Frequently Asked Questions:

May I receive extra compensation for services performed outside my normal working hours for Georgia Tech affiliates that are separate 501(c)(3) organizations, such as the Athletic Association?
Yes, faculty and staff may work outside their normal working hours for Georgia Tech affiliates such as the Athletic Association and receive compensation for those services. This type of compensation is generally considered a type of “moonlighting”, is allowable, and would not count towards the 30% threshold.

Are there exceptions to the three criteria above with regards to qualifying for extra compensation?
There are a few situations where extra compensation is allowable even though the three criteria above have not been met. For example, some academic programs are allowed to pay faculty for instruction even though the faculty member may be performing the additional duties for their department. Examples include the Executive MBA, Evening MBA, GTPE Professional Master’s, and the Online Master’s Science – Computer Science. In these cases, the program has received approval from an authoritative body for extra compensation, the work is carried out in addition to a normal full load, the program generates sufficient tuition/fees in direct support making it self-sufficient and the additional duties are not so heavy to interfere with an individual’s regular duties.

Can I perform work for another Georgia Tech department and receive extra compensation if the funding source is a non-Georgia Tech funding source, such as the Georgia Tech Foundation?
Only if the three criteria mentioned above are met. The funding source is not typically a determining factor on whether extra compensation is allowable.

Do retirees classified as “Retired but Working” qualify for extra compensation?
Pay rates for Retired but Working (RBW) employees should be established and approved based on specific duties to be performed during the stated period. For this reason, RBW employees are not eligible for extra compensation. For additional information about RBW reemployment, please visit the Retirees reference data on the GTHR website at: http://ohr.gatech.edu/employment/hiringtalent/retirees

Compensation Administration Responsibilities

The Research Faculty Employment unit of the Office of Human Resources (OHR) will be responsible for:

1. Developing and administering compensation policy and procedures applicable to research faculty personnel.
2. Monitoring and reporting on external markets relative to internal compensation practices.
3. Reviewing pay related transactions for research faculty personnel to ensure consistency with published policy.
4. Researching and analyzing published compensation survey data to ensure that proposed salary offers to candidates for open research positions as well as the pay practices for current research faculty are reasonable.

Starting Pay Rates

Education and Job Related Direct Experience
Each open research faculty position is posted with specific requirements for level of education and the number of years of direct job related experience.

Assessment of an individual's qualifications begins with a review of the resume and application to determine the appropriateness of the proposed title and to determine if job qualifications are met.

The results of an assessment of an individual's education, skills and experience as well as job responsibilities ultimately determine the pay rate that will be offered upon employment.

Hiring Range
In determining the appropriateness of a salary offer, data from the most recent Watson Wyatt Survey Reports is referenced. These reports cover professional, middle and top management compensation paid in various markets., The data is compared to the proposed candidate’s degree level, degree major, and years since first degree, experience, knowledge, and responsibilities of the position being filled.

Starting pay rates for new employees as well as those being promoted to a new position are normally set between the 25th percentile, and 75th percentile of survey data reported based on that individual employee’s credentials. The positioning within that range is dependent upon the amount of directly related job experience beyond the basic job requirements that the incumbent brings to the job, as well as market demand for that individual's expertise and credentials.

Processing Offer Rates

A candidate's proposed offer rate will be included in the hiring package when it is forwarded by the hiring department/HR Representative to OHR. The offer rate will be reviewed by OHR – Research Faculty Employment. This review will determine whether the offer is within the hiring range as defined in this policy and appropriate to the candidate’s education and experience or if it exceeds those guidelines.

If OHR – Research Faculty Employment determines that the offer rate is within the guidelines, the hiring package is routed to the Vice Provost for Research and Dean of Graduate Studies for approval. If not, the hiring package is forwarded to OHR - Compensation for further review.

OHR – Compensation will conduct an analysis of the offer relative to guidelines and special circumstances, usually including a discussion with the hiring department. OHR - Compensation will then document the analysis and forward to OHR – Research Faculty Employment with recommendation for approval or disapproval.

OHR – Research Faculty Employment notifies the hiring department that either an exception is in order or that there appears to be no justification for the rate exceeding guidelines. Any appeals from the hiring department are routed to the Associate Vice President - Human Resources for disposition with the department and the Vice President for Research and Dean of Graduate Studies.

Offers should not be extended until all required approvals have been obtained. Every effort will be taken to ensure the review process occurs in a timely manner.

Monitoring Competitiveness

Participating in and analyzing the results of compensation surveys is the primary means of monitoring the competitiveness of pay rates for research faculty personnel. Through this process, pay rates of research faculty personnel are systematically compared to appropriate external markets on an annual basis. The purpose of these comparisons is to ensure that the Institute’s pay practice is maintained at competitive levels and where this is determined not to be the case, to take corrective action as appropriate.

Job Mapping
Compensation comparisons are accomplished through a process of job mapping. Research faculty employees whose job assignments in terms of discipline, educational level, work experience and work assignment are similar to or essential the same as those contained in external survey organizational models and job descriptions are matched up or mapped. This process can apply to several research faculty personnel being mapped to a single survey job description or an single employee’s job duties mapped to a single survey job description.

Compensation Comparison
As these matches are made, the pay rates of Institute research personnel are compared to the median of the survey job match within an appropriate market and differences noted. In this process, care is taken to ensure, to the extent possible, the appropriateness of the market to which comparison is made. Given that the source for attracting new and experienced research personnel may cover multiple geographic areas and organizational types, the national market for all survey participants is generally referenced for comparison purposes. Additionally, the compensation comparison process may include supplemental analyses related to additional cash compensation and benefits values associated with research personnel relative to comparable external market data. The results of the comparison process is summarized in tabular and report form and incorporated in the written report on Institute compensation referenced in Section 4.2 – Compensation Program Review and Approval.

Pay Adjustments

Promotions
A promotion normally occurs during the annual research faculty peer reviewed promotion process. The annual promotion process is scheduled in conjunction with the beginning of the fiscal year (July 1). In any case, an established set of hiring or promotion criteria determines the research faculty title category, i.e., research engineer/scientist/technologist/associate, and level, i.e., I/II/Senior/Principal, to which the faculty member may be elevated.

Merit Adjustments
A merit adjustment may occur as a result of the demonstration of performance relative to job expectations as determined through an annual evaluation. The merit adjustment funding is a result of the actions of the General Assembly and Board of Regents of the University System of Georgia. Merit adjustments are awarded on an annual basis following legislative and Board of Regents approval. There are no strict guidelines regarding the amount of merit increase that should be associated with a given level of performance. However, it is strongly encouraged that significant differences in performance should yield significant differences in reward.

Lateral Transfers
A lateral transfer occurs when an employee is moved to a research faculty position with the same level as the one previously assigned. The reasons for such action are: 1) a simple transfer from one position to another of the same level, particularly when funding ceases to exist in the position previously assigned, 2) the employee has bid for a research faculty position of the same level they currently occupy but in a different department 3) placement in a temporary assignment. Any requests for lateral pay adjustments should be referred to the Office of Human Resources prior to completing a PSF.
Normally pay adjustments are not made as a result of a lateral transfer. Only in cases of extenuating circumstances will an adjustment be considered.
Other Pay Adjustments
Other pay adjustments include those for market equity, increased responsibilities and interim assignments. Requests for these type adjustments should be made in memo form to the Office of Human Resources and include an explanation of why the adjustment is necessary and, in the case of market equity, comparable survey titles matching the position in question.

Processing Pay Adjustments

Processing Pay Adjustments (other than annual merit)
Pay adjustments other than merit adjustments include transfers to interim positions, market adjustments, or acceptance of additional responsibilities and duties, etc.

For these pay adjustments a Personal Services Form (PSF) and justification letter should be completed by the individual's supervisor, approved by appropriate unit management and routed to OHR – Research Faculty Employment.

