AA/PPS 04.01.42 - Faculty Remote Work

POLICY STATEMENT

Texas State University is committed to fostering work environments that maximize productivity and flexibility for faculty.

1. SCOPE

   1. The purpose of this policy is to establish guidelines and expectations for the place of work and remote working for full-time faculty at Texas State University.

2. DEFINITIONS

   1. Alternate Work Location – an approved, non-university worksite where some or all the work assigned to an employee is conducted, such as an employee’s home.

   2. Faculty Member – a person who is employed by the university on a full-time basis as a member of the faculty, including professional librarians, and whose duties include teaching, research, administration, or the performance of professional services.

   3. Long-Term Remote Work Arrangement – the long-term performance (greater than 30 workdays in a fiscal year) of some or all duties assigned to an employee conducted at an approved non-university worksite. A formal agreement with direct supervisor, dean, and the provost and executive vice president for Academic Affairs’ (EVPAA) approval is required.

   4. Short-Term Remote Work Arrangement – the occasional or short-term (maximum of 30 workdays per fiscal year) performance of normal work duties at a location away from the employee’s regular work location, most often the employee’s home. Prior approval by the employee’s direct supervisor and logging remote work time via the SAP timesheet is required. Short-term remote work arrangements may be approved for 30 consecutive days or in smaller increments but may not exceed 30 total workdays in a fiscal year.

   5. Work Duties – the faculty member’s regularly assigned work responsibilities (teaching, research/scholarly/creative activities, service, administration) in a university or approved non-university worksite. The university recognizes that faculty responsibilities and schedules (days and times) vary greatly depending on assigned work duties.

3. PLACE OF WORK AND REMOTE WORK PROCEDURES

   1. This section applies to university faculty positions and is in accordance with Section 51.992 of the Texas Education Code and Texas Senate Bill 2615. Faculty are subject to protocols and expectations as defined by the provost and EVPAA related to online teaching, office hours, and other expectations regarding geography of work.

      The university typically expects that work be performed on university property or property under the university’s control. To promote general work efficiencies, direct supervisors may permit or direct faculty to work at alternate work locations to complete their normal work duties in teaching, research/scholarly/creative activity, service, and/or administration. The university recognizes that normal faculty work duties vary greatly and will require work in various on- and off-campus locations to effectively perform duties in teaching, research/scholarly/creative activity, service, and/or administration. A remote work arrangement is not needed for this usual and customary work arrangement.

      An approved remote work arrangement is needed when the performance of faculty work duties will take place at a designated remote location exclusively for a designated period.

      Remote work may also be considered on a case-by-case basis as a reasonable accommodation for qualified employees with disabilities, as provided by UPPS No. 04.04.60, Workplace Accommodation.

      When otherwise consistent with the criteria below, Texas State may allow short- or long-term remote work arrangements at the discretion of the university to enable faculty to serve stakeholders, meet institutional and departmental goals, and balance professional and personal responsibilities. Remote working arrangements may be implemented as a means of achieving administrative, research/scholarly, grant management, and/or educational efficiency, improving productivity and job performance, supporting business continuity plans, and supporting the hiring and retention of a highly competent workforce.

      Consistent with Texas law, the university may allow remote work arrangements for a faculty member on a temporary or permanent basis only if the faculty member:

      1. has a temporary illness;

      2. has a temporary or permanent medical condition or disability requiring the university to make a reasonable accommodation under state or federal law;

      3. is employed in a nonteaching position and:

         1. has demonstrated the ability to work well with minimal supervision;

         2. has a deep understanding of the faculty member’s duties and responsibilities;

         3. has demonstrated the ability to manage their work time appropriately;

         4. has an observed record of thoroughly and efficiently accomplishing their duties; and

         5. is employed in a position that does not require the faculty member’s day-to-day physical presence at the institution or in-person interaction with students, administration, or other employees.

      4. is employed in a teaching position and is currently assigned to teach only a course or program that the institution has:

         1. approved for remote instruction in accordance with the institution’s academic oversight or faculty governance procedures; and

         2. designated as distance education or a dual credit course or program provided by the university.

      5. is employed as a faculty member and is on a temporary research assignment located off the university campus; or

      6. is employed as a faculty member who provides telehealth services as part of the university’s assigned clinical, research, or instructional duties.

