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MESARYA TECHNICAL UNIVERSITY

MTU Administrative Policies and Procedures Manual

 

Section 2000: Administration

 

– Policy 2000: Responsibility and Accountability for University Information and Transactions

Date Originally Issued: October 21, 2019

Authorized by RPM 3.1 (“Responsibilities of the Rector”)


Process Owner:  University Controller and HSC Senior Executive Officer for Finance and Administration

 

  1. General

 

University administrative processes, systems, and forms provide electronic and manual mechanisms for business and administrative functions such as finance, student, student financial aid, and human resources. Use of University information and systems is restricted to authorized University business and administrative users. This policy defines the specific responsibilities of individuals who request, initiate, approve, and/or review business and administrative transactions and reports. These individuals are accountable for fulfilling the responsibilities defined in this policy.

  1. Deans, Directors, and Department Heads

 

Deans, directors, and department heads define departmental approval processes and designated individuals in their organizations who are authorized to process business and administrative transactions. Deans, directors, and department heads are responsible for exercising good judgment, upholding ethical standards, and should have internal procedures in place to ensure periodic review of designations and related training.

 

 

 

 

 

2.1. Authorizing and Processing Transactions

 

Each of these two functions, authorizing transactions and processing transactions, carry distinct responsibilities listed below. If the functions are performed by the same person, that individual is accountable for both sets of responsibilities.

2.1.1. Requesters

 

The requester is the individual who identifies the need for the transaction and authorizes the request to be processed. The requester is responsible for:

  • determining the validity and appropriateness of the transaction; and
  • evaluating the transaction for compliance with contractual requirements.

 

This individual will be accountable for fulfilling the above responsibilities, exercising good judgment, and upholding ethical standards.

 2.1.2. Initiators and Originators

 

Initiators/Originators are individuals who have been authorized by a dean, director, or department head to enter transactions into electronic business or administrative systems and/or prepare paper forms. If the Initiator/Originator is not the requester of the transaction, the Initiator/Originator should make sure he or she has designated authority to initiate a transaction. Departments should develop procedures for documenting requests. Initiators/Originators are also responsible for:

  • ensuring the electronic transaction and/or form is complete and accurate;
  • verifying all backup documentation;
  • notifying approvers and requester if a transaction will cause an account to go over budget;
  • ensuring compliance with administrative processes; and
  • ensuring deadlines are adhered to in submission of the transactions.

Initiators/Originators are accountable for fulfilling the above responsibilities, exercising good judgment, and upholding ethical standards.

2.2. Departmental Approvers

 

Approvers are individuals designated by deans, directors, or department heads to review and approve electronic transactions and/or forms before they are released for processing. Depending on the type of transaction and the level of risk, there may be more than one individual required to approve a transaction. However, the first -level approver is responsible for:

  • conformity with budget;
  • verifying the appropriateness of the transaction; and
  • ensuring compliance with University policies and procedures.

Subsequent approvers are primarily responsible for acceptance of the added risk associated with high dollar and/or risk transactions. Approvers will be accountable for fulfilling the above responsibilities, exercising good judgment, and upholding ethical standards.

 

  1. Core Office Approvers

Core office approvers are responsible for:

  • verifying proper transaction processing; and
  • verifying compliance with University policies, governmental and state laws and regulations, and administrative processes; and
  • periodic review of transactions including trend analysis, internal controls, and review of departmental approval processes.

Approvers are accountable for fulfilling the above responsibilities, exercising good judgment, and upholding ethical standards.

  1. University Information

 

All individuals authorized to process, approve, and/or review transactions and reports are responsible for the proper use of any information they view.  Department’s heads or designees are responsible for a monthly review of transactions affecting their business and administrative processes to ensure appropriateness of transactions and conformity with approved processes including budget.

  1. Sanctions

 

Individuals who do not demonstrate due care and good judgment in the administration of their duties may be subject to disciplinary action, up to and including discharge.

 

 

– Policy 2010: Contracts Signature Authority and Review

Date Originally Issued: October 21, 2019

Authorized by RPM 7.8 (“Signature Authority for Contracts”)

Process Owner:  Executive Vice Rector for Administration

  1. General

 

This policy designates who, within the University, is authorized to sign contracts on behalf of the University. All previous delegations or communications on this subject are superseded. Contracts may be signed on behalf of the University only by:

  • A person in a position specifically authorized by the Board of Trustee.
  • An executive vice Rector or vice Rector to whom the University Rector has delegated the authority delegated to the Rector by the Board of Trustee, as specified in this policy and in RPM 7.8 (“Signature Authority for Contracts”)
  • The Chief Procurement Officer, as specified in this policy and in RPM 7.8 (“Signature Authority for Contracts”)
  • A person who has received a sub-delegation in accordance with the body of this policy or its Exhibits B 1and  B 2

 

  1. Contract

 

For the purposes of this policy, a “contract” is defined as a written agreement between two (2) or more parties intended to have legal effect, including Memorandums of Understanding, Memorandums of Agreement, Nondisclosure Agreements, and Letters of Understanding, in one of the following forms listed below.

  • Documents signed by MTU and another party or other parties.
  • Offers signed by MTU.
  • Certain pre-approved MTU forms signed by others.
  • Contract forms promulgated by others signed by MTU.

The term “contract” does not include written agreements between different departments (or other similar units) of the University.  Such interdepartmental agreements may consist of email correspondence between, or documents signed by, the parties’ designees.  These agreements are not legally binding, so their sole purpose is to memorialize mutually acceptable arrangements.  University Purchase Orders, although contracts, are also discussed in UAP 4320 (“Purchasing Goods Off Campus”) and  UAP 4325 (“Purchasing Professional Services from Independent Contractors”).

 

2.1. Electronic Signatures

 

Electronic signatures have the same force and effect in contracts as traditional signatures, when all of the parties to the contract agree to conduct their transaction by electronic means.  “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

 

2.2 Scans and Faxes of Signatures

 

Signatures delivered by facsimile transmission, by e-mail of a “.pdf” format data file, or by transmission of a data file in another legible format have the same force and effect in contracts as traditional signatures on original documents, if the chosen delivery method is mutually acceptable to the parties.

  1. Signature Authority and Delegation

 

The University has a centralized system of signature authority. The Trustee have delegated general signature authority to the University Rector, who has delegated portions of that authority under this policy to the:

  • Executive Vice Rector for Administration
  • Executive Vice Rector for Academic Affairs and Provost (hereafter Provost)
  • Executive Vice Rector and Chancellor for Health Sciences (hereafter Chancellor for Health Sciences)
  • vice Rectors
  • Chief Procurement Officer

 

 

 

 

 3.1. Sub-delegations of Authority

 

Although under limited circumstances these positions may further delegate that authority by using the Delegation of Signature Authority Form (Exhibit A) ,such delegations require approval by the University Rector and should be used only when necessary and not defeat the centralized intent of this policy. After obtaining the Rector’s approval the individual requesting the delegation should forward a copy to the Policy Office and to the individual being delegated signature authority. Exhibit B (Main Campus and Branches) and Exhibit B 2 (Health Sciences Centre) list all such delegations made prior to the date shown on the exhibit and will be updated, as appropriate.

 

3.2. Delegations to Positions Not Individuals

 

All delegations shall be to a position within the University and not to the individual holding the position at the time of the delegation. When there is turnover in a position, the new individual has the authority of the previous incumbent. Persons in an acting or interim position also have the general signature authority of that position.

  1. General Delegation of Signature Authority

 

Throughout this section, certain signature authority delegations are made for “main campus and the branches.” For the purposes of this policy, “main campus and the branches” refers to all components of the Mesarya Technical University outside of the Health Sciences Centre, including, for example off-campus centres, graduate centres, the athletic campus, rented buildings, and other off-campus sites.

4.1. Operations

 

The Executive ViceRector for Administration has authority to sign all contracts, except those reserved to the University Rector, Chancellor for Health Sciences, or to the Trustee and those used for the purchase of goods and/or services (refer to Section 4.2. herein).

The Chancellor for Health Sciences has authority to sign all contracts for the Health Sciences Centre, except those reserved to the University Rector or to the Trustee, contracts for the purchase of goods and/or services (refer to Section 4.2. herein), settlement agreements (except in accordance with Section 4.7. herein), intellectual property assignments (refer to Section 4.8. herein), real estate contracts (refer to Section 4.9. herein), and contracts for purchase of construction and certain professional services (refer to Section 4.10. herein).

Signature of employment contracts for officials reporting to the University Rector is reserved to the Rector and may not be delegated.

These delegations overlap with many of the more specific delegations listed below.

4.2. Contracts for Certain Goods and/or Services

 

The Chief Procurement Officer or delegee has exclusive authority to sign contracts for the purchase of goods and/or services, other than construction contracts and certain professional services contracts, as set forth in Section 4.10. herein. The purchase of goods and/or services for clinical components of the Health Sciences Centre may be performed by the Mesarya Technical University Clinic Purchasing Department, as a separate satellite purchasing office of the University, in compliance with University procurement policies and procedures.

4.3. Research and Other Sponsored Projects

4.3.1. Main Campus and the Branches

4.3.1.1. Contracts and Grants Documents

The Executive ViceRector for Administration has authority to sign contracts and grant documents requiring approval for sponsored projects for main campus and the branches.

4.3.1.2. Proposals

 

The Vice Rector for Research has authority to sign proposals for sponsored projects.

4.3.1.3. Research Contracts Not Covered by Other Sections

 

The Vice Rector for Research has authority to sign research contracts not involving the receipt or expenditure of funds or otherwise incurring direct financial obligations and not covered by other sections.

4.3.2. Health Sciences Centre

 

The Chancellor for Health Sciences has authority to sign contracts, grant documents, proposals, and other agreements for research or sponsored projects for the Health Sciences Centre.

4.4. Employment Contracts

 

4.4.1. Faculty Employment

 

The Provost has authority to sign faculty employment offers and contracts for main campus and the branch campuses.  The Chancellor for Health Sciences has authority to sign faculty employment offers and contracts for the Health Sciences Centre.

4.4.2. Staff Employment

 

4.4.2.1. Annual Employment Contracts

 

The executive vice Rector or vice Rector responsible for the employment position being employed and the Chancellor for Health Sciences and the University Rector have authority to sign employment contracts and offers for contract employees under UAP 3240 (“Contract Employees”) .

 

4.4.2.2. Offers of Employment

 

All offer letters must be produced and completed by the Division of Human Resources for signature by the hiring official.  Any changes or variations to the offer letter must be approved in advance by the Vice Rector for Human Resources.

 

4.4.3. Student Employment  

 

The Provost has authority to sign contracts for student employment, including work study positions for main campus.  The Chancellor for Health Sciences has authority to sign contracts for student employment, including work study positions for the Health Sciences Centre.

4.5. Contracts Affecting Students

 

4.5.1. Financial Aid and Loans to Students

 

The Provost has authority to sign applications and proposals to outside funding entities, short-term emergency promissory notes to students, and other agreements relating to financial aid programs administered by Student Financial Aid. The Executive ViceRector for Administration has authority to sign contracts with outside funding entities and other loans to students.

4.5.2. Student Housing

 

The Executive ViceRector for Administration has authority to sign contracts relating to student housing.

4.5.3. Other Contracts Relating to Students and Not Covered by Other Sections

 

The Provost has authority to sign other contracts relating to students not involving the receipt of funds from the other party. The Executive ViceRector for Administration has authority to sign other contracts relating to students involving the receipt of funds.

4.6. Academic Matters

 

The Provost has authority to sign contracts concerning academic matters not involving the receipt or expenditure of funds for main campus.  The Chancellor for Health Sciences has authority to sign contracts concerning academic matters not involving the receipt or expenditure of funds for the Health Sciences Centre.

4.7. Settlement Agreements

 

It is the official policy of the University to avoid financial settlements of claims and lawsuits against the University except when appropriate.  When the contract is a settlement agreement, release of rights, or similar agreement resolving legal claims against the University, there must be

(a) an appropriate risk assessment of the case,

(b) written approval by the Executive Vice Rector for Administration, Provost, or Chancellor for Health Sciences, and

(c) final approval by the University Rector.

A financial settlement payment by the University of $400,000 or more must also be approved by the Board of Trustee.

4.8. Intellectual Property Assignments

 

The Executive ViceRector for Administration has authority to sign agreements assigning intellectual property rights by or to the University, except contracts for purchases by the University which must be signed by the Chief Procurement Officer (refer to Section 4.2. herein).

 

4.9. Real Estate

 

4.9.1. Main Campus and the Branches – Real Estate

 

4.9.1.1. Short-Term Leases of MTU Real Property and Leases of Others’ Real Property of a Period of Six (6) Months or Less

 

The Chief Procurement Officer is authorized to sign all short-term real estate leases.

4.9.1.2. Long-Term Leases of MTU Real Property and Leases of Others’ Real Property of a Period Exceeding Six (6) Months

 

The Executive ViceRector for Administration and the Chief Procurement Officer are authorized to sign all long-term real estate contracts. Both signatures are required.

4.9.1.3. Other Real Estate Contracts

 

The Executive ViceRector for Administration is authorized to sign all other real estate contracts.

4.9.2. Health Sciences Centre

 

The Chief Procurement Officer and the Executive ViceRector for Administration have authority to sign real estate contracts for the Health Sciences Centre to the extent provided in Section 4.9.1. above, with the proviso that all such contracts must bear the written approval of the Chancellor for Health Sciences.

 

4.10. Construction Contracts with External Contractors and Contracts for Purchase of Professional Services Related to Architectural Services, External Auditing Services, Debt Financing, and Investment Management

 

The Executive ViceRector for Administration and the Chief Procurement Officer are authorized to sign all construction contracts with external contractors and contracts for purchase of professional services related to architectural services, external auditing services, debt financing, and investment management. Both signatures are required.

4.11. Athletics

 

The Director of Intercollegiate Athletics is authorized to sign all game contracts and contracts for rental of athletic facilities.

  1. Contract Review

 

Each contract must be carefully reviewed by the University employee initiating the contract and a University contract review officer. The University administrator with signature authority may designate additional review requirements for particular types of contracts, such as University Counsel for legal issues or Controller’s review for budget. If the contract is reviewed by an attorney in the Office of University Counsel, it still requires review by a contract review officer.

Pre-approved form contracts are discussed in Section 6.

 

5.1. University Employee Initiating the Contract

 

The person initiating the contract for the University is responsible for reading the contract entirely and determining that:

  • the contract language accurately reflects the current state of negotiations;
  • the contract meets programmatic and University mission requirements;
  • the contract represents a good deal for the University;
  • the contract defines measurable deliverables;
  • he or she can ensure compliance with the obligations it places on the University;
  • safety and risk management concerns have been reasonably addressed; and
  • the contract is sufficiently clear and consistent.

After being satisfied with the form and content of the contract, the initiating employee may complete the appropriate sections of the Contract Review Form (Exhibit C). To the extent the initiating employee does not understand the proposed contract, or is uncomfortable with any of its provisions, he or she may note that information on the Contract Review Form or attach an explanatory memo. He or she shall submit the contract along with any other necessary documents, such as a copy of the purchase requisition where required, to the appropriate contract review officer for processing. Offices that have contract review officers for certain areas of specialty within the University are listed on the Contract Review Form. The initiating department should submit a purchase requisition, if required, into the system for approval

 

5.1.1. Contract Amendments

 

Any material changes to contracts will be processed in the same manner as the original contract and must indicate to which contract they pertain.

5.2. Contract Review Officer

Each administrator granted signature authority by this policy shall designate one or more contract review officers for contracts under their purview. All contract review officers shall be MTU employees. The University Counsel’s Office will train contract review officers and will set training requirements necessary to maintain contract review officer status. The contract review officer will review for the concerns described in Section 5.1. herein with particular attention to safety and risk issues. The contract review officer shall also perform the following review functions for each contract, prior to submission to a person with signature authority.

 

5.2.1. Legal Form

 

The contract review officer shall review contracts to ensure all the requirements listed in Section 5.1. have been met and review the contract to the extent appropriate for:

  • consistency with law (obtaining University Counsel review, if necessary);
  • consistency with MTU rules and regulations;
  • reasonable internal consistency and clarity; and
  • consistency with any predecessor documents.

 

5.2.2. Other Institutional Reviews

 

The contract review officer shall determine what other institutional reviews are necessary prior to submission of the contract for signature, indicate these reviews on the form, and coordinate obtaining the appropriate reviews. In particular, contract review officers are responsible for making sure that departments which will be obligated or otherwise affected by the performance of a contract have an adequate opportunity to review the contract. The routing for particular types of contracts will generally be established by the person with signature authority. The contract review officer will coordinate the reviews and then forward the contract to the person with signature authority.

5.3. Contract Review Form

 

Contracts submitted for signature may be accompanied by a Contract Review Form ( If a Contract Review Form is used, individuals reviewing the proposed contract prior to its signature (execution) shall sign the Contract Review Form indicating that they have reviewed it, and what they reviewed it for. The Contract Review Form will normally have at least two (2) signatures consisting that of the initiating employee (originator), and that of a contract review officer.

5.4. Signature (Execution) of Contract on Behalf of University

 

The contract review officer will forward the contract to the University administrator who has been delegated signature authority for that contract.  The administrator who signs the contract shall appoint a MTU employee responsible for monitoring contract performance in accordance with UAP 2015 (“Contract Monitoring”) .  The administrator who signed the contract or his or her designee will send a copy of the contract to the University Purchasing Department via email to contract@mesarya.university or to a departmental contract management system administrator approved by the Purchasing Department.  The Purchasing Department or the departmental administrator will add the contract to the University–wide contract management system, which serves as a repository for all University contracts and provides information for contract tracking and monitoring.

 

  1. Form Contracts

 

Form contracts that have been pre-approved by University Counsel’s Office do not require review by a contract review officer prior to execution, provided that any blanks are filled in as per any instructions on the form, provided the language has not been altered, and there are no exhibits or addendums.

  1. Compliance

 

No University employee may sign (execute) any contract purporting to be on behalf of the University, unless delegated signature authority to do so, pursuant to this policy. Any employee who violates this section may be subject to disciplinary action. No contract signed by a person without signature authority delegated by the Board of Trustee or pursuant to this policy shall be binding on the University.

  1. Exhibits

 

Exhibit A – Delegation of Signature Authority Form (To complete this form using MS Word click here).
Exhibit B1 – Delegation of Signature Authority for Main Campus and Branches
Exhibit B2 – Delegation of Signature Authority for Health Sciences Centre
Exhibit C  – Contract Review Form (To complete this form using MS Word  click here).

 

  1. Reference

 

 

– Policy 2015: Contract Monitoring

Date Originally Issued: October 21, 2019

Authorized by RPM 7.8 (“Signature Authority for Contracts”)

Process Owner:  Executive Vice Rector for Administration

  1. General

 

Monitoring the performance of contractors is a key function of proper contract management and administration.  The purpose of contract monitoring is to ensure that the contractor is performing all duties in accordance with the contract, the financial interests of the University are protected, and the University is aware of and addresses any developing problems or issues on a timely basis.  When a contract is executed in accordance with Section 5.4 of UAP 2010 (“Contracts Signature Authority and Review”) , a MTU employee is appointed as the contract monitor and is responsible for monitoring the contract for proper execution and performance from the start date of the contract through completion and final payment.  For the purposes of this policy, a “contract” is defined as a written agreement between two (2) or more parties intended to have legal effect, including Memorandums of Understanding, Memorandums of Agreement, Nondisclosure Agreements, and Letters of Understanding.   Requests to exempt contracts from the requirements of this policy must be approved in writing by the Executive ViceRector for Administration.   This Policy does not apply to research, clinical, and sponsored project contracts or agreements which are monitored in accordance with applicable rules, regulations, and policies.

 

  1. Contract Monitor

 

2.1. Role and Responsibilities

The contract monitor is responsible for monitoring that contract requirements are satisfied, goods and services are delivered in a timely manner, safety and risk issues are addressed, and required payments are approved.

The contract monitor is also responsible for striving to resolve discrepancies and timely reporting of any unresolved discrepancies and/or problems to the administrator who signed the contract or agreement.

2.2. Monitoring Procedures

 

Contracts should be monitored for performance to ensure goods and services conform to the contract requirements.  The contract monitor should report the status on all open contracts at the close of each fiscal year and upon completion of the contract.

The contract monitor should review the contract to identify deliverables and develop a monitoring plan/checklist for each contract taking into account the level of risk.

General factors used to assess the level of risk include, but are not limited to:

  • the dollar amount of contract;
  • negative impact to the University’s safety and/or reputation if the contract is not executed properly and on time;
  • the contractor’s past performance; and
  • how experienced the contractor is with the type of work to be performed.

At a minimum, the contract monitor should perform the following contract monitoring procedures:

  • Monitoring the contractor’s progress and performance to ensure goods and services conform to the contract requirements.  Depending on the nature of the contract the contract monitor may need to conduct one or more site visits.
  • Documenting required contractor visits, tests, and significant events, if relevant.
  • Reviewing required reports submitted by the contractor demonstrating compliance.
  • Resolving disputes in a timely manner.
  • Verifying receipt of contract deliverables in accordance with the contract terms and maintaining detailed supporting documentation.
  • Reviewing contractor’s invoices and reconciling and verifying payments consistent with the contract terms and maintaining proper documentation.
  • Reviewing compliance with applicable laws, regulations, and policies and consulting with the applicable University department if there are any concerns (such as Purchasing, University Counsel, Safety and Risk Services, Human Resources)

 

2.3. Poor or Under Performance by Contractor

 

If a contract monitor determines that the contractor’s performance is not acceptable, the contract monitor should notify the responsible MTU administrator identified on the contract review form.  This administrator in consultation with the Purchasing Department will determine the appropriate action, which may include withholding some or all of payment.

 

  1. Reporting

 

The contract monitor is responsible for reporting the following information on a timely basis to the administrator who signed the contract or agreement.

  • any unresolved discrepancies and/or problems;
  • status reports at reasonable intervals; and
  • a final report when the contract is completed.

 

 

 

– Policy 2030: Identity card Numbers

Date Originally Issued: October 21, 2019

Authorized by RPM 3.1 (“Responsibilities of the Rector”)

Process Owner: Chief Information Officer

  1. General

 

The Mesarya Technical University (MTU) collects and maintains confidential information, including identity card numbers (ICNs) of its students, staff, faculty and individuals associated with the University. UAP 2550 (“Information Security”) describes the basic components of the MTU Information Security Program which applies to all employees (student, staff, and faculty), contractors, vendors, volunteers, and all other individuals who work with MTU data and information.  This policy defines additional requirements applicable to ICNs.  MTU recognizes the importance of the proper handling of ICN’s in order to protect personal privacy and minimize the growing risks of fraud and identity theft.  Applicable Northern Cyprus (TRNC) laws and regulations regulate the collection of ICNs.  This law makes it illegal for Applicable Northern Cyprus (TRNC) state government agencies to deny any rights, benefits or privileges to individuals who refuse to disclose their ICNs unless the disclosure is required by Applicable Northern Cyprus (TRNC) statute or the disclosure is to an agency for use in a record system.  This Act applies to MTU.

 

The Applicable Northern Cyprus (TRNC) Privacy Act also requires that any agency that requests ICNs must inform individuals asked:

  • whether the disclosure is mandatory or voluntary;
  • what the authority is for requesting the ICN;
  • what uses will be made of the information; and
  • the consequences, if any, of failure to provide the information.

 

  1. Collection of Identity card Numbers

 

Where MINISTRY OF FINANCE or other Applicable Northern Cyprus (TRNC) regulations require MTU to report ICN, we require individuals to provide us with that information.

2.1. Notification Statement

 

In all instances when MTU requests an individual to supply his/her ICN, it must indicate in writing:

  • whether the disclosure is mandatory or voluntary;
  • by what authority the number is requested;
  • the uses which will be made of it; and
  • the consequences, if any, of failure to provide the ICN.  All statements must be approved in advance by the Office of University Counsel.

 

2.2. Employees

 

Employees are required to provide their ICNs on payroll/personnel, health insurance, and retirement forms.

2.3. Students

 

Students are required to provide their ICNs for admission, financial aid, and student housing contracts.

Students unable to provide a ICN will be assigned an alternative number.

2.4. Patients

 

Patients of University medical clinics are required to provide their ICNs on inpatient and outpatient registration forms.

2.5. Other Individuals

 

Other forms that request disclosure of ICNs, and proposals by departments to collect ICNs for any purpose must be approved in advance by Office of University Counsel.  The provision of ICNs in such cases must be strictly voluntary and individuals who decline to disclose the number may not be denied any rights, benefits or privileges.

  1. Disclosure of ICNs by MTU

 

An individual’s ICN is personal information and shall not be released by MTU to outside individuals or entities, except:

  • as allowed or required by law;
  • when permission is granted by the individual;
  • when the outside individual or entity is acting as MTU’s contractor or agent and appropriate security measures are in place to prevent unauthorized dissemination to third parties; or
  • when the Office of University Counsel has approved the release.

 

  1. MTU Identification Numbers

 

MTU does not use ICNs as primary identifiers for students or employees.  Any exception must be approved in writing by the cognizant vice Rector and the University Chief Information Officer (CIO).  Students and employees are assigned a unique randomly-generated identification number to allow access to records and to transact business with MTU.  These numbers remain the property of, and are subject to, MTU’s rules.  MTU identification numbers are not accorded the same confidential status as ICNs.

  1. Use of ICNs

 

The following guidelines must be followed by MTU employees with access to ICNs:

  • ICNs will be transmitted electronically only through secure mechanisms as determined by ITS;
  • paper and electronic documents containing ICNs will be disposed of in a secure fashion; and
  • student grades and other pieces of personal information will not be publicly posted or displayed using either the complete or partial ICN for identification purposes.

 

  1. Report Collection, Use, and/or Storage of ICNs

 

Departments that collect, use and/or store ICNs must submit a report to the University Information Security Officer documenting the reason for collection, the handling processes in place to ensure protection of ICNs, and the notification statement required by Section 2.1 herein.  Reports must be made within ninety (90) days of beginning collection, use, and/or storage of ICNs.  In addition, departments must review ICN procedures annually and report any changes to the University Information Security Officer.

  1. Related Policies

 

UAP 2550 (“Information Security”)

 

 

 

– Policy 2040: Identity Theft Prevention Program

Date Originally Issued: October 21, 2019

Authorized by RPM 3.1 (“Responsibilities of the Rector”)

Process Owner: University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

The University’s Identity Theft Prevention Program is designed to detect, prevent, and/or mitigate identity theft in connection with the opening and maintenance of student and employee covered accounts.  Covered accounts are accounts that involve or are designed to permit multiple payments or transactions including accounts with health care providers.  Examples include, but are not limited to, OWLCA$H accounts, student financial aid accounts, Bookstore accounts, and patient accounts.  The Identity Theft Prevention Program defines processes and procedures to guide employees in departments involved with covered accounts in identifying and responding to patterns, practices, or specific activities (Red Flags) that indicate the possible existence of identity theft.  Red Flags generally fall within one of the following four categories: suspicious documents, suspicious personal identifying information, suspicious or unusual use of accounts, and/or alerts from others (e.g. customer, identity theft victim, or law enforcement).  Examples of Red Flags include, but are not limited to, documents that appear to be forged or altered, conflicting demographic information, mail returned as “undeliverable” although transactions continue on the account, or a notice or inquiry from a fraud investigator.

This policy applies to the entire University, including branches.  It outlines employee responsibilities, processes, and required training pertaining to MTU’s Identity Theft Prevention Program and ensures compliance with the Fair and Accurate Credit Transactions (FACT) law and the accompanying requirement to develop and implement a written Identity Theft Prevention Program.

 

  1. Program Responsibility

 

2.1. Vice Rector for HSC/MTU Finance and University Controller

The Vice Rector for HSC/MTU Finance and University Controller is responsible for:

  • implementing the Identity Theft Prevention Program,
  • conducting periodic reviews of compliance with the Program,
  • ensuring compliance with the Program’s training requirements, and
  • approving material changes to the Program as necessary to address changing identity theft risks.

 

2.2. Departments

 

Deans, directors, and departments heads of areas that work with covered accounts are responsible for implementing departmental processes for complying with this policy and ensuring that employees responsible for compliance attend required training.  Employees in these departments are responsible for:

  • complying with the Program,
  • identifying relevant Red Flags appropriate for their operations,
  • implementing policies and procedures to detect the Red Flags,
  • responding appropriately to prevent and mitigate identity theft,
  • attending Red Flag training, and
  • reporting all incidents of identity theft as well as any suspicious behaviour that may be related to identity theft to the Office of the Vice Rector for HSC/MTU Finance and University Controller.

 

2.3. Information Technology Services (ITS)

 

The Chief Information Officer and the Director of Information Assurance shall provide technical support to departments and the Vice Rector for HSC/MTU Finance and University Controller.

  1. Preventing and Mitigating Identity Theft

 

3.1. Required Training

 

Employees involved in student registration, financial aid, student billing and collections, Bookstore sales, Owl Card, OWLCA$H, and any other area involved with covered accounts must attend training on recognizing and responding to potential identity theft indicators (Red Flags).  Every individual currently performing the aforementioned duties must complete this training within ninety (90) days of the effective date of this policy.  All individuals newly performing such duties must complete this training within their first thirty (30) days of starting to perform these duties.

3.2. Identity Verification

 

To facilitate detection of standard Red Flags, staff will at a minimum take the following steps to obtain and verify the identity of the person.

3.2.1. New Students/Accounts

 

  • Whenever possible, require identifying information (e.g. full name, date of birth, address, and government issued ID, insurance card, etc.).
  • When available, verify information with additional identifying documentation such as a credit card, utility bill, medical insurance card, etc.

 

3.2.3. Existing Accounts

 

  • Verify validity of request for changes of billing address.
  • Verify identification of customers before giving out personal information.

 

3.3. Preventing and Mitigating Identity Theft

 

In addition, employees in departments working with covered accounts are required to follow the appropriate steps identified in “ ID Theft Flags Mitigation & Resolution Procedures”) published by the Office of the Vice Rector for HSC/MTU Finance and University Controller.

