick leave every other month; in subsequent years, you receive one paid sick day per month for each completed month of regular service. You may carry unused sick days forward to the next calendar year. This enables you, should a serious medical problem arise, to receive full salary by using some or all of the sick time you have built up over the years. Upon termination of employment, unused sick days will not be paid out to the exiting employee.
Please remember that sick leave is only to be used for the employee's own illness. The efficient operation of the college is predicated upon employees maintaining satisfactory attendance records, and the records of employees with frequent absences of short duration are reviewed carefully. Disciplinary action up to and including termination may be instituted for excessive absenteeism even though the employee has paid sick leave remaining.
If you are absent due to illness for more than seven consecutive calendar days, you are required to contact the benefits unit of the Office of Human Resources, and they will coordinate any related disability claim application process for you. The benefits personnel have the right to ask you to provide a doctor's note confirming the medical necessity of your absence if your absences become frequent.
The college encourages you to perform this important civic duty when summoned. If you receive a notice to report for jury duty, you should notify your supervisor immediately with a copy of the summons. It is your responsibility to arrange for any postponement, if eligible. NYIT will continue your regular pay during a period of jury duty for up to 10 working days. You are required to give NYIT any pay you receive from the court for jury service while you are receiving your regular pay. If your jury service lasts longer than 10 days, you will not receive pay from NYIT for this additional time but you may keep any court payments you receive. When your jury service is over, you will receive a written release from the court, indicating the days served. You must submit this notice to your supervisor as soon as you return to work.
Regular, full-time employees are eligible for paid bereavement leave. You may take up to five days following the death of an immediate family member, defined for this purpose as a spouse, child, parent, or sibling. You may take up to three days following the death of a grandparent or parent-in-law. Bereavement leave is granted on a per-occurrence basis. Your timesheet for the period should reflect that time was taken for this purpose.
Family and Medical Leaves
Maternity and Parental Leave
Employees are eligible for Maternity and Parental Leaves, as well as other care leaves as outlined by the British Columbia Employment Standards Act and Service Canada.
The employee's request for pregnancy, maternity or parental leave must be given to management in writing at least 4 weeks before the leave commences, where possible. This request must include the final working day and the day that the employee expects to return. If the employee does not intend to return, the request should indicate this, and prior to the end of the period the employee will be issued a final Record of Employment.
You are required to provide the benefits unit of the Office of Human Resources with certification from the healthcare provider that you are needed to care for the family member, as well as an estimate of the leave time needed. In the case of your own illness, you must provide documentation from your healthcare provider stating that you are unable to perform the essential functions of your job as a result of the condition.
If you take leave to care for a family member or for your own illness as described above, you may take the time on an intermittent or reduced-time basis, but only if the medical condition necessitates this type of schedule.
You may use any accrued paid leave time (vacation or personal, or, in the case of the employee's own illness, sick time) to provide you with pay during all or part of the leave period. You must file a written request with the Office of Human Resources in order to receive such pay during your period of absence.
You are required to contact the benefits unit of the Office of Human Resources to request the required paperwork to apply for a Family / Medical leave. You must contact the benefits unit a minimum of two weeks prior to the end of the leave to confirm the date you are scheduled to return to work and provide appropriate documentation.
For any protected leave under the BC Employment Standards Act, New York Tech is required to return you to your previous position, or to an equivalent position, when your leave period ends. If you do not return to work immediately upon the expiration of your leave, as agreed upon at the beginning of the period of absence, New York Tech will be unable to hold your position open. New York Tech will continue to provide your benefits in effect prior to the leave (i.e., supplemental medical, dental, life insurance, and long-term disability) for the duration of any leave to which you are entitled under the ESA.
In the case of your own illness, New York Tech may grant at its discretion a medical leave longer than required by the ESA, subject to continued medical certification of disability. New York Tech will continue to provide your benefits throughout the leave period, but there will be no guaranteed reinstatement past the period required by the ESA. If you do not return to work prior to six months from the original date of your leave, your employment will end, and your record will reflect that you voluntarily resigned your position.