OHR- Research Faculty Employment will conduct an analysis of the requested adjustment relative to job responsibilities, market and internal equity and may require review by OHR – Compensation. Approval is then sought from the Office of the President, notification sent to the Board of Regents and forwarded to Payroll for processing.

For pay adjustments that do not appear to be supported by market survey data, OHR- Research Faculty Employment or Compensation will contact the unit's Human Resources Representative and discuss the proposed adjustment. This will take in to account not only the market data but also the individual’s credentials and experience. Adjustments that can not be resolved at this stage require final resolution by the Associate Vice President of Human Resources and if necessary, the Vice-Provost for Research as designee for the President.

Pay adjustments are not to be discussed with the employee until all necessary approvals are obtained.

Processing Pay Adjustments (annual merit)
Annual merit adjustments are not processed using the PSF. The Budget Office is responsible for gathering, monitoring and routing documentation associated with these adjustments to Payroll.

Communicating Annual Merit Pay Adjustments

The supervisor should notify the employee in writing that the adjustment is forthcoming. This should occur no later than the effective date of the increase. A copy of the memo should be sent to OHR-Records for inclusion in the employee's personnel file.

1. If sufficient funds are available, the employee taxes may be paid in addition to the dollar amount awarded to the employee.

   Example:
   Employee Award to be paid (Net)	$1,000.00
   Employee Taxes (Fed 25% + State 2% + FICA 7.65%)	$ 530.22
   Employer Tax (FICA 7.65%)	$ 117.06
   Total Expense ($1,530.22 EE + 117.06 ER)	$1,647.28

2. If the employee will be responsible for paying the taxes:

**Note: If the employee has reached their social security annual maximum, there will only be 1.45% medicare tax charged.

All recipients (employee, student employee, and non-employee) should be submitted on the Awards and Prizes form. Forms may be obtained on line http://www.ohr.gatech.edu/; under Payroll (https://techworks.psguest.gatech.edu:5963/psp/paprodg/EMPLOYEE/EMPL/e). The Payroll Department will verify the employment status. If a recipient is not an employee, the initiating department will be notified to pay the recipient through AP. Prizes for non-employee recipients should be submitted on AP check request form.

Forms

A copy of the Awards and Prizes form is available as a reference for the following instructions. This sample form has numbers written on it which correspond to the numbers in the instructions below.

Instructions for completion of the Awards and Prizes form:

1. Enter the name of the award/prize event.
2. Enter the name and phone number of the award coordinator.
3. The form must be signed and dated by an authorized department administrator.
4. Enter the award/prize presentation date.
5. Enter the name and phone number of the person responsible for check pick-up.
6. Enter the date needed and if it is to be a check or deposited with their next payroll.
7. Check the “Gross Up” box if the department wishes to absorb recipient’s taxes (approx. 34.65%)
8. Enter the name of the award/prize recipient.
9. Enter the recipient GT ID and Employee ID.
10. List the purpose of the award/prize.
11. Enter the $$$ amount of award payment
12. Enter the estimated department’s total expense of the award including any employer portion of the FICA (7.65%), and the employeeportion of taxes if the department is willing to pay for them. (Please refer to the gross-up examples above for calculation).
13. Enter GT peoplesoft project #/name. No State Fund is allowed.
14. Enter GTF/GTRC Project # (Funding Source).

The department should submit the form to Accounting Services for review if the funding source is Georgia Tech Foundation. If the funding source is Georgia Tech Research Corporation, the form should be approved by Grants and Contracts. After the form is approved, it will be forwarded to Payroll for check processing.

Payment to Employees for Personal Services

According to Common Law Rule:

"Every individual who performs services subject to the will and control of employer, both as to what shall be done and how it shall be done, is an employee for purposes of all federal payroll taxes. It does not matter that employer permits employee considerable discretion and freedom of action, so long as employer has legal right to control both method and result of the services."

Refer to the Accounts Payable Procedure Consulting - Attachment C to review the 20 factors developed by the Internal Revenue Service to aid in determining whether there is an employer-employee relationship. Students receiving Fellowships that require them to perform services should be aware that this income may be taxable.

To ensure compliance with the Fair Labor Standards Act, regulations of the Internal Revenue Service, and laws of the State of Georgia, Georgia Tech will purchase services from employees only through the payroll system. This arrangement precludes any type of contractual agreements with any University employee for payment of services other than through established payroll procedures.

Payment for personal services will be made on regularly scheduled pay dates only. State regulations prohibit advance payments.

Standard Workweek

The standard workweek for non-administrative classified employees at Georgia Tech is 40 hours, from 12:01 a.m. Sunday through 12:00 midnight on Saturday. If it is necessary for an employee's workweek to exceed 40 hours, the overtime must be pre-approved by the department head.

Overtime

Payment for Overtime

Any non-exempt classified employee of Georgia Tech (as defined by the Fair Labor Standards Act) who is required to work more than 40 hours during a workweek will be paid at one and one-half times his/her standard rate for all work in excess of 40 hours, unless compensatory time is authorized. If an employee is paid on more than one account and the combined hour for the workweek exceed 40, the total pay will be prorated to each account based on the percentage of time reported per account to total time reported each workweek.

Compensatory Time

The Board of Regents Personnel Policies Handbook, Section II--Classified Employment states:

"In lieu of payment for approved overtime work, compensatory time may be granted at the rate of one and one-half hour of compensatory time for each hour of overtime work. Approved compensatory time is subject to a maximum accumulation of sixty (60) hours and must be expended by the end of the succeeding calendar quarter."

Participation in research projects (Human Subjects)

Payments under $75 per participant will be considered de minimis and not reported on a W2, 1042S nor 1099 Misc. Participants must pass the Selection of Human Subjects criteria:

• Full or part time employee of the Institute,
• Full or part time undergraduate student,
• Full or part time graduate student, provided the graduate student’s funding department agrees that the student may participate in the research.
• Students who are on financial aid assistance,
• Non-Institute affiliated individuals.

All employees must be paid in only one pay group, either monthly or bi-weekly. For example: if a student is paid monthly and is hired into a concurrent job in a department that will pay them hourly on the bi-weekly payroll, the originating department will be notified by Payroll that the situation exists and the student will not be hired into the concurrent position until there is an agreement to make the student in one pay group, most likely hourly. When agreed upon, the Payroll Department will correct the PSF and process the transaction.

Monthly Payroll

Faculty, administrative personnel, salaried Graduate Assistants, Graduate Teaching Assistants, and Graduate Research Assistants, and employees exempt from coverage under the Fair Labor Standards Act (Wage and Hour Law) are paid on the monthly payroll.

Employees compensated on the monthly payroll are paid on the last workday or banking day of each month. If the last workday is an Institute or bank holiday, payment is made on the day before the holiday.

Payroll Calculations

• Full Month Compensation (other than those on an Academic Contract)

The amount of monthly compensation is equivalent to one-twelfth of the fiscal year annual salary.

• Partial Month Pay Calculation

The number of days worked in a month is divided by the total number of workdays to determine a percentage of compensation for that month. Partial pay is calculated by multiplying the monthly rate by the percentage of compensation.

• Vacation Pay Upon Termination

Terminating vacation pay is calculated by multiplying the daily rate by the total days of accrued vacation leave. The daily rate is computed by dividing the annual salary by 2,080 hours x 8. The maximum accrued leave that can be paid upon termination is 45 days.

• Academic Pay Cycle under the Semester System

Under Georgia Tech's semester system, individuals paid on the academic pay cycle receive 10 monthly payments during the regular academic year. The academic year salary is paid out over the 10 months of the academic contract year: 1/18 of academic year salary in August, 1/9 of academic year salary from September through April, and 1/18 of the academic year salary in May. In other words, the employee receives 1/2 of a months pay in May and August, and a full months pay the other 8 months. The summer session is handled separately during the four months from May through August, with the May and August summer salary payments being added to the employee's regular academic year monthly salary, if any. AMN, AMG, RWA will follow proration rule, effective 08/01/02.

