Notices

Sam Houston State University is committed to the safety of our university community. Each year, SHSU releases an Annual Security and Fire Safety Report to provide information about local crime statistics, safety policies, and the preventative measures in place to protect our faculty, staff, and students. You can view the report online, download a copy of it, or request a hard copy from the University Police Department. The non-emergency phone number for the University Police Department is 936.294.1800.

Annual Security & Fire Safety Report

Sam Houston State University (SHSU) is committed to ensuring the safety and health of its students and employees.

This communication will serve as official notice of the Drug-Free Schools and Campuses regulations and the Drug and Alcohol Abuse Prevention regulations.

SHSU has implemented the Drug Free Work Place Policy (HR-23) that prohibits the unlawful manufacture, distribution, dispensation, possession, or use of illicit drugs or alcohol by students and employees on University property, at any school activities, or while employees are on official duty. All students and employees are required to obey the law and to comply with the Rules and Regulations of the Board of Regents, Texas State University System and SHSU institutional rules. The unlawful manufacture, distribution, dispensation, possession, or use of drugs or alcohol by employees will result in disciplinary action up to and including separation of employment.

The SHSU Drug Awareness and Prevention program is a three-part program to inform students and employees about:

1. Promote awareness of health risks involved in the use of illicit drugs and the abuse of alcohol, which often result in poor health and premature death.
2. Provide help services to all SHSU students and employees for drug and alcohol counseling, treatment, and rehabilitation.
3. Local sanctions, which include fines and/or imprisonment for violation of local, state, or federal drug laws. SHSU upholds laws, which prohibit the possession, use, or distribution of controlled substances. Anyone who is found to be in violation of these laws will be referred to the appropriate legal authority for prosecution. More details about SHSU discipline and the penalties under state and federal law are included in the SHSU Annual Security Report.

The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment.

Prohibitions:

Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test, and from discharging, disciplining, or discriminating against an employee or prospective employee for refusing to take a test or for exercising other rights under the Act.

Exemptions:

Federal, State and local governments are not affected by the law. Also, the law does not apply to tests given by the Federal Government to certain private individuals engaged in national security-related activities.

The Act permits polygraph (a kind of lie detector) tests to be administered in the private sector, subject to restrictions, to certain prospective employees of security service firms (armored car, alarm, and guard), and of pharmaceutical manufacturers, distributors and dispensers.

The Act also permits polygraph testing, subject to restrictions, of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in economic loss to the employer.

The law does not preempt any provision of any State or local law or any collective bargaining agreement which is more restrictive with respect to lie detector tests.

Examinee Rights:

Where polygraph tests are permitted, they are subject to numerous strict standards concerning the conduct and length of the test. Examinees have a number of specific rights, including the right to a written notice before testing, the right to refuse or discontinue a test, and the right not to have test results disclosed to unauthorized persons.

Enforcement:

The Secretary of Labor may bring court actions to restrain violations and assess civil penalties against violators. Employees or job applicants may also bring their own court actions.

Download Flyer

Employee Polygraph Protection Act (dol.gov)

Ley Para La Protección Del Empleado (dol.gov)

Sam Houston State University is an Equal Employment Opportunity/Affirmative Action Employer and Smoke/Drug-Free Workplace. All qualified applicants will receive consideration for employment without regard to race, creed, ancestry, marital status, citizenship, color, religion, sex, national origin, age, veteran status, disability status, sexual orientation, pregnancy, or gender identity or expression. Sam Houston State University is an “at will” employer. Employees with a contract will have additional terms and conditions. Security sensitive positions at SHSU require background checks in accordance with Education Code § 51.215.

All employees are required to complete Equal Employment Opportunity training within 30 days of their hire date and every 2 years.

Download Flyer

Know Your Rights: Workplace Discrimination is Illegal (dol.gov)

La Discriminación en el Lugar de Trabajo es Ilegal

The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. These provisions will apply from April 1, 2020 through December 31, 2020.

Download Flyer

Families First Coronavirus Response Act Poster (dol.gov)

Ley Familias Primero de Respuesta al Coronavirus (dol.gov)

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Download Flyer

Employee Rights Under the Family and Medical Leave Act (dol.gov)

Según La Ley De Ausencia Familiar Y Médica (dol.gov)

The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws.

Overtime Pay: At least 1½ times the regular rate of pay for all hours worked over 40 in a workweek.

Child Labor:

An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in non-farm jobs declared hazardous by the Secretary of Labor. Youths 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs with certain work hours restrictions. Different rules apply in agricultural employment.