      The university may additionally permit remote work during a period of catastrophe as determined by the university president or provost and EVPAA, and as defined by Texas Senate Bill 2615. After the period of catastrophe has ended as determined by the university president or provost and EVPAA, the faculty member may engage in approved remote work only as allowed by the regulations in this policy.

      Direct supervisors (typically department chair or school director) must approve all faculty remote work arrangements. Long-term remote work arrangements must also be approved by the faculty member’s dean and the provost and EVPAA.

      Approved short-term remote work arrangements may not exceed 30 total workdays in a fiscal year. Exceptions require provost and EVPAA approval.

      These work arrangements do not alter the conditions of employment, and they require compliance with existing policies. These arrangements do not constitute an employment contract and do not create a property interest in employment.

   2. The following are general provisions as they relate to remote work for faculty.

      1. Compensation and Benefits – A faculty member’s compensation and benefits will not change as a result of implementing a remote work arrangement, including paid holidays. In the case of approved out-of-state employment, it is the faculty member’s responsibility to work with the university’s Payroll and Tax Compliance Office to ensure appropriate and accurate payroll tax withholdings.

      2. Out-of-State Employment – In general, faculty members with remote work agreements are expected to perform their duties within the State of Texas. In some cases, out-of-state remote work may be approved if the faculty member is working from a state where the university is a registered employer. The list of states in which the university is registered as an employer is available through the Payroll and Tax Compliance Office. The university is unable to formally approve remote work arrangements in states where the university is not registered as an employer. Faculty members must obtain approval from the direct supervisor prior to beginning any short-term remote work out-of-state. Faculty members must obtain approval from the direct supervisor, dean, and provost and EVPAA prior to beginning any long-term remote work out-of-state.

      3. Attendance at Meetings – Supervisors may require faculty members to report as needed, either electronically or physically, to a designated site for work-related meetings or other events; or may meet with faculty members in the alternate work location as needed to discuss work progress or other work-related issues.

      4. Workers’ Compensation Liability – Faculty members are responsible for maintaining a designated workspace in a clean, professional, and safe condition at the alternate work location. The university specifically assumes no liability for injury to any other person who would not be in the work area if the duties were being performed at the designated headquarters. The university retains the right to conduct pre-arranged, on-site inspections of this work area during work hours. Workers’ compensation benefits will apply to injuries arising out of and in the course of employment. An employee on a remote work arrangement who sustains a work-related injury must notify their supervisor immediately and complete all requested documents regarding the injury.

      5. Reporting of Leave – Faculty members are required to submit leave hours as specified by their supervisor and in accordance with UPPS No. 04.04.30, University Leave Policy. An approved remote work arrangement does not change a faculty member’s responsibility to accurately report leave as indicated in the university leave policy.

      6. Equipment and Security – Faculty members must abide by all university policies and guidelines for standards and ethics, per UPPS No. 04.01.01, Security of Texas State Information Resources, and UPPS No. 04.01.05, Network Use Policy, and adhere to policies regarding the use of state property. Faculty members are responsible for ensuring the confidentiality, safety, and integrity of data, documents, and software used at the remote worksite. University assets required for remote work must be documented in accordance with UPPS No. 05.01.01, Texas State University Property and Equipment. Faculty members are required to follow all Texas State information security policies, copyright laws, and manufacturer licensing agreements. Software may not be duplicated except as allowed under law and licensing agreements.

         If a problem arises in relation to the telephone or internet service provider (ISP), faculty members will contact and obtain support from their service provider. Payment for repairs is the responsibility of the subscriber of the service.

      7. Employee-Owned Hardware and Software – All computers connecting to the university’s network through an ISP are required to use a properly configured virtual private network and run current virus protection software. Faculty members on remote work arrangements must use only approved software when connecting with the university network. The university will not be liable for damages to employee-owned equipment resulting from participation in a remote work arrangement and will not be responsible for operation costs, home maintenance, or any other incidental costs (e.g., utilities, basic telephone service, insurance) associated with the use of the employees’ residence.

      8. Supplies – The provision of supplies and equipment will be at the discretion of the supervisor. Reimbursement to faculty members will not be approved.

   3. Departmental Responsibilities

      Prior to approval, supervisors should ensure that the faculty members are eligible for remote work, as described in Section 03.01, and that the job duties can be accomplished with a remote work arrangement. Jobs that are adapted easily consist of writing, reading, researching, independent thinking, editing, and working with data.