While the above describes the general rule of pay for the academic pay cycle, other job events do have a bearing on a particular individual's pay: pay increases for the new Fiscal Year, terminations, retirements, and leave all affect pay. The following describes in detail the pay rules for August and May under Georgia Tech's semester pay system.

August Payment Rules

August Pay for 9-Month (Academic Cycle) Instructional and/or Research Faculty, Post Docs, and Graduate Students will be paid in compliance with the 10-payment plan described above. The August Pay will reflect the Last Payment for the Summer Session and First Payment for the Fall Semester. Payment rules that will be applied are:

9 MONTH FACULTY:

• Instructional and/or Research Faculty with hired in August will be paid 1/2 of their monthly rate.
• Instructional and/or Research Faculty that are terminating, retiring, or on leave without pay effective the 1st day of the fall semester will be paid only the Summer Pay entered into the Summer Pay Panel or via pay.ask. If no Summer Pay has been entered or submitted via pay.ask, these employees will not be paid.

GRADUATE STUDENTS PAID ON ACADEMIC PAY SCHEDULE:

• Graduate Students pay is prorated according to the number of days worked.

The formula to calculate partial pay for August is:

____ # Days worked divided by Total # work Days in August = ____

% days worked ____ % Days worked times ____ Monthly Rate of Pay = _____August Partial Pay

EX: Jamie Dollar's appointment date is effective 8/21/2006 and the monthly rate of pay is $1500.00. As a result, he will be paid 9 of 23 workdays in August.

9 divided by 23 = .313182 times $1500.00 = $586.96

Please forward all questions to pay.ask@business.gatech.edu

Bi-weekly Staff and Student Payroll

Employees, including students, covered under the Fair Labor Standards Act (FLSA) and hourly appointments for employees exempt from the FLSA are paid bi-weekly.

Hourly appointments of non-exempt staff assigned to a line budget position or a group budget position and hourly exempt staff are paid bi-weekly. Hourly appointments of Graduate Research Assistants, and Student Assistants also are paid bi-weekly. The annual salary is determined by multiplying the hourly rate x 2,080 hours. The gross amount of each check is determined by multiplying the hourly rate of pay by the number of hours reported on the bi-weekly time document.

Pay dates are normally 7 work days after the pay period ends. If the pay date falls on a holiday, including bank holidays, payment will be made on the preceding workday.

Guidelines

1. All awards are designed for individual’s whose contributions demonstrate a benefit to the Institute or unit operations.
2. All units shall have documented nomination/selection criteria for any award. If a unit chooses to have a selection committee, all members’ names should be documented.
3. Nominations for awards are open to any regular, temporary, or student employee of the sponsoring unit.
4. Nominations for all awards must be made to the designated official within each unit of the Institute.
5. All nominees must be in good standing (no current disciplinary action and a minimum of fully successful/meets requirement performance level) with the Institute.
6. All competitive awards must include a minimum of two (2)-qualified nominees. There may be up to three winners if there are multiple nominees or competitors. In no case will more than one half of the nominees be declared winners of awards.
7. The names of all winners of Awards will be submitted to the Director of Grants and Contracts.
8. All awards must comply with the State of Georgia and Board of Regents compensation policies.
9. No award may represent extra compensation or overtime payment to the employee.
10. All awards are subject to the appropriate federal, state and local taxes (see Employee Awards and Prizes).

In order to have flowers sent for an occasion mentioned above, the person/organization desiring such should contact the Georgia Tech Foundation, (404) 894-5072. The Foundation will order the flowers, with a card reading "From the President, Faculty, and Staff of the Georgia Institute of Technology," and pay for them from the flower fund.

Application
The STRAP online application may be accessed at: https://hr.gatech.edu/education-assistance. A complete application must be submitted before the published deadline date. Employees will be notified via e-mail of the approval or denial of their application.

Reimbursement
Within thirty (30) days following the completion of course work, submit a Workday expense. Instructions can be found on the STRAP website.  If there are any questions, please contact the Administrative Services Center (ASC) at (404) 385 - 1111 or submit a General HR Request at asc.gatech.edu.

An employee who registers and is confirmed for any training program must notify the Office of Organizational Development of a cancellation no later than 5 working days prior to the program. The registration fee will not be refunded or credited for any cancellation after that time. Substitution of employees is encouraged in lieu of a cancellation. If 3 or more employees from a department cancel the same class, there must be at least 10 working days notice. Without 10 working days notice, the department will be charged the full fee. Training fees are charged to the employee's department for expenses incurred in the program (note the exception below).

If a supervisor or department head will not approve attendance in a training program, an employee may pay the course fee by personal check. If the class is scheduled during the employee's normal working hours, the employee will need supervisory approval to take vacation leave.

Overview 
The policy is intended to explain the Impartial Board of Review and the appeal process when disputes cannot be resolved through normal administrative channels of the Institute.

According to the University System of Georgia's grievance policy, the following types of grievances are prohibited:

• Terminations or layoffs because of lack of work or elimination of position
• Investigations or decisions reached under the Institute's Harassment Policy
• Terminations that occurred during the six (6)-month provisional period
• Terminations due to a reorganization, program modification, or financial exigency (such employees may apply to the Board of Regents for review)
• The issue underlying the grievance is a charge of discrimination on the basis of race, sex, age, disability or religion (see the Equal Opportunity Complaint Policy for more details).
• The issues being grieved have been previously heard by an administrative panel at the institution.

Request for Hearing
The grievant must follow the steps listed in their letter of termination if they wish to file an appeal. Failure to do so will constitute a waiver of the grievant's right to appeal.

The first level of appeal will be to the manager of the person who signed the termination letter. The grievant shall submit their appeal in writing indicating specifically why they believe the decision to terminate was improper and should be reversed. The manager may also meet with the employee if they believe it would be beneficial in their review of the matter.

If the manager decides to uphold the termination, they will provide written notification of that decision to the grievant to include information on who to contact in the event they wish to appeal to the Impartial Board of Review.

Should the grievant allege any form of race, age, sex, color, national origin, sexual orientation, or disability discrimination as a basis for the grievance, the case will be immediately referred to an investigator within OWS for review. Upon written notification of a "no finding" disposition, OWS will automatically proceed with scheduling a hearing.

OWS will make every effort to schedule a hearing date within thirty (30) to forty-five (45) working days from the time that a grievant officially appeals to the IBR. Should extenuating circumstances exist for the grievant, s/he may submit a written request for the hearing to be scheduled beyond this period; however, no hearing for any reason will be scheduled later than sixty (60) working days from the time the grievant submits a written appeal. The grievant's failure to appear for a scheduled hearing will constitute a waiver of the right to appeal. A grievant shall not be harassed, intimidated, or otherwise penalized for filing an appeal.

Hearing Officer
OWS will provide the Hearing Officer with a copy of the grievant's hearing request and will notify both parties of the date, time, and place of the Hearing Officer's briefing and of the hearing.

IBR Board Member Selection
The Board will consist of three panel members selected from a standing committee of employees who will receive training on the hearing process. Members of the standing committee will serve a three year term. OHR will select the committee members to serve on the panel and will ensure that members of the committee who are in the same department as the grievant or may have a conflict of interest are not chosen as panel members for that case. Additionally, the grievant and management representative may object to any panel member who they believe, with reasonable cause, may be incapable of remaining impartial throughout the process. These concerns must be shared with the hearing officer prior to the hearing so that he/she can make a decision on the matter.

Witnesses and Evidence 
Evidence shall be limited to witness testimony and documentation that is directly relevant to the employment action in dispute.

The Board is not bound by the strict legal rules of evidence and may receive any evidence of probative value in order to determine the issues involved; however, every effort is made to obtain the most reliable evidence available. All substantive matters related to the admissibility of evidence or procedural matters are decided by the presiding Hearing Officer.