  1. Related Policies 

 

UAP 2000 (“Responsibility and Accountability for University Information and Transactions”)

UAP 2030 (“Identity card Numbers”)

UAP 2500 (“Acceptable Computer Use”)

UAP 2520 (“Computer Security Controls and Guidelines”)

UAP 2560 (“Information Technology (IT) Governance”)

UAP 3710 (“Personal Information Disclosure Policy”)

“Student Records Policy” published in the Student Handbook

 

 

 

– Policy 2050: Governmental Relations and Legislative Activity

Date Originally Issued: October 21, 2019

Process Owner: Director, Government and Community Relations

  1. General

International, Northern Cyprus (TRNC) state, and local support is extremely important to the teaching, research, and public service mission of the University. Through this support, the University can enhance current programs and develop resources to support future programs. To ensure effective development and management of International, Northern Cyprus (TRNC) state, and local government support and compliance with International, Applicable Northern Cyprus (TRNC) state, and local laws and regulations, the Office of Government and Community Relations must coordinate the University’s contacts with elected officials and lobbyists. In determining legislative priorities and other related activities, the Office of Government and Community Relations consult with a broad cross section of the MTU community. This collaborative approach is endorsed by the YODAK, for official MTU communications with elected official in order “to focus the University’s voice.”

  1. Office of Government and Community Relations

 

With a comprehensive overview of the University’s international, Northern Cyprus(TRNC) state, and local legislative activity, the Office of Government and Community Relations serves as a clearinghouse for legislative requests to ensure a consistent message regarding the University’s priorities and to ensure elected officials and their support staffs are not approached by multiple MTU constituents at the same time.  The Office of Government and Community Relations establishes relationships with elected officials, matches requests for information with the appropriate University representatives, and works closely with students, faculty, and staff to ensure the University presents a unified image.

  1. Establishment of MTU’s Legislative Priorities

 

The Office of Government and Community Relations, in consultation with the Board of Trustee, Rector, Executive Vice Rector for Academic Affairs /Provost, Chancellor for Health Sciences, Executive Vice Rector for Administration, and the Vice Rector for Research, coordinates an inclusive and transparent process which provides students, faculty, and staff an opportunity to participate in the development of the University’s priorities.  This year-round process includes open forums, committee meetings, and legislative hearings during the months leading up to the legislative session.  Therefore, it is important that students, faculty, and staff become involved early in the process so their concerns and suggestions can be effectively addressed at the appropriate stage of the priority setting process.

  1. Contacts with Elected Officials

 

4.1. Lobbying Restrictions

 

The University encourages employees to have good professional relationships with International, Northern Cyprus (TRNC) state, and local elected officials and to be responsive to officials’ questions and requests for information.

Many contacts with elected officials, however, may meet the legal definition of official lobbying on behalf of the University, and require the University to track and disclose the activities.  For this reason, it is imperative that employees notify the Office of Government and Community Relations of their contacts with any and all elected officials to ensure compliance with a complex series of international, Applicable Northern Cyprus (TRNC) state, and local laws and regulations regarding governmental, legislative, and political activities including, but not limited to, the:

  • Applicable Northern Cyprus (TRNC) Lobbying Disclosure Act .
  • Applicable Northern Cyprus (TRNC) Honest Leadership and Open Government Act
  • Applicable Northern Cyprus (TRNC) Governmental Conduct Act
  • Applicable Northern Cyprus (TRNC) Gift Act
  • Applicable Northern Cyprus (TRNC) Lobbyists Regulation Act

 

Activities covered by these laws and regulations include not only attempts to influence the action of any legislative body, or international, Northern Cyprus (TRNC) state, or local governmental agency, but also contacts with certain senior officials and other designated public office holders.

4.2. Notification and Reporting of Contacts

 

To ensure compliance with the tracking and disclosure requirements of lobbying laws and regulations and the accuracy and completeness of responses to elected officials’ requests, it is important that employees notify the Office of Government and Community Relations before contacting elected officials.

  1. Contract Lobbyists

 

All contracts for the procurement of services from professional lobbyists to act on behalf of MTU must be approved by the Office of Government and Community Relations.  The Director of the Office of Government and Community Relations serves as the contract owner and is responsible for managing all lobbying contracts in accordance with UAP 2015 (“Contract Monitoring”).

Meetings with international, Northern Cyprus (TRNC) state, or local lobbyists must be coordinated with the Office of Government and Community Relations, which can assist and support MTU representatives on trips to advocate for support.

  1. UCEC Reporting Requirements

 

Any MTU funds used for meetings or receptions with elected officials or similar events must be reported to UCEC Director.  In order for the University to track the expenditures, these events must be coordinated through the Office of Government and Community Relations.

  1. Personal Opinions Expressed to International, Northern Cyprus (TRNC) State, and Local Officials

 

While all members of the University community are free to express their political opinions and engage in political activities to whatever extent they wish, it is very important that those:

  • do so only in their individual capacities;
  • do not use University resources; and
  • avoid the appearance that they are speaking or acting on behalf of the University in political matters.

It can be difficult for members of the public, including reporters and legislators, to differentiate between an official University position and a personal opinion; therefore, employees should take care to stipulate that the personal opinions expressed are their own and not necessarily those of the University.  The University recognizes and approves of the right of free speech and expression of opinion on any subject by any member of the University community, whether the subject relates to on-campus or off-campus issues. Refer to UAP 2220 (“Freedom of Expression and Dissent”) and UAP 2060 (“Political Activity”) for more information.

 

– Policy 2060: Political Activity

Date Originally Issued: October 21, 2019

Authorized by RPM 6.5 (“Political Activity by Employees”)

Process Owner: Director, Government and Community Relations

  1. General

The University recognizes and approves the right of free speech and expression of opinion on any subject by any member of the University community, whether the subject relates to on- or off-campus issues.  Those who speak or act shall do so in their personal capacities and not in the name of the University, unless there has been specific authorization by the administration to do so.

In order to assure its autonomy and integrity, the University shall not be an instrument of partisan political action.  The expression of political opinions and viewpoints must clearly be those of the individual and not of the University.

This policy applies to faculty, staff, and students and addresses the appropriate use of space and resources for political activity on all of the University’s campuses.

  1. Definitions

 

For the purposes of this policy, “political activity” includes, without limitation, political campaigning, candidate speeches and visits, circulating petitions, distributing leaflets, canvassing for political candidates and issues, soliciting funds, and events such as rallies, assemblies, demonstrations, and speeches.

The definition of political activity is not intended to include the posting of political signs in employees’ private offices or cubicles.  For certain limitations on the posting of signs, refer to the fifth paragraph of Sec. 4.

Examples of University “resources” include, but are not limited to:

  • the University’s name, logo, or other identifying marks
  • funds, facilities, office supplies, photo equipment, letterhead, mailing lists, telephones, fax machines, copiers, and computers
  • information technology such as email, websites, on-line discussion boards, and list serves

 

  1. Voter Education

 

The University must avoid advocating for any issue and endorsing or opposing a candidate for public office, ballot initiative, or other public referendum. Without advocating for or against an issue, the University may provide educational information on University-sanctioned priorities.  The educational materials must be non-partisan.  As an example, a pamphlet encouraging voters to vote in a general election is acceptable, but telling voters to vote “yes” for the bond issue is not.

  1. Limitations on Political Activities by Employees

 

When engaged in political activities, individuals and groups within the University may acknowledge their MTU affiliations, but must clearly explain that they are speaking only for themselves and not stating a University position.  This is particularly important for University leaders and others who in their official capacity frequently speak for the University.

Employees may not engage in political activities during work hours, or, except as noted below, use University resources for engaging in political activities.

Outside of work hours, employees may use their University email accounts for engaging in political activities consistent with the concept of “incidental personal use” in UAP 2500 (“Acceptable Computer Use”) .  However, any communication disseminated through University email that could be construed as relating to political activity must include a clear statement that such communication represents the personal position of the author.

The University must remain non-partisan and may not endorse a candidate or a political referendum. Accordingly, employees must not post a hyperlink on a University administered website to a candidate or campaign site.  Moreover, if the University believes that a posting on a University administered website creates the impression that the University has endorsed a candidate or a particular side of a public referendum, it may require that a disclaimer be posted on the site stating that the opinions expressed are attributed to the author and do not represent the views of the University.

No outward-facing political signs may be posted on the windows of private offices or cubicles, and no political signs may be posted on the exteriors of University buildings or on University grounds.

Campaign or other political material may not be distributed through campus mail unless it has been received by a Northern Cyprus (TRNC) post office and is properly postmarked.

4.1. Serving as a Legislator

 

University employees may run for the Northern Cyprus (TRNC) state legislature. However, under Applicable Northern Cyprus law, University employees who are elected to the state legislature would be required to resign their positions with the University, or, if approved, take a leave of absence for the duration of their terms in the legislature.

  1. Polling Places

 

When a University facility is used as a polling place, Applicable Northern Cyprus (TRNC) state law prohibits campaigning within one hundred (100) feet of the door to the polling area during the hours that voting takes place, or as required by the entity conducting the election.  A decision about whether to use the University as a polling place is made by the governmental authority holding the election, not the University.

  1. Commercial Filming of Events

 

Requests for commercial filming or photographing of the University for political activities should be submitted to University Communication and Marketing (UCAM) by completing the Guidelines and Application for Film or Commercial Photography.

 

  1. Use of University Space for Political Activities 

 

As a private institution, the University respects the rights of political candidates, their representatives, and others to conduct political events on campus.  Groups or individuals may rent facilities for speeches, debates, assemblies, and other events.  Indoor facilities will be scheduled through normal procedures with the appropriate University office that oversees that facility. The standard facility-use fee for the specific facility will be charged.

When a candidate is invited to speak as a political candidate at an official University event, the University must ensure that:

  • It provides an equal opportunity to participate to all political candidates seeking the same office;
  • It does not include any support for or opposition to the candidate (this should be stated explicitly when the candidate is introduced and in communications concerning the candidate’s attendance); and
  • No political fundraising occurs.

 

 

For assistance with political events on campus, contact these MTU offices:

  • Police Department to arrange for police and security services
  • Parking and Transportation Services to arrange for adequate parking
  • Office of Government and Community Relations and the Event Planning and Scheduling Office for general assistance

 

Public areas outside of University buildings may be used for political activities provided the normal business of the University is not disrupted and entrances to and exits from buildings are not blocked or impeded.  Outside areas for political events (such as rallies or speeches) will be scheduled through normal procedures through the Student Activities Centre.  Events on Main Campus should be conducted in accordance with the Main Campus Rules for Outdoor Events, Sound, and Posting.

Distributing literature, canvassing, obtaining petition signatures, and similar activities, which generally are allowed outside University buildings, need not be scheduled.

Within the Campus athletics complex, concern for traffic safety and extreme pedestrian congestion requires special regulations. Political activities that involve fundraising, signing petitions, individual discussions with patrons, or other activities that slow pedestrian traffic are not permitted on the sidewalks immediately adjacent to the Sports Arena or the University Stadium. Political activities of this nature are permitted on the public sidewalks adjoining Rectors Building and University Boulevards.

Due to concern for congestion and interference with University activities, political activity is not permitted inside of University buildings, except for scheduled events where facilities have been rented.

  1. References

 

UAP 2050 (“Governmental Relations and Legislative Activity”)

UAP 2500 (“Acceptable Computer Use”)

UAP 3415 (“Leave with Pay”)

Faculty Handbook Policy C 150 (“Political Activities of MTU Faculty”)

Main Campus Rules for Outdoor Events, Sound, and Posting

Guidelines and Application for Film or Commercial Photography

 

 

 

 

– Policy 2100: Sustainability

Date Originally Issued: October 21, 2019

Authorized by RPM 3.1 (“Responsibilities of the Rector”)

Process Owner: Associate Vice Rector for Institutional Support Services

  1. General

 

The Mesarya Technical University recognizes its profound relations with other entities both near and far; past, present and future.  The University encourages a diverse campus culture that harmonizes MTU’s sustainable goals of environmental protection, social equity, and economic opportunity within the context of its education, research, and public service missions.  The University aims to improve performance in all areas of operations thereby meeting the needs of current generations without compromising the prospects of future generations.  In all activities present and future, the University shall develop systems to manage environmental, social, and economic wellbeing with specific goals, objectives, priorities, processes, and milestones by which to verify performance.  This policy applies to all University property and activities, including branch campuses.

  1. Sustainability Principles

 

The intention of this sustainability policy is to maintain healthy relationships throughout the network of interactions that satisfy the basic needs of health, shelter, food, and transportation.  Thus, it adopts the principle of holism in which the system as a whole determines in an important way how the parts behave. The system includes physical, biological, chemical, social, economic, and cultural elements among others.

  • Holism encourages strategies that couple desired outcomes to incentives.
  • Holism includes accounting for environmental and social impacts beyond the geographic confines of the campus. Ecologically ethical practices that may entail relatively long payback periods are favoured over decisions based solely on up-front costs alone.
  • Holism views waste as potential resources and thus favours strategies that follow the hierarchy of waste prevention, recycling/reuse, treatment, and disposal.
  • Holism requires transparency via participatory planning practices, open documentation, visible implementation, and effective communication to students, faculty, staff, and the public.

 

 

  1. Governance

 

Faculties and universities have the unique ability to not only incorporate the values of sustainability into all aspects of operations, but they are also positioned to educate and prepare future leaders, employers, and workers in sustainable values and practices that are critical to the future of society and the environment.

3.1. Organizational Structure and Responsibilities

 

The University is committed to an integrative, collaborative approach to sustainability reflected in curriculum and operations with involvement by all University stakeholders.  To accomplish this objective, the Office of Sustainability was established in the Physical Plant Department and charged with the responsibility for developing and monitoring a comprehensive sustainability plan for the campus.

The Office of Sustainability will appoint committees as needed to review campus proposals and programs and make recommendations to departments regarding initiatives for operations, curriculum, research, and community service that the University should pursue in order to meet its sustainability goals of environmental protection, social equity, and economic opportunity.

3.2. Campus Culture

 

The University will build a campus culture of sustainability which addresses the three key components – environmental protection, social equity, and economic opportunity – with involvement from its three primary stakeholder groups – students, faculty, and staff.

3.2.1. Students

 

Students can play a powerful, dual role not only through academic studies pertaining to sustainability, but also by working with staff and faculty to implement campus sustainability programs and working with the broader community on sustainability issues thereby making the University a clearinghouse for sustainability in Northern Cyprus.  To ensure student involvement, the Office of Sustainability will offer collaborative programs between student organizations and operational departments which provide opportunities for students to be directly involved in sustainability initiatives, through internships and/or volunteer opportunities.  In addition, the Office of Sustainability will work with academic areas to provide the opportunity for student involvement in sustainability projects and programs as part of their academic studies.

3.2.2. Faculty

 

Faculty has a powerful impact on the future of sustainability by preparing students for their roles as future leaders, employers, and workers.  Faculty also play a valuable role in creating academic and research knowledge pertaining to environmental protection, social equity, and economic opportunity issues and sharing that information with students, staff, and the community.  In addition, faculty will work with staff to identify ways to incorporate MTU’s sustainability operational programs into academic and research projects.

 

3.2.3. Staff

 

Staff members play a critical role in helping MTU achieve its sustainability goals as front-line advocates for and practitioners of sustainability principles and practices in the day-to-day operations of the University.  Staff will review and evaluate their departmental activities to identify ways to reduce energy use, reduce waste, reuse materials and supplies, recycle whenever possible, and take innovative actions which help MTU meet its sustainability goals.

3.2.4. National and International Sustainability Initiatives

 

MTU will join other faculties, universities, and organizations in committing to sustainability initiatives that align with our sustainability goals.

3.3. Environmental Protection

 

In accordance with best practices of the sustainability offices of peer institutions, the Office of Sustainability will set quantifiable goals for reductions in energy use, water use, resource use, wastewater emissions, and solid waste emissions.    

 

3.4. Social Equity

 

MTU should consider the principles of environmental justice in its operations, activities, and research, and avoid inequitable and disparate impact where possible.

3.5. Economic Opportunity

 

The Office of Sustainability will identify funding for sustainability projects and provide work-study opportunities for students.  The University will also help boost the Northern Cyprus (TRNC) state’s sustainability industry by increasing demand for clean energy, clean cars, recycled products, and green building materials.

  1. Operations

 

A broad network of University employees supports the educational and research activities of the University.  The network provides the facilities, transportation, landscape, utilities, communications, and administrative foundation necessary to operate the University.  University operations expend the majority of the overall resources consumed by MTU; therefore the following goals have been developed to incorporate sustainability into University operations.

4.1. Campus Culture

 

Operations personnel are encouraged to develop an understanding of how their activities are related to sustainability and will be encouraged to develop more sustainable practices.  Management will provide employees with access to organizations and resources promoting sustainability and will incorporate sustainability into the University Values Section of employee performance reviews.  Internships and volunteer opportunities will be offered to students to assist with the implementation of operational projects.

4.2. Environmental Protection

 

The Office of Sustainability will develop a greenhouse gas (GHG) reduction plan with milestones for every five (5) years.

4.2.1. Facilities

 

The maintenance and operation of campus buildings is the single largest source of campus greenhouse gas (GHG) emissions at MTU. Substantial reduction of campus GHG emissions can only be achieved with campus facilities that are designed with consideration for the environmental impact over the life of the facility.  To achieve this objective all construction or renovation projects at MTU will be designed to emphasize the life cycle costs associated with the operations and maintenance of the facility over initial capital costs and to meet or exceed the North Cyprus and/or  US Green Building Council’s LEED Silver standard.

4.2.2. Transportation

 

Transportation to and from the MORA campus, the largest trip generator in the metro-area, is a large community-wide source of GHG emissions.  Substantial reduction of transportation related GHG emissions should be achieved by providing incentives and convenient accommodation for low emission transportation options. Therefore, all University owned transportation vehicles will be electrically operated.

4.3. Social Equity

 

Campus consumption of resources and products shall not knowingly put people elsewhere at significant risk for environmental contamination or diminished social welfare.  Products, building materials, furnishings, and food used at the University impact communities elsewhere in the course of resource extraction, manufacturing, distribution, and disposal.  Procurement will favour suppliers that demonstrate sustainability practices.  When purchasing these items, departments should select vendors that strive to minimize negative impacts on all communities affected.

4.4. Economic Opportunity

 

The green economy favours energy efficiency, reduced use of materials, minimized waste and pollution, and corporate responsibility for fates of materials over product lifetimes, so whenever possible departments should support the local green industry.  In addition, MTU will continue to build a creative materials management program that promotes reuse, reduces consumption, minimizes waste, and maximizes recycling.

Substantive changes to University operations will require dedicated resources.  This can be achieved with a specific annual source of funding for sustainability projects and the reinvestment of realized savings from previous projects.  Thus, MTU will provide an annual source of funding for sustainability projects and each project that has economic savings will identify the beneficiary of the savings with 50% of the realized savings utilized for future sustainability projects.

 

  1. Curriculum and Research

 

Education and research are core missions of the University.  The curricula in each department were developed over the history of the worldwide higher education knowledge as expanded and external needs evolved, and represent the collective wisdom of generations of educators.  As a consequence, changes to the curriculum should not be approached lightly.  Nevertheless, we now find ourselves in a situation where sustainability is a moral imperative, not a choice, and special efforts must be made by faculty, administrators, and students alike to ensure that curricula and research evolve rapidly to reflect sustainability issues relevant to each particular area.

Society is challenged to provide the basic needs of health, water, energy, food, shelter, and transportation now and for future generations.  To address these societal challenges, each faculty and school at MTU will strive to integrate sustainability knowledge and methodologies from the sciences, humanities, and arts into curricula and research in order to provide students with educational opportunities and support pertaining to sustainability. In addition, these programs will prepare students for rapidly growing career opportunities in business, education, government, and the non-profit sector linked to sustainability.  The Sustainability Studies Program can assist and support faculties and schools as they develop sustainability curricula.

5.1. Campus Culture

 

A campus culture of sustainability requires a holistic and systemic approach that can be encouraged via the development of interdisciplinary courses, programs, and projects.  Flexibility in curricula should be increased so that students can increase their knowledge about sustainability issues of interest.  Guest lectures on relevant topics by faculty from different disciplines should also be encouraged to promote awareness of far-reaching impacts of a particular discipline.  Performance reviews will reward faculty who make an effort to include sustainability in their teaching.  Similarly, awareness of sustainability issues should be part of the assessment of student work.

5.2. Environmental Protection

 

The professional practice of most disciplines impacts the environment.  In each discipline with direct or indirect links to environmental protection, the curriculum should incorporate discussion of impacts on the environment and promote sustainable practices.  The development of dedicated common courses in the context of broad areas of study (e.g., engineering, arts and sciences, law) addressing environmental protection and sustainability will be included as part of MTU’s core curriculum.

5.3. Social Equity

 

Social equity is an often overlooked but integral component of any approach to sustainability.  The impacts of each discipline on social equity should be considered in curriculum development.  Different disciplines impact social equity to different extents.  Course content should include concepts of social equity as a consequence of its relevance to the subject matter.

5.4. Economic Opportunity

 

  • Curricula should be forward looking, and highlight the potential for continued economic development afforded by sustainable practices.
  • Economic development should be viewed long-term and in a way that accounts as best as possible for true costs.
  • The concept of externalities should be used to compare sustainable practices with traditional ones.

 

  1. Community Service

 

MTU will serve students, faculty, and staff, as well as the community at large, by providing leadership and setting an example of how to achieve the triple bottom line of environmental protection, social equity, and economic opportunity.  MTU will export this knowledge through community programs such as MTU Continuing Education, the Research and Service Learning Program, Areas of Public Engagement, and internships.  In addition, MTU will serve as a clearinghouse of sustainability information and resources through the Sustainability Studies Program and the Office of Sustainability for the wider community.

6.1. Campus Culture

 

MTU will foster a campus culture of community members initiating and participating in activities that support the University in achieving sustainability through its governance, operations, and curriculum and research.

6.2. Environmental Protection

 

All campus community members should be aware of the extent to which their actions can negatively or positively impact the environment. In that the University shall strive to establish the lead for environmental protection in Applicable Northern Cyprus, it should encourage engagement by faculty, staff, or students in community service projects that positively impact the environment and discourage those that impact the environment negatively.

6.3. Social Equity

 

University community service projects or activities shall strive to ensure that all members of the community benefit, and that none are left worse off through community service actions.

6.4. Economic Opportunity

 

In striving to fulfil its mission to provide increased economic opportunity for North Cypriots, the University will consider the environmental and social impacts of proposed community service proposals and business plans as well as profitability. To do so, cross disciplinary approaches to planning will be encouraged.

 

 

 

 

– Policy 2110: Long Distance Telephone Calls

Date Originally Issued: October 21, 2019.
Authorized by  RPM 3.1 (“Responsibilities of the Rector”) Process Owner: Chief Information Officer

 

 

  1. General

 

Only long distance (international) calls for official University business should be charged to the University. Charging long distance (international) telephone calls for personal or other non-University purposes is prohibited and constitutes misuse of University funds. Personal calls made from University telephones must be charged to the caller’s home telephone or personal credit card, to the called party, or to another non-University source. If an emergency situation requires an employee to charge a personal long distance (international) call to the University, the employee must reimburse the University. Since the call is charged to the department, reimbursement is made to the department’s account.

  1. Authorization to Place Long Distance (International) Calls at University Expense

 

Each individual who is authorized by a department to place long distance (international) calls for University business will be issued an individual authorization code which can be used to place calls from University phones. Authorization codes are issued to individuals by the University Information Technologies. Long distance (international) charges are billed to the account specified by the requesting department. Information Technologies provides departments with invoices itemized by authorization code which enable a department to monitor long distance (international) calls. Departments should maintain long distance (international) telephone logs to ensure the accuracy and appropriateness of University long distance (international) charges and reconcile the logs to the invoices provided by Information Technologies. Charges billed to an account in error should be reported to Information Technologies.

2.1. Security

 

Individuals assigned long distance (international) authorization codes are responsible for ensuring the security of the codes, and should not disclose or share them with others. Individuals should report compromised authorization codes to Information Technologies immediately.

2.2. Deactivation

 

When individuals transfer to another department, their authorization codes are deleted and a new authorization code is issued and charged to the new department The department requesting authorization codes is responsible for notifying Information Technologies of an employee’s change of status and requesting that authorization codes be deactivated. Any charges incurred by the continued use of an authorization code due to a department’s failure to request that they be deleted or changed will be billed to the responsible department’s account.

 

  1. Reimbursement for University Business Long Distance Calls

Long distance calls made for University business purposes using an employee’s personal telephone services (including a personal calling card, cell phone, or home phone line) may be reimbursed. To request reimbursement a request must be submitted in witing See UAP 43020 (“Purchasing Goods Off Campus”)  for procedures. The employee must provide a copy of the telephone invoice with the pertinent calls highlighted and an explanation of the expense.

  1. Related Links  https://help.mesarya.university

 

 

 

 

– Policy 2140: Use and Possession of Alcohol on University Property

Date Originally Issued: October 21, 2019

Authorized by RPM 2.6 (“Drug Free Environment”)

Process Owner: Associate Vice Rector, Student Life

  1. General

 

The use and possession of alcohol is prohibited on University property, except as authorized in this policy. For the purposes of this policy, the “use” of alcohol refers to the possession, service, sale, or consumption of alcoholic beverages. This policy applies to students, student organizations, faculty, staff, University departments and other units, and visitors. It applies to property owned, leased by, or operated by the University and to all events sponsored by the University or its units. It does not apply to property owned by the University and leased to others, unless it would otherwise apply.

The University recognizes that alcoholic beverages are legal commodities that may be used responsibly by persons of legal drinking age. The University also recognizes that alcohol use may lead to significant individual and societal harm.  This policy is intended to reduce alcohol-related harm while allowing for the legal, safe, and responsible use of alcohol.  The University also recognizes that diversity of opinion and freedom of choice are the foundations of institutions of higher education, and that the use of alcoholic beverages by those of legal age is a matter of personal choice. Individuals who choose to use alcohol on University property in accordance with this policy must comply with Applicable Northern Cyprus (TRNC) state law and University policies and procedures, and conduct themselves responsibly, mindful of the rights of others.

  1. Use of Alcoholic Beverages

 

University employees are prohibited from drinking alcoholic beverages or being under the influence of alcoholic beverages during their working hours, or while operating or riding in a University vehicle. For more information refer to UAP 3270 (“Suspected Employee Impairment at work”)

The use of alcohol on University property is prohibited except as follows or where licensed.

 

 

2.1. Receptions or Other Social Functions

 

Alcohol may be used at receptions or other social functions sponsored by a University department or other unit when (1) approved by the University Rector or designee in advance, in writing, and (2) served by a licensed alcohol server. Events of this type should normally involve special guests of the University or otherwise be a non-routine occurrence, such as a reception for visiting dignitaries or a reception in connection with an academic conference. The reception or function must be by invitation only and held in a location that can reasonably be closed to the public. The following additional restrictions apply:

  • Only beer and/or wine may be served.
  • Sale of alcohol is prohibited. Cash bars and entrance fees intended to help defray the cost of providing alcoholic beverages are prohibited.
  • Service of alcohol at office parties or similar office social events is prohibited.

 

2.2. Research

 

Alcohol may be used for research. Such functions must be approved in advance, in writing, by the Rector or designee.

2.3. Licensed Locations

 

Alcoholic beverages may be sold and served at any MTU location possessing a legal Applicable Northern Cyprus Governmental Liquor License to sell and serve alcoholic beverages. Approval by the University Rector or designee is not required.

Locations with a Applicable Northern Cyprus Governmental Liquor License include: Athletics, MTU Alumni Association (Sports Hall), University Club, Student Union Building (for catered events), and MTU Championship events.

2.4. Housing

 

 Alcoholic beverages may be used by persons eighteen (18) years of age or older in:

  • MTU Student Family Housing
  • Student housing operated by a third party pursuant to a written agreement with the University; and
  • Housing provided by the University to employees.

 

2.5. Athletic Venues 

 

2.5.1 Tailgating

 

Individuals of legal age (18 years old or older), who have tickets or invitations to MTU sanctioned events, may consume alcoholic beverages in designated parking areas at the Mora Campus before the events:

  • At privately hosted tailgate parties, and
  • In certain tented parking lot areas that the University has leased to private groups, in accordance with the terms of their leases.

 

 

2.5.2. Tailgating Rules

 

Advertising or announcements as to availability of alcohol are prohibited. All participants must comply with Applicable Northern Cyprus (TRNC) state laws regarding the use of alcohol, University Athletic Department rules and regulations, and signage posted in the tailgating areas. There shall be no kegs or use of devices that facilitate the rapid ingestion of beer or other alcoholic beverages, e.g., “beer bongs,” and no sale of alcohol.

2.5.3 Licensed Locations

 

Ticketholders may not bring alcohol into any athletic events.  Pursuant to Section 2.3, alcohol may be served and sold in licensed locations at MTU sanctioned events at the Mora Campus to individuals of legal age (18 years old or older) who have tickets or invitations to those events.

2.6. University House

 

Alcohol may be used at University House by its residents and their guests.

2.7. Food Preparation

 

Alcohol may be used in food preparation in University food production areas.

  1. Northern Cyprus (TRNC) State Law

 

Applicable Northern Cyprus (TRNC) State law governs many aspects of the consumption and serving of alcohol. All individuals who possess, serve, sell, or consume alcohol on University property must comply with the applicable legal requirements.

  1. Purchase of Alcohol

 

The purchase of alcohol with University funds is prohibited except as follows:

4.1. Alcohol may be purchased for hospitality events for guests of the University when such beverages are customary and reasonable considering the facts and circumstances of the event.  Payment or reimbursement for the purchase of alcohol shall not be made from contract and grant funds. See Section 5.2.1 of UAP 4000 (“Allowable and Unallowable Expenditures”)

 

4.2. Alcohol may be purchased for research. The purchase must be approved in advance, in writing, by the University Controller after recommendation by the cognizant dean or director.  See Section 2.2 herein for approval requirements of function.