Tip Credit:

Employers of “tipped employees” who meet certain conditions may claim a partial wage credit based on tips received by their employees. Employers must pay tipped employees a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee's tips combined with the employer's cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference.

Nursing Mothers:

The FLSA requires employers to provide reasonable break time for a nursing mother employee who is subject to the FLSA's overtime requirements in order for the employee to express breast milk for her nursing child for one year after the child's birth each time such employee has a need to express breast milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by the employee to express breast milk.

Enforcement:

The Department has authority to recover back wages and an equal amount in liquidated damages in instances of minimum wage, overtime, and other violations. The Department may litigate and/or recommend criminal prosecution. Employers may be assessed civil money penalties for each willful or repeated violation of the minimum wage or overtime pay provisions of the law. Civil money penalties may also be assessed for violations of the FLSA's child labor provisions. Heightened civil money penalties may be assessed for each child labor violation that results in the death or serious injury of any minor employee, and such assessments may be doubled when the violations are determined to be willful or repeated. The law also prohibits retaliating against or discharging workers who file a complaint or participate in any proceeding under the FLSA.

Additional Information:

• Certain occupations and establishments are exempt from the minimum wage, and/or overtime pay provisions.
• Special provisions apply to workers in American Samoa, the Commonwealth of the Northern Mariana Islands, and the Commonwealth of Puerto Rico.
• Some state laws provide greater employee protections; employers must comply with both.
• Some employers incorrectly classify workers as “independent contractors” when they are actually employees under the FLSA. It is important to know the difference between the two because employees (unless exempt) are entitled to the FLSA's minimum wage and overtime pay protections and correctly classified independent contractors are not.
• Certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor.

Download Flyer

Federal Minimum Wage (dol.gov)

Salario Mínimo Federal (dol.gov)

Texas Health and Safety Code, Chapter 85, requires each state agency to implement workplace guidelines concerning persons with Acquired Immunodeficiency Syndrome (AIDS) and Human Immunodeficiency Virus (HIV) infection. This notice is consistent with current information from public health authorities, such as the Centers for Disease Control and Prevention (CDC) of the United States Public Health Service, and with state and federal laws and regulations.

Use of a person's HIV status to decide employment status, service delivery, or to deny services to HIV infected individuals is not acceptable. This agency complies with the ADA protections of all people with disabilities against discrimination in job application procedures, hiring, promotions, discharge, compensation, job training, and other terms or conditions of employment. Employees who believe that they have been discriminated against because of HIV or AIDS should notify and may seek assistance from a supervisor, Equity and Title IX, and Human Resources as detailed in the PRE-29 – Non-Discrimination Policy.

Employees seeking workplace accommodations must make their need for accommodation known to their supervisor or to the Leaves and Accommodations representative in Human Resources as detailed in the HR Workplace Accommodations policy (HR-05). The following options may be considered for people with HIV/AIDS: possible assignment or reassignment of job duties, working at home, leaves of absence, and flexible work schedules. All employees, however, are expected to perform the essential functions of their job with or without reasonable accommodation. While the ADA does protect disabled employees from employment discrimination, all employees, those with and without disabilities, have the same performance and conduct standards regarding hiring, promotion, transfer, and dismissal. Employees do not have the right to refuse to work with someone who has any disability.

This agency will protect the confidentiality of employee medical records and information, to the fullest extent allowed by state and federal law. Written consent of the employee must be obtained prior to any disclosure of this information. Those with access to confidential information must maintain strict confidentiality and privacy, separating this information from employees' personnel records. Individuals who fail to protect these employee rights commit a serious offense, which may be cause for litigation resulting in both civil and criminal penalties, and may result in dismissal.

The Centers for Disease Control and Prevention (CDC) provides the following educational resource: Business Responds to AIDS, which includes information about HIV transmission, prevention, and other available resources. CDC-INFO operates a toll-free information center open Monday through Friday from 8 a.m. to 8 p.m., Eastern Time (ET) accessible at 1-800-CDC-INFO (232-4636) TTY: 1-888-232-6348 in English and en Español. CDC-INFO offers anonymous, confidential HIV information to the public. Trained staff members answer questions about HIV in English and Spanish and provide TTY service for the deaf. They also provide referrals to appropriate services, including clinics, hospitals, local hotlines, counseling and testing sites, legal services, health departments, support groups, educational organizations, and service agencies throughout the United States.

Faculty, staff and family members also have access to the Employee Assistance Program.