Witnesses for the IBR hearing must be current employees of Georgia Tech, regular or temporary, in good standing. Former employees, students, and others may submit a relevant affidavit subject to the approval of the Hearing Officer. The following groups of individuals may not serve as witnesses:

• Students
• Members of the staff of the Office of the President (direct and indirect reports)
• Members of the staff of OHR
• Members of the staff of the Office of Legal Affairs

The Hearing Officer may approve an exception to this rule if such witnesses are directly relevant to the issues raised by the grievance.

Witnesses shall not be harassed, intimidated, or otherwise penalized for appearing at a hearing. The grievant and management representatives must obtain their own witnesses. Witnesses may elect not to participate.

A list of witnesses and a copy of any documentation must be submitted to OWS at least one (1) week in advance of the hearing date or at the Hearing Officer's briefing of the parties, whichever is later. Copies of the documentation are required at the hearing. Both parties are expected to provide copies of any approved documentation they intend to use at the hearing.

Each party shall have the opportunity to present approved documentation or other evidence which they deem appropriate and relevant to the grievance.

Advisors
The grievant may have an advisor present at the hearing who can communicate only with the grievant during the hearing. The advisor must be a current Georgia Tech employee, regular or temporary in good standing. This advisor cannot be an attorney, a student, a member of the Office of the President, a member of the staff of OHR, or a member of the staff of the Office of Legal Affairs. Management ordinarily may not have an advisor during the hearing.

Attorneys 
The grievant cannot have an attorney present during the hearing unless the grievant is being charged with a crime. If the grievant receives approval to have an attorney present because of pending criminal charges, then Georgia Tech will also have a legal representative at the hearing.

Confidentiality
Public statements and publicity about the complaint shall be avoided and the confidentiality of the hearing shall be preserved to the greatest extent permitted by law.

Hearing Process
The parties involved will be required to attend a briefing no later than one (1) week prior to the hearing. The purpose of the briefing is to review the hearing protocol and answer any questions about the process. Failure to attend the briefing or any other scheduled meeting in support of the grievance process may result in immediate loss of appeal rights. The grievant may present any relevant evidence upon approval by the Hearing Officer, including up to three (3) witnesses. The committee may request any other evidence as well as interview any other employee at its discretion.

Report of the Board 
The Board's report shall be based on evidence brought forth at the hearing and all information in the grievant's official personnel file to the date of the incident or event which brought about the grievance. The grievant's entire personnel file will be available to the Board if requested. The Board, after considering all relevant evidence, will make a recommendation in the form of a written report. This report will be submitted to the President for the final Institute decision. The grievant will be informed of the final Institute decision in writing and advised of any further right to appeal.

Overview
The policy is intended to explain the appeal process for suspensions without pay.

According to the University System of Georgia's grievance policy, the following types of grievances are prohibited:

• Investigations or decisions reached under the Institute's Harassment Policy
• The issue underlying the grievance is a charge of discrimination on the basis of race, sex, age, disability or religion (see the Equal Opportunity Complaint Policy for more details).
• The issues being grieved have been previously heard by an administrative panel at the institution.

Request for Hearing
The grievant must first seek an acceptable administrative resolution in writing within five (5) working days of the incident through one administrative level above the level of the supervisor who took the original employment action. If a satisfactory resolution of the grievance is not achieved, the grievant, within five (5) working days of notification by next level management, may request an appeal. Georgia Tech has partnered with EthicsPoint, Inc. to provide an enterprise-wide solution by which members of the Georgia Tech community may make such requests. The request must be made by completing an online form or by calling 1.866.294.5565 and having a neutral third party from EthicsPoint, Inc. transcribe the information. After submitting the information, you can then upload the documented proof of the denial and other attachments. Failure to follow these steps will constitute a waiver of the grievant's right to appeal.

Mediation of the issue may be attempted by the Office of Performance and Talent Management (PTM) in order to resolve the dispute. If a resolution cannot be effected, PTM will move forward with the grievant's appeal.

Should the grievant allege any form of race, age, sex, color, national origin, sexual orientation, or disability discrimination as a basis for the grievance the case will be immediately referred to an investigator within PTM for review. Upon written notification of a "no finding" disposition, PTM will automatically proceed with scheduling a hearing.

PTM will make every effort to schedule a hearing date within thirty (30) to forty-five (45) working days from the time that a grievant officially appeals to their office. Should extenuating circumstances exist for the grievant, s/he may submit a written request for the hearing to be scheduled beyond this period; however, no hearing for any reason will be scheduled later than sixty (60) working days from the time the grievant submits a written appeal to PTM. The grievant's failure to appear for a scheduled hearing within that time constitutes a waiver of the right to appeal. A grievant shall not be harassed, intimidated, or otherwise penalized for utilization of the appeal process.

Hearing Committee Selection
Hearing committee members are selected to hear only a single grievance. The committee will consist only of classified employees with at least six (6) months of service. The following employees may not serve on the committee:

• Members of the Office of the President (including both direct and indirect reports)
• Members of the staff of OHR
• Members of the staff of the Office of Legal Affairs
• Managers/Human Resources Representatives in the grievant's unit who may have a conflict of interest

The committee is composed of three (3) Georgia Tech employees. Two (2) employees are selected by PTM from a random computer generated pool of employees, similar in classification to the grievant. One (1) Human Resources Representative (HRR) is also selected by PTM. The HRR will serve as the Hearing Officer for the assigned case.

The Associate Vice President of Human Resources (AVP-OHR) will notify, in writing, the committee members who have been selected to serve and provide the hearing date, time, and place. Committee members may be excused from serving only if their request is sent to the PTM from the employee or the employee's supervisor and it is accompanied by a written statement of necessity of a bona fide illness or personal hardship.

Witnesses and Evidence
Evidence shall be limited to witness testimony and documentation that is directly relevant to the employment action in dispute.

The committee is not bound by the strict legal rules of evidence and may receive any evidence of probative value in order to determine the issues involved; however, every effort is made to obtain the most reliable evidence available. All substantive matters related to the admissibility of evidence or procedural matters are decided by the presiding Hearing Officer.

Witnesses for the hearing must be current employees of Georgia Tech, regular or temporary in good standing. Former employees, students, and others may submit a relevant affidavit subject to the approval of the Hearing Officer. The following groups of individuals may not serve as witnesses:

• Students
• Members of the staff of the Office of the President (direct and indirect reports)
• Members of the staff of OHR
• Members of the staff of the Office of Legal Affairs

The Hearing Officer may approve an exception to this rule if such witnesses are directly relevant to the issues raised by the grievance. Witnesses shall not be harassed, intimidated, or otherwise penalized for appearing at a hearing. The grievant and management representatives must obtain their own witnesses. Witnesses may elect not to participate.

A list of witnesses and a copy of any documentation must be submitted to PTM at least one (1) week in advance of the hearing date or at the Hearing Officer's briefing of the parties, whichever is later. Copies of the documentation are required at the hearing. Both parties are expected to provide copies of any approved documentation they intend to use at the hearing.

Advisors
The grievant may have an advisor present at the hearing who can communicate only with the grievant during the hearing. The advisor must be a current Georgia Tech employee, regular or temporary in good standing. This advisor cannot be an attorney, a student, a member of the Office of the President, a member of the staff of OHR, or a member of the staff of the Office of Legal Affairs. Management ordinarily may not have an advisor during the hearing.

Attorneys
The grievant cannot have an attorney present during the hearing unless the grievant is being charged with a crime. If the grievant receives approval to have an attorney present because of pending criminal charges, then Georgia Tech will also have a legal representative at the hearing.

Confidentiality
Public statements and publicity about the complaint shall be avoided and the confidentiality of the hearing shall be preserved to the greatest extent permitted by law.

Hearing Process
The parties involved will be required to attend a briefing no later than one (1) week prior to the hearing. The purpose of the briefing is to review the hearing protocol and answer any questions about the process. Failure to attend the briefing or any other scheduled meeting in support of the grievance process may result in immediate loss of appeal rights.