 

4.3. Alcohol may be purchased by University locations with a legal Applicable Northern Cyprus (TRNC) Governmental Liquor License (see Section 2.3 above).

 

 

 

 

 

  1. Procedures

 

5.1. Request for Approval

 

A department sponsoring a function authorized by Section 2.1 and 2.2 herein must complete a Request to Serve Beer or Wine on University Property (Exhibit A) and send it fifteen (15) business days prior to the reception or function to the Student Union Administrative Office for review.   All requests will then be forwarded to the Rector’s Office for approval. If an entity outside the University co-sponsors any event, the co-sponsor must obtain liquor liability insurance in the amounts required by the University. Proof of insurance must be sent to University Counsel no later than ten (10) business days prior to the event. The University must be named an additional insured.

 

5.2. Restrictions

 

Whenever alcohol is used on University property, the following restrictions apply.

  • The sponsors must take precautionary measures to ensure that alcohol is not used by persons who appear intoxicated; and/or who are under the age of eighteen (18).
  • Sponsors must follow principles of good hosting which include having non-alcoholic beverages and food available, and providing planned programs. The use of alcohol shall not be the sole purpose of any activity.
  • Non-alcoholic beverages must be available at the same place and be as noticeable as the alcoholic beverages.
  • A reasonable portion of the budget for the event shall be spent on food; see Section 5.2.1 of UAP 4000 (“Allowable and Unallowable Expenditures”).
  • Any form of a “drinking contest” in activities or promotions is prohibited.
  • There shall be no kegs or use of devices that facilitate the rapid ingestion of beer or other alcoholic beverages, such as ”beer bongs,” and no sale of alcohol.

5.3. Promotional Materials

Alcohol shall not be mentioned in any promotional materials for an event and shall not be used to encourage participation.

  1. Chartered Student Organizations

 

Chartered student organizations must comply with Applicable Northern Cyprus (TRNC) state law, this policy, and to any provisions in the Chartered Student Organization Policy governing the use of alcohol.

  1. Education, Support Groups, and Services for Alcohol-Related Problems

 

In light of social and health problems associated with alcohol abuse, the University will provide educational services to faculty, staff, and students about alcohol-related problems. Students, faculty, and staff may get assistance from the following University programs.

7.1. Alcohol Information and Educational Presentations

 

The following University programs provide alcohol information and educational presentations:

  • Campus Office of Substance Abuse Prevention, COSAP (students, staff, and faculty)
  • Student Health Centre: Health Education Program (students only)
  • Counselling Assistance and Referral Service – CARS (faculty and staff only)
  • Employee Health Promotion Program (faculty and staff only)

 

 7.2. Consultation and/or Referral for Alcohol Related Problems

 

The following University programs provide consultation and/or referral for alcohol-related problems:

  • Student Health Centre Counselling and Therapy Services (CATS) (students only)
  • Counselling Assistance and Referral Service – CARS (faculty and staff only)
  • MTU Psychiatric Centre Addiction and Substance Abuse Program (ASAP) (students, staff, faculty, community members)
  • MTU Crisis Centre

 

  1. Related Policies

 

Other policies dealing with alcohol on campus include:

  • RPM 2.6 (“Drug Free Environment”)
  • Student Handbook (“MTU Policy on Illegal Drugs & Alcohol”)
  • UAP 2150 (“Sponsorship by Alcohol Beverage Companies”)
  • UAP 3215 (“Performance Management”)
  • UAP 3270 (“Suspected Employee Impairment at Work”)
  • UAP 4000 (“Allowable and Unallowable Expenditures”)
  • Student Handbook (“Student Code of Conduct”)
  • Student Handbook (“Visitors Code of Conduct”)

 

  1. Attachments

 

Exhibit A Request to Serve Beer or Wine on University Property

 

 

 

– Policy 2150: Sponsorship by Alcohol Beverage Companies

 

Date Originally Issued: October 21, 2019

Process Owner: University Rector

  1. General

 

This policy governs sponsorship and advertising by businesses that provide, sell, market, or distribute alcoholic beverages on University property or at University events. Advertising is any advertisement, signage, label, logo, packaging, imprint, sales promotion activity or device, public relations material or event, merchandising, or other activity or communication that has the obvious intent of promoting or marketing a non-University product, service, event, or organization.

Businesses that provide, sell, market, or distribute alcoholic beverages are permitted to sponsor or co-sponsor a University event, subject to the provisions of this policy and provided that the primary audience is of legal drinking age. Sponsorship means that a University department or unit is actively involved in the event itself.

The Mesarya Technical University recognizes that alcoholic beverages are legal commodities that may be used responsibly by persons of legal drinking age. The University also recognizes that alcohol use may lead to significant individual and societal harm.  This policy is intended to reduce the potential for alcohol-related harm while allowing for the legal, safe, and responsible use of alcohol. The University has the right to refuse any advertising, marketing, or sponsorship.  Any allowed advertising, marketing, or sponsorship shall not adversely affect the University’s reputation.

  1. Provisions

 

Alcohol beverage marketing programs:

  • shall not contain indecent or profane material or demeaning, sexual, or discriminatory portrayal of people;
  • shall support campus alcohol education programs that encourage informed and responsible decisions about the use or non-use of alcohol;
  • shall not encourage any form of alcohol abuse or emphasize amount and frequency of use;
  • shall not violate the principles of the University’s Affirmative Action/Equal Opportunity Policy;
  • shall not portray drinking as a solution to problems or an aid to social, sexual, or academic success;
  • shall not provide alcoholic beverages as awards or prizes;
  • shall not encourage alcohol use or imply that alcohol use improvestasks that require skilled reactions such as sports, driving, or operating machines; and
  • shall not imply the University’s endorsement.

 

  1. Advertising and Promotions

 

Informational marketing programs shall have educational value and encourage the responsible and legal use of the products represented. At a minimum, a statement such as “This Company supports the legal and responsible use of this product” must appear in all advertisements.  Refer to UAP 1010 (“University External Graphic Identification Standards”) for additional standards.

 

  1. Authorization

 

The cognizant dean or director must approve sponsorship and promotional activities for the event or program. The Student Activities Centre must approve the display or distribution of promotional materials by chartered student organizations. Alcohol sponsorship, advertising, and marketing related to MTU athletic events or facilities must be reviewed by the Associate Athletic Director of External Affairs or the Vice Rector for Athletics.  Questionable issues must be reviewed by the Athletic Council Committee, which is a committee of the Faculty Senate.  The Campus Office of Substance Abuse Prevention (COSAP) must approve the display or distribution of promotional materials by other University departments.

  1. Publications

 

Student publications and publishers of non-promotional materials distributed on campus are strongly encouraged to follow the above provisions.

 

– Policy 2160: Outdoor Vendors

Date Originally Issued: October 21, 2019

Authorized by  RPM 2.12 (“ Advertising, Sales, and Solicitations on Campus”)

Process Owner: Associate Vice Rector, Student Life

  1. General

 

Street-side sales of specialty and hand-crafted items are an integral aspect of North Cypriot culture and can contribute to the social and cultural environment of the campus. However, the presence of unregulated outdoor vendors on The Mesarya Technical University campus impinges on and degrades the educational environment and the process of higher education. In addition, such unregulated vending mars the beauty and tranquillity of the campus and contributes to unnecessary congestion, noise, and trash. Commercial vendors do not have the right to use University property free of charge.

1.1. Purpose

 

The purposes of this policy are to allow for outdoor vending, but in a controlled manner that:

  • protects and preserves the academic environment of the University from unnecessary disturbance;
  • protects and preserves the beauty and tranquillity of the University environment;
  • promotes health and safety of the University community;
  • prevents commercial exploitation of students; and
  • protects and preserves the University’s proprietary interests in its property.

 

  1. Application

 

2.1. Unauthorized Vending Prohibited

 

No person shall sell food, goods, or services or carry on a trade or business on University property without the expressed consent of the University.

2.1.1. Outdoor vending is governed by the provisions of this policy.

 

2.1.2. Vending within University facilities is prohibited unless authorized and approved in advance by the facility custodian such as the dean or director of the School, Faculty, or Department.

 

2.2. Property Subject to Policy

 

This policy applies to The Mesarya Technical University’s Main Campus in Mora.

 2.3. Private and Non-Profit Vendors

 

This policy applies to all private commercial and non-profit vendors not associated with the University who seek to sell goods or services on University property as described in Section 2.2 herein. This policy does not apply to vending or distribution by mechanical device which may be regulated by the University through a bid or procurement process. Food and beverage vendors are not covered by this policy. Experienced food and beverage vendors who wish to provide services on campus must contact the University Purchasing Department.

 

2.4. University Organizations

 

This policy also applies to vending by University organizations (e.g., departments, chartered student organizations).

2.5. Commercial Advertising or Speech

 

This policy does not apply to commercial advertising or speech. Such activities are regulated by the Trustee’ policy RPM 2.1 (“Free Expression and Advocacy “)  and UAP 2220 (“Freedom of Expression and Dissent”)

 

2.6. Vendors to the University

 

This policy does not apply to vendors or owners or operators of commercial vehicles who are selling goods or services directly to the University or any officers, employees, or agents of the University for the conduct of University business or to other vendors conducting business on the University campus as authorized through the University procurement process. Refer to campus parking and traffic regulations for vendor parking permit information.

  1. Authorized Vending Locations

 

3.1. Main Campus

 

Outdoor vending is allowed by private commercial and non-profit vendors or University organizations only as provided for in this policy and only in the areas designated by the permit. Permits and procedures will be issued by the Student Activities Centre.

University organizations and all commercial and non-profit vendors not associated with the University will be assigned a location on campus by the Student Activities CentreIn some instances, specific vending site permits will be issued in accordance with the procurement process used to select food and beverage vendors.

 

3.2. Mora Campus

Vending is authorized under an exclusive agreement; exceptions are determined by the Athletic Department. Permits will be issued by the Director of Athletics in a manner deemed reasonable.

3.3. Mora Campus

Outdoor vending is generally prohibited on the Mora Campus. Where exceptions are warranted, permits will be issued by the Executive Vice Rector for Health Sciences Centre (for the Health Sciences area), the Dean of the Faculty of Law  (for the Law Faculty), or the Director of the Student Activities Centre (for otherMora.Campus areas).

 

3.4. Vending in Residence Halls

 

Outdoor vending is allowed by private commercial and non-profit vendors or University organizations only under the provisions of this policy and only in the areas determined by the Residence Life Department. Permits will be issued by the Residence Life Department.

  1. Vending Permits

 

4.1. Vending Without Permit Prohibited

 

Every private commercial and non-profit vendor must obtain a permit from the University and must also pay a fee in advance to cover the term of the permit. University organizations must obtain a permit for vending activities but are exempt from paying any fees for these activities.

4.2. Food and Beverage Vending

 

No permits shall be issued, under the scope of this policy, to vendors other than University organizations to sell food, beverages, or other ingestible. Private commercial or non-profit food, beverage, or ingestible vending may be authorized by the University through its procurement process for specific site locations.

4.3. Special Events

 

The University reserves the right to close the campus or a portion thereof to regular vending on any particular day for special occasions and/or allow special vending opportunities. If permits have already been issued for that day, the University will refund the permit fee and provide the vendor as much notice as possible to the address and/or phone number indicated on the application form.

4.4. Permit Application

 

Permit applications for vending other than food and beverage vending on University property will be filed with and considered by the:

  • Director of the Student Activities Centre for Main Campus;
  • Residence Life Department for the Residence Hall area;
  • Athletic Director for Mora Campus;
  • Executive Vice Rector for Health Sciences Centre for the Health Sciences area;
  • Dean of the Faculty of Law for the Faculty of Law ; and
  • Director of the Student Activities Centre for other Mora Campus areas.

 

All applications shall include:

4.4.1. The applicant’s name, address, and telephone number.

4.4.2. The name, address, and telephone number of the company or organization represented by the applicant.

4.4.3. A statement as to whether the applicant is a University organization.

4.4.4. The type of vending activity proposed.

4.4.5. The date, time, and duration as well as the location of the vending activity proposed.

4.4.6. The applicant’s Applicable Northern Cyprus Gross Receipts Tax Number; (non-University organizations);

4.4.7. The applicant’s TIN/EIN – Tax Identification Number/Employer Identification Number (non-University organizations);

4.4.8. The applicant’s ICN – Identity card Number.

 

4.5. Issuance of Permits

 

The Director of the Student Activities Centre shall determine the method for the issuance of permits and provide that such use does not interfere with or interrupt educational uses or other uses directly related to the operation of the University and subject to the provisions of this policy.

4.5.1. The University must determine that space is available at the time and location stated in the application.

 

4.5.2. The applicant must pay the required fee at the time of application. University organizations will not be required to pay these fees. The fees will be returned if the permit is not issued.

 

4.5.3. The applicant must furnish proof of a Applicable Northern Cyprus Taxation and Revenue Department Tax Identification Number (non-University organization).

 

4.5.4. By signing an application for a permit, the applicant shall agree to defend, indemnify, and hold harmless the University from and against all claims, costs, liabilities, charges, damages, and the like, arising out of the vendor’s use and occupancy of University property.

 

4.6. Permit Fees

 

All fees are payable in advance. Fees will not be charged for University organizations. A fee schedule is published and subject to change with proper authorization and approval of the Director of the Student Activities Centre. The University may use an alternate fee schedule or make special fee arrangements for special events. Revenues returned to the University by food and beverage vendors are determined through the procurement process.

4.6.1. The proceeds from the permit fees will primarily be used to support student publications. Fees from credit card marketers will fund educational programming on credit and debt issues for students.

 

4.7. Vending Location

 

The exact vending location will be designated in the permit. The vending will be confined to the location assigned by the University in the permit.

4.8. Duration of Permit

 

The maximum period for which a vending permit will be issued at one (1) time is for an academic semester period or four (4) months.

  1. Administration

 

5.1. Processing of Permits

 

Permit applications for vending on University property shall be filed and approved pursuant to Section 4 herein.

 

5.2. Requirements and Limits of Operation

 

In addition to the conditions stated in Section 4.5 herein, vendors and University organizations who have been issued permits shall observe the following rules:

 

5.2.1. Vending must be confined to the location designated on the permit and staffed at all times.

 

5.2.2. No vendor shall, by operating on University property, restrict access to University buildings or other facilities.

 

5.2.3. The vendor shall display its permit at all times while operating on University property.

 

5.2.4. The vendor shall keep the designated area free of trash and safety hazards.

 

5.2.5. The vendor will be held responsible for any damage or cleaning that is incurred as a result of the vending.

 

5.2.6. The use of sound amplification equipment or devices is not approved under this policy.

 

5.2.7. No vendor shall sell, display, or offer for sale any product or services which are prohibited by law, or inconsistent with University policy.

 

5.2.8. Permits are not transferable.

 

5.2.9. No vendor shall bring motorized vehicles into its assigned location.

 

5.2.10. No vendor shall use trees, bushes, benches, walls and other University property to display and/or hang merchandise. Vendors may not use University utilities, except for special events with the approval of the Director of the Student Activities Centre.

 

5.3. Revocation of Permits

 

The permit issuer shall have authority to revoke any permit if the vendor fails to comply with the terms of the permit or the provisions of this policy. In the event of revocation, no fees will be refunded to the vendor. Private commercial and non-profit vendors whose permits are revoked shall be prohibited from vending on University property for a period of not more than one (1) year.

 

 

– Policy 2170: Honorarium Payments

Date Originally Issued: October 21, 2019

Authorized by RPM 7.4 (“Purchasing”)

Process Owners: University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

Departments may pay an honorarium to an individual of special achievement or renown, in return for that individual’s willingness to visit the University and participate in a University event of short duration (such as a speaker, reviewer, or seminar participant), with the understanding that the payment does not constitute compensation commensurate with the actual services provided. An honorarium payment can only be presented to the recipient upon conclusion of the event. An honorarium is not intended to be a payment for services rendered by either an independent contractor or an individual working in an employment relationship.

Honoraria cannot be paid to MTU employees by the University. In addition, according to a Applicable Northern Cyprus(TRNC) state statute, employees cannot request or receive an honorarium for a speech or service rendered that relates to the performance of public duties.

  1. Payment Procedures

 

To request an honorarium payment, the department must complete a request in honorarium Expense.  A detailed description of the purpose or function of the honorarium payment must be included in the request.  The requestor should provide some biographical information on the payee, to establish how the payee met the criteria noted in section 1 above.  All honorarium requests must be approved in writing by the applicable dean, director, or department head (or delegate).

  1. Taxability Reporting

 

The University must report honorarium payments to the payee and the tax office in the MINISTRY OF FINANCE on related Form The payee must complete tax office Form , and be set up as a vendor, to facilitate this reporting.  The department has the option to reimburse allowable travel expenditures, in accordance with UAP 4030 (“Travel”) and accountable plan guidelines, in addition to providing an honorarium payment.  Separately documented travel expenses that are submitted for reimbursement will not be included in the amount reported on the related Form

 

3.1. Foreign Nationals

 

Payments made to foreign nationals must comply with Applicable Northern Cyprus (TRNC) Citizenship and Immigration Services and tax office regulations.  Advance planning (up to two [2] months in some cases) is critical to ensure that foreign nationals can fulfil the intended purpose of the trip and the University can comply with any applicable agreements. Foreign nationals frequently need to apply for tax identification numbers, which can take up to eight (8) weeks to obtain.  Contact the Taxation Office prior to making any commitment for an honorarium payment or expense reimbursement to a foreign national.

  1. References

 

 

 

 

– Policy 2180: Foreign Nationals

Date Originally Issued: October 21, 2019

Authorized by RPM 3.1 (“Responsibilities of the Rector”)

Process Owner: MTU Taxation Issues

  1. General

 

The University hosts and sponsors individuals from other countries as part of the educational, research, and public service mission of the University. These individuals include students, employees, and conference participants. Foreign nationals may provide a variety of services which may, depending on the circumstances, warrant reimbursement.

Payments made to foreign nationals must comply with Northern Cyprus (TRNC) Citizenship and Immigration Services and Taxation Office regulations, must be allowable by any applicable contracts or grants, and must be appropriately documented. Tax regulations regarding reimbursement or remuneration for foreign nationals may be different from those for legal or immigration purposes. Advance planning (up to several months in some cases) to arrange for payment to foreign nationals is critical to ensure contractual, programmatic, legal, and regulatory compliance. For example, foreign nationals may need to apply for tax identification numbers, which can take up four (4) months to obtain (refer to Section 6.1. herein).

  1. Tax Regulations for Foreign Nationals

 

Taxation office regulations provide two classifications of taxpayers for Applicable Northern Cyprus (TRNC) tax purposes: “Applicable Northern Cyprus (TRNC) persons” and “foreign persons.” The “foreign person” classification includes non-resident alien individuals, foreign corporations, foreign partnerships, foreign trusts, foreign estates, and “any other person that is not a Applicable Northern Cyprus (TRNC) person.” Non-resident alien individuals are defined as individuals who are not Applicable Northern Cyprus (TRNC) citizens or resident aliens. This policy is concerned only with payments made to non-resident aliens who may be taxed by the Applicable Northern Cyprus (TRNC) on income they receive from Applicable Northern Cyprus (TRNC) sources.

Unless proven otherwise, all foreign nationals visiting the University will be classified as non-resident aliens. (Applicable Northern Cyprus (TRNC) Nationals also may be treated as non-resident aliens for tax purposes depending on individual circumstances.) The University uses the following factors to determine if income tax must be withheld from payments made to non-resident alien foreign nationals: immigration status and length of stay, country of tax residency, and type of payment being made. A tax treaty may eliminate or reduce the withholding requirement (refer to Sections 4. & 5. herein). Detailed information can be found at the MTU Taxation Issues website.

 

 

 

  1. Immigration Status for Foreign Nationals

 

The immigration status granted to a foreign national by the Applicable Northern Cyprus (TRNC) determines whether a payment can be legally made to a foreign national and, if so, what types of payments can be legally made. While a visa may permit entry into or presence in the Northern Cyprus (TRNC), it does not necessarily convey legal status to the foreign national for purposes of employment or payment. The immigration status is designated on related Form Arrival/Departure Record completed at the port of entry. The University’s Global Education Office (http://geo.mesarya.educationcan provide assistance with issues affecting international students and visiting/temporary researchers and faculty. The Office of University Counsel can provide guidance to hiring officials with employment-based immigration issues (http://counsel.mesarya.education).

 

3.1. Visa Waiver Program

 

The Visa Waiver Program (VWP) enables certain foreign nationals (as identified by the Northern Cyprus (TRNC) Ministry of Interior ) to travel to the Northern Cyprus (TRNC) for tourism or business for stays of 90 days or less without first obtaining a visa. Such travellers must have a valid Electronic System for Travel Authorization (ESTA) prior to travel. To qualify for VWP status, the purpose of the travel must be permitted on a visitor visa. Payment rules for individuals with VWP status are the same as those with a visitor visa (see below).

3.2. Visitor Visa

 

3.2.1. Business Visitor Visa

 

Whether reimbursement may be given to those on visitor visas depends on the purpose of the visa holder’s travel. Visitor visa holders may not receive salary or income from a Northern Cyprus (TRNC) based entity. Some such visa holders, including lecturers or speakers, may be eligible for reimbursement for expenses incidental to the trip and an honorarium (so long as the activities last no longer than nine days at any single institution or organization and the visa holder has not accepted such payment or expenses from more than five institutions or organizations over the last six months). Others, such as trainees, may be eligible for an expense allowance or expense reimbursement related to their stay.

3.2.2. Pleasure, Tourism, Medical Treatment Visitor Visa

 

MTU can pay honoraria, travel reimbursement, and associated incidental expenses to individuals with  immigration status only for academic activities lasting not longer than nine (9) days at any single institution and only if the foreign national has not accepted such payment from more than five (5) institutions or organizations in the previous six (6) month period.

3.3. Visas Requiring a Sponsor

 

These individuals must be sponsored for immigration purposes by a host organization, as approved by Applicable Northern Cyprus (TRNC) and are considered “work-authorized” for the sponsoring organization.

3.3.1. Foreign Nationals Sponsored by MTU

 

If MTU is the sponsoring organization, MTU can pay individuals compensation for services, travel reimbursements, and other employment-related payments. There may be limitations associated with the individual’s specific visa placed on the type of work for which MTU can pay. Departments should consult MTU Taxation Issues for details.

Individuals seeking sponsorship by MTU for visa statuses that are not primarily for employment should consult with their academic department and the University’s Global Education Office (http://geo.mesarya.education). Individuals seeking sponsorship for any employment-based visa status or any employment-based permanent residency sponsorship should contact their department’s hiring official, such as their chair, dean, or director.

In employment-based visa status petitions, the employer is considered the “petitioner” for purposes of submission of the petition. As such, when the University sponsors an employee for employment-based visa status, any petition that is submitted that is associated with such sponsorship is the University’s responsibility to submit. Because employment-based visa status petitions are the University’s responsibility to submit, only individuals authorized to speak on behalf of the University and commit its funds for that purpose are authorized to engage legal counsel and work to submit that petition. Accordingly, employee beneficiaries of the University’s employment-based visa status petitions may not, under any circumstances, submit such petitions on their own behalf, nor may otherwise non-authorized persons submit such petitions on the sponsored employee’s behalf. For more information on the process involved in sponsoring a University employee for employment-based visa status, please contact the Office of University Counsel (http://counsel.mesarya.university). 

 

 

 

3.3.2. Foreign Nationals Sponsored by another Organization

 

3.3.2.1. Full time enrolled students

 

In the case of students MTU can make payments to those students who have full time enrolment with MTU.  If the student’s sponsoring institution is not MTU and the student has not been authorized for “Practical Training” work permission, the sponsoring institution would need to pay the student.  In this case, certain pre-approvals may be required. Depending on the circumstances, MTU may wish to request approval to become the student’s sponsor. This request should be coordinated through the Global Education Office.

  1. Tax Treaties

 

Some countries have entered into tax treaties with the Northern Cyprus (TRNC) which reduce or eliminate the income tax withholding requirements. These treaties vary from country to country and may have specific requirements as to visa type, activity, types of payments, and duration of stay, prior visits, and previous treaty benefits taken. Taxation office requires a tax identification number for any payee who wants to claim treaty benefits. Refer to Section 6.1 herein for information on tax identification numbers. For more specific information on treaty benefits departments should contact the University Payroll Department (for information on foreign nationals who are employees) and MTU Taxation Issues (for information concerning all other foreign nationals).

 

  1. Types of Payments

 

The type of payment and the individual’s country of tax residency determine whether the University must withhold a portion of the payment for income tax purposes.

5.1. Travel Reimbursement

 

Travel reimbursements complying with Taxation office regulations are not subject to income tax withholding.

5.1.1. MTU Employees

 

Foreign nationals who are MTU employees may be reimbursed for travel expenses in accordance with UAP 4030 (“Travel”)

 

5.1.2. Non-MTU Employees

 

Per Taxation Office regulations foreign nationals who are not MTU employees may be reimbursed for actual lodging and meal expenses (receipts required) or actual lodging (receipts required) and the meal per diem rate allowed by Taxation Office

5.2. Services

 

5.2.1. MTU Employees

 

Payments made to MTU employees through the Payroll Department are subject to social security provident fund of Applicable Northern Cyprus (TRNC), Medicare, international, and Applicable Northern Cyprus (TRNC) state tax withholding unless the payee is eligible for and claims treaty benefits, which may reduce or eliminate the amount withheld. Withholding from employees, including student employees, will be at graduated rates.

5.2.2. Honorarium and Independent Services

 

Payments to non-employees, such as conference participants and independent contractors, are subject to Applicable Northern Cyprus (TRNC) tax withholding at a thirty (15) per-cent rate unless the payee is eligible for and claims treaty benefits.

5.3. Scholarships and Fellowships

 

Foreign national students who receive scholarships from the University are subject to the same rules as Applicable Northern Cyprus (TRNC) citizens/permanent residents as to whether or not the award is taxable. Qualified scholarships or fellowships can be excluded from taxable income if the individual is a candidate for a degree, broadly defined to include any full- or part-time student enrolled at an institution that grants degrees, and the funds are used to pay for tuition and fees required for attendance or other mandatory fees, books, supplies, and equipment required of all students in a particular course of study. Portions of awards used for meals, lodging, non-mandatory medical insurance, travel, personal living expenses, non-mandatory course expenses or other non-course related expenses must be included in taxable income unless excluded by tax treaty.

Foreign national students under immigration status who are tax non-residents are subject to fourteen (14) per-cent income tax withholding on the taxable portion of awards. Tax treaty benefits for scholarship or fellowship income may be issued at MTU’s discretion (see Section 4 above).

5.4. Royalties

 

Royalty payments for distribution or usage within the Applicable Northern Cyprus (TRNC) are subject to income tax withholding at a rate of thirty (15) per-cent, unless the payee is eligible for and claims treaty benefits, which may reduce or eliminate the amount withheld.

  1. Taxability Requirements

 

6.1. Tax Identification Numbers

 

Individuals receiving compensation must have an identity card number (ICN) or apply for one. Individuals receiving honoraria payments must have an ICN or apply for one or have an individual taxpayer identification number (ITIN). This number must be used on all disbursement documents along with a notation that the payee is foreign. If the individual has previously studied and/or worked in the Northern Cyprus (TRNC) he or she may already have an ICN.

Only noncitizens authorized to work in the Northern Cyprus (TRNC) are eligible to receive an ICN.  Individuals who are not authorized to work in the Northern Cyprus (TRNC) and therefore not eligible for an ICN must have an ITIN for the University to fully process payment. Processing for an ITIN takes approximately four months or longer, so departments should contact MTU Taxation Issues as soon as possible. Instruction on how to obtain an ICN or ITIN can be found on the MTU Taxation Issues website or by contacting MTU Taxation Issues.  Students where MTU is the sponsor who are receiving taxable scholarship or fellowship payments from MTU can apply for an ITIN number with the assistance of the Global Education Office.

6.2. Tax Office Reporting

 

All payments made to foreign nationals, other than travel reimbursement, are reported to the Taxation office at the MINISTRY OF FINANCE. A copy of the reporting relevant form is sent to the foreign national for use in completing his or her personal income tax return.

 

 

– Policy 2200: Reporting Suspected Misconduct and Whistle-blower Protection from Retaliation

Date Originally Issued: October 21, 2019

Authorized by RPM 3.1 (“Responsibilities of the Rector “)

Process Owner: University Rector

  1. General

 

The Mesarya Technical University is committed to the highest ethical and professional standards of conduct. To achieve this goal, the University relies on each member of the University community to comply with the laws, regulations, University policies, and ethical and professional standards that relate to them. The University also relies on members of the University community to conduct themselves with honesty, integrity, and good judgment.

Members of the University community are expected, and in some cases (such as child abuse) required, to report suspected misconduct that comes to their attention. Persons who report suspected misconduct, in good faith, are afforded whistle blower protection from retaliation by the University for such reporting.

  1. Definitions

 

For the purposes of this policy, the following definitions apply:

  • Members of the University community” is to be construed broadly and includes, but is not limited to, employees, students, and board members acting in their MTU affiliation, independent contractors, visitors, service providers, and volunteers.
  • Employee” means all faculty, staff, and student employees.
  • Suspected misconduct” means conduct or actions that a reporter, in good faith, believes to be substantive violations of laws, regulations, University policies, ethical or professional standards, or believes to be an act of retaliation. This may include, for example:
    • fraud
    • theft or embezzlement
    • inappropriate supervisory directive
    • bullying
    • time abuse
    • inappropriate disclosure of confidential information.
    • For more information on types of misconduct and the responsible departments on campus, see the Compliance and Ethics Reporting Contacts on the Main Campus Compliance Office website.
  • Whistle-blowers” and “reporters” mean members of the University community who report suspected misconduct to one or more of the parties specified in this policy or to a regulatory or licensing agency.
  • Retaliation” means threatening or taking a discriminatory or adverse action against a whistle-blower for submitting reports of suspected misconduct or cooperating with or participating in an investigation (see Section 6).
  • Good faith” means that a reasonable basis exists given the evidence available to the whistle-blower.
  • Investigation” means any formalized University procedure used to address suspected misconduct.  Not all matters result in investigative reports.