Available Leaves included in this policy:
- Maternity Leav = 17 weeks
- Parental Leave = 62 weeks
- Compassionate Care = 27 weeks
- Critical Illness = Up to 36 weeks (child); 16 weeks (adult over 19 years old)
Personal Leave of Absence
A regular, full-time employee may request a personal leave of absence (not related to Family and Medical Leave) of up to 60 days. You are eligible to apply for this type of leave after one year of service. The leave may be unpaid, or you may use accrued vacation time to provide you with pay for all or part of the leave period (accrued sick time cannot be used during a personal leave.) During a personal leave of absence, the college will continue to provide your benefits in effect prior to the leave (i.e., supplemental medical, dental, life insurance, and long-term disability). Sick time and vacation time accruals do not continue during your leave.
You must make a written request for a personal leave of absence to your supervisor. The request must be approved by your supervisor and the relevant vice president. Once approved, forward a copy to the benefits unit of the Office of Human Resources. This request must state the reason for the leave and the dates for which the leave is requested. New York Tech reserves the right to require written substantiation of the conditions prompting the leave. During a personal leave of absence, an employee may not work elsewhere or accept a position outside of New York Tech. This action would result in cancellation of your leave and could affect your continued employment with New York Tech.
At the conclusion of an approved personal leave of absence, New York Tech will attempt to reinstate you to your previous position, or to an equivalent one. If a position is not available at the end of your leave, your employment with New York Tech will end. In addition, if you do not return to work immediately upon the end of your leave period, as previously agreed upon, your employment will end, and your record will reflect that you voluntarily resigned your position.
New York Tech provides unpaid leave time to regular employees who are called to Military Reserve duty in accordance with all applicable provincial or federal laws. If you are called to Reserve duty, you should provide a copy of the duty assignment to your supervisor immediately upon receipt.
Upon completion of Reserve duty, employees must apply for reinstatement in accordance with applicable provincial or federal laws in order to be reinstated with full seniority rights for the military time served.
The college offers all regular, full-time employees with a comprehensive benefits program. In addition to paid and unpaid leave time, some of the other benefits include:
- Supplemental Medical insurance
- Dental insurance
- Life insurance (employee, spouse and children)
- Long-term disability insurance
- Emergency Travel insurance
- Employee Assistance Program
- Registered Pension Plan
- Service and appreciation awards
These benefits are subject to termination or modification by New York Tech at any time, without notice. The inclusion of a benefit on this list does not assure that it will be available to you for the duration of your employment.
Provincial Medical Services Plan (MSP)
All regular, full-time employees are eligible the first of the month following the date of hire if you a current resident of British Columbia. New residents to British Columbia are eligible the first of the month following two months of residence in British Columbia. Eligible dependents include the spouse and children up to age 24 (if full-time student, age 18 otherwise).
Medical Insurance (Supplement to Provincial Medical Services Plan)
All regular, full-time employees and their eligible dependents may choose to be covered under a supplementary medical insurance program. Your supplementary medical insurance coverage becomes active following three months of employment. Eligible dependents may include your spouse and children up to age 25 (if Full-time student, age 21 otherwise).
At the time of hire, eligible employees will be required to complete the necessary enrollment information in order to be covered.
Information concerning available plans, provider directories, claim forms, or any other information concerning medical insurance is available by contacting the benefits unit of the Office of Human Resources.
All regular, full-time employees and their eligible dependents may choose to be covered under a dental insurance program. Your dental insurance coverage becomes active following three months of employment.
Eligible dependents may include your spouse, unmarried children up to age 21, and unmarried children ages 21–25 who are full-time students and dependent on you for financial support. You will be required to provide periodic proof of your child's full-time student status in order to continue his or her coverage.
The dental plan provides coverage for preventive, basic, and major dental services, subject to deductibles, co-insurance, and caps. As soon as you become eligible for dental insurance, you will automatically receive a plan description and claim forms from the Office of Human Resources. You may request additional information or forms from Human Resources at any time.
All regular, full-time employees receive life insurance through New York Tech at no cost. Your life insurance coverage becomes active following three months of employment.
Your life insurance is valued at $25,000 for the employee, $5,000 for spouse and $2,500 for each child. An enrollment form should be completed by all employees to designate beneficiaries.