The grievant may present any relevant evidence upon approval by the Hearing Officer, including up to three (3) witnesses. The committee may request any other evidence, as well as interview any other employee, at its discretion.

Report of the Committee
The committee, after considering all relevant evidence, will make a recommendation in the form of a written report to the Chief Human Resources Officer for a final decision.

The committee's report shall be based on evidence brought forth at the hearing and all information in the grievant's official personnel file to the date of the incident or event which brought about the grievance. The grievant's entire personnel file will be available to the committee if requested.

The Chief Human Resources Officer will inform the grievant of the Institute decision in writing and advise the grievant of any further right to appeal.

Activities Not Considered "Consulting"

1. Publication
   Scholarly communications in the form of books, movies, television productions, art works, etc. though frequently earning financial profit for a non-faculty member and for another party (e.g., publisher), are not viewed as consultation.
2. Professional Service
   Service on national commissions, advisory bodies for governmental agencies and boards, granting agency peer review panels, visiting committees or advisory groups to other universities, and on analogous bodies is not considered to be Consulting. The fundamental distinction between these activities and consulting is that they are public or Institute service. Although participants may receive an honorarium or equivalent, these professional service activities are not undertaken for personal financial gain.
3. "Moonlighting"
   Employee may pursue a variety of endeavors for financial profit that are not directly related to the person’s field or discipline. These efforts are part of the non-faculty member's private life and do not come under Institute regulation for this consulting policy. Such endeavors may be pursued only after the primary commitment to the Institute has been fulfilled and upon prior approval from a Responsible Unit Official of the Institute.

Use of Georgia Institute of Technology Facilities
In competing for consulting, employees are not to take advantage of their access to Institute facilities. State law precludes Institute employees from using State facilities or property for personal gain or benefit. The facilities and services of the Institute may not be used in connection with compensated outside work, except in a purely incidental way. This is not envisioned to exclude contracts with the Institute for the use of facilities or services such as the Computer Center or the Library or other facilities for which cost centers have been established.

Consulting Services for Other State Offices
As a general rule employees of the Institute may not receive compensation for services performed for other state offices. [Official Code of Georgia 45-10-20]

Employees of one State agency may teach or work as consultants for another state agency provided the work falls within one of the following classifications and provided the conditions stated below are met.

Employees of one state agency may teach or work as consultants for another state agency if the transaction involves part-time employment by the state agency seeking consulting services of a chaplain, fireman, any person holding a doctorate or master's degree from an accredited college or university, a licensed physician, dentist, psychologist, registered nurse or a licensed practical nurse, or veterinarian.

The chief executive officer of the department or agency desiring to obtain the services of a person falling within the class of exceptions shall certify in writing the need for the services and shall set forth why the best interest of the state will be served by obtaining the part-time services of such a person in lieu of obtaining such services from a person not presently employed by the State.

The chief executive officer of the department or agency employing the person in the class of exceptions shall certify in writing that the person whose services are desired is available to perform such services, that the performances of such services will not detract nor have a detrimental effect on the performance of the person's employment, and, where appropriate, that the part-time employment of this person will be in the best interest of the State.

The two departments or agencies involved will then agree on the procedures under which the employee shall perform the additional services. The agreement shall specify the means of employment, whether as a part-time employee or as a consultant, the compensation, and other pertinent details and conditions of the employment relationship. The agreement may be terminated at any time by either of the parties to the agreement.

Prohibited Activities
No employee shall undertake any activity which constitutes a conflict of interest except as may be expressly approved and/or managed pursuant to the provisions of this policy.

It shall be unlawful for any full-time employee, for himself or herself, or on behalf of any business, or for any business in which such employee or member of his or her family has a substantial interest to transact any business with the agency by which such employee is employed; provided, however, that neither this section nor any other provision of law shall prevent full-time employees of the Board of Regents of the University System of Georgia from serving as members of governing boards of private, nonprofit, educational, athletic, or research related foundations and associations which are organized for the purpose of supporting institutions of higher education in this state and which in furtherance of this purpose may transact business with such institutions or with the Board of Regents of the University System of Georgia.

Except as expressly permitted by law, it shall be unlawful for any part-time employee, for himself or herself, or on behalf of any business, or for any business in which such employee or member of his or her family has a substantial interest to transact any business with the agency by which such employee is employed. See Official Code of Georgia Annotated Section 45-10-20 et seq.

Disclosure to the State of Georgia
Except as provided in subsection (b) of the Official Code of Georgia Annotated Section 45-10-26, any Public Official or Employee whether for himself or herself, or on behalf of any Business, or any Business in which such Public Official or Employee or any member of his Family has a Substantial Interest who transacts business with the state or any agency thereof, shall disclose such transactions. Such disclosure shall be submitted prior to January 31 each year to the Secretary of State on such forms as he or she shall prescribe and shall include an itemized list of the previous year's transactions with the dollar amount of each transaction reported and totaled. Such disclosure statements shall be public records. [Official Code of Georgia 45-10-26]

Disclosure to the Institute
Every employee of the Institute, including all who participate in outside professional activities and/or sponsored research must complete an annual disclosure using the online Conflict of Interest system. In answering the questions, if an employee has indicated an actual or potential conflict, the system will notify the COI Office for review. Employees must update their disclosures on an ongoing basis when circumstances change.

Disclosure to Sponsors
Any person involved in the design, conduct, or reporting of research (technical and financial) or educational activities proposed for funding by a sponsor must complete the Investigator Financial Interest In Research Report via the online Conflict of Interest System disclosing any potential or actual Significant or Substantial Financial interests of the employee (including those of the Employee’s Family). (See http://coi.research.gatech.edu/ for this system.) Disclosures should include, but is not limited to:

1. Performance or business transactions related to the sponsored activity;
2. Equity interests in or fees from either the sponsor of the research or a subcontractor;
3. Intellectual property rights.

Each such Disclosure needs to be updated via the online system by the employee during the life of any award, as new Significant or Substantial Financial Interests are recognized.

In completing a disclosure on the Conflict of Interest Online System, the employee is certifying to the following:

"In submitting this form I affirm that the above information is true to the best of my knowledge and I certify that I have read and understood the Conflict of Interest and Outside Professional Activity Policy as set forth in the Georgia Institute of Technology Faculty Handbook, that I have made all required disclosures, and that I will comply with any conditions or restrictions imposed by the Institute to manage, reduce or eliminate conflicts of interest."

In any proposal submitted to a potential sponsor, the Office of Sponsored Programs is responsible for certifying that the Institute has implemented a written and enforced conflict of interest policy that is consistent with the provisions of Grant Policy Manual Section 510 of the National Science Foundation, the National Institutes of Health Guide for Objectivity in Research and other applicable sponsor regulations. In submitting the proposal, the Office of Sponsored Programs certifies that to the best of their knowledge all financial disclosures required by such conflict of interest policy have been made and that all identified conflicts of interest will have been satisfactorily managed, reduced or eliminated prior to the Institute’s expenditure of any funds under the award, in accordance with the Institute’s Conflict of Interest and Outside Professional Activity Policy.

Disclosure to the Institutional Review Board
Investigators submitting protocols to the Institutional Review Board (IRB) for the use of human subjects in research or other activities shall disclose any and all Significant Financial Interests that may appear to affect the design, conduct or reporting of such research. It is imperative that Investigators fully disclose to the IRB an ownership interest in any Business proposing to test any drug, device or other technology with human subjects or any potential financial interest in such technology that the Investigators, or the Investigators Family might have. The IRB, in collaboration with the COI Office, shall conduct an independent review and may or may not impose restrictions, including denial of approval for the protocol, as it deems is in the best interest of the subjects and the Institute.

