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03-01 Executive Order Directing Energy Conservation
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This policy is being introduced as required by the Federal Trade Commission under the Gramm-Leach-Bliley (GLB) Act.
At Montana State University Great Falls Campus, safeguarding the privacy and confidentiality of personal information is important. As an institution of higher education, we collect, retain, and use personal non-public information about individual students and staff members. We may collect personal information from such sources as hard copy applications, electronic forms, background checks, or over the Internet. The objectives of our information security program are to ensure the security and confidentiality of such personal information; to protect against any anticipated threats to its security or integrity; and to guard it against unauthorized access to or use.
Any sharing of nonpublic personal information about our students or employees must be done in strict adherence to the Federal Family Educational Rights and Privacy Act (FERPA) guidelines. The Campus may exchange such information with certain nonaffiliated third parties (under limited circumstances) to the extent permissible under law. Examples may include (but are not limited to) medical insurance institutions or credit card processing software companies.
We restrict access to student and employee information only to those employees who have business reasons to know such information, and we educate our employees and contract service providers about the importance of confidentiality and privacy.
In order to provide adequate safeguards over customers' credit card data and electronic addresses as they are received over the Web, the Campus will adhere to the following minimum technical specifications:
Information Technology will review, each department's hardware and software to ensure that all equipment is secure .
1. Approvals - Obtain approvals from the Controller's Office by completing the required forms (to be developed).
2. Program Requirements - Follow these procedures to insure security of information .
3. Develop adequate office procedures for staff or contract service providers to maintain secure information.
Segregation of duties is important to protect against fraud and maintain confidentiality.
1. Individuals who collect monies and/or write receipts should not be the same individuals who account for deposits.
2. The following functions should be performed by separate individuals :
3. Limit access to information such as ID and credit card numbers only to those individuals who need to know.
4. Protect and shred confidential information.
5. Small departments that do not have sufficient staff to meet ideal segregation of duties requirements must ensure that detailed supervisory review compensates for this weakness.
Effective Date and Review
These procedures are effective immediately upon adoption.
The Controller's Office will review and update this policy annually.
Adopted by COT Leadership 11/07/2003
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Montana law requires ".each state agency shall immediately notify both the attorney general and the legislative auditor in writing upon the discovery of any theft, actual or suspected, involving state moneys or property." (5-13-309 (3) MCA)
Any employee of Montana State University - Great Falls College of Technology who notices College equipment or money missing from its normal location or who suspects fraudulent activities may be taking place will immediately notify the campus Controller and, in the case of equipment, the Director of Information Technology Services.
The Controller will notify the Dean, the Assistant Dean for Administration and Finance and the MSU-Bozeman Internal Auditor. The Internal Auditor will advise the Attorney General's office and the office of the Legislative Audit Division as required by law.
Approved by COT Leadership 09/05/2003
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In accordance with State of Montana policies, employees must not use the College's assets, or employ the College's name or other official materials such as logo, etc., in order to conduct personal business. Personal visits and telephone calls should be kept to a minimum.* Under no circumstances should FAX/long distance personal calls be made or received at the College's expense.
* In the course of their work, it is expected that employees will occasionally engage in social interactions or make/take personal telephone calls of short duration to conduct necessary personal business. That is the de minimus standard. When these interactions occur commonly, rather than occasionally, or when they are so lengthy in duration and social/personal in nature as to constitute a significant interruption in the performance of paid work for non-work activities, they are no longer minimal.
Approved June 2003
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Effective July 1, 2002
It is permissible for faculty and staff to make personal use of COT equipment on a limited basis. Large scale printing and faxing is prohibited. The cost of sending personal faxes or using COT printers for personal purposes must be reimbursed to the College at the rate of $1.00 per page .
E-mail should not be used for personal purposes.
Reimbursement for printing and faxes should be paid to the Business Office at the time a personal fax is sent.
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Interactions between the faculty and students at MSU-Great Falls College of Technology are guided by mutual trust, confidence, and professional ethics. An inherent power differential exists between faculty members and students; as a result, faculty-student interactions that go beyond their professional connection carry risks of conflict of interest, breach of trust, abuse of power, and breach of professional ethics.
Faculty members shall not engage in romantic, sexual, or exploitive relationships with students whenever a faculty member has a professional "position of authority" with respect to the student in such matters as teaching a course or in otherwise evaluating, supervising, or advising a student as part of a school program. Should such a relationship develop, or appear likely to develop, while the faculty member is in a position of authority, the faculty member and/or the student shall terminate the position of authority. Even when the faculty member has no professional responsibility for a student, the faculty member should be sensitive to the perceptions of other students that a student who has a consensual relationship with a faculty member may receive preferential treatment from the faculty member or the faculty member's colleagues.
Failure to comply with this policy will subject the faculty member to disciplinary action up to and including dismissal. This policy applies also to other College employees who have a supervisory or advisory responsibility for students.