All workers have the right to:

• A safe workplace.
• Raise a safety or health concern with your employer or OSHA, or report a work-related injury or illness, without being retaliated against.
• Receive information and training on job hazards, including all hazardous substances in your workplace.
• Request a confidential OSHA inspection of your workplace if you believe there are unsafe or unhealthy conditions. You have the right to have a representative contact OSHA on your behalf.
• Participate (or have your representative participate) in an OSHA inspection and speak in private to the inspector.
• File a complaint with OSHA within 30 days (by phone, online or by mail) if you have been retaliated against for using your rights.
• See any OSHA citations issued to your employer.
• Request copies of your medical records, tests that measure hazards in the workplace, and the workplace injury and illness log.

Employers must:

• Provide employees a workplace free from recognized hazards. It is illegal to retaliate against an employee for using any of their rights under the law, including raising a health and safety concern with you or with OSHA, or reporting a work-related injury or illness.
• Comply with all applicable OSHA standards.
• Notify OSHA within 8 hours of a workplace fatality or within 24 hours of any work-related inpatient hospitalization, amputation, or loss of an eye.
• Provide required training to all workers in a language and vocabulary they can understand.
• Prominently display this poster in the workplace.
• Post OSHA citations at or near the place of the alleged violations.

On-Site Consultation services are available to small and medium-sized employers, without citation or penalty, through OSHA-supported consultation programs in every state.

Download Flyer

Job Safety and Health: It's the Law! (osha.gov)

Seguridad y Salud en el Trabajo: ¡Es la Ley! (osha.gov)

Sec. 5. POLITICAL AID AND LEGISLATIVE INFLUENCE PROHIBITED. None of the moneys appropriated by Articles I, II, III, and IV of this Act, regardless of their source or character, shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any official or employee of the state from furnishing to any Member of the Legislature or committee upon request, or to any other state official or employee or to any citizen information in the hands of the employee or official not considered under law to be confidential information. Any action taken against an employee or official for supplying such information shall subject the person initiating the action to immediate dismissal from state employment.

No funds under the control of any state agency or institution, including but not limited to state appropriated funds, may be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive, or judicial branches of government of the State of Texas or the government of the United States.

None of the funds appropriated in this Act shall be expended in payment of the salary for full- time employment of any state employee who is also the paid lobbyist of any individual, firm, association or corporation. None of the funds appropriated in this Act shall be expended in payment of the partial salary of a part-time employee who is required to register as a lobbyist by virtue of the employee's activities for compensation by or on behalf of industry, a profession or association related to operation of the agency or institution for which the person is employed. A part-time employee may serve as a lobbyist on behalf of industry, a profession or association so long as such entity is not related to the agency with which he or she is employed.

No employee of any state agency shall use any state-owned automobile except on official business of the state, and such employees are expressly prohibited from using such automobile in connection with any political campaign or any personal or recreational activity.

None of the moneys appropriated by this Act shall be paid to any official or employee who violated any of the provisions of this section.

The head or heads of each agency of the state shall furnish each employee of such agency with a copy of the five (5) paragraphs immediately preceding this one, and shall take a receipt therefore from each employee. The preceding sentence shall not be construed to mean that new receipts are to be obtained each year from continuing employees who have previously receipted for copies of identical provisions prohibiting political aid and legislative influence. The receipts shall be kept accessible for public inspection.

Sec. 8.01. PROPERTY ACCOUNTING SYSTEM

(a) This article applies to personal property belonging to the state.

(b) The commission shall administer the property accounting system and maintain a complete and accurate set of centralized records of state property based on information supplied by state agencies or the uniform statewide accounting system. The Property accounting system shall, to the extent possible, constitute the fixed asset components of the uniform statewide accounting system. The commission shall coordinate with the comptroller in issuing rules, instructions, and necessary requirements for the property accounting system, subject to review and comment by the state auditor. The rules, instructions, and requirements must be consistent with the requirements of the uniform statewide accounting system.

(c) Where the commission finds that an agency has demonstrated its ability and competence to maintain complete and accurate detailed records of the property it possesses without the detailed supervision by the commission, it may direct that the detailed records be kept at the principal office of such agency. Where the commission issues such order, it shall keep only summary records of the property of such agency and the agency shall keep such detailed records as the commission directs and furnish the commission with such reports at such times as directed by the commission.

(d) Each agency head shall cause each item of state property possessed by his agency to be marked so as to identify it. The agency head shall follow the instructions issued by the commission in marking state property.

Sec. 8.02. RESPONSIBILITY FOR PROPERTY ACCOUNTING

(a) All state agencies shall comply with the provisions of this article and keep the property records required.