Disclosure to Students
Special care needs to be taken when dealing with students involved in research so that a potential or actual Conflict of Interest does not adversely affect their education, i.e. their ability to graduate or publish. Prior to retaining students on research projects that may involve a potential or actual Conflict of Interest, the Investigator and senior personnel will disclose to the student as well as to the COI Office and Responsible Unit Official, any interests in outside companies that may be perceived to benefit from the student’s research. Should a conflict of interest exist, the COI Office, the Responsible Unit Official, the conflicted Investigator, and the Conflict of Interest Review Committee, will design a conflict management plan to manage, reduce or eliminate the conflict prior to the student’s involvement in the project pursuant to the procedure provided for in Section 5.6.4.

Review of Financial Disclosures and Resolution of Conflicts of Interest
When a financial disclosure or report of a conflict of interest is made via the online Conflict of Interest module and forwarded to the COI Office, the COI Office reviews the disclosure per the COI Office Procedures.

Should an actual or apparent conflict of interest exist, the COI Office and the Conflict of Interest Review Committee will design a conflict management plan to manage, reduce or eliminate the conflict prior to the Institute's expenditure of any such funds.

In developing a management plan, the COI Office and the Conflict of Interest Review Committee will work with the conflicted employee and with the Responsible Unit Official and will consider the relationships between the employee and the Institute to ensure adequate conditions or restrictions are in place to manage, reduce or eliminate the conflict(s).

Such conditions may include, without limitation:

1. Public disclosure of significant financial interests;
2. Monitoring of research by independent reviewers;
3. Modification of the research plan;
4. Disqualification from participation in the portion of the sponsor funded research that would be affected by the Significant or Substantial Financial Interests;
5. Divestiture of Significant or Substantial Financial Interests; and/or
6. Severance of relationships that create actual or potential conflicts.

Conflict management plans and/or restrictions must be in writing and forwarded to the conflicted employee and the Responsible Unit Official(s). The COI Office and the Responsible Unit Officials will monitor compliance with the plan. A copy of the plan and relevant documentation will be maintained in the COI Office.

Upon recommendation by a Responsible Unit Official, the Conflict of Interest Review Committee may determine a) that imposing conditions or restrictions would be ineffective or b) that any potential negative impacts which may arise from a Significant or Substantial Financial Interest is outweighed by interests of scientific progress, technology transfer, or the public health and welfare. In such cases, the Responsible Unit Official and the Conflict of Interest Review Committee may recommend to the Provost that the Institute allow research to go forward provided that any conflict management plan includes ongoing monthly review by the Responsible Unit Official and the Conflict of Interest Review Committee.

Notwithstanding the foregoing, nothing herein shall permit the Institute to authorize an activity that is contrary to the laws of the State of Georgia, federal regulations, or other restrictions imposed by regulation or contract by research sponsors. Furthermore, no activity involving human subjects may be authorized that has not been approved by the Institutional Review Board which in compliance with 45CFR46 may, in its sole discretion, deny such approval.

Should the Responsible Representative of the Institution find that the Institute is unable to satisfactorily manage a conflict of interest prior to the Institute's expenditure of any such funds, the Responsible Representative of the Institution shall immediately notify the COI Office and the Office of Sponsored Programs.

All determinations made or actions taken by the COI Office, and/or the Conflict of Interest Review Committee shall be in writing and together with all financial disclosures made hereunder, be maintained until at least three years after the later of the termination or completion of the award to which they relate, or the resolution of any government action involving those records. If the Investigator is engaged in any research or other sponsored activity supported by the Department of Health and Human Services including but not limited to the National Institutes of Health, the Responsible Representative of the Institution shall forward this information to the sponsor in compliance with regulation.

Written management plans must be reviewed annually or upon a change in circumstances affecting the plan and appropriate disclosures should continue during the ongoing management of any conflict.

Conflict of Interest Training Requirements
Conflict of interest training is required for all Investigators before engaging in funded research and every four years thereafter.

Penalties
Any employee who violates this policy shall be subject to disciplinary action up to and including dismissal.

There are also sanctions under State law [Official Code of Georgia Section 45-10-28] as described in the following paragraphs.

Any appointed public official or employee who violates Official Code of Georgia Annotated Section 45-10-23 ("Full-time employees prohibited from transacting business with own state agency; exception to prohibition for Board of Regents employees"), Section 45-10-24 ("Part-time public officials with state-wide powers prohibited from transacting business with any state agency; part-time employees prohibited from transacting business with own state agency; exceptions to prohibitions"), or Section 45-10-26 ("Public officials and employees to file yearly disclosure statements concerning business transactions with state; statements to be public records") shall be subject to:

• Removal from office or employment;
• A civil fine not to exceed $10,000.00; and
• Restitution to the state of any pecuniary benefit received as a result of such violation.

Any business which violates Code Section 45-10-23, 45-10-24, or 45-10-26 shall be subject to:

• A civil fine not to exceed $10,000.00; and
• Restitution to the state of any pecuniary benefit received as a result of such violation.

Tax status and appropriate tax withholdings, including tax treaty determinations and implementations, will be determined and implemented by Georgia Tech Human Resources.

To view the Board of Regents Policy on Resignations addressing voluntary terminations, please visit: https://www.usg.edu/hr/assets/hr/hrap_manual/HRAP_Resignations_Employment.pdf

To view the Board of Regents Policy on Dismissals, Demotions or Suspensions addressing involuntary terminations, please visit: https://www.usg.edu/hr/assets/hr/hrap_manual/HRAP_Dismissal%2C_Demotions%2C_or_Suspensions_Employment.pdf

To view the Board of Regents Policy on Exit Questionnaires, please visit: https://www.usg.edu/hr/assets/hr/hrap_manual/HRAP_Exit_Questionnaires_Employment.pdf

For Georgia Tech Office of Human Resources Termination Procedures, please visit: https://hr.gatech.edu/boarding

All applicants for listed positions will be advised of Georgia Tech's commitment to a drug free workplace and that the position for which they are applying requires a pre-employment alcohol and drug test. In addition, applicants will be advised that if selected, they will be subject to random, reasonable suspicion, post accident, return to duty, and follow-up alcohol and drug testing.

Administration
Drug and alcohol testing shall be conducted in accordance with applicable federal law, regulations, and procedures. The Georgia Institute of Technology shall enter into such contracts as may be necessary to provide for testing and verification services. Such testing programs shall give due consideration to security of sample collection, chain of custody requirements, accuracy of testing and confidentiality of testing results.

Applicability
All safety sensitive employees and applicants shall be subject to drug and alcohol testing for evidence of use of illegal drugs and/or misuse of alcohol. Prior to being placed in a position subject to testing, an employee or applicant shall be notified of the requirement for such testing and of the consequences of a positive result or having refused testing.

Expense of Drug Testing
The expense of drug and alcohol testing shall be the responsibility of the employer; provided, however, if an employee or applicant request that a split sample be submitted for separate analysis, the cost of such analysis shall be the responsibility of the employee or applicant.

Types of Testing:
Pre-employment Applicants for safety sensitive positions and employees who have not previously performed safety sensitive duties shall be required to successfully complete drug and alcohol testing prior to performing safety sensitive duties.

An employee selected for drug and alcohol testing shall be considered as being on duty for all time necessary to undergo the testing process including such time, if any, as may be required for transportation to and from the same collection facility. An applicant shall not be considered as being on duty for any time necessary to undergo drug and alcohol testing.

Random All affected employees shall be subject to random drug and alcohol testing. The numbers of employees to be tested and the scheduling of employee selection shall be determined by the Office of Human Resources in accordance with applicable law and regulations.

Post-Accident All affected employees shall be subject to post-accident drug and alcohol testing.

Return-to-Duty Any affected employee who has been subject to alcohol testing and whose test result indicates that the employee has misused alcohol, shall undergo a return-to-duty test. Such test must indicate an alcohol concentration of less than 0.02 percent before the employee can be returned to safety sensitive duties.

Follow-Up Following a determination by a Substance Abuse Professional that an employee is in need of assistance in resolving problems associated with alcohol misuse, the appointing authority shall ensure that the employee is subject to unannounced follow-up alcohol testing. Follow-up testing shall be conducted only when the employee is scheduled to perform safety sensitive functions. Testing shall be conducted at least six (6) times in the first twelve (12) months following return to safety sensitive duty and may, upon the recommendation of the Substance Abuse Professional, be continued for up to sixty (60) months.