There are exceptional circumstances in which a student at the College is a spouse, partner or other individual with a previously established close person tie to a faculty member or other employee with a supervisory/advisory responsibility. This policy does not apply in such circumstances, but the circumstance should be disclosed to the Dean of the College as soon as the employee is aware of the close relation's enrollment. The Dean of the College is the administrative officer who determines whether an exceptional circumstance exists and, if so, the extent to which it governs employee conduct.
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Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of gender, and sexual harassment is a form of gender-based discrimination. Montana State University-Great Falls College of Technology prohibits and will not tolerate sexual harassment on its premises, within any of its programs, services or other College-sponsored activities, or by anyone acting as an agent of the College.
MSU-Great Falls College of Technology uses the definition of sexual harassment set forth by the U.S. Equal Employment Opportunity Commission which states:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.
The College extends these protections beyond its employees to include its students, other consumers, and members of the general public who come into contact with the College or its agents.
Anyone who believes they are experiencing sexual harassment should immediately contact the College's Equal Employment Opportunity/Affirmative Action Officer, Jill Davis, to discuss options for resolving the issue. Individuals are generally encouraged to attempt to resolve the issue informally by discussing their concerns with the alleged harasser, his or her supervisor, or both. However, the College recognizes that sexual harassment is a sensitive and potentially volatile issue, and if it is not feasible for the harassed individual to follow this recommended procedure, the EEO/AA Officer should be contacted initially to begin an investigation. All complaints will be handled with discretion and information provided in the initial complaint and during the course of the investigation will remain as confidential as possible. The identity of both the complainant and the alleged harasser will be protected.
Sexual harassment complaints must be received within 180 days of the alleged act(s), with the possibility of extending that deadline to 365 days with extenuating circumstances. The EEO/AA Office will generally begin with an informal investigation to determine validity of the charge and seek satisfactory resolution. In extreme or potentially dangerous circumstances, the EEO/AA Officer will authorize an immediate formal investigation, and may recommend that the alleged offender be suspended from duties with pay and/or barred from the premises pending the findings of the investigation.
The EEO/AA Office will complete its investigation within 15 working days of the receipt of the complaint, unless circumstances beyond the control of the Office prevent such a timely completion. In that case, the EEO/AA Officer will request an extension of up to 15 working days to complete the investigation.
Upon completion of the investigation, the EEO/AA Officer will complete a Report of Findings and submit it to the Dean within 10 working days of receipt of the Investigation Report. When circumstances prevent completion within that timeframe, the EEO/AA Officer may request an extension of up to 10 working days for completion.
Any individual found to be guilty of violating the College's sexual harassment policy will be subject to discipline commensurate with the nature of the offense. Disciplinary action up to and including termination (or dismissal in the case of a student, termination of a contract in the case of a contractual relationship, or restricted access to the College in the case of a member of the general public) may be implemented.
Individuals who submit complaints and/or participate in the investigation process are protected from retaliation due to their participation. Anyone engaging in retaliatory behavior will be in violation of the College's sexual harassment policy, and therefore subject to appropriate disciplinary action as outlined above.
MSU- Great Falls is committed to providing and ensuring a safe, positive learning environment that is free from harassment.
Adopted September 2003
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The MSU-Great Falls College of Technology Employee Handbook expressly provides for a safe and secure campus environment. Endangering this environment and violation of the policy guaranteeing a safe and secure campus may result in disciplinary action. These procedures explain how the disciplinary action will be determined.
Threats made against MSU-Great Falls College of Technology students, faculty, staff or administration, even in jest, will not be tolerated. In every case of a threat, the person who hears the remark should report it immediately to the Dean. The Dean, or her designee, will determine which of the following levels apply to the situation and take the described action. Whenever a threat is documented, action will be taken.
If the threat is made by a person not associated with the College in any way, the Great Falls Police Department will be notified immediately, a police report will be filed and the police will be advised that the person is to be told not to return to campus. If threats are repeated, a court-ordered restraining order will be pursued by the College of Technology .
If the person making the threat is an employee of the College of Technology (i.e., staff, faculty, adjunct faculty, or administrator) the following disciplinary steps will be invoked:
Approved by COT Leadership 09/05/2003
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The catalog of MSU-Great Falls College of Technology expressly provides for a safe and secure campus environment. Endangering this environment and violation of the policy guaranteeing a safe and secure campus may result in disciplinary action. These procedures explain how the disciplinary action will be determined.
Threats made against MSU-Great Falls College of Technology students, faculty, staff or administration, even in jest, will not be tolerated. In every case of a threat, the person who hears the remark should report it immediately to the Dean. The Dean, or designee, will determine which of the following levels apply to the situation and take the described action. Whenever a threat is documented, action will be taken.