 

  1. Ombudsman/Dispute Resolution Services

 

Individuals are encouraged to consult with the staff, faculty, or graduate student Ombudsman/Dispute Resolution Office, as appropriate, to discuss concerns or suspected misconduct, and to learn of official policies and procedures, where to go to file a formal complaint, and how to notify University officials of a problem. The Ombudsman offices can also assist in facilitating constructive dialogue.

Speaking with an Ombudsman office about a problem does not constitute formal notice to the University for the purpose of initiating mandatory reporting requirements, and the information reported will not be shared with any other office.

  1. Reporting Suspected Misconduct

 

The University encourages individuals to report suspected misconduct by one of the following methods:

  • To a direct supervisor or the next level supervisor, unless there is knowledge or a belief that the supervisor is involved in the suspected misconduct. Supervisors should consult with responsible departments for guidance in handling allegations of misconduct.
  • To the appropriate department with jurisdiction over the issue (see the lists of responsible departments on the Main Campus Compliance Office and HSC Compliance Office websites).
  • To the MTU Compliance Hotline, anonymously if preferred, at + 90 (392) 8150335 or on-line at: ethicspoint@mesarya.university.com

The Main Campus and HSC Compliance Offices facilitate the compliance hotline and on-line reporting system. Suspected misconduct by one of the Compliance Offices should be reported to either the University Rector’s Office or the Chancellor for Health Sciences.

Various policies in the University Administrative Policy ManualFaculty Handbook, and Student Handbook provide reporting and investigation processes that may be accessed by any member of the University community. This policy does not supersede those reporting and investigation mechanisms, but rather provides an additional reporting mechanism that may be accessed, if desired and appropriate.

The University may be required to forward certain reports of suspected misconduct to outside agencies.

4.1. Reporting to the Office of Equal Opportunity

 

The Office of Equal Opportunity (OEO) is charged with ensuring compliance with civil rights laws, regulations, policies, and procedures. All civil rights complaints, reports of sexual misconduct, or civil rights retaliation matters should be reported to OEO at + 90 (392) 2284989 or by visiting OEO’s office at  +90(392) 2276217  on the MORA campus.

4.2. Reporting Abuse or Neglect of a Minor

 

Every member of the University community has an obligation under Applicable Northern Cyprus law to report any instances or suspected instances of the abuse or neglect of a minor. Anyone who knows, suspects, or receives information indicating that a minor has been abused or neglected, or who has other concerns about the safety of minors, should contact MTU Police or the State of Applicable Northern Cyprus (TRNC) Children, youth, and Families Department + 90 (392) 2284989

 

  1. Confidentiality and Anonymity

 

Reports of suspected misconduct will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation and the University’s legal obligations. Sometimes the reporter’s identity may become obvious to others due to the nature of the allegation.  In addition, the reporter’s identity may be disclosed on a need-to-know basis:

  • to University employees assigned to investigate the matter;
  • to University administrators and Trustee conducting an investigation or effectuating remedies;
  • to any law enforcement agency investigating the matter;
  • if required pursuant to a subpoena or by law;
  • if necessary to defend a grievance;
  • if required by due process in connection with disciplinary action against the person accused; or
  • as required by law.

The applicable administrator will notify the reporter, in advance to the extent possible, when the reporter’s identity will be disclosed under any of the above circumstances.

Making an anonymous report may limit a reporter’s protection from retaliation and the University’s ability to conduct a full and thorough investigation.

  1. Whistle-blower Protection against Retaliation

 

In accordance with the Applicable Northern Cyprus (TRNC) State Whistle-blower Protection Act, the University is committed to protecting members of the University community who report suspected misconduct or who cooperate with or participate in an investigation. Anyone who, in good faith, reports suspected misconduct will be protected from retaliation as a result of such reporting, regardless of whether or not an investigation confirms the misconduct. No member of the University community shall discharge, demote, suspend, threaten, harass, discriminate against, or otherwise sanction or discipline the whistle-blower for reporting what the whistle-blower sincerely believes to be suspected misconduct. This whistle-blower protection extends to individuals who provide information in relation to an investigation (see Section 9).

No member of the University community may interfere with or try to interfere with the right of an individual to report suspected misconduct or cooperate with or participate in an investigation. Any member of the University community who interferes with or tries to interfere with the right of another individual reporting suspected misconduct or cooperating with or participating in an investigation may be subject to disciplinary action, up to and including termination or expulsion.

Reporting suspected misconduct does not exempt an employee from legitimate personnel action taken during the normal course of business, or exempt a student from legitimate academic action.

If whistle-blowers believe that retaliation or interference was threatened, attempted, or occurred, they may file a complaint through channels identified in section 4 of this policy.

 

  1. Investigation of Suspected Misconduct

 

When suspected misconduct is reported through the MTU Compliance Hotline, the allegations will be referred to the responsible department with jurisdiction over the alleged misconduct, which will acknowledge receipt of the allegation of suspected misconduct to the reporter and conduct a preliminary review to determine whether the issue warrants a more in-depth investigation. Some matters reported are solved quickly and informally, without an investigation.  If an in-depth investigation is warranted, the responsible department will conduct it in accordance with that department’s investigation guidelines, which must be posted publicly for transparency. For those departments without their own investigation guidelines, contact the MTU Main Campus or HSC Compliance Office.  A joint investigation may be conducted when more than one University department or office has jurisdiction over the issues raised in the report.

Individuals tasked with investigating suspected misconduct must do so fairly, objectively, and thoroughly. They should identify the exact issue and policies that are in question of being violated, interview key individuals and witnesses, emphasize the need for cooperation and discretion, and summarize the facts and findings in a report.

If a reporter believes in good faith that there is a conflict of interest between the investigating body and the issues being investigated or individuals involved or participating in the investigation, the Main Campus or HSC Compliance Office should be contacted for consultation. If the Main Campus or HSC Compliance Office determines that a bona fide conflict of interest exists, it will help coordinate an alternative investigative process.

  1. Report of Investigation

 

Investigative reports are completed and distributed to the appropriate administrator who will effectuate remedies. Reporters and the appropriate Compliance Office will be notified when the investigation is completed, when applicable, and in some cases will receive a copy of the report.  Some investigation processes are legally mandated or otherwise prescribed and may not comply with such notification procedures.

If, after investigation, it is determined that illegal activity appears to have occurred, the findings will be reported to the applicable audit and law enforcement agencies, and, as appropriate, to regulatory agencies, in coordination with the University Counsel and, when needed, other University administrators. Certain departments that conduct investigations are required to report directly to outside agencies. Other departments are not required to do so (such as the Office of Equal Opportunity) and their investigation results will be deemed in compliance with this provision upon completion of the investigation.

  1. Cooperation with Investigations

 

All members of the University community are expected to cooperate and not interfere with investigations. Individuals who hinder, obstruct, or otherwise interfere with an investigation may be subject to disciplinary action, up to and including termination from employment or expulsion from the University.  See Section 6.

 

  1. False Information or False Accusations

 

Any member of the University community who knowingly gives false or materially inaccurate information; knowingly makes a false report of suspected misconduct or a subsequent false report of retaliation; or who knowingly provides false answers or information in response to an on-going investigation may be subject to administrative action by the University including disciplinary action, up to and including termination from employment or expulsion from the University.

  1. Disciplinary Action

 

All disciplinary action taken against a member of the University community that is based on the findings of an investigation will be issued in accordance with applicable policies and standards, such as the University Administrative Policies and Procedures Manual, the Faculty Handbook, the Student Handbook, or collective bargaining agreements.

  1. References

 

MTU Compliance Hotline (+90(392) 2276217 or on-line at ethicspoint@mesarya.university.com)

MTU Main Campus Compliance Office

MTU HSC Compliance Office

 

List of Responsible Departments

Office of Equal Opportunity

Ombudsman/Dispute Resolution Office – staff

Ombudsman/Dispute Resolution Office – faculty

Ombudsman/Dispute Resolution Office – graduate student

RPM 2.18 (“Guiding Principles”)

UAP 2205 (“Minors on Campus”)

UAP 2240 (“Respectful Campus”)

UAP 2500 (“Acceptable Computer Use”)

UAP 2720 (“Equal Opportunity, Non-Discrimination, and Affirmative Action”)

UAP 2740 (“Sexual Violence and Sexual Misconduct”)

UAP 2745 (“Northern Cyprus (TRNC) Law Compliance”)

UAP 4000 (“Allowable and Unallowable Expenditures”)

UAP 7205 (“Dishonest or Fraudulent Activities”)

Faculty Handbook Policy E40 (“Research Misconduct”)

 

 

 

 

– Policy 2205: Minors on Campus

Date Originally Issued: October 21, 2019

Authorized by RPM 2.5 (“Sexual Harassment”)

Process Owner: Chief Compliance Officer

  1.  General 

 

Although the Mesarya Technical University is committed to the safety of all members of its community, the University has particular concern for potentially vulnerable populations, such as minors, who may require special attention and protection.  This policy establishes general standards for minors participating in University programs and for minors visiting University workplaces and classrooms.  Individual units of the University may develop more stringent standards to address their particular needs, including ethical standards and codes of conduct.

  1.  Definitions

 

For the purposes of this policy, the following terms are defined as specified:

  • Abuse or neglect of minors” means infliction of physical or mental injury, sexual abuse, or exploitation, or negligent treatment or maltreatment of a person under age 18.
  • Authorized adults” means individuals including program leaders, whether paid or unpaid, who interact with, supervise, chaperone, mentor, or otherwise oversee minors in University programs.
  • Campus” means all buildings, facilities, and properties that are owned, operated, managed, rented, or controlled by the University for University programs.
  • External organization” means a third-party vendor or other non-University organization or individual that uses University facilities to conduct a program or activity with minors pursuant to an approved contract with the University.
  • Minor” refers to a person who is under the age of 18, but does not include students enrolled at MTU or student employees at MTU.
  • Program leader” means the person primarily responsible for the management, oversight, and implementation of a University program for minors.
  • University program” means an activity for minors (1) operated or sponsored by a University department, college, or school,  (2) during which the University assumes responsibility for the care, custody, or control of the minors.
  • University program” does not mean:
    • Activities in which minors are supervised by parents, guardians, chaperones, or third parties
    • Kindergarten through 12th grade groups visiting campus as members of campus tours
    • Patrons of educational or entertainment events or activities, such as at Pope joy or the Duck Pond
    • Human subjects research involving minors conducted under the oversight of an institutional review board

 

  1.  Code of Conduct

 

Members of the campus community, particularly those working with minors, are expected to perform their duties with the highest degree of integrity, honesty, and good judgment consistent with Trustee’ Policy 2.18 (“Guiding Principles”). To ensure the safety and wellbeing of minors, those who interact with minors on campus are encouraged to meet in groups or public areas, and to be aware of the impact of their words and actions.

As discussed in Section 6, under Applicable Northern Cyprus (TRNC) state law, all members of the University community must report immediately if they have reasonable cause to suspect abuse or neglect of minors.

 

  1.  University Program Requirements

 

Program leaders must obtain from each minor’s parent or guardian a signed copy of the Minor Participant Waiver and Notice of Risk Form (Exhibit A ) and the Minor Participant Emergency Contact and Medical Release Form (Exhibit B) .Or, alternatively, program leaders may obtain from each minor’s parent or guardian a signed copy of other similar forms that have been reviewed by the Office of University Counsel .

 

Program leaders should provide that the ratio of adults to minor program participants follow the  Northern Cyprus (TRNC) Camp Association ratios.

 

  • 5 years and younger: 1 staff for each 5 overnight campers and 1 staff for each 6 day campers
  • 6–8 years: 1:6 for overnight, and 1:8 for day
  • 9–14 years: 1:8 for overnight and 1:10 for day
  • 15–18 years: 1:10 for overnight and 1:12 for day

 

Licensed Child Care Centres affiliated with the University are subject to the childcare centre requirements specified in Applicable Northern Cyprus law.

4.1. Training for Those Participating in University Programs

Program leaders should identify the authorized adults who must complete appropriate training.  Training is offered to employees through Learning Centre. The same training can be offered to other authorized adults who are not employees through links on the Main Campus Compliance Office’s website. The training includes:

  • Basic warning signs of abuse or neglect of minors.
  • Guidelines for protecting minors from emotional and physical abuse and neglect.
  • Requirements and procedures for reporting incidents of suspected abuse or neglect or improper conduct.

Units may offer additional training to authorized adults to meet the specific needs of individual University programs.

4.2. Criminal Background Checks

 

Authorized adults who will have one-on-one contact with minors or participate in overnight activities with minors, must clear criminal background checks prior to participation in these University programs.  Program leaders may require other authorized adults to clear background checks prior to participation in University programs.  Additional information on background checks can be found in UAP 3280 (“Background Checks”).

 

 

  1.   External Organizations

 

External organizations must:

  • Establish a contractual relationship with the University for the use of facilities or resources;
  • Identify a contact person or agent who will coordinate with the University;
  • Ensure that their staff has undergone background checks that, at a minimum, comply with Section 4.2; and
  • Provide evidence of insurance coverage that lists “the Mesarya Technical University” as an additional insured party.

 

  1.  Reporting Abuse or Neglect of Minors

 

6.1. Emergencies 

 

In case of an emergency, one should immediately call MTU Police at + 90 (392) 2276217

6.2. Reports of Known or Suspected Abuse or Neglect of Minors

 

Every member of the University community has an obligation under Applicable Northern Cyprus law to report any instances or suspected instances of the abuse or neglect of a minor. Anyone who knows, suspects, or receives information indicating that a minor has been abused or neglected, or who has other concerns about the safety of minors, should contact MTU Police  or the State of Applicable Northern Cyprus Children, Youth and Families Department at + 90 (392) 2276117

Program leaders must take immediate steps to prevent further harm to the alleged victim or other minors, including, where appropriate, removing the alleged abuser from the program or activity or limiting his or her contact with minors pending resolution of the matter.

  1.  Retaliation

 

UAP 2200 (“Reporting Suspected Misconducted and Whistle-blower Protection from Retaliation”)  protects individuals from retaliation when they make good faith reports of suspected misconduct that may be taking place at the University.

  1.  Minors in the Workplace or Classroom

 

As discussed in this section, in certain circumstances, it may be appropriate for faculty, staff, and students to bring their minor children to the workplace or classroom. In such situations, the goal should be to foster respect for the needs of all parties impacted by the presence of the minor children.  Faculty, staff, and students:

  • May occasionally bring minors to the workplace for brief visits, specific campus events, situational convenience, or family emergencies. These should be occasional and not in the place of regular childcare.
  • Must obtain prior approval from their workplace supervisor or classroom instructor before bringing a minor to the workplace or classroom.
  • Accept full responsibility for the minor’s safety and supervision and for any damage to property or injury to persons that is caused by the minor’s presence.
  • Accept responsibility for monitoring the minor’s behaviour to prevent interruptions to University business or instruction.

If a minor is too ill to be sent to the regular childcare location or school, he or she generally should not be brought to the workplace or classroom.  Exceptions may be made if prior approval is obtained from the supervisor or instructor.

Minors are not allowed in high-risk or hazardous areas as defined by the supervisor or instructor. These areas may include mechanical rooms, food preparation areas, areas with heavy equipment, University vehicles, or laboratories or other specialized hazardous areas.

  1. References

 

  • Exhibit A: Minor Participant Waiver and Notice of Risk Form
  • Exhibit B: Minor Participant Emergency Contact and Medical Release Form

 

 

 

 

– Policy 2210: Campus Violence

Date Originally Issued: October 21, 2019

Authorized by RPM 3.1 (“Responsibilities of the Rector”)

Process Owner:  Chief, MTU Police Department

  1. General

 

The Mesarya Technical University is committed to providing an environment that is free from violence. Acts or threatened acts of violence will not be tolerated. Anyone engaging in such conduct will be subject to discipline, up to and including dismissal from employment, expulsion from the University, or banishment from campus, and may be subject to civil and/or criminal penalties.   This policy applies to all members of the campus community, including employees, students, and visitors.

It applies to the conduct of University employees while functioning in the course and scope of employment whether on or off-campus and to off-duty violent behaviour that adversely impacts employees’ ability to perform their job responsibilities.

It applies to students, whose conduct is subject to the Student Code of Conduct. Acts of violence by students committed off-campus may be subject to disciplinary action by MTU if the Dean of Students Office determines that the health, safety, or welfare of the University community is endangered.

It applies to visitors, whose conduct is subject to the Visitor Code of Conduct.

 

 

  1. Violent Conduct

 

For the purposes of this policy, “violent conduct” includes, but is not limited to:

  • Engaging in verbal, non-verbal, or physical behaviour that causes reasonable apprehension of harm or extreme emotional distress to an identifiable individual (verbal behaviour includes the use of any method of communication, such as email, telephone, or any type of electronic or social media)
  • Intentionally or recklessly harming another person physically
  • Carrying or using a prohibited weapon (see Section 5) on University premises
  • Intentionally damaging or threatening to damage University property or the property of any employee, student, or visitor (other than disposing of property in accordance with University policy and the law)
  • Hate crimes and, depending on the circumstances, hate/bias incidents (see Section 6)
  • Sexual misconduct as defined in UAP 2740 (“Sexual Harassment and Sexual Misconduct”)

 

2.1. Free Expression

 

This policy is not intended to prohibit the exchange of diverse viewpoints which some members of the campus community find offensive, even abhorrent.  The Constitution of Northern Cyprus (TRNC) protects the expression of offensive ideas, but does not protect their expression in a way that is threatening or intimidating or which unduly interferes with the rights of others to learn and work.

  1. Reporting Incidents

 

The University expects all members of the campus community to report violent conduct according to the procedures described below.

3.1. Emergency Reporting

 

Emergency situations that pose an imminent danger to self or others must be reported immediately to the MTU Police by dialling 152 or using a blue emergency phone.

3.2. Non-Emergency Reporting

Non-emergency situations may be reported to the MTU Police Department at + 90 (392) 2276217 Confidential and/or anonymous reporting is available at Crime Stoppers + 90 (392)2276217 or on the MTU Police Department’s Submit an Anonymous Tip or Incident webpage.

Non-emergency reports of violent conduct also may be made to supervisors, Resident Advisors, or the Behavioural Assessment and Response Committee.

 

3.3. Reporting to the Dean of Students

 

Any student who experiences violent conduct from another student is strongly encouraged to report the incident to the Dean of Students Office + 90(392) 2276217 or the MTU Police Department.  Students who experience any act of violence committed by a MTU staff or faculty member or a visitor may also contact the Dean of Students Office, which can assist the student with appropriate reporting and follow-up.Concerns about the behaviour of or statements made by a student that suggest the student may be in distress should be reported as described in Section 7.2.

3.4. Sexual Misconduct

 

The University recognizes the unique harm caused by acts of sexual misconduct, including rape.  The University urges any student or other member of the campus community who has experienced sexual misconduct, or has knowledge about an incident of sexual misconduct, to make an official report. For detailed information on reporting options and resources, see UAP 2740 (“Sexual Harassment and Sexual Misconduct”)  and the OwlRespect Advocacy Centre website.

 

  1. Treatment of Reports

 

4.1. Confidentiality

 

The University will treat reports about violent conduct as confidential to the extent circumstances permit, and information will be released to appropriate University officials only on a need-to-know basis and as required by law. For information on confidentiality of reports made to the staff Dispute Resolution Department, refer to UAP 3220 (“Ombudsman Services and dispute Resolution for Staff”) and UAP 3750 (“Counselling Assistance and Referral Service”).

 

4.2. Retaliation Prohibited

 

The University prohibits retaliation against, or harassment of, individuals who act in good faith by reporting actual or perceived violent behaviour or potentially violent behaviour.  Any member of the campus community who is found to have retaliated against another in violation of this policy is subject to appropriate disciplinary action.

4.3. Filing of False or Misleading Reports

 

The University prohibits individuals from making deliberately false or misleading reports of violence or threats of violence under this policy.  Individuals who make such reports will be subject to appropriate disciplinary action.

  1. Weapons Prohibited on University Premises

 

For the purpose of this policy, “weapons” include firearms, ammunitions, or other implements that are designed or used to inflict bodily harm or physical threats or damage.

Other than the limited exceptions noted below, carrying weapons on University premises is prohibited.  Note that providers of certain services on campus, such as Residence Life and University Clinics, may have more restrictive policies on allowing weapons on their premises.

5.1. Limited Exceptions

 

The limited exceptions to the prohibition on carrying weapons on University premises are for:

  • Law Enforcement Officers and MTU Clinics Security Officers. They may carry weapons in the performance of their authorized duties.
  • ROTC students. They may carry inoperable weapons for the limited purpose of conducting required and supervised drills during ROTC activities.
  • Pocket Knives. Members of the campus community may carry ordinary small pocket knives having a folded metal blade, for self-defence or utility purposes.
  • Stun Guns and Pepper Spray. Members of the campus community may carry stuns guns with maximum amperage of five (5) milliamps for self-defence purposes. Members of the campus community may carry pepper spray (a/k/a oleoresin capsicum) in containers no larger than 2.5 ounces, with a concentration of oleoresin capsicum of no more than ten (10) per cent, for self-defence purposes. The University encourages anyone who carries a stun gun or pepper spray to learn how to use it, be aware of its limitations, and realize that it can be used against you in a physical confrontation. No other electro-shock weapons, such as Tasers, are authorized, except by law enforcement officers and MTU Clinics Security Officers.
  • Other University Business. On a case-by-case basis, the MTU Police Department may authorize the use of weapons for art projects or exhibitions, research, or other University business purposes.

With the foregoing exceptions, no person may carry or use a weapon on any University premises. If any person does carry weapons on campus, the person may be subject to appropriate disciplinary and criminal action.

5.2. Firearms

 

Under Applicable Northern Cyprus (TRNC) laws and regulations it is illegal to carry a firearm on University premises. Firearms include any weapon that can expel a projectile by the action of an explosion, such as handguns, rifles, and shotguns.

5.3. Concealed Handgun Licenses

 

Persons holding a valid concealed handgun license under the Applicable Northern Cyprus Concealed Handgun Carry Act, or a valid comparable license under the law of any other country, are prohibited from carrying their handguns on University premises.

  1. Hate Crimes and Hate/Bias Incidents

 

Under the Applicable Northern Cyprus Hate Crimes Act, a hate crime is a crime committed in whole or in part because of the victim’s actual or perceived race, religion, colour, national origin, ancestry, age, handicapped status, gender, sexual orientation, or gender identity.  The Applicable Northern Cyprus Hate Crimes Act provides for enhancing the criminal sentence of persons found guilty of committing a crime motivated by hate.  Some possible examples of hate crimes are painting of racial or ethnic slurs on public property, assaulting a person because of perceived religious affiliation, or vandalizing property while yelling derogatory comments about someone’s sexual orientation.  Reports of hate crimes on University property are investigated by the MTU Police.

Some expressions of hate or bias are non-criminal actions, such as disparaging speech directed against someone by an offender who is motivated by hate for, or bias against, that person’s race, colour, ethnicity, national origin, sex, gender identity or expression, sexual orientation, disability, age, religion, or other protected status.  The University has a process for reporting incidents of hate or bias through the MTU Division for Equity and Inclusion.  For more information contact the Division for Equity and Inclusion at + 90 (392) 2276217 or online at https://diverse.mesarya.education

 

  1. Threat Assessment

 

7.1. Employees

Concerns about an employee’s behaviour can be reported to MTU Police by dialling 152 (emergency) or +90 (392)2276217 (Non-emergency), as described in Section 3 above. Supervisors may consult with Counselling, Assistance, and Referral Services (CARS) and Human Resources, and may recommend CARS as a resource. Referring employees to CARS gives them an opportunity to resolve personal and professional difficulties before they seriously affect job performance and safety.

7.2. Students

 

The Behavioural Assessment and Response Committee (BARC) is a group of behavioural health professionals and other experts that focuses on student behaviour.  BARC assists the campus community in developing management plans for students whose behaviour is of concern. For assistance with student behaviour of concern that is non-emergency, contact BARC at +90 (392)2276217 or the Dean of Students Office at +90 (392)2276217

 

  1. Discipline

 

Given the serious nature of violations to this policy, such violations can result in acceleration of the steps in progressive discipline or other disciplinary measures.  Staff will be disciplined for violations of this policy under UAP 3215 (“Performance Management”); faculty under Faculty Handbook Policy C07 (“Faculty Disciplinary Policy”); students under the Student Code of Conduct; and visitors under the Visitor Code of Conduct.

 

  1. Prevention

 

Prevention is key in providing a safe work and academic environment. Training and awareness can assist in keeping the campus safe and preventing violence.

9.1. Training

 

Departments can receive training on the identification and management of violent or potentially violent situations. The Women’s Resource Centre provides training through its Gendered Violence Prevention Program. The University Emergency Manager provides active shooter training.  Free online training is provided through Learning Central on:

  • “Campus Violence Prevention”
  • “Active Shooter on Campus: Run, Hide, Fight”

 

9.2. Awareness

 

9.2.1. Employees

 

Certain events in the workplace, such as corrective discipline, layoffs, harassment, and employee impairment, can trigger violence and should be handled with care. Violence, however, may erupt even when these events are handled appropriately and with compassion. The staff and faculty Ombudsman/Dispute Resolution Offices can assist in resolving disputes and problems between supervisors and employees.

Supervisors need to pay attention to, and seek assistance for, signs of stress in the workplace, including organizational or job changes that affect employees, friction between employees, and hazardous working conditions. CARS can help employees experiencing stress and also can assist supervisors with identification and reduction of stress.

 

9.2.2. Students

 

Certain events in students’ lives can trigger violence and should be handled with care. BARC provides resources and guidance on recognizing student behaviour of concern. The OwlRESPECT Advocacy Centre provides a safe and welcoming environment for students to receive support and advocacy services for a number of areas. MTU Ombudsman/Dispute Resolution Services for Graduate Students provides consultation and mediation services for graduate students in resolving conflicts with colleagues, staff, administrators, or faculty.

  1. References

 

Faculty Handbook C05 (“Rights and Responsibilities at The Mesarya Technical University”) 

Faculty Handbook C07 (“Faculty Disciplinary Policy”)

Faculty Handbook (“Policy on Academic Freedom and Tenure”) 

The Student Handbook (“Visitor Code of Conduct”) 

The Student Handbook (“Student Code of Conduct”)

UAP 2200 (“Reporting Suspected Misconduct and Whistle-blower Protection from Retaliation”)

UAP 2220 (“Freedom of Expression and Dissent”)

UAP 2740 (“Sexual Violence and Sexual Misconduct”)

UAP 3215 (“Performance Management”)

UAP 3220 (“Ombudsman Services and Dispute Resolution for Staff”)

UAP 3225 (“Separation of Employment”)

UAP 3270 (“Employee Impairment at Work”)

UAP 3750 (“Counselling, Assistance, and Referral Service”)

Hate/Bias Incident Reporting

 

 

 

– Policy 2215: Consensual Relationships and Conflicts of Interest

Date Originally Issued: October 21, 2019

Process Owners: Provost/Executive Vice Rector for Academic Affairs, Chancellor for Health Sciences, and Vice Rector for Human Resources

  1. General

 

The University normally has no interest in romantic or sexual consensual relationships involving members of the campus community.  However, when such relationships occur in educational or supervisory contexts, they can present serious ethical concerns and compromise the University’s academic and work environment, in part due to an inherent power differential between the parties.  The relationships can lead to charges of sexual harassment and exploitation, especially when the relationships end, or cause third parties to have concerns about undue advantage or restricted opportunities.  For these reasons, consensual relationships in which one party, the “superior,” has a formal instructional, supervisory, evaluative, or advisory role over the other party, the “subordinate,” must be disclosed in order to manage the actual or perceived conflicts of interest caused by the relationships and to mitigate adverse effects on third parties.

This policy applies to all faculty, staff, and students at the University and to others who participate in the University’s programs and activities, whether on- or off-campus and including abroad.

  1. Definitions

 

For the purposes of this policy:

  • A “consensual relationship” means a relationship in which a superior and a subordinate are engaged by apparent mutual consent in a romantic or sexual relationship.  “Apparent mutual consent” means that consent may be difficult to assess or construed as coercive due to the inherent power differential and other factors such as race, gender, sexual orientation, citizenship status, English proficiency, or past relationships and victimization.  (Note that, under Applicable Northern Cyprus law, it may be a criminal offense to have sexual relations with persons eighteen years of age or younger and with other persons who are incapable of providing consent.)
  • A “superior” and “subordinate” mean the parties to a consensual relationship in which the superior exercises authority over the subordinate, such as teaching (including teaching assistants), supervising, evaluating, or advising.

 

  1.  Reporting Responsibility

 

A superior shall not exercise authority (such as by teaching, supervising, evaluating, or advising) over a subordinate with whom the superior is involved in a consensual relationship.  The superior must disclose the relationship to an immediate supervisor as soon as possible.  A superior should disclose a past consensual relationship with a subordinate to an immediate supervisor if the superior is currently exercising authority over that subordinate and believes a conflict exists.

Superiors are expected to cooperate in actions taken to eliminate conflicts of interest and mitigate adverse effects on third parties.  When superiors fail to disclose current or on-going consensual relationships, or fail to cooperate in efforts to manage the conflicts of interest caused by the relationships, they may be subject to disciplinary actions in accordance with the Faculty Handbook and other University policies.

  1.  Other Reporting Options

 

Though the primary responsibility for reporting consensual relationships rests with the superior, a subordinate may report a consensual relationship to the superior’s immediate supervisor.