Reasonable Suspicion Any affected employee may be required to submit to drug and/or alcohol testing when their supervisor has reasonable suspicion to believe that the employee has used illegal drugs or has misused alcohol. The determination of reasonable suspicion shall be made by a supervisor or other official who is trained to make such determinations. Such training shall consist of one (1) hour of illegal drug training and one (1) hour of alcohol training which covers physical, behavioral, speech and performance indicators of probable illegal drug use or alcohol misuse. A written record, signed by the observing official, shall be made to document the observations. Alcohol testing may be conducted only when the employee is scheduled to perform safety sensitive duties.

Disciplinary Action
If an employee refuses testing or documentation from the Medical Review Officer indicates that an employee has used an illegal drug, the supervisor shall dismiss the employee. The notice of dismissal shall include the name, address and telephone number of at least one (1) Substance Abuse Professional or counseling and treatment program.

If an applicant refuses testing or documentation from the Medical Review Officer indicates that an applicant has used an illegal drug, the applicant shall not be permitted to report for duty and the offer of employment shall be withdrawn.

Alcohol Testing
If an employee refuses testing, the employee shall be dismissed.

If the results of an employee's alcohol confirmation test indicate an alcohol concentration of 0.02 percent or greater, the employee shall be immediately removed from safety sensitive duties. Any disciplinary or adverse action deemed appropriate by the supervisor may be imposed.

Random Testing
Random Sample Once each month, the Office of Human Resources shall select, at random, a sample of positions in the subject pool.

Notice of Selection The Office of Human Resources shall notify each employee, if any, that have been selected from the subject pool. The notice shall contain the effective date to be utilized for determining the commencement of testing.

Time Limits
Employees selected for random drug testing shall be notified of the selection by the supervisor. The supervisor shall specify a date and time by which each employee must report for testing. Such date and time shall be as soon as possible, but not later than two (2) business days following the date the employee is notified to report.

Employees selected for random alcohol testing shall be notified by the supervisor. The supervisor shall specify a date, time, and location to report for testing. The date and time must be during a workday on which the employee is scheduled to perform safety sensitive duties. The employee shall not be notified more than four (4) hours prior to the time of testing. In no case shall such testing be performed more than two (2) hours before or two (2) hours after the performance of the safety sensitive duties.

Employees on Leave
If an employee selected for drug or alcohol testing was on any form of paid or unpaid leave as of the date specified in the Notice of Selection and the incumbent returns to duty within thirty (30) calendar days of the effective date, the supervisor shall specify when the employee shall report for testing.

Post Accident Testing
Any employee performing safety sensitive duties who is involved in an on-the-job vehicular accident shall be required to undergo drug and alcohol testing as soon as possible following the accident. Such testing shall only be conducted if the employee is cited under state or local law with a moving violation or the accident involved the loss of human life.

If the accident involved the loss of human life, any employee present in the vehicle at the time of the accident shall be required to undergo drug and alcohol testing.

Under no circumstances shall an employee who may be subject to post-accident testing consume alcohol between the time of the accident and the administration of an alcohol test or until efforts to administer such test have been discontinued.

A drug test shall be administered as soon as possible following an accident, but not later than thirty-two (32) hours following an accident.

In any instance in which an employee is not tested within specified time limits, the supervisor shall prepare and maintain on file a record of the reasons the test was not promptly administered.

Alcohol Testing Results
Any employee whose test indicated an alcohol concentration of 0.02 percent or greater shall be given an alcohol confirmation test not less than fifteen (15) minutes nor more than twenty (20) minutes after the original test.

Any employee whose alcohol confirmation test indicated an alcohol concentration of 0.02 percent or greater shall be immediately removed from safety sensitive duties for a period of not less than twenty-four (24) hours.

Any employee whose alcohol confirmation test indicated an alcohol concentration of 0.04 percent or greater shall not be returned to safety sensitive duties until the employee has been evaluated by a Substance Abuse Professional and is able to provide documentation that the Substance Abuse Professional has certified that the employee is fit to return to duty.

Any employee whose alcohol confirmation test indicated an alcohol concentration of 0.02 percent or greater shall not be returned to safety sensitive duties until a subsequent test indicates an alcohol concentration of less than 0.02 percent.

Unsuitable Sample
If the testing laboratory and the Medical Review Officer determine that a urine sample is unsuitable for testing without legitimate medical explanation, the employee shall be directed to appear for retesting. Such retesting shall be conducted as an observed sample.

Rejected Sample
An employee whose sample is rejected by the testing laboratory or cancelled by the Medical Review Officer shall be directed to appear for retesting.

Insufficient Sample
If an employee, while at a collection facility, is unable to produce at least forty-five (45) milliliters of urine after following the procedures of the collection facility, the employee shall be directed to appear the next business day for retesting.

Positive Results From Testing
Any employee whose drug testing results indicate the use of illegal drugs shall be dismissed.

Confidentiality of Results
Results of drug testing shall be accessible only as is necessary to comply with state and federal laws.

Medical Review Officer - Drug Testing
Laboratory Reports
The testing laboratory shall forward the results of all drug testing to the Medical Review Officer who shall assure the security of such results.

Negative Results
The Medical Review Officer shall forward negative results of drug testing to the Office of Human Resources as soon as practical.

Positive Results
Laboratory reports indicating the presence of an illegal drug(s) shall be retained by the Medical Review Officer for five (5) years. Such information shall be confidential and shall only be available to the Medical Review Officer or designee and the affected employee. Positive laboratory reports shall be reviewed by the Medical Review Officer who shall make determination of legal or illegal usage.

Employee Contact Procedure
The Medical Review Officer or designee shall, upon receipt of a laboratory report indicating the presence of an illegal drug, attempt to contact the employee at the daytime or home phone number indicated on the drug testing form and shall attempt to establish a time at which a private discussion may be conducted regarding the results of the random drug testing.

If the employee expressly refuses to discuss with the Medical Review Officer the results of the random drug testing, declines the opportunity to provide an explanation of the results, or admits to the usage of an illegal drug(s), the Medical Review Officer, without further action or review, shall report to the Office of Human Resources that the results of the random drug testing indicate that the employee has used an illegal drug(s).

If the Medical Review Officer is, within two (2) business days of the initial attempt, unable to directly contact the employee, the Medical Review Officer or designee shall contact the Office of Human Resources, who shall contact the employee. The supervisor shall inform the employee that the employee must contact the Medical Review Officer by the end of the next business day, or the employee shall be considered to have refused to contact the Medical Review Officer and, to have used an illegal drug.

Reporting Determination of Illegal Drug Usage
If after appropriate review, the Medical Review Officer determines that the results of a random drug testing indicate that an employee has used an illegal drug, the Medical Review Officer shall, in writing, notify the Office of Human Resources. Such notification shall include the specific drug(s) the employee has been deemed to have illegally used.

Disqualification from Employment
Period of Disqualification
Applicant Any applicant who refuses drug or alcohol testing or whose testing results indicate the use of illegal drugs or the misuse of alcohol shall be disqualified from employment for a minimum of two years from the date of testing.

Employee Any employee whose employment is terminated due to refusing drug or alcohol testing or whose testing results indicate the use of illegal drugs, shall be disqualified from employment for a minimum of two years from the date of termination.

Positive Alcohol Or Drug Test Result
Employees who violate the alcohol misuse rules will be removed from safety sensitive duty, and be referred to a substance abuse professional for evaluation. Before being returned to a safety sensitive position, the employee must:

1. be evaluated by a substance abuse professional;
2. comply with any recommended treatment;
3. have a negative result on a return-to-duty alcohol test;
4. subject his/herself to unannounced follow up tests.