Long-term Disability Insurance
All regular, full-time employees are eligible for coverage under New York Tech's long-term disability program, which becomes active following three months of employment. Premiums for Long-term disability benefits are paid by New York Tech on behalf of the employee. Long-term disability insurance benefits are available for eligible employees who are disabled for 120 days and who satisfy the insurance carrier's disability determination.
Upon approval for long-term disability benefits, you will be eligible for payments of a benefit equal to 66.67% of your covered monthly salary, up to a maximum of $6,000 (amounts above $4,800 require evidence of insurability). Benefit would begin after 120 days of disability and would continue up to age 65.
Out of Province/Country Emergency Travel Insurance
All regular, full-time employees are eligible for coverage for out of province/country emergency travel insurance. This coverage becomes active following three months of employment. Details can be obtained from the benefits unit of the Office of Human Resources.
All New York Tech employees in BC are covered by worker's compensation for illness, injury, or death arising out of and in the course of employment through WorkSafe BC. If you become ill or injured on the job and the illness or injury results in an absence from work in excess of seven calendar days, worker's compensation may provide weekly benefits. Medical expenses resulting from an on-the-job illness or injury may also be covered. It is imperative that you report any on- the-job illnesses or injuries to the Office of Human Resources within three days of the incident, either in person or by telephone. Employees are also required to complete a WorkSafe Form 7 to report their injury or accident.
Failure to do so may result in the forfeiture of worker's compensation benefits. The Office of Human Resources is responsible for filing the worker's compensation claim on your behalf.
Registered Pension Plan
All regular, full-time employees may choose to participate in a pension plan through Great West Life. You are eligible to participate in this program on the first day of the month following the date of hire.
To participate in the plan, you must contribute a minimum of three percent of your base salary on a pre-tax basis. New York Tech will contribute seven percent of your base salary into your account. Employee and employer contributions cannot exceed the limits as established by the CRA. All employee contributions are processed as payroll deductions on a pre-tax basis, thereby reducing your taxable income not to exceed the limits as established by the CRA.
You may obtain additional details and enrollment materials from the benefits unit of the Office of Human Resources.
Termination of Benefits upon Employee's Death
If you should die while actively employed by New York Tech, medical and/or medical and dental insurance coverage for your spouse and children (children are eligible until they reach age 26) covered by the plan(s) at the time of your death will be extended for a twenty-four month period following your death. This coverage, which will be provided at no cost, will end on the last day of the twenty-fourth month anniversary of your death.
Travel and Entertainment Policy
New York Tech's policy is to reimburse employees for necessary, reasonable and authorized travel and entertainment expenses incurred for approved New York Tech business, subject to applicable tax laws. This policy applies to all travel and entertainment by New York Tech employees, provided that expenses incurred in connection with grants or sponsored projects will be governed by the terms of the applicable award where inconsistent with this policy.
Travel to off-campus meetings for New York Tech business will be reimbursed, provided that employees are expected to use the most economical mode of transportation available. If the employee uses his or her personal automobile, the cost of the trip will be determined using the CRA Standard Mileage Rate allowance plus tolls and parking. Where it is more economical, the employee is expected to use public transportation.
Commutation from the employee's home to the office is not reimbursable.
TRAVEL BETWEEN CAMPUSES
New York Tech will reimburse employees for travel expenses incurred in connection with authorized, business-related travel between the employee's home or principal campus and another New York Tech campus, provided that there will be no reimbursement for vice presidents, deans, and other employees who are expected to work regularly at more than one campus. Employees will be expected to use the most economical transportation available.
For travel by public transportation, New York Tech will reimburse the employee for basic public transportation where available, i.e. railroad, subway and bus. Taxi and car service expenses will only be reimbursed if no public transportation is available.
For travel by automobile (only reimbursable if the cost is less than the cost of public transportation), the cost of the trip will be determined using the CRA Standard Mileage Rate allowance plus tolls and parking.
If traveling from home, only the distance in excess of your normal commute will be reimbursed.
Local Meals and Entertainment
Meals with non-New York Tech individuals will be reimbursed if they are necessary and customary for the purpose of furthering New York Tech business, either in connection with a meeting or to provide hospitality. Expenses for such meals should be kept to a reasonable level and not be lavish or extravagant. The names, titles, and affiliations of those in attendance at the function must be indicated on the employee's expense report along with the statement of business purpose. In addition, a detailed restaurant invoice must accompany the expense report.