If the threat is made by a person not currently associated with the College in any way, the Great Falls Police Department will be notified immediately, a police report will be filed and the police will be advised that the person is to be told not to return to campus.
If the person making the threat is currently a student the following disciplinary steps will be invoked:
Approved by COT Leadership 9/5/2003
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The Risk Management and Tort Defense Division of the Department of Administration recently adopted the attached State of Montana Vehicle Use Policy (also found in the Administrative Rules of Montana, ARM 2.6.201 through 2.6.214 and on line at http://www.discoveringmontana.com/doa/rmtd/css/01 aboutrmtd/statutes.asp). This state policy and administrative rules became effective on October 12, 2001. The State of Montana Vehicle Use Policy defines acceptable uses for state-owned or leased motor pool vehicles.
Please read the attached State of Montana Vehicle Use Policy and Vehicle Use Form. Once you have read the policy and form, please sign and date the Vehicle Use Form enclosed with this memorandum. You must then return the signed Vehicle Use Form to the MSU-GF Controller. These forms will be kept on file in the Business Office.
If you have questions about the Vehicle Use Policy or Vehicle Use Form, please discuss them with the MSU-GF Controller.
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Any exception to the authorized drivers and uses requires the prior written approval of the risk management and tort defense division.
Definition of "points" against a driving license from 61-11-203 MCA
15 points: deliberate homicide resulting from the operation of a motor vehicle.
12 points: mitigated deliberate homicide, negligent homicide resulting from operation of a motor vehicle, or negligent vehicular assault; OR any offense punishable as a felony under the motor vehicle laws of Montana or any felony in the commission of which a motor vehicle is used.
10 points: driving while under the influence of intoxicating liquor or narcotics or drugs of any kind or operation of a motor vehicle by a person with alcohol concentration of 0.10 or more.
8 points: failure of the driver of a motor vehicle involved in an accident resulting in death or injury to any person to stop at the scene of the accident and give the required information and assistance.
6 points: operating a motor vehicle while the license to do so has been suspended or revoked.
5 points: reckless driving, OR illegal drag racing or engaging in a speed contest in violation of the law, OR any of the mandatory motor vehicle liability protection offenses.
4 points: willful failure of the driver involved in an accident resulting in property damage of $250 to stop at the scene of the accident and give the required information or failure to otherwise report an accident in violation of the law.
3 points: speeding, except as provided in 61-8-725 MCA, "A violation of a speed limit imposed pursuant to 61-8-303 is not a criminal offense within the meaning of 3-1-317 , 45-2-101 , 46-18-236 , 61-8-104 , and 61-8-711 and may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of a speed limit against the insured or increase premiums because of the violation if the speed limit is exceeded by no more than: 10 miles an hour during the daytime; or 5 miles an hour during the nighttime."
2 points: operating a motor vehicle without a license to do so, (this does not apply to operating a motor vehicle within a period of 180 days from the date the license expired); OR all other moving violations.
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(1) The following rules define acceptable uses for state-owned or leased motor pool vehicles as provided in 2-17-424, MCA. State employees or authorized individuals may be subject to additional guidelines, policies, insurance coverage exclusions, or regulations for vehicle/equipment fleet operations, provided that they do not conflict with these rules.
(2) Drivers and passengers must use installed seat belts at all times. (History: 2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)
(1) "State" as defined in 2-9-101, MCA.
(2) "State employee" as defined in 2-9-101, MCA.
(3) "State vehicle" means a motor vehicle, semi-trailer, snowplow, or other vehicle designed for travel on public roads that is subject to motor vehicle registration, including any machinery or apparatus attached to the vehicle. The term includes the following:
(a) a "leased vehicle" obtained by the state through an open-ended lease or lease with an option to buy contract;
(b) a "loaned vehicle" provided to the state as a gratuity;
(c) an "owned vehicle" to which the state has title; and
(d) a "rented vehicle" rented by the state for a fee, typically for short-term use in Montana or for out-of-state travel. (History: 2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)
(1) Except as otherwise provided in this rule, the following individuals may operate a state vehicle if the driver possesses a valid driver's license appropriate to the type of vehicle to be driven, meets driver requirements set out in ARM 2.6.205, and the uses are as provided below:
(a) a state employee to conduct business on behalf of the state;
(b) a state employee in travel status to obtain food and lodging and to respond to medical emergency situations;
(c) a state employee required to conduct state business to obtain items needed while in travel status;
(d) a state employee may park a state vehicle overnight at the employee's residence if the employee must begin travel the next day or if the employee is subject to emergency response, on-call, or other off-shift duty associated with state employment;
(e) a state employee required to stay overnight at a location other than the employee's established work location during nonwork time to drive to a cultural, recreational, or leisure activity or to conduct other personal business, if the activity is within 30 miles of the employee's lodging;
(f) a non-state employee enrolled and registered as a student at a university of the state to conduct university business;
(g) a non-state employee to aid or assist a disabled state employee if the aide has completed the risk management and tort defense division's (RMTD) vehicle use agreement and obtained authorization from the agency head or designee prior to the use;
(h) a non-state employee to assist a state employee or other individual during a medical emergency for transportation and related purposes. Prior approval is not required;
(i) a non-state employee who is an independent contractor or an employee of a temporary employment agency contracting with the state with prior approval from the agency head when a state employee is not available to operate the vehicle. The contractor must complete the RMTD's vehicle use agreement. The agreement must be signed by the agency head and presented to the motor pool or affected state agency prior to the use; and
(j) a non-state employee accompanying a state employee on official state business where the state employee becomes ill, fatigued, or is otherwise rendered physically or mentally incapable of driving and/or a compelling state interest is served by allowing the non-state employee to drive. Prior approval is not required.