(b) All personal property owned by the state shall be accounted for by the head of the agency that has possession of the property. The commission shall by rule define what is meant by personal property for the purposes of this article, but such definition shall not include nonconsumable personal property having a value of $500 or less per unit. In promulgating such rules, the commission shall take into account the value of the property, its expected useful life, and if the cost of record keeping bears a reasonable relationship to the cost of the property on which records are kept. The commission shall consult with the state auditor in making such rules and the auditor shall cooperate with the commission in the exercise of this rulemaking power by giving technical assistance and advice.

(c) All equipment and supplies which are purchased through a program, contract, or grant with the Texas Department of Health by or for qualified entities, including but not limited to individuals, corporations, local units of government and other state agencies and which are used to promote and maintain public health are exempt from the property accounting system prescribed by this article. The qualified entities shall maintain complete equipment and supply records. The Texas Department of Health may request the return of any usable equipment or supplies purchased with funds provided by the department upon the termination of the program, contract, or grant.

Sec. 8.03. PROPERTY MANAGER; PROPERTY INVENTORY

(a) Each agency head is responsible for the proper custody, care, maintenance, and safekeeping of the state property possessed by his agency.

(b) Each agency head shall designate either himself or one of his employees as property manager. The commission shall be informed in writing by the agency head of the name of the property manager and shall be informed of any changes. Where the commission finds that convenience and efficiency will be served, it may permit more than one property manager to be appointed by the agency head.

(c) The property manager shall maintain the required records on all property possessed by the agency and shall be the custodian of all such property.

(d) No person shall entrust state property to any state official or employee or to anyone else to be used for other than state purposes.

(e) When an agency's property is entrusted to some person other than the property manager, the property manager shall require a written receipt for such property executed by the person receiving custody of the property. When the possession of property of one agency is entrusted to another agency on loan, such transfer shall be done only when authorized in writing by the agency head who is lending such property and the written receipt shall be executed by the agency head who is borrowing such property. The property manager is relieved of the responsibility for property which is the subject of such a receipt.

(f) Each agency shall make a complete physical inventory of all property in its possession once a year. The inventory shall be taken on the date prescribed for the agency by the commission.

(g) The agency head shall forward a signed statement describing the method by which the inventory was verified, along with a copy of such inventory, within 45 days after the inventory date for the agency.

(h) The commission shall supervise the property records of each agency so that the records accurately reflect the property currently possessed by the agency. The commission shall prescribe the methods whereby items of property are deleted from the property records of the agency. Property that has become surplus or obsolete and no longer serviceable and has been turned over to the commission for disposal under the laws relating thereto shall be deleted from the records of that agency upon the authorization of the commission. Property that is missing from the agency or property that is disposed of directly by the agency in a legal manner shall be deleted from the commission's records upon the authorization of the state auditor.

Sec. 8.04. CHANGE OF PROPERTY MANAGERS.

When there is a change in agency heads or property managers, the incoming agency head or property manager shall execute a receipt for all agency property accounted for to the outgoing agency head or property manager. A copy of such receipt shall be delivered to the commission, the state auditor, and the outgoing agency head or property manager.

Sec. 8.05. LIABILITY FOR PROPERTY LOSS.

Where agency property disappears, whether through theft or other cause, as a result of the failure of the agency head, property manager, or agency employee entrusted with the property in writing to exercise reasonable care for its safekeeping, such person shall be pecuniarily liable to the state for the loss thus sustained by the state. Where agency property deteriorates as a result of the failure of the agency head, property manager, or agency employee entrusted with the property in writing to exercise reasonable care to maintain and service the property, such person shall be pecuniarily liable to the state for the loss thus sustained by the state. Where agency property is damaged or destroyed as a result of an intentional wrongful act or of a negligent act of any state official or employee, such person shall be pecuniarily liable to the state for the loss thus sustained by the state. The liability prescribed by this section may be found to attach to more than one person in a particular instance; in such cases, the liability shall be joint and several.

Sec. 8.06. REPORTING TO STATE AUDITOR AND ATTORNEY GENERAL.

When an agency head has reasonable cause to believe that any state property has been lost, destroyed, or damaged through the negligence or fault of any state official or employee, agency head responsible for such property shall immediately report such loss, destruction, or damage to the state auditor and to the attorney general. The attorney general may elect to investigate the matter, and if the investigation discloses that an injury has been sustained by the state through the fault of a state official or employee, the attorney general shall make written demand upon such state official or employee for reimbursement to the state for the loss so sustained.

Sec. 8.07. LEGAL ACTION TO RECOVER MONETARY LOSS OF PROPERTY.