In cases where New York Tech employees meet over a meal when they are not traveling, the cost of the meal is not reimbursable unless there is a clear and compelling business reason to meet over a meal.
Generally, this requirement is met when it is not possible for the employees to meet during other working hours, and the purpose of the meeting is to conduct business in accordance with a formal agenda. Such business meals should be infrequent and should generally be served at the meeting site. CRA regulations do not allow for the reimbursement of meal charges incurred by employees who are not traveling away from home (i.e., their travel does not require an overnight stay) unless the above criterion is met and there is a clear benefit to the institution.
Alcoholic beverages consumed during business meals involving only faculty or staff will not be reimbursed. However, entertainment and business meetings conducted by senior administration (president, vice presidents, and deans) may include alcoholic beverages as long as a business purpose is provided. Reimbursement of alcoholic beverages may be allowed in conjunction with official New York Tech business entertainment and hospitality for non-New York Tech individuals.
Expenses associated with seasonal gatherings, birthday/wedding/baby celebrations, sympathy, illness, employee departures and social gatherings are considered to be personal in nature and will not be reimbursed or paid utilizing New York Tech funds.
New York Tech funds may also not be used for gifts or for making donations to any outside agency/institution or other group.
Non-Local Travel and Entertainment
Travel outside of the Vancouver area ("non-local travel") by the president's direct reports must be authorized by the president. For other staff employees, non-local travel must be authorized by the responsible vice president. For faculty and administrators working within a school or program, 1) non-local domestic travel must be authorized by the dean, and 2) international travel must be authorized by both the dean and the vice president of academic affairs. All authorizations must be in writing.
Advances are available for business travel when they are properly approved and requested in a reasonable time frame (no more than 45 days), prior to the commencement of travel. Advances should be requested only when absolutely necessary and must be settled prior to obtaining a new advance. Travel advances cannot exceed the estimated reimbursable cost of the trip. Travel advances must be requested and approved via the Request for Travel Advance form (found on the New York Tech Self Services Portal, login required). Upon approval, the approver's office enters a travel advance requisition into the Oracle financial system.
Additionally, a copy of the Request for Travel Advance form must accompany the expense report for the trip.
Advances must be settled within 30 days of completion of the trip (i.e., expense report for the trip must be completed with the travel advance being deducted from the total expenses). If actual costs exceed the advance, the traveler will be issued a check for the difference. If the actual costs are less than the advance, the traveler will remit the difference, by check, to New York Tech along with the completed travel voucher. The CRA requires that travel expenses for which an advance has been received or which has been directly paid for by the employer must be substantiated within a reasonable timeframe after the expenses are incurred.
Employees are expected to use the most economical mode of transportation available, consistent with the authorized purpose and business practicalities of the trip. Employees are strongly encouraged to make travel arrangements at the earliest possible date, in order to achieve the lowest possible cost. Rental or employee-owned vehicles and taxis should be used only if other means of transportation are unavailable, more costly, impractical, or if the time saved is advantageous to conducting business.
Employees are encouraged to combine New York Tech travel with other business so that travel expenses can be shared with other organizations and are responsible for seeking reimbursement for expenses payable by others. In no case may the reimbursement to the employee from all sources exceed the total expenses incurred.
All business travel arrangements involving air, hotel, or car rental reservations should be made through New York Tech's preferred vendors, and preferably billed directly to New York Tech's procurement department by the travel agency or vendor. If a vendor other than a preferred vendor is used, or if the employee pays for his or her fare directly, then the employee is responsible for submitting evidence that the rates received were comparable, or lowest available.
Coach/economy class accommodations must be used for all flights, except where business class is authorized by the president or the responsible vice president. Purchase of full-fare economy tickets for purposes of upgrading to a higher class when cheaper tickets are available is not permitted. Exchanging tickets, downgrading classes, or making other arrangements with a New York Tech-provided airline ticket for personal benefit is prohibited.
Reward program benefits offered by airlines are the property of the employee and may be used by the employee for his or her own personal use.