(2) Any exception to the authorized drivers and uses requires the prior written approval of the risk management and tort defense division. (History: 2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)
(1) Except as otherwise provided in this rule, the following individuals may ride as passengers in a state vehicle:
(a) a state employee conducting business on behalf of the state; or
(b) a non-state employee who is:
(i) an independent contractor conducting business on behalf of the state;
(ii) an aide rendering assistance to a disabled state employee;
(iii) a guest or client of the state, including a public employee, if conducting, participating in, or providing a benefit to the conduct of state business;
(iv) rendering assistance during an emergency situation; or
(v) a nursing infant if the parent is an authorized driver or passenger.
(2) Any exception to the authorized passengers and uses requires the prior written approval of the risk management and tort defense division. (History: 2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)
(1) Non-probationary employees required to drive as part of their job who have accumulated 12 or more conviction points according to the schedule specified in 61-11-203, MCA, over the most recent 36 months may not drive a state vehicle or personal vehicle for state business until having successfully completed a certified safe driver course approved by the RMTD and received authorization to drive from their agency head and RMTD. State employee drivers who have accumulated 15 or more conviction points according to the schedule specified in 61-11-203, MCA, may not drive a state vehicle or a personal vehicle for state business until the accumulated point total is less than 12 within the past 36 months.
(2) Non-probationary employees who have accumulated 18 or more points in the immediately preceding 36 months may not drive a state vehicle or a personal vehicle for state business until two years have passed during which they have not accumulated any conviction points according to the schedule specified in 61-11-203, MCA, have successfully completed a certified safe driver course approved by RMTD, and received authorization to drive from their agency head and RMTD.
(3) A state employee required to drive as part of the employee's job shall report any single driving infraction of five or more conviction points according to the schedule in 61-11-203, MCA, accumulated while driving a state vehicle or a personal vehicle for state business to the employee's supervisor within 10 days of conviction.
(4) A state employee required to drive as part of the employee's job shall report an accumulation of conviction points of 12 or more according to the schedule in 61-11-203, MCA, for the past 36 months immediately preceding the infraction, whether accumulated while driving a state vehicle, a personal vehicle for state business or accumulated while driving a motor vehicle for any purpose within 10 days of the accumulation of 12 or more points to the employee's supervisor.
(5) Authorized drivers are responsible for promptly paying all penalties following the court procedures established for contesting citations.
(6) The above requirements also apply to those individuals authorized to drive under the conditions listed in ARM 2.6.205.
(7) The requirements specified in this rule apply to conviction points received after October 12, 2001.
(8) An agency has the authority to restrict employees otherwise authorized as drivers from using state vehicles when it knows they are unsafe drivers from means other than the accumulation of conviction points. (History: 2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)
Rules 06 through 08 reserved
(1) No person under the influence of alcohol, illegal drugs, or improperly used prescription drugs may drive a vehicle for state business.
(2) No person may drive a vehicle for state business under the influence of any legally prescribed drug if that drug affects the person's ability to safely operate the vehicle.
(3) No person may have an alcoholic beverage container in the passenger compartment of a state-owned, leased, or loaned vehicle. (History: 2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)
(1) State employees shall drive in a careful and prudent manner so as not to unduly or unreasonably endanger the life, limb, property, or rights of a person entitled to use a street or highway.
(2) State employees are strongly encouraged not to use handheld cell phones or other handheld electronic communications devices or objects while operating state vehicles or personal vehicles on state business. Exceptions to this rule are law enforcement and emergency response personnel. (History: 2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)
Rules 11 through 13 reserved
The Following is 2-225
(1) Failure to comply with the requirements of these rules may result in disciplinary action, including suspension or termination. Any supervisor who becomes aware of any violation of these rules by an employee they supervise shall take appropriate disciplinary action, according to the state discipline policy set forth in ARM 2.21.6501 through 2.21.6509, 2.21.6515, and 2.21.6522. (History: 2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)
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