Consensual relationships may prompt third-party reports of the relationships, especially when third parties perceive that the relationships give undue access or advantage to the subordinate, restrict opportunities for others, or create a perception of these problems.  Third parties, who believe they have been disadvantaged, may make good-faith reports of conflicts of interest due to consensual relationships to the following:

  • the superior’s immediate supervisor
  • the applicable chair, dean, director, or vice Rector

 

 

 

 

  1. Immediate Supervisor Responsibility

 

An immediate supervisor who is notified, or becomes aware, of a consensual relationship, shall take immediate steps to manage the conflict of interest caused by the relationship.  In most instances that will be accomplished by providing an alternative means for the teaching, supervising, evaluating, or advising the subordinate.  For certain departments or specialized disciplines, the immediate supervisor may have to arrange for another department or unit to exercise authority over the subordinate.  Supervisors may seek guidance from the Office of Equal Opportunity, Human Resources Division, or Office of the Provost , , and should document the steps taken to manage the conflict of interest.  (An example of a management plan is attached as Exhibit A.)

When a student is the subordinate in a consensual relationship, the immediate supervisor of the superior should endeavour to preserve the student’s immediate and long-term educational opportunities, ability to meet program requirements, and career progression.

  1. Confidentiality, Non-Retaliation, and Resources

 

As part of managing or eliminating conflicts, it may be necessary for immediate supervisors to provide general information about the conflicts to other individuals.  Every reasonable effort, however, should be made to preserve confidentiality, to provide information on a need-to-know basis, and to protect the privacy of the parties.  This includes responses to third-party reports.

For staff, immediate supervisors should keep all documentation related to a consensual relationship secure and separate from the official files that are maintained on the parties to the relationship.  For faculty, immediate supervisors should maintain documentation related to consensual relationships in the applicable faculty personnel files, in accordance with Faculty Handbook Policy C70 (“Confidentiality of Faculty Records”).

Retaliation of any kind will not be tolerated and will be promptly investigated by the University, in accordance with UAP 2200 (“Reporting Suspected Misconduct and Whistle-blower Protection from Retaliation”) Counselling and other support services are available to the parties involved in consensual relationships, including from Student Health and CounsellingCounselling, Assistance and referral Services;Ombudsman (Faculty  or Staff); and the Office of Equal Opportunity.

 

  1. Related Policies

 

Faculty Handbook Policy C30 (“Employment of Relatives”)

Faculty Handbook Policy C70 (“Confidentiality of Faculty Records”)

UAP 2200 (“Reporting Suspected Misconduct and Whistle-blower Protection from Retaliation”)

UAP 3210 (“Recruitment and Hiring”)

UAP 2730 (“Sexual Harassment”)

 Exhibit A: Sample Management Plan

 

 

 

 

 

 

 

– Policy 2220: Freedom of Expression and Dissent

Date Originally Issued: October 21, 2019.

Process Owner: University Counsel

  1. General

 

As an institution that exists for the express purposes of education, research, and public service, the University is dependent upon the unfettered flow of ideas, not only in the classroom and the laboratory, but also in all University activities. As such, protecting freedom of expression is of central importance to the University. The exchange of diverse viewpoints may expose people to ideas some find offensive, even abhorrent. The way that ideas are expressed may cause discomfort to those who disagree with them. The appropriate response to such speech is speech expressing opposing ideas and continued dialogue, not curtailment of speech.

The University also recognizes that the exercise of free expression must be balanced with the rights of others to learn, work, and conduct business. Speech activity that unduly interferes with the rights of others or the ability of the University to carry out its mission is not protected by the Constitution of Northern Cyprus (TRNC) and violates this policy.

  1. Core Principle

 

The University is committed to tolerate all peaceful speech activities carried out upon the campus unless those activities destroy or materially damage property, materially disrupt other legitimate University activities, or create a substantial health or safety hazard. This policy applies to all buildings, grounds, and property owned or controlled by the University.

  1. Activities

 

3.1. Speech Activities

 

Speech activities protected by this policy include speechmaking, praying, the distribution of written materials, picketing, assembling in groups, demonstrating, sidewalk chalking, erecting symbolic structures, and any other actual or symbolic speech or conduct intended to communicate an idea.

3.2. Legitimate University Activities

 

Legitimate University activities include teaching, research, and public service; all of the administrative operations supporting those activities; and the performance of all University approved educational, commercial, research, professional or other activities by public or private contractors, tenants, or permittees. An activity scheduled under Section 4. herein is a legitimate University activity.

 

3.3. Materially Disrupting Activities

 

A speech activity materially disrupts other legitimate University activities when a reasonable person is unable to effectively perform a legitimate University activity because of the speech activity taking place. Examples of when a speech activity may materially disrupt other legitimate University activities include, but are not limited to:

  • Conducting the speech activity at a volume that substantially disrupts the normal use of classrooms, offices, laboratories, and other University facilities or grounds;
  • Physically preventing persons from entering or leaving a building or premises;
  • Conducting a speech activity inside a building and not ending it at or before the close of the building’s regular hours;
  • Destroying or materially damaging any property; or
  • Creating a substantial health or safety hazard.

 

  1. Scheduling

 

Subject to the exceptions described in Section 4.1 below, scheduling to use University facilities for speech activities is not required. Users, however, should be aware that many facilities, both indoor (e.g. classrooms) and outdoor (e.g. Johnson Fields), are used for regularly scheduled activities that have priority over other uses. In order to reserve the desired space and avoid conflicts with other users, groups or individuals wanting to use a regularly scheduled University facility for a speech activity are encouraged to schedule it at least twenty-four (24) hours in advance with the University Student Activities Centre, or the office that schedules the desired venue, as advised by the Student Activities Centre. Users who fail to schedule a speech activity that occurs and unduly interferes with a prior scheduled activity are in violation of this policy.

4.1. Scheduling Required

 

Because of size, safety, logistics, and other considerations, the following types of speech activities must be scheduled in advance:

  • Assemblies or large events in a University auditorium or similar facility. Users must schedule such events following the procedures of the appropriate University office that oversees the facility.
  • Planned demonstrations on campus. A planned demonstration is a public manifestation of protest, condemnation, or approval; taking the form of a mass meeting, procession, picket, or similar activity which is organized and promoted more than a day before the event. Users must schedule such events with the Student Activities Centre at least twenty-four (24) hours in advance. This does not apply to spontaneous demonstrations for which there is no prior promotion or organization or where events do not allow at least twenty-four (24) hours’ notice in advance. In such situations, as much prior notice as possible must be provided to the Student Activities Centre.
  • Building a symbolic structure on campus, which must be scheduled with the Student Activities Centre at least twenty-four hours in advance.

Scheduling does not operate as a process for prior approval of speech activities based upon content. Speech activities will be scheduled on a first -come, first -served basis for the requested location. Events will not be scheduled only if there is a scheduling conflict with an earlier planned event or if the requested event will clearly result in a violation of this policy. The viewpoint to be expressed through the speech activity is not a factor in scheduling. A decision not to schedule an event may immediately be appealed to the University Rector or designee.

  1. Enforcement

 

Any person violating this policy may be subject to:

  • Institutional disciplinary proceedings under the Student Code of Conduct if a student or the Visitor Code of Conduct if a visitor. Violations by faculty or staff will be referred to the appropriate department or academic unit;
  • An order to leave the premises or property owned or controlled by the University by the police or a person in charge of the property; and/or
  • Arrest for violation of Applicable Northern Cyprus (TRNC) state law(s).

 

 

 

 

– Policy 2230: Police and Security Services

Date Originally Issued: October 21, 2019.

Authorized by RPM 8.2 (“Law Enforcement on Campus”)

Process Owner: Chief, MTU Police Department

  1. General

 

The Mesarya Technical University is committed to the protection of people and property and the preservation of human rights. The MTU Police Department is responsible for providing police and security services to achieve this objective and places emphasis on proactive measures that include maintaining adequate security on campus and at special events taking place at the University’s Mora campus.. Security services include, but are not limited to, security for University-sponsored or sanctioned special events, guard posts, patrols, escorts, and facility checks. Any security to be provided by outside vendors must be approved by the Chief of Police and contracted through the MTU Police Department. This policy applies to all property leased or under the control of the University, with the exception of branch campuses.

  1. Need for Security Services

 

2.1. Special Events and Rental of Facilities to External Users

 

For the purposes of this policy, a “special event” is any non-routine event held in a University building or on University property.  Specials events may require security; the University will evaluate the following factors to determine required security services for a special event:

  • an accurate estimate of the number of attendees at the event
  • the venue’s size and location
  • the number of entrances and exits, within the venue, and access to restrooms and other facilities near the venue
  • whether the event will be open to the public
  • whether there will be a ticketing process and what type
  • length of time scheduled for the event
  • whether the event will occur during daylight or evening hours
  • whether a fee will be charged for entry, goods, or services
  • whether alcohol will be served at the event

A schedule of charges based on the factors above will be updated regularly and posted on the MTU Police Department website. The basic cost of security according to this schedule will be charged to all groups; additional security services may be requested by the special event sponsor for an additional cost.

Any department, group, organization, or person hosting a special event must complete a Special Event Notification Form on the MTU Police Department website ten (10) business days before any scheduled event or rental.  For the purposes of this policy, “business days” are defined as Monday through Friday 8:00 am to 5:00 pm.  A notification is not required when facilities are used for educational programs, Board of Trustee meetings, or other routine University-sponsored events. This notification form must be completed even if the department, group, or organization does not anticipate a need for security. If you have questions concerning the notification or are missing required elements of the notification form, contact the MTU Police Department for assistance.

 

2.2. On-going or Programmatic Needs for Security Services

 

Due to the nature of their activities, some departments require security services on a regular, ongoing basis (such as guard posts and patrols). The MTU Police Department will work with departments to identify the security structure that best meets their needs.

On occasion a department may engage in a unique program that may result in special security needs. In these situations, it is important that departments consult with the MTU Police Department as soon as possible before the start of the program to discuss any security concerns.

  1. Payment for Security Services

 

Based upon the factors and schedule of charges noted in Section 2.1, the MTU Police Department will collaborate with the MTU Special Events Committee (see Section 4) and special event sponsor with regard to the number of police officers, security officers, or combination of officers required to reasonably address the safety and security of participants at the special event.  The University will contract for the prescribed security services.

The special event sponsor is responsible for basic security costs noted in Section 2.1 above. University departments will be invoiced internally for security fees. Non-University sponsors may be required to pay a deposit based on the estimated security costs..

Chartered student organizations may apply to student government for funding to cover the costs associated with special events.

  1. Special Events Committee

 

The Special Events Committee consists of representatives from major areas of the University working with special events. The committee meets regularly to review and approve special events on campus. The committee is also charged with developing and regularly updating the schedule of charges noted in Section 2.1 and informing the University Rector when the University is likely to be responsible for additional security expenses.

 

 

 

 

 

  1. Cancellations

 

In extraordinary circumstances if the security risk to the University is too high, the Chief of Police, in consultation with the Executive ViceRector for Administration, is authorized to cancel the special event, program, or facility rental. A cancellation may be appealed to the University Rector.

If an event is cancelled by a party other than the University, the sponsor must notify the MTU Police Department no later than two (2) business days prior to the scheduled date of the event, program, or rental. Inadequate notice, including cancellations due to unforeseen circumstances (such as inclement weather, speaker cancellation, equipment failures), will result in the sponsor being charged for any security costs incurred.

  1. References

UAP 2140 (“Use and Possession of Alcohol on University Property”)

UAP 2220 (“Freedom of Expression and Dissent”) MTU Student Activities centre: Planning and Marketing Your Event (for chartered student organizations) Special Event Notification Form

 

 

– Policy 2240: Respectful Campus

Date Originally Issued: October 21, 2019

Authorized by RPM 2.4 (“Diversity and Campus Climate”)   & RPM 2.5 (“Sexual Harassment”)
Process Owner: Vice Rector for Human Resources

 

  1. General

 

The Mesarya Technical University promotes a working, learning, and social environment where all members of the MTU community, including but not limited to the Board of Trustee, administrators, faculty, staff, students, and volunteers work together in a mutually respectful, psychologically-healthy environment. MTU strives to foster an environment that reflects courtesy, civility, and respectful communication because such an environment promotes learning, research, and productivity through relationships. Because a respectful campus environment is a necessary condition for success in teaching and learning, in research and scholarship, in patient care and public service, and in all other aspects of the University’s mission and values, the University is committed to providing a respectful campus, free of bullying in all of its forms.  This Policy describes the values, cornerstones, and behaviours that delineate a respectful campus and applies to all members of the MTU community, including, but not limited to students, faculty, and staff.

  1. Values

 

A respectful campus exhibits and promotes the following values:

  • displaying personal integrity and professionalism;
  • practicing fairness and understanding;
  • exhibiting respect for individual rights and differences;
  • demonstrating harmony in the working and educational environment;
  • respecting diversity and difference;
  • being accountable for one’s actions;
  • emphasizing communication and collaborative resolution of problems and conflicts;
  • developing and maintaining confidentiality and trust; and
  • achieving accountability at all levels.

 

  1. Cornerstones of a Respectful Campus

 

The commitment to a respectful campus calls for promotion of an environment where the following are upheld:

  • All individuals have important contributions to make toward the overall success of the university’s mission.
  • MTU’s mission is best carried out in an atmosphere where individuals at all levels and in all units value each other and treat each other with respect.
  • Individuals in positions of authority serve as role models in the promotion of a respectful campus.  Promoting courtesy, civility, and respectful communication is consistent with the responsibility of leadership.
  • Individuals at all levels are allowed to discuss issues of concern in an open and honest manner, without fear of reprisal or retaliation from individuals above or below them in the university’s hierarchy.  At the same time, the right to address issues of concern does not grant individuals license to make untrue allegations, unduly inflammatory statements or unduly personal attacks, or to harass others, to violate confidentiality requirements, or engage in other conduct that violates the law or University policy.
  • Bullying is unacceptable in all working, learning, and service interactions.

 

  1. Destructive Actions

 

Actions that are destructive to a respectful campus will not be tolerated.  These actions include, but are not limited to:

  • Sexual harassment–refer to UAP 2730 (“Sexual Harassment”);
  • Retaliation– refer to UAP 2200 (“Reporting Suspected Misconducts and Whistle-blower Protection from Retaliation”);
  • Conduct which can affect adversely the University’s educational function, disrupt community living on campus, or interfere with the right of others to the pursuit of their education or to conduct their University duties and responsibilities–refer to  MTU Faculty Handbook Section C05, “Rights and Responsibilities at the Mesarya Technical University, “ Visitors Code of Conduct”Student Code of Conduct and UAP 2220 (“Freedom of Expression and Dissent”)
  • Unethical conduct–refer to MTU Faculty Handbook, Section B, Appendix V, “Harassment and Professional Ethics Policy”; and
  • Bullying behaviour which is defined in Section 5

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  1. Definition of Bullying

 

Bullying can occur when one individual or a group of individuals exhibits bullying behaviour toward one or more individuals. Bullying is defined by the University as repeated mistreatment of an individual(s) by verbal abuse, threatening, intimidating, humiliating conduct or sabotage that creates or promotes an adverse and counterproductive environment, so as to interfere with or undermine legitimate University learning, teaching, and/or operations.  Bullying is not about occasional differences of opinion, conflicts and problems in workplace relationships as these may be part of working life.  Bullying can adversely affect dignity, health, and productivity and may be grounds for corrective disciplinary action, up to and including dismissal.  The University Counselling, Assistance, and Referral Services (CARS) Department and the University Ombudsman/Dispute Resolution Services for Faculty and Staff can provide guidance for determining whether behaviour meets the definition of bullying.

 

Examples of behaviours that meet the definition of bullying above include, but are not limited to:

 

 5.1. Physical Bullying

Physical bullying is pushing, shoving, kicking, poking, and/or tripping; assault or threat of physical assault; damage to a person’s work area or property; damage to or destruction of a person’s work product.

 5.2. Verbal Bullying

Verbal bullying is repeated slandering, ridiculing, or maligning of a person or persons, addressing abusive and offensive remarks to a person or persons in a sustained or repeated manner; or shouting at others in public and/or in private where such conduct is so severe or pervasive as to cause or create a hostile or offensive educational or working environment or unreasonably interfere with the person’s work or school performance or participation.

 

 5.3. Nonverbal Bullying

Nonverbal bullying can consist of directing threatening gestures toward a person or persons or invading personal space after being asked to move or step away.

 5.4. Anonymous Bullying

Anonymous bullying can consist of withholding or disguising identity while treating a person in a malicious manner, sending insulting or threatening anonymous messages, placing objectionable objects among a person’s belongings, leaving degrading written or pictorial material about a person where others can see.

 5.5. Threatening Behaviour toward a Person’s Job or Well-Being

Making threats, either explicit or implicit to the security of a person’s job, position, or personal well-being can be bullying.  It is not bullying behaviour for a supervisor to note an employee’s poor job performance and potential consequences within the framework of University policies and procedures, or for a professor or academic program director to advise a student of unsatisfactory academic work and the potential for course failure or dismissal from the program if uncorrected.

  1. Reporting Destructive Actions

 

The destructive actions described in Section 4 herein should be reported in accordance with the applicable policies and procedures listed herein; however, extreme incidents may be reported directly to MTU Police in accordance with UAP 2210 (“Campus Violence”).

 

Bullying behaviour should be reported as follows:

 6.1. Students

An individual who believes a student has engaged in bullying behaviour should report the behaviour to the Dean of Students Office. Students in the School of Medicine who believe that a faculty member has engaged in bullying behaviour towards them should follow the procedures in the MTU School of Medicine “Teacher Conduct and Learner Complaints.” All other students who believe that a staff or faculty member has engaged in bullying behaviour towards them may follow the procedures listed in Sections 6.2. and 6.3. below.

 

Students may also report bullying behaviour by:

  • contacting the Dean of Students Office,
  • calling the MTU Hotline + 90 (392) 2276217.(call may be anonymous, but doing so may limit the University’s ability to conduct a full investigation), or
  • contacting the University Internal Audit Department.

 

If the bullying of students is based on race, colour, religion, national origin, physical or mental disability, age, sex, sexual preference, gender identity, ancestry, medical condition, or spousal affiliation, it should be reported to the University Office of Equal Opportunity.

 6.2. Staff

An individual who believes a staff member has engaged in bullying behaviour may report the behaviour using any of the options listed in Section 4 of UAP 2200 (“Reporting Suspected Misconducts and Whistle-blower Protection from Retaliation.  The individual should select the reporting method he or she is most comfortable with and is most appropriate to the situation.  Although bullying behaviour may not meet the definition of misconduct in Policy 2200, suspected bullying behaviour will be reported and investigated in the same manner as misconduct.

 

6.3. Faculty

An individual who believes a faculty member has engaged in bullying behaviour should follow the procedures listed on the Faculty Handbook website maintained by the Office of the University Secretary. These procedures were approved by the Faculty Senate and all subsequent changes must be approved in accordance with processes defined by the Faculty Senate.

 

  1. Monitoring

 

An annual survey will be undertaken by the Faculty Senate Policy Committee in collaboration with the Staff Council and the Division of Human Resources to measure the effectiveness of the Respectful Campus Policy. The survey should provide on-going monitoring of faculty and staff attitudes concerning the campus climate and culture. The survey results will be distributed to the Faculty Senate, Staff Council, Rector of the University, and executive vice Rectors.

  1. Related Policies

 

RPM 2.4 (“Diversity and Campus Climate”)
RPM 2.5 (“Sexual Harassment”)
UAP 2200 (“Reporting Suspected Misconduct and Whistle-blower Protection from Retaliation”)
UAP 2220 (“Freedom of Expression and Dissent”) 
UAP 2210 (“Campus Violence”)
UAP 2300 (“Inspection of Public Records”)
UAP 3220 (“Ombudsman Services and Dispute Resolution for Staff”)
UAP 2730 (“Sexual Harassment”)
“Student Code of Conduct” Student Handbook
“Visitor Code of Conduct,” Student Handbook
MTU Faculty Handbook, Section C05, “Rights and Responsibilities at the Mesarya Technical University”
MTU Faculty Handbook, Section B, Appendix V, “Harassment and Professional Ethics Policy”
MTU School of Medicine “Teacher Conduct and Learner Complaints” Policy

 

 

 

– Policy 2250: Smoke- and Tobacco-Free Campus

Date Originally Issued: October 21, 2019

NOTE: Smoking and the use of tobacco products are prohibited at the Mesarya Technical University and its branches, except in a small number of outdoor designated smoking areas.

FOR MAPS OF THE CURRENT DESIGNATED SMOKING AREAS, click here for the Mora campus map (which includes the Health Sciences Centre); 

Authorized by RPM 3.1 (“Responsibilities of the Rector”)

Process Owners: University Rector and Program Manager, MTU Campus Office of Substance Abuse Prevention (COSAP)

  1. General

 

The Mesarya Technical University is committed to wellness, prevention, and providing a healthful environment in which to learn, work, and visit. For these reasons and in compliance with Applicable Northern Cyprus (TRNC) state law, smoking and the use of tobacco (including e-cigarettes) are prohibited on all University campuses and property, except for a small number of designated outdoor smoking areas.  Accordingly, smoking and tobacco use are prohibited inside University buildings, in University owned vehicles, and in privately owned vehicles on University property.

An Applicable Northern Cyprus (TRNC) state law establishes smoke-free areas that extend within a reasonable distance from doorways, windows, and ventilation system intakes. It also prohibits situations where people must pass through tobacco smoke to enter or exit a building. In order to enforce this Applicable Northern Cyprus (TRNC) state law consistently near all campus buildings, smoking and tobacco use are prohibited except in a small number of designated outdoor smoking areas. MTU Police officers are authorized to enforce the Act by issuing citations for smoking and tobacco use outside of the designated areas. Fines for non-compliance are graduated and start at $100.00.

  1. Definitions

 

  • Electronic smoking device” means any product containing or delivering nicotine or any other substance that can be used by a person to simulate smoking through inhalation of vapour or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
  • Hookah” means a water pipe and any associated products and devices which are used to produce fumes, smoke, or vapour from the burning of material including, but not limited to, tobacco, shisha, or other plant matter.
  • Designated smoking areas” mean the small number of locations, all of which are outside, where smoking and tobacco use can occur without violating the Act.
  • Smoking and tobacco use” means:
    • Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs, whether natural or synthetic, in any manner or in any form.
    • Using an electronic smoking device that creates an aerosol or vapour, in any manner or in any form.
    • Using smokeless tobacco, such as chew, dip, sinus, and snuff.

 

  1. Dangers of Smoking and Tobacco Use

 

According to WHO and/or the American Cancer Society, tobacco use is the single chief preventable cause of premature death and disease in our society.  It is a leading cause of cancer and death from cancer, including cancer of the lung, mouth, oesophagus, throat, bladder, kidney, liver, stomach, and pancreas.  According to the Centres for Disease Control and Prevention, in the United States, smoking causes about one in five deaths annually, or 1,300 deaths a day.

Exposure to second-hand smoke has been shown to cause lung cancer, coronary heart disease, and other respiratory problems in non-smoking adults and children. The Surgeon General has concluded there is no risk-free level of exposure to second-hand smoke, even small amounts can be harmful to an individual’s health.  The American National Cancer Institute (NCI) states that smokeless tobacco, including chewing tobacco and snuff, contains twenty-eight (28) different carcinogens proven to cause cancers of the lip, tongue, cheeks, gums, and the floor and roof of the mouth and other diseases of the mouth.

Many electronic smoking devices closely resemble and purposely mimic the act of smoking by having users inhale an aerosol or vapour that can contain nicotine and other potentially harmful chemicals.  After testing a number of e-cigarettes from two leading manufacturers, The American Food and Drug Administration determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals, including a toxic chemical used in antifreeze.

Hookah smoke contains many of the same harmful toxins as cigarette smoke and has been associated with lung cancer, respiratory illness, low birth weight, and periodontal disease.  A hookah smoking session may expose the smoker to more smoke over a longer period than occurs when smoking a cigarette and higher concentrations of the same toxins found in cigarette smoke.  A typical one-hour-long hookah smoking session involves 200 puffs, while an average cigarette is 20 puffs.  Using a hookah to smoke tobacco poses a serious health hazard to smokers and others exposed to the emitted smoke.

There is no safe level of tobacco use.  Members of the University community who use any type of tobacco product are strongly urged to quit (see Section 6 for smoking cessation resources).  People who quit smoking, regardless of age, have substantial gains in life expectancy compared with those who continue to smoke.  According to the NCI, quitting smoking even at the time of a cancer diagnosis reduces the risk of death.

Smoking and tobacco use cause fire and safety risks, litter the area, and burden custodial staff. Refraining from smoking and tobacco use demonstrates respect for the campus environment and its people.

 

 

  1. Transition to a Smoke- and Tobacco-Free Environment

 

Smoking and tobacco use are limited to the confines of the designated outdoor areas, which are clearly marked. Individuals choosing to smoke or use tobacco in the designated areas are responsible for properly and safely disposing of all smoking and tobacco litter in the appropriate receptacles.

These designated smoking areas are provided to create a positive transition for individuals who currently smoke and use tobacco, and will be reduced as MTU phases into a totally smoke- and tobacco-free environment.  Current smokers and users of tobacco are encouraged to use this transition period to get help to quit (see Section 6).

 

  1. Education and Enforcement

 

The success of this policy requires thoughtfulness, consideration, and cooperation between smokers and non-smokers. Members of our campus community are empowered to respectfully inform others about this policy in an on-going effort to enhance awareness and encourage compliance.  This policy will depend upon the cooperation of all faculty, staff, students, and visitors not only to comply with this policy, but also to encourage others to comply with the policy, in order to promote a healthful environment in which to work and study.

A group of ambassadors will be trained and deployed to educate and promote awareness of this policy.

MTU Police and Security personnel will enforce Applicable Northern Cyprus (TRNC) state law related to tobacco use and can be called on for assistance with disruptive behaviour (verbal or physical). MTU Police also can issue citations for violators of the Act who repeatedly smoke or use tobacco outside of the designated smoking areas.

Violations by students and visitors should be referred to the Dean of Students for review and action under the Student Code of Conduct and the Visitor Code of Conduct.  Violations of this policy by faculty and staff should be referred to the cognizant dean, director, or department head.  Supervisors are encouraged to address noncompliance with this policy by coaching employees and in annual reviews.  Students, faculty, and staff violating this policy are subject to disciplinary action.  Those having difficulty complying with these restrictions are encouraged to seek assistance from the smoking cessation resources listed in Section 6.

Branch campuses and other satellite locations may develop and provide additional education, support, and compliance programs.

  1. Resources

 

Faculty and staff covered by health insurance may contact their health care provider for benefits available under their health plan.

Information on additional smoking cessation resources and support services may be obtained from the University’s:

Campus Office of Substance Abuse Prevention

Employee Health Promotion Program

Student Health and Counselling

Counselling Assistance and Referral Service 

 

 

 

– Policy 2260: Non-Motorized and Small Motorized Vehicles

Date Originally Issued: October 21, 2019

Authorized by RPM 8.3 (“Parking and Vehicles on Campus”)

Process Owners: Chief, MTU Police Department and Director, Parking and Transportation Services

  1. General

 

The University recognizes the value of non-motorized and small motorized vehicles (collectively referred to as “vehicles” in this policy) as environmentally-friendly forms of transportation. Although the University encourages the use of vehicles for commuting to campus and for cautious transportation on campus, inappropriate use can cause injuries to persons and damage to property. Individuals using vehicles on campus must at all-time yield to pedestrians, use due caution, and exercise concern for the safety of self and others.

Users of vehicles on University property must comply with all aspects of this policy seven (7) days per week, twenty-four (24) hours per day. Users include students, faculty, staff, and visitors. Persons believed to be in violation of this policy must produce identification upon request. The University Rector may ban specified types of vehicles from all University property or from particular areas on campus, on either a permanent or temporary basis.

Mobility devices used by mobility-impaired individuals are excluded from this policy. Vehicles intended for roadway use must comply with UAP 7780 (“Use of University Vehicles on Campus”) and MTU Parking Regulations

 

  1. Types of Vehicles

 

2.1. Non-motorized vehicles

For the purposes of this policy, non-motorized vehicles include, but are not limited to, the following:

  • Bicycles, unicycles, tricycles, and similar vehicles regardless of the number of wheels
  • Skates, including in-line skates, rollerblades, and roller skates
  • Skateboards or other wheeled boards of any size or type including scooters

 

2.2. Small Motorized Vehicles

For the purposes of this policy, small motorized vehicles include, but are not limited to, the following:

  • Motorcycles, mopeds, and motorized scooters
  • Golf carts and ATVs
  • Motorized bicycles and skateboards

2.3. Ban on Hover boards

Due to widespread safety concerns over electronic skateboards or self-balancing scooters informally known as “hover boards,” hover boards are banned on campus.

  1. Safety

 

Users are responsible for being in control at all times of their vehicles so as not to endanger the safety of themselves or others. In all situations, pedestrians have the right of way and users of vehicles must yield to pedestrians. The speed of vehicles shall be limited to a prudent rate that will avoid collisions. Users must keep a reasonable distance; generally 5 meters, from buildings to ensure the use of vehicles does not disrupt University classes or business, interfere with pedestrian traffic, or damage physical structures. Users are encouraged to use safety helmets and other protective equipment and clothing. Users of vehicles shall comply with all applicable Northern Cyprus (TRNC) state laws and regulations concerning proper riding and required equipment. Small vehicles that are not intended for roadway use, such as golf carts or ATVs, are generally allowed on campus only for use by MTU units (see Section 6.3).

  1. Prohibited Acts

 

The following acts with vehicles are prohibited on University property at all times:

  • Performing acrobatic manoeuvres, stunts, trick riding, or similar movements
  • Using excessive speed
  • Jumping on or over steps, benches, rails, walls, fountains, or other permanent or temporary fixtures
  • Skating or riding any vehicle on handicap access ramps
  • Skating or riding any vehicle inside a University building (including a parking structure) or within fifteen (15) meters of a University building
  • Parking a bicycle any place other than at an authorized bicycle rack
  • Taking bicycles into University buildings except as authorized by the appropriate dean, director, or department head
  • Participating in any activity that reasonably presents a risk of injury to persons or damage to property
  • Driving vehicles intended for roadway use (such as motorcycles and mopeds) on sidewalks or pedestrian pathways

 

  1. Enforcement

 

The MTU Police Department and MTU Parking and Transportation Services are responsible for enforcing this policy.