As with an alcohol misuse violation, an employee who has a positive test result will be removed from duty and be referred to a substance abuse professional for evaluation. The result is not considered positive until the Medical Review Officer has interviewed the employee and determined that the positive drug test resulted from the unauthorized use of a controlled substance. Before being returned to a safety sensitive position, an employee must:

1. be evaluated by a substance abuse professional;
2. comply with any recommended treatment;
3. have a negative result on a return-to-duty alcohol test;
4. subject his/herself to unannounced follow-up-drug tests.

The Institute will provide information on contacting substance abuse professionals, counseling and treatment programs. All employees who test positive for alcohol or drug misuse will be encouraged to fully participate in case management and treatment follow-up services available through the Faculty and Staff Assistance Program. Participation is a voluntary adjunct to, not a replacement of rehabilitation. The employee assistance counselor may act as the substance abuse professional, or the counselor may refer the employee to a substance abuse professional appropriate to the employee's insurance plan.

Positions to Be Tested
Positions to be tested

Testing
Fill out the Applicant's Disclosure and Consent Release of Information form.

An applicant who is offered employment in a position requiring a drug test shall, prior to commencing employment, submit to an established test for alcohol and/or illegal drugs.

Any applicant who declines an offer of employment for reasons not related to drug testing shall not be deemed to have refused drug testing.

Any applicant who expressly declines drug testing or engages in conduct that clearly obstructs the testing process shall be deemed to have refused drug testing.

Any applicant who fails to appear for drug testing after proper notification shall be deemed to have refused drug testing.

Any applicant who fails to provide adequate urine for testing without a valid medical reason shall be deemed to have refused testing.

Screening Results
Adulterated Sample: If the testing laboratory and the Medical Review Officer determine that the sample of an applicant has been adulterated, the applicant shall be deemed to have refused drug testing.

Rejected Sample: An applicant whose sample is rejected by the testing laboratory may, at the discretion of the Office of Human Resources, be directed to appear for retesting.

Unsuitable Sample: If the testing laboratory and the Medical Review Officer determine that the sample of an applicant is unsuitable for testing without legitimate medical explanation, the applicant may, at the discretion of the Office of Human Resources, be directed to appear for retesting. Such retesting shall be conducted as an observed sample.

Negative Results: An applicant whose results of drug testing do not indicate illegal drug usage may be considered as eligible for employment. Such negative results may be utilized by any other state employer for a period of thirty (30) calendar days after the date the test was administered.

Positive Results: An applicant whose results of drug testing indicate that the applicant has used an illegal drug(s) shall be disqualified from employment.

Non-Disclosure: The results of pre-employment drug testing shall remain confidential and shall not be a public record unless necessary for the administration of this rule or otherwise mandated by other state or federal law.

Laboratory Reports: The testing laboratory shall forward the results of all pre-employment drug tests to the Medical Review Officer who shall assure the security of such results.

Reporting Negative Results: The Medical Review Officer shall forward negative results of pre-employment drug tests to the Office of Human Resources as soon as practicable. The Office of Human Resources shall notify the appropriate personnel that the applicant is eligible for employment.

Reporting Positive Results: Laboratory reports indicating the presence of an illegal drug(s) shall be retained by the Medical Review Officer until a final determination is reached. Such information shall be confidential and shall only be available to the Medical Review Officer or designee and the affected applicant. Positive laboratory reports shall be reviewed and determinations of legal or illegal usage shall be made in accordance with procedures established by the Medical Review Officer.

Confirmatory Test
Any test which indicates the presence of illegal drugs shall be followed by a confirmatory test using gas chromatography/mass spectrometry analysis. If results of the confirmatory test indicate the presence of illegal drugs, such results shall be reviewed and interpreted by a Medical Review Officer (MRO) to determine if there is an alternative medical explanation. The testing facility will contact the individual directly if confirmatory test and medical review is necessary.If the applicant provides appropriate documentation and the Medical Review Officer determines that it is a legitimate usage of the substance, the results shall be reported as negative.

Applicant Contact Procedure

The Medical Review Officer shall, upon receipt of a positive laboratory report, attempt to contact the applicant at the daytime or home phone number indicated on the drug testing form. The Medical Review Officer shall attempt to determine if there is an alternative medical explanation for the positive report.

If the applicant expressly refuses to discuss with the Medical Review Officer the results of the pre-employment drug testing, declines the opportunity to provide an explanation of the results, or admits to the usage of an illegal drug(s), the Medical Review Officer, without further action or review, shall report to the Office of Human Resources that the results of the drug testing indicates that the employee has used an illegal drug(s). The Office of Human Resources shall report to the supervisor that the applicant is disqualified from employment.

If the Medical Review Officer is, within two (2) business days of the initial attempt, unable to directly contact the applicant, the Medical Review Officer shall contact the Employment or Tech Temp Supervisor in the Office of Human Resources, who shall attempt to contact the applicant and shall inform the applicant that the applicant must contact the Medical Review Officer by the end of the next business day, or the applicant shall be considered to have tested positive for the use of illegal drugs, and as specified, to have been disqualified from holding any position with the employer for a period of two (2) years from the date the test was administered.

If the Employment or Tech Temp Supervisor is unable to contact the applicant within two (2) business days of the initial attempt, the Supervisor shall so notify the Medical Review Officer. The Medical Review Officer shall then deem the applicant to have tested positive.

Reporting Determination of Illegal Drug Usage: If an applicant is unable or fails to provide an alternative medical explanation for the presence of an illegal drug(s), the Medical Review Officer, after appropriate review, shall notify the Employment or Tech Temp Supervisor that the applicant is disqualified from employment. The results of the test shall remain confidential and shall not be public record unless necessary for the administration of these provisions or otherwise mandated by other state or federal law.

Hiring Process

Advertising
Advertisements for positions (117) listed in this document will include the following statement: "The Georgia Institute of Technology is committed to a drug free workplace. This position will require a pre-employment drug test." This statement will be included in every outside advertisement, i.e. Atlanta Journal/Constitution and Atlanta Daily World, etc..

Georgia Tech Job Bulletin
Positions requiring a pre-employment drug test will be advertised in the Internal and External Job Bulletins under the Qualifications section as follows: "The Georgia Institute of Technology is committed to a drug free workplace. This position will require a pre-employment drug test."

Job Request Form
The Office of Human Resources will be responsible for annotating on the Job Request Form when the position requires a pre-employment drug test.

Recruiting, Prescreening and Interviewing
All applicants for listed (117) positions will be advised of Georgia Tech's commitment to a drug free workplace and that the position for which they are applying requires a pre-employment drug test.

Former Employees Rehired at Georgia Tech
If an employee worked in one of the 117 safety sensitive positions, listed in this policy and terminates, the negative test results applied only to that position. If that individual is rehired in the same or another safety sensitive position listed in this policy, the candidate must be retested prior to reporting on the first day of work. Departments must not allow the selected candidate to start working until notification of a negative test result is verified by the Office of Human Resources.

Drug Testing Process:

1. After the department interviews and selects the number one candidate, the paperwork will be returned to OHR/Employment. OHR will refer the candidate to the drug testing facility.
2. The drug testing facility, upon completing the test, will notify the Employment or Tech Temp Supervisor (or a designee) of the test results.
3. If the test is positive, the department will be notified by OHR that the candidate is disqualified for employment. The candidate will be notified by OHR regarding the disqualification.
4. If the test is negative, the OHR Supervisor (or designee) will notify the hiring department to make the job offer to the candidate. Disqualification from Employment An applicant who refuses to submit to or fails to appear for an established test for alcohol or illegal drugs or whose test results are positive, shall be disqualified from employment by the state. Such disqualification shall not be removed for a period of two years from the date that such test was administered or offered, whichever is later.

Disqualification from Employment
An applicant who refuses to submit to or fails to appear for an established test for alcohol or illegal drugs or whose test results are positive, shall be disqualified from employment by the state. Such disqualification shall not be removed for a period of two years from the date that such test was administered or offered, whichever is later.