All unused tickets must be returned as soon as possible to the procurement department. Reimbursement for any "out-of-pocket" add-on-fees, due to justified flight changes made by the employee, requires a receipt and all related documentation. If a penalty occurs because it is necessary to change the ticket due to the employee's work schedule, the employee may be reimbursed for the penalty.
Reimbursement for rail or bus may not exceed the total reimbursable cost of air transportation for a similar trip.
New York Tech will pay the current CRA rate-per-kilometer for business travel by private automobile, based on the actual driving distance by the most direct route. The standard mileage allowance is in lieu of all actual automobile expenses such as fuel and lubrication, towing charges, physical damage to the vehicle, repairs, tires, depreciation, insurance etc. Tolls and parking fees incurred in the course of business travel will also be reimbursed. No reimbursement will be made for traffic fines, parking tickets, or for damages incurred to an employee's car. When using a personal vehicle for business purposes, the employee is responsible for carrying adequate liability insurance, including not less than $100,000/$300,000 bodily injury and $25,000 property damage.
When use of a personal automobile has been authorized and is used in travel for which air is generally most appropriate, reimbursement may not exceed the allowable cost that would have been incurred had travel been by air. Because private automobile reimbursement is to reimburse the owner for use of the car, mileage and related expenses are payable to only one of the two or more persons traveling together in the same vehicle.
If New York Tech business requires an employee to travel outside the Vancouver area, a rental car may be authorized.
Compact-size cars are the standard level of vehicle to be rented. Tolls and parking fees incurred in the course of business travel will also be reimbursed. No reimbursement will be made for traffic fines or parking tickets incurred.
Each user of a rental car should inspect it for signs of physical damage before accepting the vehicle. Any damage incurred to a rented vehicle should be reported to the car rental agency immediately. For insurance purposes, employees are requested to include New York Tech as an additional insured party on car rental agreements. Since New York Tech's insurance policy provides coverage in excess of the rental agencies', travelers should not buy and will not be reimbursed for extra insurance from a car rental agency (such as "buy-back" deductible for comprehensive and collision), except when the individual is traveling to foreign countries where it is mandatory. All coverage mandated by the foreign country/locality must be purchased and must be equal to $10,000. If the mandatory coverage is a minimum of $5,000, the individual must purchase an additional $5,000 so that the total is $10,000.
Reimbursement for taxis will be provided where an auto rental is not practical or economical.
Employees are expected to stay at middle-market hotels, subject to the region in which they are traveling and the discretion of the president or responsible vice president. Guaranteed charges will be reimbursed if emergency travel circumstances require cancellation of hotel reservations after the stipulated time. An employee traveling under 250 kilometres round trip from his/her home within one day is not authorized to stay overnight in a hotel, unless the employee feels incapable of driving. Lodging expenses must be submitted on the original itemized statement furnished by the hotel, including the final settlement. If lodging expenses are paid by the employee online, then documentation from the hotel detailing the lodging expenses and the amount charged to the employee's credit card must be submitted with the expense report. Credit card statements and/or receipts will not be accepted as justification for reimbursement.
Actual costs of necessary business telephone calls, faxes, and Internet charges are allowable. Telephone costs must be itemized by business purpose and name of person called. Excessive telephone expenses will be considered an employee's personal expense. Due to the cost charged by hotels for telephone calls, it is recommended that employees use a calling card or a cell phone when making all telephone calls. Employees traveling internationally should consult with IT about obtaining a loaner cell phone with international service.
Meals and Incidentals
New York Tech will reimburse the reasonable cost of meals for overnight travel. Receipts must be submitted. Meals with non-New York Tech individuals while traveling will be reimbursed if they are necessary and customary for the purpose of furthering New York Tech business, either in connection with a meeting or to provide hospitality. Expenses for such meals should be kept to a reasonable level and not be lavish or extravagant. The names, titles, and affiliations of those in attendance must be indicated on the expense report along with the statement of business purpose, and a detailed restaurant invoice must be attached.
Whether dining alone or with others, meal expenses must be kept to a reasonable level. If the employee has any question about whether an expense will be deemed reasonable, the employee should seek pre-approval from the supervisor who signs the employee's expense reports.