In case the demand made by the attorney general for reimbursement for property loss, destruction, or damage is refused or disregarded by the state official or employee upon whom such demand is made, the attorney general shall take such legal action to recover the monetary loss of the state property occasioned by the loss, damage, or destruction as in his opinion may be deemed necessary. Venue for all such suits instituted against a state official or employee shall lie in the courts of appropriate jurisdiction of Travis County.

Sec. 8.08. FAILURE TO KEEP RECORDS.

When any agency fails to keep the records required under the provisions of this article or fails to take the annual physical inventory, the commission shall so inform the comptroller and the comptroller may refuse to draw any warrants on behalf of such agency.

Sec. 8.09. TRANSFER OF PERSONAL PROPERTY

(a) Any state agency is authorized to transfer any personal property of the state under its control or jurisdiction to any other state agency with or without reimbursement between the agencies.

(b) When any personal property under the control or jurisdiction of one state agency is transferred to the control or jurisdiction of any other state agency, such transfers shall be immediately and simultaneously reported to the commission by the transferor and the transferee on forms prescribed by the commission, and it shall adjust the inventory records of the agencies involved in making the transfer. Whenever any transfer is made with reimbursement from funds deposited in the state treasury, the transferee shall issue a voucher payable to the transferor, and the comptroller of public accounts shall issue warrants for reimbursement.

Sec. 8.10. DISTRIBUTION OF THIS ARTICLE.

Each agency head shall distribute a copy of this article to each official and employee of his agency and shall give a copy to each new employee of the agency.

According to Texas Government Code Section 552.024, the general public can make requests for information about the affairs of government and the acts of public officials and employees. The information released as a result of these requests can sometimes include the personal information of state employees. However, employees have the right to elect to keep certain categories of personal information confidential in the event of such a request.

Personnel information eligible for release

• Home address
• Home telephone number
• Social security number (the SSN is already protected from release)
• Information that reveals whether employee has family members
• Emergency contact information.

To review and/or change your confidential indicators election:

• Access your Employee Confidential Indicators screen.
• Review the 5 options and select to Deny Access or Allow Access for each.
• To save click Update HRIS Indicators

If no election has been made, the specified information may be subject to public release (except your social security number).

If you have prior law enforcement or Texas Department of Criminal Justice service, follow the instructions above to mark all of your indicators as Deny access. If you have questions, contact Human Resources at 936-294-2637.

Employee Crime Victim Identification

In accordance with HB 1027, information will be withheld that would identify me as a crime victim, including a photograph or other visual representation.

None of the funds appropriated by this Act shall be expended to pay the salary of a state employee who:

(1) accepts or solicits any gift, favor, or service that might reasonably tend to influence the employee in the discharge of official duties or that the employee knows or should know is being offered with the intent to influence the employee's official conduct;

(2) accepts other employment or engages in a business or professional activity that the employee might reasonably expect would require or induce the employee to disclose confidential information acquired by reason of the official position;

(3) accepts other employment or compensation that could reasonably be expected to impair the employee's independence of judgment in the performance of the employee's official duties;

(4) makes personal investments that could reasonably be expected to create a substantial conflict between the employee's private interest and the public interest; or

(5) intentionally or knowingly solicits, accepts, or agrees to accept any benefit for having exercised the employee's official powers or performed the employee's official duties in favor of another.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.

Download Flyer

Your Rights Under USERRA (dol.gov)

Sus Derechos Bajo USERRA (dol.gov)

The State of Texas provides worker's compensation insurance to protect you in the event of a work-related injury or illness through the State Office of Risk Management. Although the Texas Worker's Compensation Rules allow employees up to 30 days to notify an employer of an injury/illness, it is the policy of Sam Houston State that the employee notifies their supervisors immediately when an injury/illness occurs. Additionally, employees and supervisors are responsible for timely completion of required claim forms.

Workers' compensation is the exclusive remedy for an on-the-job injury. This means that the employee may not sue the employer or co-workers for damages. However, an employee may notify their employer in writing within five days of beginning work that they do not want to be covered by workers' compensation and prefer to keep the common-law right to recover damages for personal injury or death. If you elect to retain your common-law right of action, you cannot obtain workers' compensation income or medical benefits. Additionally, the state provided Texas Employees Group Benefits Program does not cover expenses for occupational illness or injuries sustained at work, regardless of whether they are covered by workers' compensation or similar state or federal programs.

You can get more information about your worker's compensation rights from any office of the Texas Department of Insurance, Division of Workers' Compensation, or by calling the Commission's toll free number (1-800-252-7031).