5.1. Sanctions

All student and visitor violations will be referred to the Dean of Students for review and action under the Student Code of Conduct and the Visitor Code of Conduct. All faculty and staff violations will be referred to the cognizant dean, director, or department head. Violators of this policy may also be subject to arrest for violation of Applicable Northern Cyprus (TRNC) state law.

Vehicles improperly parked on University property or inside University buildings as described above are subject to removal under the direction of the MTU Parking and Transportation Services in coordination with the MTU Police and/or the University Physical Plant Department. Impounded bicycles may be retrieved at the MTU Police Department.

  1. Registration

 

6.1. Bicycles

Users are encouraged to register their bicycles free of charge at the MTU Police Department. Registration helps in the location and identification of stolen bicycles.

6.2. Motorcycles, mopeds, motorized scooters

Users may register for parking at MTU Parking and Transportation Services.

6.3. Golf carts and ATVs

Small vehicles that are not intended for roadway use, such as golf carts or ATVs, are generally allowed on campus only for use by MTU units. These vehicles must be registered with the MTU Automotive Centre.

  1. References

 

UAP 7780 (“Use of University Vehicles”)

MTU Automotivecentre

MTU Parking and Transportation Services

MTU Police Department

 

 

 

 

– Policy 2265: Recreational Drones

Date Originally Issued: October 21, 2019

Authorized by RPM 3.1 (“Responsibilities of the Rector”)

Process Owner: Chief, MTU Police Department

  1.  General

 

This policy pertains to the outdoor use of hobby or recreational drones, model airplanes, and other MTU banned aerial vehicles or MTU banned aerial systems (all of which are collectively referred to as “recreational drones” in this policy).

In order to protect the health and safety of the campus community and the public, recreational drones may not be flown above the Mora campus, except as described in Section 4 of this policy.

The scope of this policy is limited to the use of recreational drones. Although outside the policy’s scope, the use of drones for research, educational, or commercial purposes requires an exemption from the FAA under Section 333 of the Modernization and reform Law or a certificate of waiver or authorization from the FAA, and sometimes both. All MTU units that purchase drones should notify Safety and Risk Services’ Manager of Insurance and Claims of drone purchases and when the drones are taken out of use. The information is submitted to the State Risk Management Division for insurance-related purposes.

 

 

  1.  Safety Guidelines for the Use of Recreational Drones

 

The FAA has established safety guidelines for the use of recreational drones, which include:

  • Flying below 400 feet and remaining clear of surrounding obstacles
  • Keeping the aircraft within the visual line of sight at all times
  • Remaining well clear of and not interfering with piloted aircraft operations
  • Not flying within five miles of an airport, unless the airport and control tower are notified before flying
  • Not flying near people or stadiums
  • Not flying a drone that weighs more than 55 pounds
  • Not being careless or reckless with the drone

 

  1.  Mora Campus’s Proximity to Airports and Stadiums

 

The FAA’s safety guidelines state that recreational drones should not be flown in close proximity to airports or stadiums, unless the airport and control tower are notified before flying.  Notably, the entire Mora campus is located within five miles of an airport, either the University helipad or the ERCAN International Airport.

 

  1.  General Prohibition on the Use of Recreational Drones

 

The use of recreational drones on campus exposes the campus community and the public to the risk of injuries from crashes, operator errors, and mechanical failures, as well as privacy invasions and other undesirable consequences. On and near the Mora campus are airports and stadiums, for which recreational drones pose heightened safety risks. For these reasons, the University has instituted a general prohibition against flying recreational drones outdoors above the Mora campus, except as described in Section 4.1 below.

 

4.1. Obtaining Approval for the Use of Recreational Drones for Special Events 

 

The use of recreational drones for special events on the Mora campus may be approved on a case-by-case basis by submitting a Special Event Application Form  to Safety and Risk Services at least three weeks prior to the planned event. The request will also need to be presented to the MTU Campus Events Committee. The Campus Events Committee is facilitated through the Student Activities Centre. Scheduling a presentation to the committee can be done by contacting the Student Activities Coordinator at + 90 (392) 2276217 The Campus Events Committee and Safety and Risk Services will review the Special Event Application Form and notify the applicant whether an exception has been granted.  When an exception is granted, recreational drones should be flown in accordance with the FAA safety guidelines and other applicable standards, including those indicated by the Campus Events Committee.

 

  1.  References 

 

FAA Guidelines for unmanned Aircraft Systems (Fly for Fun)

FAA Guidelines for unmanned Aircraft Systems (Fly for Work/Business)

 

 

 

 

 

– Policy 2270: Camping

Date Originally Issued: October 21, 2019

Authorized by RPM 7.9 (“Property Management”)

Process Owner: Chief, MTU Police Department

General

 

The University is committed to maintaining a clean, aesthetically pleasing, and safe work, educational, and living environment to efficiently carry out its educational mission and business matters.  In an effort to protect University grounds and to protect the health and safety of the University community and public, camping on University grounds is not permitted, except as stated in Section 3.2 below.

 

Scope

 

This policy applies to all employees, students, and visitors.

Definitions

 

Visitor” means a person who is not a Regent or a student and is not employed by the University.

Camping” for purposes of this policy is defined as any of the following on University grounds:

  • Establishing, or attempting to establish, temporary or permanent living quarters, or a place for cooking, storing of personal belongings, or sleeping, by setting up any cooking or sleeping equipment;
  • Sleeping with or without bedding, pillows, sleeping bags, mattresses, backpacks, tents, hammocks or similar devices, structures, or other sleeping equipment between the hours of 10:00 p.m. and 8:00 a.m.;
  • Sleeping in any parked vehicle between the hours of 10:00 p.m. and 8:00 a.m.

3.1.   Such activities constitute camping when it reasonably appears, in light of all the circumstances that the participants, in conducting any of the above activities, are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.

3.2.   Camping, as defined in this policy, does not include the ordinary use of University grounds that have been wholly or in part designated as sleeping or eating areas, nor does it include University sanctioned projects, activities, and events.

 

Responsibilities

 

4.1. The applicable supervisor, department chair, or dean is responsible for addressing non-compliance with this policy by staff and faculty.

4.2. The Student Activities Centre is responsible for addressing non-compliance with this policy by students.

4.3. The MTU Police Department is responsible for addressing non-compliance with this policy by persons other than staff, faculty, or students, and may address violations of this policy by staff, faculty, and students that constitute criminal trespass or any other violation of law.

 

 

 

 

  1. Enforcement

 

Any person violating this policy may be subject to:

  • Institutional disciplinary proceedings under the Student Code of Conduct if a student, or the Visitor Code of Conduct if a visitor. Violations by faculty or staff will be referred to the appropriate department or academic unit;
  • An order to leave the premises or property owned or controlled by the University by the police or a person in charge of the property; or
  • Arrest for violation of Applicable Northern Cyprus (TRNC) state law.

 

Reference

Applicable Northern Cyprus Criminal Trespass Statute, 

 

 

 

 

– Policy 2290: Animal Control on University Property

Date Originally Issued: October 21, 2019

Process Owner: Chief, MTU Police Department

  1. General

 

The Mesarya Technical University maintains an environment designed to support the education, research, and public service mission of the University. Since the presence of animals on University property can adversely affect the normal functions of the University, disrupt community living on campus, and interfere with the rights of others to participate in University activities by causing bodily harm to individuals, unsanitary conditions, and nuisances, the University has adopted the following policy pertaining to animals on campus.

This policy does not apply to animals used by the University for Teaching, research, therapeutic, or other authorized University activities. Nor does this policy apply to the service and assistance animals addressed in UAP 2295 (“Service and assistance Animals”).

 

  1. Restrictions

 

All animals on University property must be on a leash and under the constant supervision and control of their owner/guardian at all times. Animals are not permitted in University buildings or facilities except as authorized by the appropriate dean, director, or department head. Animals may not be left unattended at any time on campus. Animals may not be tied or tethered to any University property, including, but not limited to buildings, railings, bike racks, fire hydrants, fences, sign posts, benches, and trees. Animals are not permitted on athletic fields or in flower gardens/beds, fountains, or the duck pond. Animals may not disrupt or interfere with University activities, including but not limited to teaching, research, service, or administrative activities. Owners/guardians are responsible for:

  • ensuring their animals have all vaccinations and licenses required by applicable laws and ordinances;
  • controlling their animals;
  • cleaning up after their animals;
  • any damage to property or injury to person caused by their animals; and
  • complying with this policy and all state, county, and city laws pertaining to animal control while on campus.

 

  1. Violations

 

Owners/guardians who violate this policy may be given a citation by Campus Police and may be subject to charges under the “Student Code of Conduct” and the “Visitor Code of Conduct.” Any person may contact Campus Police to report a violation of this policy.

 

  1. Related Policies

UAP 2295 (“Service and Assistance Animals”)

 

 

 

 

– Policy 2295: Service and Assistance Animals

Date Originally Issued: October 21, 2019

Authorized by RPM 3.1 (“Responsibilities of the Rector”)

Process Owner:  Director, Office of Equal Opportunity

  1. General

 

In keeping with international and Applicable Northern Cyprus (TRNC) state law, the Mesarya Technical University recognizes its responsibilities to extend equal access to individuals with disabilities who use a Service Animal on University property.   The University will not discriminate against individuals with disabilities who use Service Animals nor, subject to the terms of this Policy, deny those persons access to programs, services and facilities of the University.  This policy applies to individuals with disabilities and Service Animals as defined in governmental law.

In some cases, Assistance Animals that do not qualify as Service Animals may be permitted in MTU Student Housing if shown to be necessary to afford a student with a documented disability an equal opportunity to use and enjoy MTU Student Housing.

1.1. Service Animal

 

A service animal means any dog or other animal, except as otherwise specified, that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.  The work or tasks performed by a service animal must be directly related to the handler’s disability.  The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.  Therefore, comfort or companion animals are not Service Animals.  For safety and infection control purposes, Service Animals shall not include nonhuman primates, birds, amphibians, reptiles, fish, hedgehogs, prairie dogs, cats, or rodents.

 

1.2. Assistance Animal

 

An Assistance Animal means any animal that provides emotional support, comfort, or therapy that alleviates one or more identified symptoms or effects associated with its owner’s disability. Unlike a Service Animal, an Assistance Animal need not be individually trained or certified to perform any disability-related task. Assistance Animals are sometimes referred to as therapy, comfort, companion, or emotional support animals. Generally, Assistance Animals are not permitted in classrooms or in public areas on campus.  In some circumstances, a student with a disability may be allowed to have an Assistance Animal within MTU Student Housing with prior approval. See Section 6.1 for more information on Assistance Animals in MTU Student Housing.

  1. Applicability

 

This policy applies to all employees, students, and visitors of the University who qualify to use a Service Animal as an accommodation.  To deem that a Service Animal is a reasonable accommodation, the following criteria must be met:

  • the individual must have a disability as defined under Applicable Northern Cyprus (TRNC) law;
  • the animal must meet the definition of Service Animal under Applicable Northern Cyprus (TRNC) law and serve a function directly related to the disability; and
  • the request to have the animal must be reasonable.

A Service Animal shall be permitted in any area of the University that is unrestricted (not off limits to Service Animals due to codes or regulations) to employees, students or visitors provided that the Service Animal does not pose a direct threat, as defined in Section 2.1 herein and that the presence of the Service Animal would not require a fundamental alteration of MTU policies, practices, or procedures.  A person with a disability who uses a Service Animal on University property shall not be required to pay a surcharge.  Any decision to exclude a Service Animal from a particular area of the University shall be made on a case-by-case basis.  The University will take appropriate action to address violations of this policy, up to and including disciplinary action or removal from University property.

 

2.1. Direct Threat

 

A direct threat is a significant risk to the health or safety of others that cannot be eliminated or mitigated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services. If the University determines that a Service Animal poses a direct threat to the health or safety of others in a building or portion thereof, access to the facility by the Service Animal will be denied. In determining whether a Service Animal poses a direct threat to the health or safety of others, the University shall make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to identify:

  • the nature, duration, and severity of the risk;
  • the probability that the potential injury will actually occur; and
  • if there are reasonable modifications of policies, practices, or procedures that will mitigate the risk.

 

  1. Inquiries by University Employees

 

A Service Animal must be trained to provide specific support services to the individual with a disability.  Generally, when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., a dog is observed guiding an individual who is blind or has low vision or pulling a person’s wheelchair), MTU employees should not make otherwise allowable inquiries.  If it is not readily apparent, University employees shall not ask about the nature or extent of the individual’s disability, but may ask if the animal is required because of a disability and what work or task the animal has been trained to perform.  University employees cannot ask for documentation, such as proof that the animal has been certified, trained or licensed as a Service Animal.  For University programs or classes held at non-MTU facilities, the owner of the property may require notification or verification of the Service Animal.

  1. Responsibilities for the Care and Supervision of Service Animals

 

Individuals with Service Animals are responsible for managing and handling their Service Animals at all times while on University property, maintaining proper infection control measures, and are responsible for the behaviour and activities of the animal.  Individuals are personally responsible for any damages to a facility caused by their Service Animals, including if the individuals are MTU students who’s Service Animals have caused damage in a residence hall or classroom.  Service Animals on University property must be:

  • licensed in accordance with applicable state, county, or local laws or ordinances pertaining to the type of Service Animal;
  • in good health and well groomed;
  • housebroken (the individual with the disability is responsible for the proper disposition of any Service Animal accidental waste); and
  • harnessed, leashed, or otherwise under the control of the individual with a disability (e.g., voice control, signals, or other effective means) such that the Service Animal does not disrupt or interfere with the ability of other users of the space or activity.

 

  1. Removal of Service Animal

 

An individual with a disability cannot be asked to remove his or her Service Animal from the premises unless the animal poses a direct threat to the health or safety of others or the Service Animal or individual fails to meet one or more of the requirements of this policy or governmental laws and regulations.  A history of allergies or fear of animals are generally not valid reasons for denying access or refusing service to individuals with Service Animals; however all situations will be evaluated on a case-by-case basis.  If after careful evaluation removal is necessary, University employees should consider an alternative option for the individual to obtain the goods and/or services.

  1. Students

 

A student may bring a Service Animal into a MTU classroom, laboratory, or other learning environment.  Students using Service Animals are encouraged to register with MTU Accessibility Resource Centre and follow the procedures established by that office for obtaining academic adjustments.

 

6.1. MTU Student Housing

 

A student seeking to reside in MTU Student Housing with a Service Animal or Assistance Animal not otherwise permitted under the MTU Student Housing no-pets policy must meet the following criteria:

  • the student has a disability under Applicable Northern Cyprus (TRNC) law and the University is made aware of the disability;
  • the Service or Assistance Animal is necessary to afford the student an equal opportunity to use MTU Housing;
  • there is a direct relationship between the student’s disability and the assistance the Service or Assistance Animal provides; and
  • the request to have the Service or Assistance Animal is reasonable.

In order to receive approval to reside in MTU Student Housing with a Service Animal or Assistance Animal under this policy, a student is required to complete the following before the Service Animal or Assistance Animal may enter the University residence halls:

  1. Register with MTU Accessibility Resource Centreand follow the procedures established by that office for obtaining academic adjustments.
  2. Register with and receive written approval from MTU Residence Life and Student Housing. Initiate the process by contacting MTU Residence Life and Student Housing in Student Residence Centre or at +90(392) 2276217

A student who is permitted to have an Assistance Animal in MTU Student Housing is responsible for the care and supervision of the Assistance Animal.  Additionally, an Assistance Animal may be removed from MTU Student Housing if it is out of control and effective action is not taken to control it, it is not housebroken, or it poses a direct threat to the health or safety of others.

  1. Applicable Northern Cyprus (TRNC)Disabilities Law Coordinator

 

Additional guidance for assisting individuals with Service Animals can be obtained from the links listed below.  Any person dissatisfied with a decision concerning a Service Animal can contact the Applicable Northern Cyprus (TRNC) Disabilities Law Coordinator for The Mesarya Technical University.  The University’s Coordinator is the Director of the Office of Equal Opportunity.  The University’s Coordinator will collaborate with the Vice Rector for Equity and Inclusion, the Director of the Accessibility Resources Centre, as well as other appropriate University resources to address individual concerns.

 

 

– Policy 2300: Inspection of Public Records

Date Originally Issued: October 21, 2019

Authorized by RPM 2.17 (“Public Access to University Records”)

Process Owner: Custodian of Public Records

  1. Introduction

 

Citizens in a democracy have a fundamental right to have access to public records.  This right is recognized by the Applicable Northern Cyprus Legislature through the Applicable Northern Cyprus (TRNC) companies cap 113 law. This policy and other related policies, including UAP 3210 (“Recruitment and Hiring”) and UAP 3710 (“Personnel Information Disclosure Policy”), deal in whole or in part with the legal obligations of the University under cap 113.

  1. General

 

The University is committed to fully complying with Applicable Northern Cyprus (TRNC) companies cap 113 law, and to making certain that pertinent University policies conform to existing cap.113 requirements.  Nevertheless, the right of public inspection is subject to certain exceptions.  The right of public inspection is limited to existing public records, and the University is not a public entity therefore, inspection of any records of University by ordinary public is not allowed and permitted. Specially, medical records, letters of reference concerning employment, licensing or permits, matters of opinion in personnel or student files, confidential law enforcement records, documents covered by the Confidential Materials Law of Applicable Northern Cyprus (TRNC), trade secrets, attorney-client privileged information, and records that are considered non-public “as otherwise provided by law.”  Listing every kind of record that is exempt from cap 113 disclosure requirements is not practical, and no attempt has been made in this and the related policies to interpret the application of cap 113 to every kind of record that may become the subject of an 113 request.  However, some examples of records that the University considers exempt from public disclosure under 113 include employee Identity card numbers, personnel evaluations, opinions regarding whether a person would be re-hired or regarding why an applicant was not hired, proprietary and protected information provided by a third party, and data relating to intellectual property or research that may result in patentable inventions, significant discoveries, or publications.  If a document contains both exempt and non-exempt information, the University must separate the non-exempt material and make it available for inspection.

Medical records are exempt from public inspection under Applicable Northern Cyprus (TRNC) laws and regulations. Individuals requesting copies of medical records should contact the MTU clinic that rendered care, for procedures and the applicable fee schedule. Education records are exempt from public inspection as provided under the Applicable Northern Cyprus (TRNC) laws and regulations. Students requesting their records should contact the University Registrar or the Student Health and Counselling Centre, as appropriate. If education records are requested, the University will comply with relevant Applicable Northern Cyprus (TRNC) laws and regulations, which pertains to all education records.

  1. Open Records Portal

 

In an effort to simplify and enhance access to information, the University has implemented an online open records portal. The portal can be accessed at https://nextrequest.mesarya.university.

 

3.1. Sunshine Portal

 

https://sunshine.mesarya.university is MTU’s version of a transparency portal that allows public online access to MTU spending, budgets, revenues, employee salaries, purchase order information, and more.  The portal can be accessed at https://sunshine.mesarya.university.

 

  1. Custodian

 

The University Custodian of all Records (the “Custodian”), is the official custodian of all records for the UCEC, including the Health Sciences Centre and the branch campuses.

The Custodian is responsible for:

  • responding to all requests to inspect all records;
  • determining whether requested records exist and where they are located, and working with the Office of University Counsel about any apparent legal issues related to producing records for inspection ;
  • providing proper and reasonable opportunities to inspect all records, including assembling the records as appropriate;
  • scheduling facilities for inspection of all records during usual business hours;
  • consulting with counsel for the University regarding any requests that might involve disclosure of trade secrets or attorney-client privileged information related to intellectual property; and
  • maintaining a log of all requests that include the date and nature of the request, a copy of the request, any correspondence relating to the request, date of the response, copies of all documents made available in the response, and any other pertinent information.

Only the Custodian, or a designee of the Custodian, may respond to requests for all records, except for requests for medical records or student records as specified in Section 2. herein.

 

  1. Procedure for Requesting Public Records

 

Any member of the Board of directors of UCEC who want to inspect all records of the University must submit a request to the Custodian, identifying the records sought with reasonable particularity.  Requests for any records must be made in writing. A written request must include the requester’s name, address and telephone number.  No person requesting records shall be required to state the reason for inspecting the records.  Any University employee who receives a request for inspection of any records shall promptly forward the request to the Custodian and notify the requester that the request has been forwarded.

5.1. Notification that Information Has Been Requested

 

If an UCEC (United Community Education Company)  Board of Directors member request seeks information relating specifically to a particular individual or to a small number of individuals, such as a current or former employee or student or an applicant for employment, the Custodian will make a best effort to promptly give notice to each such individual of the request and the name of the requester.  Such notice may be given by any means (including, for example, by telephone, e-mail, or postal mail) that appears under the circumstances to be reasonably calculated to impart prompt actual notice to each individual who is the subject of the request.  No individual who has been so notified may prevent the Custodian from releasing the requested information if that information is subject to public inspection under Applicable Northern Cyprus (TRNC) laws and regulations..

5.2. Time Required for Compliance

 

The time requirements in this section reflect the requirements of the requester, and are based on the date when the written request is delivered to the office of the Custodian.  If the records sought are subject to laws and regulations of Applicable Northern Cyprus (TRNC), the Custodian shall permit inspection sought by a written request immediately or as soon as is practicable under the circumstances, but not later than fifteen (15) days after receiving such written request.  Excessively burdensome or broad requests where compiling or copying documents may be unduly time consuming or difficult may require more than fifteen (15) calendar days. In such cases, the Custodian shall notify the requester within fifteen (15) calendar days of the need for additional time, the reason for the delay, and the date the records will be available for inspection. If the University does not respond to the requester within fifteen (15) calendar days, the request will be deemed to have been denied and the requester may seek judicial remedies under Applicable Northern Cyprus (TRNC) laws and regulations.  For this reason, it is critical that written requests for all records be forwarded to the Custodian immediately as specified in Section 4 above.

 

5.3. Cost of Providing Records

 

As permitted by Applicable Northern Cyprus (TRNC) laws and regulations, the University will normally charge for copying records in accordance with the fee schedule published by the Custodian.   If the estimated cost exceeds ten dollars ($10), the Custodian should provide an estimate of the charges and may require advance payment before making copies. If the University determines the information primarily benefits the general public, the University may waive or reduce the charges. The University may require payment of overdue balances before processing additional requests from the same requester.

As of July 1, 2016, fees for hard copies are as follows:

  • 35 cents per page for 8 ½” by 11”
  • $1 per page for 8 ½” by 14”
  • $1 per page for 11” by 17”

Charges for electronic records are based on the actual costs associated with downloading copies, plus the cost of the storage device:

  • 35 cents per page (in excess of 20 pages) to a computer disk, thumb drive or other storage device

Plus:

  • 35 cents for a computer disk
  • $2.75 for audio tapes
  • $6.75 for a thumb drive

Any postage or other costs associated with transmission of copies will be charged to the requestor:

  • Mail: $1 per page, plus postage
  • Air Express: actual cost
  • Facsimile (fax): 25 cents per page

Advanced payment of fees, either by cash or credit card, must be paid before copies are provided. Cash payments must be made to the MTU Cashier’s Office located in the Demak Building MTU Business Centre,  on the Student Union Building.  Credit card payments can be made online through the online request portal.

  1. Denial of Request

 

If a written request is denied, in whole or in part, the Custodian must deliver to the requester a written explanation no later than fifteen (15) calendar days after the Custodian received the written request.  The explanation of denial must describe the records sought, the legal reason for the denial, the names and titles or positions of each person responsible for the denial, and the requester’s right to pursue the remedies provided in Applicable Northern Cyprus (TRNC) laws and regulations. When a request is denied, the requested records must be retained until remedies under Applicable Northern Cyprus (TRNC) laws and regulations have been exhausted. Before a determination is made to deny a request, the Custodian shall consult with the Office of University Counsel to determine whether denial of the request is permissible under Applicable Northern Cyprus (TRNC) laws and regulations and other University policies, including without limitation, RPM 2.17 (“Public Access to University Records”) .

  1. References and Related Information

 

  • “Confidentiality of Faculty Records,” C70, Faculty Handbook
  • UAP 2030 (“Identity card Numbers”)
  • UAP 3210 (“Recruitment and Hiring”)
  • UAP 3710 (“Personnel Information Disclosure Policy”)
  • Inspection of Public Records MTU Website

 

 

 

 

– Policy 2310: Academic Adjustments for Students with Disabilities

Date Originally Issued: October 21, 2019

Process Owner: Director, Office of Equal Opportunity

  1. Policy

 

In keeping with the Rehabilitation and Disabilities Applicable Northern Cyprus (TRNC) laws and regulations, the University is committed to providing equal access to educational opportunities for qualified students with disabilities. The University shall provide reasonable academic adjustments as defined in Section 3.3 herein, to qualified students with disabilities as necessary to ensure equality of access to the courses, programs, services, and facilities of the University. However, students with disabilities are still required to adhere to all University policies, including policies concerning conduct and performance.

The student is responsible for demonstrating the need for an academic adjustment by providing the University’s Accessibility Resource Centre with complete and appropriate current documentation that establishes the disability, and the need for and appropriateness of the requested adjustment(s). The University is responsible for all costs of academic adjustments. The following sections provide procedures for students, faculty, and staff on academic adjustment requirements.

  1. Procedures for Requesting and Determining Academic Adjustments

 

The first step in the process for a student who seeks academic adjustment because of a disability is to register with the Accessibility Resources Centre and submit documentation of the disability from a licensed or certified professional in order to become eligible for services. Applicants to, or students in, the MTU Health Care Centre and its programs and the Faculties of Nursing and Pharmacy should contact the Health Sciences Centre Liaison to the Accessibility Resource Centre for information on requesting academic adjustment. Applicants to, or students in, the MTU Law School should notify the Law School Registrar as well as the Accessibility Resource Centre. Once a student establishes that he or she has a disability, the University will work with the student to determine what academic adjustments are appropriate and reasonable in accordance with Section 3.3 herein.

 

2.1. Student Responsibilities

 

It is the student’s responsibility to demonstrate the need for an academic adjustment by providing the Accessibility Resources Centre with complete and appropriate current documentation that establishes the disability, and the need for and appropriateness of the requested adjustment(s). The Accessibility Resource Centre can provide information on the kind of documentation that is required. If the initial documentation is incomplete or inadequate, the student will be required to provide additional documentation at the student’s expense.

The Accessibility Resource Centre will determine a student’s eligibility and, in consultation with the student, will determine effective and appropriate academic adjustments in accordance with Section 3.3 herein. The Accessibility Resource Centre may consult with other University departments, as necessary, in order to make a determination of eligibility and what academic adjustments are appropriate and reasonable. The Accessibility Resource Centre will send a letter, per the student’s request, to faculty, with a copy to cognizant department chairs, informing the faculty members of what adjustment(s) the student is to receive. The Accessibility Resource Centre is responsible for costs relating to academic adjustments that are part of instructional courses at the Mora campus. Branch campuses are generally responsible for costs relating to academic adjustments for their students.

Once the student has established his or her eligibility for academic adjustments, the Accessibility Resource Centre will provide appropriate adjustments as expeditiously as possible. Generally, adjustments will be in place within fifteen (15) working days; however, some adjustments can require a longer period of time to arrange. Therefore, students are encouraged to pre-register with the Accessibility Resource Centre before classes begin so that adjustments can be in place when needed at the start of the semester. If pre-registration is not possible, students should register at the start of the semester or as soon as the need for an adjustment becomes known, and Accessibility Resource Centre will make every effort to accommodate the student’s needs as soon as possible. Requests received right at or after the start of a semester may result in the student being without the adjustment for part of the semester. Students should be aware that an academic adjustment does not apply retroactively, so that grades earned on exams, assignments, or other classroom activities before the adjustment takes effect will not be changed.

2.2. Faculty Responsibilities

 

Faculty members must provide students with the academic adjustments identified in the letter from the Accessibility Resource Centre. If the faculty member has questions or concerns, or needs help with making the modifications called for, he or she should contact Accessibility Resource Centre. If a student discloses a disability to a faculty member and requests an academic adjustment but the student does not have a letter from the Accessibility Resource Centre, the faculty member should direct the student to the Accessibility Resource Centre. It is not the faculty member’s responsibility to decide whether the student has a disability and what adjustments are appropriate. Faculty can help the University meet its obligations to provide students with academic adjustments in a timely manner by stating on their class syllabus that students should inform them of any special needs as soon as possible. Students who do so should be referred to the Accessibility Resource Centre.

 

2.3. Appeal

 

In most instances the academic adjustment determination made by the Accessibility Resource Centre will be acceptable to the student and faculty. However, if that is not the case, the determination is subject to appeal. In addition, the student can appeal a determination by an academic unit that an adjustment would result in a fundamental alteration of a course or program. The Provost/HSC Dean, or designee, will convene an ad hoc committee to consider the appeal. Members of the ad hoc committee will include representatives from relevant University departments as determined on a case-by-case basis. The ad hoc committee will follow the appeal procedures listed in Exhibit A The ad hoc committee will make a recommendation to the Provost/HSC Dean, or designee, whose decision on the appeal is final for the University. Every effort should be made to arrive at a determination of the appeal as expeditiously as possible.

 

  1. Criteria for Determining Academic Adjustments

 

The University shall make academic adjustments for the known physical or mental limitations of a qualified student with a disability, unless the University can show that providing an adjustment would result in:

  • a fundamental alteration of the service, course, program, or activity;
  • an undue financial, administrative, or academic burden, and/or;
  • a direct threat to the health or safety of the student or others.

 

3.1. Individual with a Disability

 

An individual with a disability is a person who has, or has had a record of, or is regarded as having a physical or mental impairment that substantially limits a major life activity such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.

3.2. Qualified Student with a Disability

 

A qualified student with a disability is a student with a disability who meets the academic and technical standards required for admission and participation in the programs and activities of the Mesarya Technical University.