Alcoholic beverages consumed during meals involving only faculty or staff will not be reimbursed. However, entertainment and business meetings conducted by senior administration (president, vice presidents, and deans) may include alcoholic beverages as long as a business purpose is provided. Reimbursement of alcoholic beverages may be allowed in conjunction with official New York Tech business entertainment and hospitality for non-New York Tech individuals.
Miscellaneous business-related travel expenses (e.g. local transportation, customary gratuities, landing taxes, charges relating to purchase, or surrender of foreign exchange etc.), accompanied by proper documentation, will be reimbursed to the employee. Dry cleaning and/or laundry expenses will be reimbursed for business trips in excess of four business days with the submission of proper documentation. In general, miscellaneous personal costs incurred during business travel are not reimbursable. This includes sporting, cultural, leisure, and other such pursuits or activities.
When the travel expenses are related to attendance at conferences or seminars, a copy of the program brochure must be attached to the expense report. The program must identify the dates of the conference as well as the details on what the conference fee covers. If the fee was paid previously through accounts payable, indicate the purchase order number on the conference program. If a copy of the program is unavailable, attach a detailed description of the conference, including the dates, the name and address of the organization that sponsors the conference, the location, and details of what the conference fee entitled the attendee to receive.
Combining Business and Personal Travel
If, for reasons other than New York Tech business, an indirect route is traveled or travel by a direct route is interrupted, reimbursement for airfare will be at either the actual charge or the charge that would have been incurred by traveling the direct route by the most economical means, whichever is less. The personal portion of the cost of a rental car must be subtracted from the total rental bill before the bill is submitted for reimbursement. The personal portion is defined as the difference between the actual cost and the cost that would have been incurred had the car been rented only for business purposes.
In general, the expenses of an employee's spouse, family or others accompanying the business traveler are not reimbursable. CRA regulations state that when a spouse or other person attends a meeting or conference and has no significant role or performs only incidental duties of a clerical, secretarial or medical nature, the attendance does not constitute a business purpose.
The Travel and Entertainment Expense Report form is available online at on the Human Resources Self Service Portal (login required). The employee who incurred the expenses must sign and submit the expense report to his/her approver within 30 days of the date the expenses were incurred.
Expenses incurred by the president and by any members of the Board of Trustees are reviewed and approved by the internal audit director. In all other cases, the expense report must be reviewed and approved as follows: (1) by the president, where the expense is incurred by an employee who reports directly to the president; (2) by the responsible vice president, where the expense is incurred by an employee who works in a department other than academic affairs or medical affairs and global health; (3) by the responsible Dean, where the expense is incurred by a faculty member or administrator working within a school or program; and (4) by the responsible vice president for academic affairs or medical affairs and global health, where the expense is incurred by a dean, or other employee who reports directly to that vice president.
Properly completed and approved expense reports for trips to a New York Tech campus or site abroad must be submitted to the Global Academic Programs located in Tower House, Long Island campus.
Properly completed and approved expense reports for trips to other locations abroad or within Canada, must be submitted to the Office of Financial Planning located in Gerry House, Long Island campus.
The budget manager must receive the expense reports within 60 days of the date the expenses were incurred. For reports submitted more than 60 days after the end of the trip on which the expenses are incurred, documentation of the reason for the delay must be provided. Reimbursement on late reports will be subject to the availability of funds and the department responsible for funding the expenses will have the discretion of denying reimbursement. Under no circumstances will New York Tech reimburse an employee for expenses whose associated expense report and related documentation are not received by the budget manager within 90 days of the date the expenses were incurred. Individuals must sign their own names on expense reports; they cannot have others sign for them. No employee may approve expenses for himself/herself, or for an individual to whom he or she reports.
The employee is responsible for the accuracy and completeness of the expense report, and for providing all necessary supporting receipts.