      Supervisors should also consider the ability to measure or assess work performed, availability and costs of needed equipment, assessment of other employees in the work unit performing similar responsibilities who might have an interest in remote work, and the effect on the rest of the work group, unit, or department.

      As with any employee, performance expectations, goals, and results for each faculty member must be established and met. Faculty members with approved remote work arrangements must still complete annual evaluation reviews and any other required reappointment reviews specific to their faculty position.

      Supervisors should research and identify resources necessary and should schedule meetings as needed to assess needs, provide feedback, and discuss any problems. Supervisors should review the remote work arrangement as needed and make necessary adjustments to address any changing departmental or college demands.

      Supervisors may approve or deny a remote work arrangement that is proposed by the faculty member. If the supervisor and the faculty member do not agree on aspects of the proposed arrangement, then the faculty member will continue to work their assigned duties at the regularly assigned place of employment.

      In general, remote work arrangements are a privilege, which may be granted under appropriate circumstances for high-performing employees whose job responsibilities are suited to such arrangements. Each request to deviate from the normal schedule or location will be evaluated on an individual basis.

   4. Faculty Member Responsibilities

      Faculty members participating in remote work arrangements are responsible for adhering to all terms of the arrangements as outlined in the approved agreement.

      Faculty members who have an approved remote work arrangement shall:

      1. review the Remote Work and Collaboration Resources website in preparation for the remote work assignment;

      2. successfully complete all work-related duties according to the faculty member’s position and supervisor’s expectations;

      3. provide and maintain a healthy and safe environment at the remote worksite;

      4. use only university-approved software for connecting with the university’s network from the remote worksite;

      5. run current anti-virus software at all times and follow all university information security rules, copyright laws, and manufacturer licensing agreements;

      6. comply with the university’s property administration procedures, including completion of required documents and information resource policies and procedures;

      7. attend required meetings via video conferencing software and fully participate as an active participant. Participants are generally expected to actively engage in remote meetings as directed by their supervisor.; and

      8. comply with all other university policies and procedures that would apply in the absence of a remote work arrangement.

   5. Requesting Short- or Long-Term Remote Work Arrangements

      Short-term remote work arrangement requests must be entered via the SAP Employee Self-Service portal, and approved by the direct supervisor.

      Long-term remote work arrangements require the submission of a remote-work agreement via the SAP Employee Self-Service portal and must be approved by the faculty member’s direct supervisor and the provost and EVPAA.

      In all instances, approval must be obtained before engaging in remote work.

      The long-term remote work agreement should address all aspects of the remote work arrangement, including but not limited to the following:

      1. how the arrangement benefits the university, improves efficiency or effectiveness, or enhances customer service;

      2. the duration of the agreement;

      3. the work duties and how they may be changed;

      4. how leave is to be requested by the faculty member and approved by the supervisor;

      5. how routine communication between the faculty member, supervisor, co-workers, students, and/or other stakeholders will be handled;

      6. the faculty member’s performance goals and expectations;

      7. the equipment and supplies that will be used, and who will be responsible for providing and maintaining them;

      8. applicable data and university resources security procedures;

      9. applicable safety requirements; and

      10. a requirement that the faculty member discuss with their supervisor any proposed changes to the alternate work location as defined by the original remote work agreement.

   6. Termination of Agreement

      Every effort should be made to ensure a remote work arrangement is successful. However, the need may arise to terminate a remote work arrangement or revoke remote work privileges for reasons including, but not limited to, performance deficiencies, or changes in department needs.

      A remote work arrangement may be terminated by the faculty member’s direct supervisor, provost and EVPAA, or at the faculty member’s request, subject to approval by the direct supervisor. Upon termination of the arrangement, the faculty member must return to a designated worksite on campus or property controlled by the university and must immediately return all equipment, supplies, and any other university-owned property in the faculty member’s possession or control from the remote work site. The university will not be held responsible for any costs, damages, or losses incurred as a result of terminating the remote work arrangement.

4. REVIEWERS OF THIS UPPS

   1. Reviewers of this AA/PPS include the following:

      Position	Date
      Vice Provost for Faculty Success	December 1 E5Y
      Chair, Faculty Senate	December 1 E5Y

5. CERTIFICATION STATEMENT

   This AA/PPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

   Vice Provost for Faculty Success; senior reviewer of this AA/PPS

   Senior Vice Provost

   Provost and Executive Vice President for Academic Affairs

   President