3.3. Academic Adjustment

 

An academic adjustment is a modification or adjustment to instructional methods and/or to a course, program, service, or facility of the University that enables a qualified student with a disability to have equal access and opportunity to attain the same level of performance and to enjoy equal benefits and privileges as are available to similarly-situated students without a disability. Determining reasonable academic adjustments must be done on a case-by case basis and in consultation with the student. The University is not required to provide the specific adjustment requested, but the adjustment must be effective to enable a qualified student with a disability to enjoy equal opportunity and access. All offers of adjustments are subject to applicable University policies.

3.3.1. Course or Program Modifications

 

The University shall provide such modifications to courses, programs, or educational requirements as are necessary and appropriate to enable a qualified student with a disability to enjoy equal opportunity and access. However, the University is not required to fundamentally alter the essential nature of a course or academic program. Reasonable academic adjustments may include, but are not limited to, extended time on an examination or paper, and oral instead of written examinations, where appropriate.

3.3.2. Auxiliary Aids and Services

 

Reasonable academic adjustments in the form of auxiliary aids and services may include, but are not limited to: note-takers, readers, Braille or large print materials, and sign language interpreters. However, the University is not required to provide devices or services of a personal nature such as personal attendants or personal devices utilized in activities of daily living.

  1. Applicable Northern Cyprus (TRNC) Disabilities Law Coordinator

 

The Applicable Northern Cyprus (TRNC) Disabilities Law Coordinator for The Mesarya Technical University is the Director of the University Office of Equal Opportunity. Students who believe that they have been discriminated against on the basis of a disability may contact the Office of Equal Opportunity to file a complaint.

 

  1. Attachments

 

Exhibit A – Academic Adjustments for Students with Disabilities: Appeal Rights Procedures

 

 

 

– Policy 2335: Departmental Scholarships

Date Originally Issued: October 21, 2019

Process Owner: Vice Rector, Enrolment Management

  1. General

 

Departmental scholarships enable the University to recruit, retain, recognize, and reward the best and brightest by providing financial support to students who demonstrate superior motivation, curiosity, and intellect. Through departmental scholarship programs students registered at the University may be eligible for monetary assistance to help in meeting their educational expenses. This assistance may include scholarships, non-service awards, student tuition payments, and fellowships, hereafter referred to as scholarships. This policy defines the requirements for scholarships to ensure equal treatment and access to departmental scholarship programs.

  1. Departmental Scholarship Programs

 

To establish a departmental scholarship, departments must submit either a Proposal for Establishing a Departmental Scholarship ( Exhibit A ) or a description of the program to the appropriate dean for approval. Each proposal or description must include the following elements in accordance with applicable sections herein:

  • scholarship objective;
  • type of award and value or range of values;
  • typical number and frequency of scholarships to be awarded;
  • source of funds;
  • criteria for eligibility, nomination, and participation;
  • process used to promote the scholarship and request applications;
  • selection procedures indicating who selects recipients and timeline for selection; and
  • criteria upon which scholarship decisions will be made.

 

 

 

  1. Publicity

 

Departments must formally announce all available awards on departmental web pages.

  1. Eligibility

 

In order to assist students in their search for scholarship support, departments must have written guidelines on file that include eligibility criteria for each of their scholarship programs. These guidelines must be printed on all departmental scholarship announcements and placed on departmental scholarship web pages. The criteria for scholarships paid from endowed programs must adhere to donor agreements.

  1. Nomination

 

Departments may have scholarly award programs whereby they request nominations from faculty, staff, and constituents. These awards differ from scholarships in that they are designed to recognize specific scholarly achievements and are generally not comparable to the dollar amounts of scholarships.

  1. Selection and Notification Process

 

Departments must have a formal selection process that includes a selection committee of at least two (2) individuals, unless the fund donor has different requirements. For limitations on donor involvement concerning recipients, refer to Section 4 of UAP 1030 (“Gifts to the University”) . The selection process must be documented in writing and the selection timeline must be placed on the departmental scholarship web page. Departments must:

  • coordinate and maintain records of all applicants and the selection process for three (3) years,
  • notify recipients in writing on University letterhead, and
  • notify the Scholarship Office of all awards via a  Departmental Award From.

The University does not discriminate in scholarship selection on the basis of race, colour, religion, national origin, physical or mental handicap, age, sex, sexual preference, gender identity, ancestry, or medical condition. However, legitimate preferences of scholarship fund donors shall be observed, with approval of University Counsel. The Scholarship Office and the University Cashiers Department will facilitate the payment of all awards. All awards will be distributed in accordance with UAP 7230 (“Financial Aid Disbursement”).

 

  1. Scholarship Office

 

The Scholarship Office is responsible for:

  • processing departmental award forms, and
  • monitoring the proper use of funds.

Forms, submission instructions, and additional scholarship information can be found on the Scholarship Office Website.

  1. Attachment

 

Exhibit A. Proposal for Establishing a Departmental Scholarship

 

– Policy 2400: Cost Accounting Standards

Date Originally Issued: October 21, 2019

Authorized by  RPM 5.9 (“Sponsored Research “)

Process Owners:  University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

The Office of Management and Budget through 2 CFR Part 200 (“Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Governmental Awards “)(Uniform Guidance) requires the University to comply with applicable cost accounting standards published by the Cost Accounting Standards Board (CASB) and to submit a CASB Disclosure Statement Form DS-2 (Form DS-2) to the University’s cognizant audit agency. The DS-2 describes the University’s cost accounting practices. These cost accounting practices must be followed by all University units, departments, and programs that use University funds.

  1. Cost Accounting Standards

 

Section 200.419 (“Cost Accounting Standards and Disclosure Statement “) of the Uniform Guidance identifies four (4) cost accounting standards that apply to educational institutions, which are described below.

 

2.1. Cost Accounting Standard 501

This standard requires that costs be estimated, accumulated, and reported consistently. A cost that is included in a contract or grant proposal as a direct cost must be accumulated as a direct charge in the accounting records. The same rule applies to indirect charges.

2.2. Cost Accounting Standard 502

This standard requires that costs incurred for the same purpose be accounted for in the same manner. A department cannot account for such costs in one manner while another department accounts for them differently. Therefore, this standard requires that the University have established cost accounting practices that are applied consistently throughout the campus.

2.3. Cost Accounting Standard 505

This standard requires that unallowable costs be identified and excluded from any costs charged to government contracts and grants. The University’s policies and procedures for complying with this standard are described in UAP 2410 (“Accounting for Governmentally Defined Allowable and Unallowable Costs”)

2.4. Cost Accounting Standard 506

This standard requires that the University’s cost accounting period be the same as the University’s fiscal year.

  1. Form DS-2

 

The University Controller is responsible for submitting the Form DS-2 to the cognizant agency. The Form DS-2 discloses the University’s cost accounting practices, which must comply with the Uniform Guidance and applicable cost accounting standards. The Controller is also responsible for maintaining the accuracy of the Form DS-2 and filing amendments when disclosed practices are changed to comply with new or modified standards, or are changed for other reasons. Costs will be disallowed if the University fails to comply with the Uniform Guidance or fails to consistently follow its established or disclosed cost accounting practices (Form DS-2) when estimating, accumulating, or reporting the costs of sponsored agreements.

 

 

– Policy 2410: Accounting for Governmentally Defined Allowable and Unallowable Costs

Date Originally Issued: October 21, 2019

Authorized by  RPM 5.9 (“Sponsored Research”)

Process Owners:  University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

The government funds the direct costs of numerous University activities, including research, public service, instructional, and training projects. The government also provides funds to the University to support the indirect costs of the University associated with sponsored projects. Although the University has established policies relating to allowable expenditures, the government has additional requirements and limitations. This policy outlines the government regulations that govern accounting for both direct and indirect costs associated with governmentally sponsored programs and describes policies and procedures designed to ensure compliance with the regulations. In some instances government regulations for allowable costs are more stringent than the University’s criteria for allowable expenditures. Since these regulations apply to both direct and indirect costs, compliance affects all University departments, not just those accountable for sponsored programs.

For projects sponsored by non-government sources, the University policies on allowable expenditures, which are discussed in Section 4.1, shall apply unless the sponsoring agency or organization has additional requirements or limitations. Refer to specific agreements for definitions of allowable and unallowable costs for such sponsored projects.

  1. Governmental Regulations

 

Regulations issued by the government and its agencies define cost principles to be applied and set limits on the costs that may be charged to the government under governmentally sponsored agreements. Listed below are the government regulations that govern the administration of these costs.

2.1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Government Awards

 

The Office of Management and Budget in Subpart E (“Cost Principals”) of 2 CFR Part 200 (“Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Governmental Awards (Uniform Guidance) defines cost principles for entities that receive governmental funds, in the form of grants, cooperative agreements, and contracts.

These cost principles:

  • Explain the factors that determine the allow ability of costs,
  • Describe types of direct and indirect costs, and
  • Provide guidance on the allocation of indirect costs for the purpose of preparing an indirect cost proposal.

 

2.2. Governmental Acquisition Regulations (GAR)

 

The Governmental Acquisition Regulations (GAR) contains the procurement regulations and purchasing procedures pertaining to government contracts. .

2.3. Subpart C of the Uniform Guidance

 

The Uniform Guidance defines pre-award administrative requirements for grants, cooperative agreements, and contracts.

2.4. Subpart D of the Uniform Guidance

 

The Uniform Guidance defines post-award administrative requirements for grants, cooperative agreements, and contracts.

2.5. Supplemental Regulations

 

Additional policies and regulations vary among sponsoring government agencies and individual programs.  Copies of government regulations are located in the Office of the Vice Rector for Research, Main Campus and Health Sciences Centre (HSC) Contract and Grant Accounting Departments, and the Purchasing Department.

  1. Allocation of Costs

 

The allocation of costs is the process of assigning individual costs to the appropriate cost centre, in reasonable and realistic proportion to the benefit provided to that cost centre. A cost may be assigned to a cost centre either directly or indirectly through indirect cost pools. The total cost charged to a sponsored project is made up of allowable direct costs required for its performance, and allowable indirect costs.

3.1. Cost Centres

 

A cost centre is a specific University function or activity for which costs are accumulated in the University’s Banner Finance System.  Examples of cost centres include University units with a specific budget, particular services and programs, and specific sponsored projects.

 

 

3.2. Direct and Indirect Costs

 

3.2.1. Direct Costs

Direct costs are costs that can be identified specifically with a particular sponsored project or other University activity, and that are charged directly to the account assigned to that project or activity. The University treats the following types of expenditures incurred in the performance of sponsored work as direct costs charged to sponsored projects:

  • Salaries, wages, and proportional fringe benefits of personnel directly engaged in the sponsored project
  • Cost of equipment, materials, and services
  • Travel and transportation expenses
  • Consultant fees
  • Subcontracts
  • Telephone charges
  • Postal charges
  • Space rental
  • Other allowable costs per the terms of the agreement

 

3.2.2. Indirect Costs

Indirect costs consist of costs incurred for more than one (1) cost centre, and costs that cannot be easily identified with a specific sponsored project or other University activity. Indirect costs include the following types of costs:

  • An allowance for the use of University buildings
  • An allowance for the use of University equipment
  • The cost of operating and maintaining University facilities
  • The cost of maintaining University libraries
  • General administrative expenses
  • Expenses associated with the administration of student services
  • Departmental administrative expenses
  • Expenses associated with the administration of sponsored programs

 

  1. Allow ability of Costs

 

All costs must first comply with University policies on allowable expenditures. Costs must then be evaluated according to the governmental definition of allowable and unallowable expenditures. These standards apply to both direct and indirect costs supported by either institutional funds (unrestricted) or sponsored funds (restricted).

 

4.1. Allowable Costs According to University Policy

 

University policies regarding allowable costs are intended to ensure compliance with state and governmental laws where applicable, and to ensure fiscal accountability. The University’s policies regarding allowable costs are defined in the following sections of the University Administrative Policies and Procedures Manual:

  • Section 3000 –Personnel policies address allowable costs for salaries and wages.
  • Section 4000 –Procurement and travel policies address allowable costs for reimbursements and for the purchase of goods and services.
  • Section 7000 Property Management policies address allowable costs for the acquisition of capital equipment.

 

4.2. Allowable Costs According to Governmental Regulations

 

Government regulations define allowable costs in the Uniform Guidance.  According to the Uniform Guidance, a cost may be charged to a sponsored program only if it meets all of the following criteria:

  • It must be necessary and reasonable for the performance of the award;
  • It must be allocable to the sponsored program;
  • It must be treated consistently, through the application of generally accepted accounting principles;
  • It must be within the limitations specifically defined in Subpart E of the Uniform Guidance and the particular contract or agreement, in terms of the type of cost item and dollar amount charged;
  • It must not be included as a cost or used to meet cost sharing or matching requirements of any other governmentally financed program in either the current or a prior period; and
  • It must be adequately documented.

 

4.2.1. Reasonable Costs

 

Costs are considered to be reasonable if the goods or services acquired and the dollar amount of the cost:

  • Reflect a prudent and responsible action,
  • Are necessary,
  • Are in accordance with all applicable external regulations and terms, and
  • Are consistent with University policies governing the action.

 

4.2.2. Allow ability or Un-allow ability of Selected Cost Items

 

Subpart E (“Cost Principles”) of the Uniform Guidance defines principles to be applied in determining the allow ability or un-allow ability of certain types of costs. In particular, Sections 200.421 through 200.475 of Subpart E of the Uniform Guidance describes fifty-five (55) selected types of cost items. In case of a conflict between the Uniform Guidance provisions and the provisions of a specific agreement, the terms of the agreement apply.

The following cost items are unallowable according to Sections 200.421 through 200.475 of Subpart E of the Uniform Guidance, although these expenditures may be allowable under University policy. Section 5, herein, describes accounting procedures for expenditures that are allowable by University policy but are unallowable per governmental regulations.

  • Alcoholic beverages
  • Alumni activities
  • Bad debts
  • Commencement and convocation costs
  • Contingency reserves
  • Donations and contributions
  • Entertainment costs
  • Fund raising costs
  • Goods and services for personal use
  • Lobbying costs
  • Losses on other sponsored agreements
  • Membership in country clubs, or social or dining clubs or organizations
  • Selling and marketing costs
  • Student activity costs

Other costs items may be unallowable depending on the circumstances; refer to Sections 200.421 through 200.475 of Subpart E of the Uniform Guidance for full detailed information on the allow ability or un-allow ability of cost items.

 

4.2.3. Facilities and Administrative (F & A) Costs–Excludable

 

The University is required to identify charges that are unallowable according to governmental regulations. Such costs must be excluded from cost pools used to calculate indirect cost rates. The University refers to these costs as “F & A excludable.”

  1. Review Process

 

Each expenditure document submitted by a University department is reviewed for cost allows ability and includability by the appropriate accounting office (Main Campus or HSC Unrestricted Accounting, Main or HSC Contract and Grant Accounting, and Office of Inventory Control) to determine:

  • If the costs are allowable,
  • If the charge is correctly accounted for, and
  • If the cost is F & A excludable.

An expenditure document will not be approved until the review process has been completed. The steps in the review process are as follows:

(1) All expenditures are reviewed for compliance with University policies as defined in Section 4.1 herein.

  • If the expenditure complies with University policies, the accountant proceeds to Step (2) for restricted funds and Step (3) for unrestricted funds.
  • If the expenditure does not comply with University policies, the accountant returns the document to the submitting department, with an explanation.

(2) Costs charged to sponsored projects are reviewed for allow ability according to the Uniform Guidance and/or the terms of the specific contract or grant.

  • If the expenditure is allowable, the accountant approves it and proceeds to Step (3).
  • If the expenditure is not allowable, the accountant returns the document to the submitting department, with an explanation.

(3) The University is required to identify and segregate costs excludable according to Uniform Guidance to ensure that they are not included in indirect costs charged to sponsored programs. Costs are reviewed for excludability, regardless of whether they are charged to governmental or other funds.

  • If the expenditure is allowable according to Subpart E of the Uniform Guidance, it is approved as it stands.
  • If the expenditure is notallowable according to Subpart E of the Uniform Guidance, an appropriate account code should be selected to classify the expenditure as F & A excludable.  The basis for usage of these account codes is determined by the nature and purpose of the specific expenditure.  The Unrestricted Accounting website has more information on these account codes.

– Policy 2425: Recovery of Facilities & Administrative Costs

Date Originally Issued: October 21, 2019.

Authorized by RPM 5.9 (“Sponsored Research”)

Process Owners:  University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

Recovery of indirect costs is a governmental policy implemented to recognize that universities and other contractors providing contractual services to the government have costs indirectly associated with providing the contract services. The governing governmental regulations refer to indirect costs as facilities and administration (F & A) costs. Under the governmental regulations, regulations the University can document these support costs and add them to the total funding requirements as F & A costs. The University requires recovery of both the direct and F & A costs incurred when performing externally funded research, instruction and training, and other sponsored projects or programs. Principal investigators must include F & A costs in proposal budgets for contracts, grants, and other awards.

 

  1. Allocation of F & A Cost Recovery Funds

 

Revenue resulting from the recovery of F & A costs allowed on sponsored research and public service projects is recognized by the University as “unrestricted” income. It is the objective of the University to maximize the use of this source of revenue for the benefit of the University’s research and public service programs.

Revenue may be allocated to:

  • seed new faculty research projects;
  • award cost sharing or matching funds on individual projects;
  • support MTU’s technology commercialization program;
  • develop new research facilities; and
  • build the University’s sponsored research and public service program.

It is recognized that a portion of the F & A cost recovery revenue must be committed to support the administration of sponsored programs in terms of allocations to specific administrative support functions and allocations to faculties and departments.

The Vice Rector for Research is responsible for the overall allocation plan for F & A cost recovery revenue. The Chancellor for Health Sciences will be responsible for managing the allocation of F & A cost recovery revenue earned through Health Sciences Centre (HSC) sponsored research and public service programs, in consultation with the Vice Rector for Research.

  1. F & ACosts

The Office of Management and Budget in  (Uniform Guidance) defines F & A costs as, “those costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved.”

F & A costs include, but are not limited to:

  • depreciation
  • interest
  • operation and maintenance expenses
  • general administrative and general expenses
  • departmental administrative expenses
  • sponsored projects administration
  • library expenses
  • student administration and expenses

F & A costs are charged to a project or program using the F & A cost rates listed on the Office of the Vice Rector for Research website. The rates are applied to the modified total direct costs of a project or program.

 

3.1. Modified Total Direct Costs

 

The Uniform Guidance defines modified total direct costs (MTDC) as total direct costs less the following:

  • capital expenditures: buildings (including alterations and renovations) and equipment items costing $5,000 or more with a useful life of more than one (1) year;
  • the portion of each sub award greater than $25,000;
  • hospitalization and other fees associated with patient care whether the services are obtained from an owned, related, or third-party hospital or other medical facility;
  • space rental or maintenance expense charged directly to projects; and
  • student tuition remission and student support costs (e.g., student aid, stipends, dependent allowances, scholarships, and fellowships). This does not include payments for services rendered, such as research assistant tuition.

 

  1. F & ACost Rates

 

The University Financial Services Offices calculate on-campus and off-campus F & A cost rates for each type of sponsored activity (see Section 8 herein) using actual costs incurred. Off-campus rates are applicable to projects performed at facilities not owned or maintained by the University. The University Controller and the HSC Senior Executive Officer for Finance and Administration submit these detailed calculations and proposed rates to the cognizant governmental agency for review and approval. The governmental agency and the University Controller and the HSC Senior Executive Officer for Finance and Administration, on behalf of the University, negotiate and agree on a rate and applicable time period. These rates are also applicable to non-governmentally sponsored programs.

 

 4.1. Implementing New F & A Cost Rates

 

When new F & A cost rates are approved, the Office of Sponsored Projects for Main Campus or HSC negotiates amendments with funding agencies to modify on-going contracts, grants, and other agreements to reflect the new rates. Amendments are not negotiated when:

  • the old rate remains fixed during the award, or
  • the use of new rates is automatically authorized by contract, grant, and other agreement provisions.

 

 

  1. Proposals to Funding Agencies

 

Proposals submitted to governmental and non-governmental agencies must include F & A costs, using the cost rates listed on the Office of the Vice Rector for Research website.

 

5.1. Exceptions to the University’s Governmentally Approved F &A Cost Rates

 

Some sponsors may have published guidelines prohibiting or limiting the recovery of F & A costs. If the chairperson, dean, or director considers the program desirable, the Vice Rector for Research or the Vice Chancellor for Research may approve use of a lower rate or amount. To request approval, the principal investigator must provide justification with the completed pre-award forms. The principal investigator must report any objection, refusal, or undue delay by a sponsor to recognize or incorporate the governmentally approved F & A cost rates to the Office of Sponsored Projects (Main Campus or HSC) immediately.

 

5.1.1. State of Northern Cyprus (TRNC) Projects or Programs

 

F & A cost rates for State of Northern Cyprus projects vary by agency. The principal investigator should contact Main Campus or HSC Office of Sponsored Projects for the appropriate rate. If the State of Northern Cyprus specifically states in the proposal guidelines that it intends to fully one hundred per cent (100%) finance a grant or contract with governmental funds, the governmentally approved F & A cost rates will be used.

5.1.2. Investigative New Drug Projects or Programs

 

Studies involving human subjects for an Investigational New Drug (IND) or device as defined by the Food and Drug Administration (for clinical trials) qualify for a different F & A cost rate. The principal investigator must contact the HSC Office of Sponsored Projects for the current rate for IND studies.

 

  1. F & ACost Rate and Recovery Responsibilities

 

6.1. Financial Services Offices

 

The Main Campus and HSC Financial Services Offices are responsible for:

  • preparing the facility and administrativecost rate proposal,
  • negotiating the facility and administrativecost rates with the cognizant governmental agency,
  • distributing the approved rate agreement to the campus, and
  • acting as liaison with governmental and non-governmental auditors.

 

6.2. Principal Investigators

 

Each principal investigator is responsible for including F & A costs at the University’s approved rate in each proposal for external funding. All exceptions must be approved per Section 5.1 herein.

 

 

 

 

6.3. Offices of Sponsored Projects

 

The Main Campus and HSC Offices of Sponsored Projects:

  • provide information to principal investigators on F & Acost rates and policies, and
  • review and approve proposals and awards to ensure inclusion of approved F & Acost rates.

 

6.4. Contract and Grant Accounting Departments

 

The Main Campus and HSC Contract and Grant Accounting Departments:

  • calculate, record, and bill F & Acosts at the approved rates, and
  • review contract and grant awards when F & A cost rates change to determine if the awards should be amended.

 

6.5. Vice Rector for Research and Chancellor for Health Sciences

 

The Vice Rector for Research and the Chancellor for Health Sciences:

  • determine the allocation of recovered F & Acosts, and
  • approve any exceptions to governmentally approved F & Acost rates.

 

  1. F & A Cost Components

 

The Financial Services Office is responsible for preparing the F & A cost proposal to the cognizant governmental agency, in accordance with this section. F & A costs consist of a facilities component and an administrative component. These F & A cost components are divided into the following categories (F & A cost pools).

 

7.1. Facilities Component

 

7.1.1. Operations and Maintenance of Plant

 

This category includes costs that have been incurred for the administration, supervision, operation, maintenance, preservation and protection of University facilities. Typical costs include security, utilities, custodial, grounds and landscaping, automotive, fuel management, property insurance, signs, locks/keys, metal shop, recycling, ordinary and normal repairs and renovations, maintenance and operation of buildings and other facilities, and administration. These costs are allocated to the appropriate indirect cost pool and major function, as described more fully in Section 200.414 of the Uniform Guidance, based on the square footage occupied.

7.1.2. Building, Land Improvement, and Equipment Costs

 

The costs in this category are calculated using depreciation methods. Equipment costs are not taken on loaned equipment and assets acquired with governmental funds. Building, land improvement, and equipment costs are allocated to the appropriate indirect cost pool and major function based on the square footage occupied. Buildings and equipment must be in use to qualify.

7.1.3. Interest–MTU

 

This category includes interest costs incurred by the University for the Acquisition of long-lived assets. These costs are allocated to the appropriate indirect cost pool and major function based on specific benefit.

7.1.4. Interest– Northern Cyprus

 

This category includes interest costs paid by the State of Northern Cyprus on behalf of the University. These costs are allocated to the appropriate indirect cost pool and major function based on specific benefit.

 

7.1.5. Library

 

This category includes the cost of operating University library systems, which includes the cost of books and library materials. These costs are allocated to the appropriate indirect cost pool and major function based on primary categories of users.

 

7.2. Administrative Component

 

F & A costs in the administrative component are allocated based on MTDC which are defined in Section 3.1 herein.

 

7.2.1. Departmental Administration

 

This category includes costs incurred for administrative and supporting services that benefit common or joint departmental activities or objectives in academic deans’ offices, academic departments and divisions, and organized research units. These costs are allocated to the appropriate functions of the department on the MTDC basis.

7.2.2. General and Administrative

 

This category includes costs incurred for the general executive and administrative offices of the University and other expenses of a general character that do not relate solely to any major function of the University; i.e., solely to (1) instruction, (2) organized research, (3) other sponsored activities, or (4) other institutional activities.  This administration and support is provided by the Board of Trustee; Rector’s Office; senior executive offices; the Controller’s organization; Office of Planning, Budget, and Analysis; University Counsel; Department of Risk Management; Department of Human Resources; Purchasing DepartmentInternal Audit; and other administrative service departments.

 

7.2.3. Sponsored Projects Administration

 

This category includes costs incurred for the administration of sponsored projects (governmental and non-governmental), such as preparation and submission of proposals, contract negotiation, fiscal management, financial report preparation, billings and collections, and research compliance (i.e., animal and human research protection, export control, conflict of interest, and research misconduct). These costs are allocated based on the MTDC for each sponsored activity.

 7.2.4. Student Services Administration

 

This category includes costs incurred for the administration of student affairs and services to students, including the costs of the dean of students, admissions, registrar, counselling and placement services, student advisers, catalogues, and commencements and convocations.  These costs are allocated based on the MTDC for instruction and sponsored instruction.

  1. Sponsored Activities

 

There are different F & A cost rates for each type of sponsored activity listed below.

 

8.1. Sponsored Research

 

Sponsored research is all research activities funded by grants, cooperative agreements, or contracts from governmental or non-governmental sponsors. Examples include, but are not limited to, the following:

  • awards in support of basic and applied research,
  • research training grants, and
  • faculty career awards to support the general research efforts of the faculty.

 

8.2. Sponsored Instruction

 

Sponsored Instruction is defined as the teaching and training activities funded by grants, cooperative agreements, or contracts from governmental or non-governmental sponsors. These include sponsored agreements supporting curriculum development and all types of teaching and training activities (whether offered for credit toward a degree or certificate, or offered on a non-credit basis). Activities may be offered through regular academic departments or separate divisions. Examples include, but are not limited to, the following:

  • all projects for which the purpose is to instruct any student at any location,
  • curriculum development projects at any level, and
  • projects which involve University students in community service activities for which the students receive academic credit.

 

8.3. Other Sponsored Activities

 

Other sponsored activities are programs and projects financed by governmental and non-governmental agencies and organizations that involve the performance of work other than instruction and organized research.  Examples include, but are not limited to, the following:

  • support for conferences, seminars, or workshops;
  • library projects such as cataloguing or establishing library databases;
  • health service projects;
  • community service programs; and
  • other projects in support of the University’s public service activities.

 

 

 

  1. References
  • Office of Management and Budget’s Uniform Guidance, 

 

 

 

 

– Policy 2430: Cost Sharing on Sponsored Projects

Date Originally Issued: October 21, 2019.


Authorized by RPM 5.9 (“Sponsored Research”)

Process Owners:  University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

Cost sharing refers to a portion of a sponsored project or program costs that is paid by the University. Cost sharing can be imposed by a sponsor as a condition of the sponsored award or it can be volunteered by the University. The Vice Rector for Research or the Chancellor for Health Sciences will agree to cost sharing only when required by the sponsor or in rare situations when justified by the competitive nature of the award. Cost sharing should be held to a minimum and must adhere to the sponsoring agency’s guidelines and comply with this policy.

Cost sharing obligations must be funded from identifiable resources available to the principal investigator, department, school, or centre involved. Any indication of cost sharing mentioned in the technical proposal must also be included in the proposal budget. Once a sponsor accepts a proposal containing a cost sharing commitment, it is binding on the University and the sponsoring agency must approve any subsequent changes.

  1. Cost Sharing Responsibilities

 

The primary responsibility for cost sharing lies with the principal investigator, department, unit, college, or school.

2.1. Principal Investigator

 

The principal investigator must notify the chairperson or director of any external requirements for cost sharing. After the chairperson or director identifies funds for the cost sharing requirements, the principal investigator prepares a proposal based on the funding agency’s guidelines. The principal investigator is responsible for ensuring cost sharing funds are expended according to the funding agency’s guidelines and this policy.

2.2. Department, Faculty, School, Centre, or Division

 

Before a proposal is submitted, the individual with budgetary authority over the funds used for cost sharing must approve the funding in writing. These funds will be transferred to an assigned cost share account at the start of the project.

 

2.3. Main Campus or Health Sciences Centre Office of Sponsored Projects

 

Before the proposal is submitted, the Main Campus or Health Sciences Centre (HSC) Office of Sponsored Projects reviews the proposal, supporting documentation, and agency guidelines to:

  • ensure all required approvals have been obtained; and
  • verify that cost sharing has been correctly reflected in the proposal.

 

2.4. Main Campus or HSC Contract and Grant Accounting Department

 

After the award is received, the Main Campus or HSC Contract and Grant Accounting Department:

  • transfers assigned funds to the cost share account at the start of the program;
  • approves expenditures for the award account and cost share account; and
  • reports all project expenditures to the funding agency.

 

2.5. Main Campus or HSC Financial Services Office

 

The Main Campus of HSC Financial Services Office acts as a liaison with governmental and non-governmental auditors.

  1. Cost Sharing

 

Cost sharing expenditures are part of the total project and program costs, which include all allowable costs incurred by the University, both direct and indirect, in meeting the objectives of the sponsored project or program. There are two types of cost sharing: mandatory and voluntary. Mandatory cost sharing is cost sharing that is required by the sponsoring agency. Voluntary cost sharing is agreed to by the University in excess of mandatory cost sharing requirements.