All required documentation must be submitted to the budget manager before reimbursement can be processed. Dated, original, unaltered receipts or invoices for expenses must be submitted as back-up to a properly completed expense report. Receipts should be attached to an 8.5 × 11 sheet of paper and sorted in day order. Credit card payment forms are not considered to be itemized receipts for meals, transportation tickets, lodging, and car rental. Where expenses are being shared with external organizations, a duplicate copy of the receipts will suffice if a detailed explanation of who is paying the balance of the expenses is provided. In all other cases, the following original documentation is required: all pertinent invoices; passenger copies of air, rail, and non-local bus tickets (receipts for subways and local bus transportation are not required); car rental agreements or invoices, adjusted to deduct expenses for the personal use of the vehicle and any non-reimbursable insurance; lodging bills detailing all charges; a copy of the conference announcement that details the registration fee and what the fee includes; and original receipts or invoices for other expenses.
Expenses incurred in a foreign currency must be converted to U.S. dollars for reimbursement. The following additional information is required for each receipt: date of payment; description of expense (hotel, airfare, toll, etc.); amount in the foreign currency and the U.S. dollar equivalent amount; rate of exchange and source of rate of exchange (i.e., xe.com).
In the event a receipt is lost, the employee must seek a duplicate of receipt from the billing agency. In those rare cases when all attempts have failed to yield an acceptable receipt, a brief memorandum attached to the expense report may be accepted in lieu of a receipt. The memorandum, signed by the person incurring the expense and the person approving the expense, must state that no receipt or canceled check is available; the expense was on behalf of New York Tech; the item and amount of the expense are accurate; and no other reimbursement of expense has been or will be sought or accepted from any other source.
New York Tech is not obligated to reimburse employees who do not submit their expense reports, and necessary documentary backup in a timely fashion.
The senior manager authorizing an expense is responsible for determining its justification and ensuring that the cost is within budget, and for ensuring that expense reports are compliant with this travel and entertainment policy. All incomplete or otherwise non-compliant expense reports submitted to the Office of Financial Planning or Global Academic Programs shall be returned to the appropriate senior manager who will be responsible for supervising completion of an expense report that is complete and compliant with this policy.
It is the responsibility of each employee to understand and comply with this policy prior to submitting expenses for payment. Any questions or guidance should be directed to the employee's supervisor. Periodic audits of expense reports will be conducted by internal audit to ensure ongoing compliance with this policy.
Non-compliance with the policy may be grounds for disciplinary action. The act of signing an expense report form is a representation that the expenditures incurred are in accordance with this policy.
There may come a time when you wish to voluntarily resign your position at New York Tech. There is a specific procedure in place that you must follow in order to leave New York Tech with your employment in good standing, an important factor if you decide to reapply for a position here in the future.
You must provide a signed letter of resignation, including the effective date of your resignation, to your supervisor, with a copy to the Office of Human Resources. This letter should include the effective date of your resignation (the last day you will work), in accordance with the terms of set forth above in the Tenure of Employment section of this Employee Handbook. Upon receiving your letter, the Office of Human Resources will forward a separation clearance form to your supervisor. This must be returned to the Office of Human Resources on or about your last day of employment.
You must return any New York Tech property, including keys, library books, computer and communications equipment, identification cards, and paper and electronic documents and files to the location indicated on the separation clearance form. In addition, you should be sure all of your timesheets have been submitted to the payroll department so that your unused vacation time can be properly calculated. You will receive pay for any unused, accrued vacation time. Other types of accrued paid leave, including sick time and personal time, are not payable upon resignation.
If your position is eliminated caused by (but not limited to) the elimination of a job function, the closing of a department, or New York Tech's financial needs, you will be considered for other employment at New York Tech if a position exists for which you are qualified. If no appropriate vacancy exists at that time and your employment is terminated as a result, you will be provided with notice or pay in lieu of notice in accordance with your minimum entitlements pursuant to the British Columbia Employment Standards Act, as amended. You will also receive pay for any unused, accrued vacation time. You must return any New York Tech property, as determined by the separation clearance form, immediately upon your separation.
If your employment is terminated by New York Tech for any reason other than an elimination of your position, you will receive pay for any unused, accrued vacation time, and, in the event that the termination is not for just cause, you will be provided with notice or pay in lieu of notice in accordance with your minimum entitlements pursuant to the British Columbia Employment Standards Act, as amended, unless provided otherwise in your employment contract. You must return any New York Tech property, as determined by the separation clearance form, immediately upon your separation.