1.1.0.1 Definitions of Terms
A. Purpose
The purpose of this Policy is to define terms used throughout the Handbook of Operating Procedures. The Chief Compliance Officer shall maintain current definitions that are used within the HOP.
B. Persons Affected
This Policy applies to all individuals associated with or on the premises of the University, including without limitation Employees, faculty, students, patients, visitors, volunteers, contractors, or vendors.
C. Definitions
- Business day: Monday through Friday, except for official University holidays.
- Clery Act: A consumer protection law that aims to provide transparency around campus crime policy and statistics by issuing an Annual Security Report.
- Clery Annual Security Report (ASR): ASRs must include policy statements regarding crime reporting, campus facility security and access, law enforcement authority, incidence of alcohol and drug use, and the prevention of/response to sexual assault, domestic or dating violence, and stalking. See HOP 5.4.1: Clery Act Reporting Requirements.
- Clery collected crime statistics: Regards incidences of crime mandated for inclusion in the ASR.
- Clery geography: Any of the geographic areas that the Clery Act specifies as ones in which crimes must be reported. These include on-campus, public property within campus bounds or immediately adjacent to the campus, non-campus buildings and property owned or controlled by the University that are used for educational purposes and frequently used by students but not a part of the core campus, or those owned or controlled by a student organization officially recognized by the University. (See HOP 5.4.1: Clery Act Reporting Requirements)
- Complainant: Individual lodging a Complaint or Grievance.
- Complaint: A verbal, informal statement of the essential facts constituting an alleged violation of a Regents’ Rule, University regulation, or administrative rule. Such issues will be considered on an informal basis in order to allow prompt explanation or correction of the subject of the Complaint. These include issues concerning the following:
- wages, hours of work, working conditions, performance evaluations, merit raises, job assignments, and reprimands;
- the interpretation or application of a rule, regulation or policy;
- unlawful discrimination on any basis; or
- allegations that the termination of a probationary or temporary Employee, or an hourly or per diem Employee who works on an as-needed basis, was for an unlawfully discriminatory reason.
- Confidential Information: Information that must be protected from unauthorized disclosure or public release based on state or federal law, (e.g., the Texas Public Information Act, other constitutional, statutory, judicial, or legal agreements). The unauthorized destruction, disclosure or modification of Confidential Information would be expected to have a severe or catastrophic adverse effect on organization operations, organizational assets, or on individuals. Examples of Confidential Information may include but are not limited to:
- Protected Health Information under HIPAA;
- protected student information under FERPA; and
- credit card numbers associated with an individual's name. (See HOP 7.5.2: Confidential Information)
- Division Head: Person with primary authorship over a proposed Policy and who steers a proposed Policy through the Policy development process. Primary authorship may include responsibility for conceiving the initial or amended Policy, producing a draft of the proposed Policy, and incorporating all subsequent edits arising through the HOP amendment process reviews. The Division Head will be responsible for the Policy and/or be the division’s representative on the HOP Committee.
- Employee: Any administrator, faculty member, or staff member of the University, both exempt and non-exempt. Includes any person, regardless of whether the person is employed with or without a salary, including contract persons who perform services on campus.
- Full-time Employee: Any Employee that must work forty (40) hours per calendar work week.
- Part-time Employee: Any Employee that must work fewer than forty (40) hours per calendar work week.
- Faculty member: A person who is employed by the University for the purpose of teaching a class and who has authority to assign grades for the class, including full-time, part-time and temporary persons.
- Grievance: A written formal statement of the essential facts constituting an alleged violation of a Regents’ Rule, University regulation, or administrative rule together with a recommendation for resolution.
- HOP: Handbook of Operating Procedures
- HSC campus: The University of Texas at Tyler Health Science Center campus of the University.
- Information Resources (IR): See HOP 7.1.0: Definitions of Terms Used in Information Resources
- Information Resource Manager (IRM): See HOP 7.1.0: Definitions of Terms Used in Information Resources
- Main campus: The Tyler academic campus of the University.
- MOPP: Manual of Policies and Procedures for Student Affairs
- OHR: Office of Human Resources
- Non-exempt Employee: Employee appointed to positions which do not fall under one of the exemptions found in the Fair Labor Standards Act of 1938 (FSLA), as amended, and whose positions are therefore subject to all provisions of the FLSA, including overtime provisions.
- Part-time or temporary Employee: Falls under one of the following categories:
- appointed for a period of less than four and one-half (4½) months;
- appointed to work less than twenty (20) hours per week (less than 50% time);
- appointed to a PRN position; or
- appointed to work a fixed-term period for less than four and one-half (4½) months in the fiscal year.
- Policy: Set of general rules or guidelines that guide operations of the University.
- President: The President of the University.
- Provost: Refers to the position of Provost and Executive Vice President for Academic Affairs and Chief Academic Officer.
- Quorum: A simple majority of voting committee members.
- Regents’ Rules: Refers to the Rules and Regulations of the Board of Regents of the University of Texas System (known as Regents’ Rules and Regulations). No Policy will be valid if it conflicts with this document.
- Respondent: Individual who is the subject of a Complaint or Grievance.
- SACSCOC: Southern Association of Colleges and Schools – Commission on Colleges.
- Stakeholder: Any individual or group that is directly impacted by a Policy.
- Student: Any person who is:
- currently enrolled or is accepted for admission or readmission on a full-time or part-time basis at the University;
- has been enrolled at the University in a prior semester or summer session and is eligible to continue enrollment in the semester or summer session that immediately follows; or
- is attending an educational program sponsored by the University while that person is on campus.
- Tenure: The entitlement of a faculty member to continue in the faculty member's academic position unless dismissed by the University for good cause, in accordance with the policies and procedures adopted by the University.
- University: Includes The University of Texas at Tyler Main campus, The University of Texas at Tyler Health Science Center (HSC) campus, the Longview, Palestine and Houston campuses, and all off-campus instructional sites.
- UPD: Refers to both the Main campus and HSC campus police departments, as well as the police staffed at the Palestine, Longview, and Houston campuses.
- User: Any individual granted access to Information Resources.
- UT System: Refers to the University of Texas System that has oversight of its component institutions.
- Vendor: Someone who exchanges goods or services for money or other consideration.
- Visitor: Any member of the public present on University premises that is not an Employee.
D. Policy
The Chief Compliance Officer or a Division Head or their designee shall inform the HOP Coordinator of any changes or additions to the definitions used.
E. Reference Sources and Authority
Not applicable.
F. Review Responsibilities and Dates
The Division Head for this Policy is the Chief Compliance Officer, and this Policy shall be reviewed every even year or sooner, if necessary, by the Division Head or their designee.