3.1. Costs Allowable for Cost Sharing

 

To qualify as cost sharing, expenditures must:

  • be verifiable from the University’s records;
  • be necessary and reasonable for proper and efficient completion of the project or program objectives;
  • be allowable under the cost principles of Uniform Guidance;
  • be included in the approved budget when required by the sponsoring agency;
  • be incurred for the specific project or program;
  • be incurred within the time period of the award;
  • not be charged or included as contributions to any other governmental award, or sponsored project or program; and
  • not be paid by the government under another award, except where authorized by governmental statute to be used for cost sharing or matching.

 

 

 

 

 

3.2. Typical Types of Cost Sharing Costs

 

Mandatory and voluntary cost sharing expenditures which meet all of the above criteria can include the following types of costs:

3.2.1. Costs funded by the University from non-sponsored accounts, and certain nongovernmental sponsored accounts and not included as cost sharing for any other sponsored project or program.

3.2.2. Cash and third party in-kind contributions (non-personnel) not included as contributions for any other governmentally assisted project or program.

3.2.3. Volunteer or in-kind services provided by external sources such as professional and technical personnel, consultants, and other skilled and unskilled labour if the services are an integral and necessary part of an approved project or program and are required by the award.

3.2.4. Grant-related income included in the approved project/program budget and approved as additional costs by the sponsor.

3.2.5. Matching funds usually involving a University contribution of funds specifically appropriated for or allocated to the project.

3.2.6. Where full indirect costs are not charged to the sponsor, they may be shown on the budget as a cost sharing expense being borne by the University. The sponsoring agency must have allowed the use of unrecovered indirect costs as use for cost sharing purposes.

3.2.7. Values for non-governmental contributions of services, equipment, property, and supplies must comply with the Uniform Guidance.

 

3.3. Unallowable Costs for Cost Sharing

 

The following type of expenditures cannot be used as contributions to cost sharing:

3.3.1. Unallowable costs as defined in the Uniform Guidance.

3.3.2. Indirect costs in excess of the University’s approved indirect cost rates.

3.3.3. Salary dollars in excess of regulatory salary caps, e.g., NIH and NSF salary caps, when effort expended in contribution of the sponsored award exceeds the amount of effort associated with the salary cap.

3.3.4. Cost overruns (for indirect cost proposal classification, the University considers voluntary cost sharing as departmental research).

 

  1. References

 

  • Office of Management and Budget’s Uniform Guidance, 
  • Health and Human Services (HHS), 

 

 

 

 

 

 

 

 

 

– Policy 2440: Internal Service Centres

Date Originally Issued: October 21, 2019.

Authorized by RPM 7.9 (“Property Management”)

Process Owner:  University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

As an extension of its educational service mission, the University has various internal service centres that enhance the University’s instructional and research mission. Although these activities are organized as separate internal service centres, they are an integral part of the University and must comply with all University policies. University internal service centres and other operations that regularly sell goods or services to University departments or activities must also follow cost accounting practices that comply with governmental accounting requirements. Governmental accounting requirements are discussed in the Office of Management and Budget’s regulations in UAP 2400 (“Cost Accounting Standards”). A critical component of the governmental accounting requirements is that the rates internal service centres charge must be carefully developed to ensure that they do not include costs that have been charged to a contract or grant either as a direct charge or through facilities and administrative cost pools used to determine the University’s facilities and administrative cost rate. For more information refer to UAP 2425 (“Recovery of Facilities and Administrative Costs”). For this reason internal service centre rates must include a justification showing how the rate was determined and, in certain cases defined herein, be approved by Financial Services prior to use.

This policy describes procedures for the establishment of/and financial administration for internal service centres which ensure consistent operational practices among various units and compliance with governmental regulations.

  1. Internal Service Centres

 

An internal service centre is an organizational unit providing a specific type of good or service (including facility usage) primarily to University departments rather than to people or entities outside the University. If goods or services are provided externally the rate charged may exceed but cannot be less than the internal rate.  The internal service centre is supported by interdepartmental charges to the user department’s operating account.  In order to qualify as an internal service centre, the unit:

  • is established primarily to provide goods or services to University departments, sponsored programs, and activities (including the department, program, or activity overseeing the centre);
  • operates as a separate, stand-alone entity having control of revenues and expenses;
  • is an on-going activity;
  • requests an internal service centre fund and index, recording revenues from University customers in this index using the appropriate account code in the 06xx range; and
  • charges all internal users equally for goods or services at a rate calculated to recover their costs over a fixed period of time.

Approval, accounting, and reporting requirements for internal service centres are dependent on the classification assigned to the service centre.  There are two (2) classifications, which are based on estimated annual operating expenses:

  • major internal service centres have at least $100,000 in estimated annual operating expenses, or
  • minor internal service centres have less than $100,000 in estimated annual operating expenses.
  1. Non-Internal Service Centres

This policy applies specifically to internal service centres and does not apply to:

3.1. Auxiliary Enterprises

 

These entities exist to provide services to students, faculty, staff or the general public and charge a fee related to but not necessarily equal to the cost of services.  They are managed as essentially self-supporting entities (such as housing, dining, sports, livestock, agricultural, and some medical services).  Auxiliaries may also at times internally bill other University departments for goods or services.

3.2. Units Reallocating Direct Costs

 

Units that only reallocate or transfer identifiable direct costs at cost are not internal service centres.  Accounting guidelines can be obtained by contacting the appropriate Financial Services accounting office.

3.3. Departmental Copy Centres 

 

Departments that operate copy centres are not internal service centres unless they otherwise qualify as defined in Section 2   herein.  Accounting guidelines can be obtained by contacting the appropriate Financial Services accounting office.

3.4. Units Making Infrequent and Immaterial Interdepartmental Sales

 

Departments that make infrequent and immaterial interdepartmental sales are not internal service centres.  Infrequent sales are sales that do not occur on a regular, on-going basis.  Immaterial sales must total less than $20,000 in a fiscal year.  To qualify for this exclusion departments must be able to provide documentation regarding how the amount billed was determined.  Accounting guidelines can be obtained by contacting the appropriate Financial Services accounting office.

3.5. Activities Generating Program Income

 

Program income is revenue earned by activities for which part or all of the cost is borne by a grant or contract or is counted as a direct cost toward meeting a cost-share or matching requirement. Program income is not derived from service centre sales. Principal investigators are responsible for identification, use, and disposition of program income.

  1. Responsibilities

 

The academic or department administrative offices that are responsible for the day-to-day operations of internal service centres must comply with all University policies including accounting, graphic standards, payroll, and personnel policies. Specific responsibilities are detailed below.

4.1. Internal Service Centre Manager

 

The internal service centre manager must:

  • prepare and submit an annual budget with rate justifications to the cognizant director, dean, or vice Rector;
  • enter the budget into Banner at the prescribed time;
  • bill in a timely manner and ensure that all billings are adequately documented–generally within thirty (30) days of the service unless otherwise defined in a specific agreement;
  • use the approved rate schedule for all internal service centre billings;
  • operate the internal  service centre at break-even and in accordance with the centre’s budget; and
  • keep appropriate records for review and audit by internal and external auditors.

 

4.2. Directors, Deans, and Vice Rectors

 

Directors, deans, and vice Rectors are responsible for the administrative and financial operation of internal service centres in their school, Faculty, division, or unit. This includes specific responsibility to:

  • approve all information necessary to establish an internal  service centre;
  • approve budget and annual rate proposals; and
  • fund audit disallowances and annual losses exceeding ten per cent (10%).

 

 

4.3. Financial Services

Financial Services accounting offices are responsible for:

  • approving the establishment of all new internal service centre accounts (major and minor);
  • reviewing and approving internal service centre accounting transactions;
  • reviewing and approving billing rates–minor internal service centres must develop rates in accordance with this policy, but will not submit the rates to Financial Services for approval.  However, these rates will be subject to review by Financial Services at any time;
  • monitoring internal service centre financial operations; and
  • providing billing and accounting assistance for internal service centres.

 

  1. Costs

 

Because internal service centre costs are used to determine the rates charged, internal service centre indexes should contain only governmentally-defined allowable and allocable costs. These costs may include, but are not limited to, direct costs such as salaries, benefits, supplies, maintenanceand travel, and if appropriate, indirect costs. Only costs directly related to the operation of the internal service centre can be used to calculate rates.

An internal service centre may incur costs that are allowable by University policy but may be deemed unallowable by governmental regulations

 

  1. Billing Rates

 

Billing rates have a large impact on governmentally-funded contracts and grants and are subject to heightened scrutiny by governmental auditors. Therefore, billing rates must be:

  • substantiated with allowable costs and usage calculation;
  • reviewed and, if necessary, adjusted at least annually;
  • stated in measurable units, i.e., hours of service, number of items bought or weight; and
  • applied to all internal users on the same basis; however, ahigher rate or rates may be charged for sales to external entities (non-MTU accounts).

Billing rates are calculated as follows:  budgeted expenses +/- prior year deficit/surplus (within +/- 10%) divided by budgeted usage bases. Billing rates cannot include the full cost of capital equipment, building, and improvements but should include allowable depreciation chargeon such items. However, equipment purchased using governmental funds cannot be included in depreciation calculations.   If equipment is purchased partially with governmental funds, the purchase amount not paid for with governmental funds may be included in depreciation calculations.  There are times when indirect costs, such as facility costs, cannot be separately identified to the internal service centre. When this occurs, only direct costs will be recovered through established rates.

Departments with major internal service centres are responsible for submitting rates for the upcoming fiscal year to the appropriate Financial Services accounting office by March 15.  Departments with minor internal service centres are responsible for developing rates annually in accordance with this policy.  Although minor internal service centres are not required to submit the rates to Financial Services for review, these rates, as well as internal service centre activity, are subject to review at any time.  Charges to sponsored projects by internal service that have not developed a rate and received approval by Financial Services, when applicable, are considered unallowable charges to sponsored projects.

Any surplus, exclusive of operating or depreciation reserves as discussed in Section 6 herein, are carried forward and the rates adjusted accordingly in the following period.  Any deficit within the ten per cent (10%) break even range is carried forward to the following period and the rates increased accordingly to cover the deficit.  Deficits in excess of ten per cent (10%) are funded by other departmental unrestricted funds.

 

  1. Accounting and Budgeting

 

As self-funded business operations, internal service centres are budgeted and accounted for separately from other departmental activities. The costs of operating an internal service centre are not commingled with the costs of other operations. Annual internal service centre budgets must reflect expected revenue, funding sources, and expenses.

Revenue recognized by internal service centres must be recorded in the appropriate account code.  Contact the appropriate Financial Services accounting office for guidance.  As a prudent accounting practice, internal service centres will be allowed to accumulate an operating reserve of no more than sixty (60) days of estimated expenses (16.67% of annual operating budget) upon appropriate justification and documentation.  Also, the costs recovered per the portion of the billing rate attributed to depreciation expense can be accumulated as a “capital reserve.”  Depreciation recovered will be transferred to a plant fund.  Operating reserves and capital reserves are excluded when determining the net surplus accumulated or deficit incurred for the year.

 

  1. Graphic Standards and Marketing

 

Internal service centres are expected to follow the University’s graphic standards described in UAP 1010 (“University External Graphic Identification Standards”). The centres must use the University logo on printed and other materials and are prohibited from using separately designed logos.

  1. Exceptions

 

If an internal service centre requires rate calculation, accounting, and/or budgeting methods that do not fit the parameters discussed above, the service centre director must submit a written description of the method to be used and include a justification for operating outside the standard parameters.  All exceptions require approval in writing by the University Controller or the HSC Senior Executive Officer for Finance and Administration.

 

 

– Policy 2450: Cost Transfers

Date Originally Issued: October 21, 2019

Authorized by  RPM 5.9 (“Sponsored Research”)

Process Owners:  University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

Cost transfers are after-the-fact allocations of direct charges (including labour redistributions) to, from, or between governmentally sponsored projects. Cost transfers are subject to the same direct cost requirements as the original cost as discussed in Section 3.2.1 of UAP 2410 (“ Accounting for Governmentally Defined Allowable and Unallowable Costs”) .  Also refer to UAP 2485 (“)ver-Expenditures, Losses and Gains on Contracts and Grants”)

 

  1. Cost Transfer Requirements

 

Four (4) requirements must be met before a cost transfer is submitted: the transfer must be allowable, reasonable, allocable, and timely. Supporting documentation must accompany the submission. Governmental allow ability is defined by the Office of Management and Budget in Section 200.403 of 2 CFR Part 200 (“Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Governmental Awards”) and the Governmental Acquisition Regulations (FAR), 48 CFR Part 31, Subpart 31.3.  See Section 4.2 of UAP 2410 (“Accounting for Governmentally Defined Allowable and Unallowable Costs”) for a discussion of allow ability and reasonableness according to University policy and governmental regulations.

 

2.1. Reasonable Costs

Costs are considered to be reasonable if the goods or services acquired and the dollar amount of the cost:

  • reflect a prudent and responsible action,
  • are generally recognized as ordinary and necessary,
  • are in accordance with all applicable external regulations and terms, and
  • are consistent with University policies governing the action.

 

 

 

2.2. Allocability

Allocability is another criterion for allow ability. As a general rule, costs are chargeable or assignable to a specific sponsored project in accordance with the relative benefits received or any other equitable relationship. A cost is allocable to a sponsored project, and may be transferred to that agreement, if it:

  • is incurred solely to advance the work under the sponsored project, or
  • benefits both the sponsored project and other work of the institution, in proportions that can be approximated through reasonable methods, and
  • is necessary to the overall operation of the institution, and, in accordance with the Uniform Guidance, is assignable in part to sponsored projects.

 

2.3. Timeliness

A cost transfer must be made as soon as the need for it is identified. Supporting documentation for any cost transfer submitted later than ninety (90) days after the original date of the transaction must include an explanation for the delay and approval of the applicable dean or director. A more restrictive deadline may apply if required by the sponsoring agency. It should be noted that corrections in the government’s favour have no time limit, and the close-out of a sponsored project does not affect the obligation of the University to return funds due as a result of later refunds, corrections, or other transactions.

 

2.4. Supporting Documentation

Supporting documentation must accompany all cost transfer submissions and include a:

  • description of the cost,
  • reason for the transfer,
  • explanation as to how the receiving sponsored award benefits from the cost,
  • justification of allow ability of the cost to the receiving sponsored award,
  • corrective action to ensure transfers are not required in the future (if applicable), and
  • signature of the dean or director and an explanation for delay if the correction exceeds ninety (90)days after the original charge.

 

  1. Compliance Risk

Cost transfers are always an audit target and can be a significant compliance risk. The following types of cost transfers are subject to audit scrutiny because they are an indication of activities deemed unallowable by governmental regulations and University policy:

  • numerous cost transfers,
  • cost transfers with insufficient documentation,
  • cost transfers made more than ninety (90)days after original charge,
  • cost transfers made more than sixty (60) days after the end date of the sponsored project,
  • cost transfer decisions based on available funding (caution: do not move excess funds from one sponsored projectto an overspent sponsored project), and
  • inappropriate effort certification for redistributed

 

 

 

 

 

– Policy 2470: Sub-Award Administration

Date Originally Issued: October 21, 2019

Authorized by RPM 5.9 (“Sponsored Research”)

Process Owners:  University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

The purpose of this policy is to ensure compliance with governmental regulations and the terms of individual sponsored agreements and provide for adequate monitoring of the activities of sub-recipients. Although governmental regulations include purchase orders in their definition of subcontracts, for the purpose of this policy, purchase orders issued for standard and routine goods and services are not considered sub-awards.

Sub-award administration consists of pre-award activities (negotiation and preparation of sub-awards) and post-award activities (subsequent administration, accounting, and monitoring of sub-awards). The responsibility of sub-award administration is shared by the following University entities:

  • Principal investigator
  • Office of Sponsored Projects (Main Campus)
  • Contract and Grant Accounting Department (Main Campus)
  • Office of Sponsored Projects (Health Sciences centre [HSC])
  • Contract and Grant Accounting Department (HSC)
  • Purchasing Department

 

  1. Establishing Sub-Awards

 

2.1. Sub-Recipient and Vendor Determinations

 

The University is required to distinguish between a sub-recipient and a vendor. Payments received for goods or services provided as a vendor are not considered sub-awards to sub-recipients.  The Main or HSC Office of Sponsored Projects is responsible for making the initial determination concerning sub-recipient versus vendor classification. The guidelines provided in the table below are taken into consideration when determining whether payments constitute a governmental award or payment for goods and services.

Sub-Recipient Factors Vendor Factors
Exercises considerable discretionary judgment and determines who is eligible to receive what governmental assistance. Provides the goods or services within its normal business operations.
Performance is measured against the objectives of the governmental award. Provides similar goods or services to many different purchasers.
Has responsibility for programmatic decision making. Normally operates in a competitive environment.
Has responsibility to comply with applicable governmental program requirements specified in the award. Provides goods or services that are ancillary to the operation of the governmental program.
Uses the governmental funds to carry out its own program, as compared to providing goods or services for a MTU program. Not subject to the compliance requirements of the governmental program.
Provides matching funds or cost sharing. Provides services of a repetitive nature or goods of a commonly available kind.
Distributes governmental dollars further down the pipeline. Assumes the risk if performance is more costly or time consuming than expected.

 

2.2. Principal Investigator

 

When a contract or grant proposal is being prepared, the principal investigator must request a complete statement of proposed work from any potential sub-recipients. Each statement of work must include a budget, a definition of time commitments, and technical information. The principal investigator is encouraged to solicit statements of work from several organizations. After receipt and evaluation of statements of work, the principal investigator must incorporate the statement of work and the budget into the proposal to the funding agency. After an award has been received, an additional specific prior written approval from the funding agency may be required to issue a sub-award. Verbal commitments should not be given to a potential sub-recipient until a properly executed Sub-Award Agreement has been issued.

2.3. Office of Sponsored Projects

 

Following receipt of the prime award, the applicable (Main Campus or HSC) Office of Sponsored Projects will insure the sub-awardee is not disbarred from receiving governmental funds and prepare a Sub-Award Agreement. In addition to University required terms and conditions, the Sub-Award Agreement may also contain many of the same terms and conditions as in the prime contractor grant (i.e., flow down provisions). Appropriate signatures will be obtained on the Sub-Award Agreement from the sub-recipient and authorized University official. A copy of the Sub-Award Agreement is then forwarded to the Principal Investigator and the appropriate Contract and Grant Accounting Department (Main Campus or HSC).

 

2.4. Main Campus and HSC Contract and Grant Accounting Departments

 

The appropriate Contract and Grant Accounting Department will review the Sub-Award Agreement and create a general encumbrance in the University financial system and will process the general encumbrance and the Sub-Award Agreement according to all applicable governmental regulations, including but not limited to:

  • Governmental Acquisition Regulations (FAR) (“Subcontracting Policies and Procedures”), 48 CFR Part 44
  • Office of Management and Budget’s regulations in Uniform Guidance.

 

 

 

  1. Changes to Sub-Awards

 

All requests for changes to sub-awards must be submitted in writing to the appropriate Office of Sponsored Projects (Main Campus or HSC).  When a significant change is made to an existing sub-award, the Sub-Award Agreement must be reviewed to determine if a Sub-Award Agreement Amendment is required.

3.1. Sub-Award Agreement Amendments

 

A significant change in any of the terms of a Sub-Award Agreement requires a written amendment. A Sub-Award Agreement Amendment may or may not require a change to the general encumbrance.

Sub-Award Agreement amendments are required for the following changes:

  • change in the scope of work;
  • change in the expenditure level;
  • cancellation of all or a portion of the sub-award;
  • change in key personnel;
  • change in performance dates.

If the sub-recipient’s name is changed, the original general encumbrance is cancelled and a new one is issued.

 

  1. Monitoring Sub-Recipients

A sub-recipient is defined as a legally constituted organization or institution that helps the prime recipient (grantee) carry out the scope of work identified in the proposal. The University monitors sub-recipients for performance, costs, and compliance with applicable regulations including reporting requirements. In addition, as a prime recipient of governmental grant funds, the University is viewed as the sponsor of the activity and must monitor the activities of sub-recipients. The Uniform Guidance requires that the prime recipient monitor the activities of the sub-recipients; evaluate their risk of noncompliance with governmental statutes, regulations, and the terms and conditions of the sub award; monitor their performance; and review their audits.

4.1. Principal Investigator

 

The principal investigator is responsible for monitoring the sub-recipient for work performance and adherence to schedule and budget.

4.2 Contract and Grant Accounting Departments (Main Campus and HSC)

 

The appropriate Contract and Grant Accounting Department is responsible for comparing actual costs to the sub-award budget and maintaining copies of all cost documents pertaining to each sub-award, including Sub-Award Agreements, Sub-Award Agreement Amendments, and invoices.

4.2.1. Non-profit Sub-Recipients

 

If the sub-recipient expends $750,000 or more in governmental awards during the sub-recipient’s fiscal year, the sub-recipient must make a copy of its most recent audited organization-wide financial statements available to the University upon request. Such audits must be conducted according to the guidelines of the Uniform Guidance. The Contract and Grant Accounting Departments (Main Campus and HSC) will obtain required financial statements from sub-recipients and review them for adequate internal controls, material weaknesses, and reportable conditions to determine if an adjustment to the University’s financial statements is required. In addition, MTU will bill the sub-recipient for questioned costs relating to the project that was identified in the sub-recipient’s audit.

 

4.2.2. For-Profit Sub-Recipients

 

The Uniform Guidance does not apply to for-profit sub-recipients. The University is responsible for establishing requirements, as necessary, to ensure compliance by for-profit sub-recipients. The sub-award with the for-profit sub-recipient should describe applicable compliance requirements and the for-profit sub-recipient’s compliance responsibility. Methods to ensure compliance for governmental awards made to for-profit sub-recipients may include Office of Sponsored Projects audits, monitoring during the sub-award, and post-award audits.

4.3. Purchasing Department

 

If the sub-award is on a governmental contract and the sub-award is for $650,000 or more in aggregate and the sub-recipient is not a small business, the Main Campus or HSC Office of Sponsored Projects will require a Small Business Subcontracting Plan from the sub-recipient. The Purchasing Department is responsible for monitoring the sub-recipients Small Business Subcontracting Plan.

  1. Payments to Sub-Recipients

 

Sub-recipient invoices must be submitted directly to the appropriate Contract and Grant Accounting Department designated in the Sub-Award Agreement and should indicate the general encumbrance number. Payment must be made within 30 calendar days after receipt of the billing, unless the governmental awarding agency or pass-through entity reasonably believes the request to be improper.  The appropriate Contract and Grant Accounting Department (Main Campus or HSC):

  • reviews each incoming invoice;
  • verifies the indexnumber and general encumbrance number;
  • compares the actual cost to the sub-award budget;
  • verifies the invoice contains all required information;
  • signs to indicate approval; and
  • sends it to the principal investigator.

The principal investigator:

  • verifies the invoice is accurate;
  • certifies the work being billed for was performed;
  • verifies the costs are allowable;
  • verifies that all progress and deliverables through the date of the invoice have been received, reviewed, and accepted;
  • signs or otherwise acknowledges approval; and
  • forwards the invoice to the University Accounts Payable Department for payment processing.

 

 

 

 

  1. Utilization of Small, Disadvantaged, and Women-Owned Businesses 

 

The Mesarya Technical University encourages the utilization of small businesses, small disadvantaged businesses, and small women-owned businesses, in compliance with Northern Cyprus (TRNC) laws.

  1. Close-Out of Sub-Awards

 

Before a sub-award can be closed out, the appropriate (Main Campus or HSC) Contract and Grant Accounting Department will:

  • require the sub-recipient to sign a certification form indicating the sub-award has been billed in full and all the provisions of the Sub-Award Agreement have been fulfilled;
  • review the sub-award to ensure that all provisions have been met and all required reports have been submitted; and
  • finalize any disposition of equipment. If title for the equipment is to pass to the University or the sub-recipient, the Contract and Grant Accounting Departmentwill process all required documents.

 

 

 

 

– Policy 2480: Incentives for Program Participants

Date Originally Issued: October 21, 2019

Authorized by RPM 5.9 (“Sponsored Research”) and RPM 5.14 (“”Human Beings as Subjects in Research”)

Process Owners: University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

The University conducts research, including human subject research, and other non-research activities that require or benefit from participants taking part in the event.  Non-research activities might include, for example, a student poster presentation or a staff survey for which prizes are provided to encourage participation. To compensate for participation, cash payments and non-cash incentives may be provided to participants if allowed by a contract or grant, or other University funding sources, and made in accordance with applicable laws, regulations, and University policies.  Cash payments and non-cash incentives are collectively referred to as “incentives” in the remainder of this policy.

  1. Allowable Incentives

 

Incentives provided to participants generally consist of checks, gift cards, or non-cash items. Typically, incentives are modest in amount, with a fair market value of less than $100.   All incentives should be carefully tracked and safeguarded.  Cash incentives must be handled and accounted for in accordance with UAP 7200 (“Cash Management”) and UAP 7210 (“Petty Cash Fund”). These policies also apply to gift cards, which are considered cash equivalents.

Gift cards and non-cash incentives must be purchased directly by MTU with a purchasing card or purchase order.

MTU will not reimburse individuals for purchasing incentives.

If you have questions about incentives, please contact the appropriate financial services office.

The University complies with its obligations relative to patient inducements under the Office of the Inspector General Act and other applicable governmental and state laws, rules, and regulations. Nothing contained in this policy shall be construed to authorize the payment or provision of incentives, payments, or other remuneration to or for patients at the MTU Health Sciences centre, except as is compliant with applicable governmental and state laws, rules, and regulations and the Health Sciences centre Code of Conduct, and policies and procedures promulgated thereunder.

  1. Required Documentation

 

3.1. Incentives of Less than $600 in a Calendar Year

When incentives to individual participants total less than $600 in a calendar year, departments should use the Participant Receipt Form (for less than $600) to track basic information for internal departmental use.  These forms collect the following information, which should be collected from each participant before the incentive is distributed:

  • Name of the participant (or unique identifier for confidential studies).
  • Participant’s signature (or checkmark for confidential studies) acknowledging the receipt of the incentive.
  • Date incentive was provided to the participant.
  • Value (for cash) or fair market value (for non-cash) of the incentive.

The Participant Receipt Form (for less than $600)  is for internal departmental use only, and should not be forwarded to any other office unless specified on the form.

 

3.2. Incentives of $600 or More in a Calendar Year

 

In the event that University distributes an individual incentive or series of incentives with a value (for cash) or fair market value (for non-cash) of $600 or more in a calendar year, the University is required by Tax office of MINISTRY OF FINANCE regulations to submit a relevant Form to the payment recipient.

Departments are responsible for tracking incentives to participants, and confirming whether any other incentives from the University occurred.  If individual or aggregate incentives from MTU equal $600 or more within a calendar year, departments must use the Participant Receipt Form (for less than $600)   and forward it as directed on the form within two (2) weeks after the incentive that meets this threshold is distributed.  Departments are responsible for protecting identity card numbers in accordance with UAP 2030 (“Identity Card Numbers”) .

If the payment is under an Invoice, it is not necessary to complete the Participant Receipt Form.

If the above information is not collected, the department conducting the program will be responsible for all penalties and accrued interest assessed by the tax office of MINISTRY OF FINANCE for non-compliance.

3.3. Incentives from Multiple Projects

 

Participants must certify on the Participant Receipt Form (for less than $600)    that they have not received or do not expect to receive, any additional incentives for services from MTU that would total $600 or more during the calendar year.  If incentives total $600 or more for the calendar year, then the Participant Receipt Form (for $600 or more)    must be completed.  Alternatively, participants may accept an incentive that would limit the overall value of their incentives from MTU for the calendar year to less than $600.

 

3.4. Exception for Institutional Review Board Waiver of Signed Consent and Certificates of Confidentiality

 

Participants are NOT required to provide their names or identity card numbers when participating in a study where the investigator has obtained and an institutional review board has approved either of the following:

  1. A waiver of a signed consent where no names are collected on the consent form.  A Certificate of Confidentiality issued by National Institutes of Health. Certificates protect against compulsory legal demands, such as court orders and subpoenas, for identifying information or identifying characteristics of a research participant

Participants may use a checkmark instead of a signature to indicate confidential receipt of the incentive, or the principal investigator may sign to verify disbursement of incentives.

  1. Tax Reporting

 

4.1. University Employees

 

The value of all incentives given to participants who are University employees (faculty, staff, and students), regardless of amount, must be reported to Payroll.  Incentives to University employees must comply with all University policies, including those pertaining to compensation and conflict of interest.  Gift cards are considered cash payments by tax office of MINISTRY OF FINANCE and included in an employee’s taxable income.  (One exception is gift cards issued to customers in exchange for returned merchandise, such as by the University Bookstore.)  An employee can prevent these tax implications by refusing receipt of the incentive at the time it is offered or earned.

 

4.2. Non-Employees

 

The value of certain incentives made to non-University employees may be reportable to the MINISTRY OF FINANCE.  As noted in section 3.1 above, incentives to any individual must be kept below $600 in any calendar year in order to not collect the necessary information for tax office of MINISTRY OF FINANCE  relevant Form reporting.

 

4.3. Foreign Nationals

 

Contact the University Taxation Department in advance for reporting requirements and guidance regarding incentives to foreign nationals.  These incentives will be subject to tax withholding.  To the extent possible, incentives to individuals identified as foreign nationals must be reported to the University Taxation Department prior to the program or event.  Incentives to foreign nationals are made in accordance with UAP 2180 (“Foreign Nationals”).

 

 

 

  1. Confidentiality

 

Departments are responsible for complying with the Health Insurance Portability and Accountability Law regulations, and other relevant laws and regulations pertaining to confidential information.  Do not include any protected information when reporting the information required in Section 3; however, departments are responsible for maintaining all required supporting information documenting incentives to participants, in accordance with the research protocol.

 

  1. Unused, Stolen, and Lost Incentives

 

Unused gift cards and other incentives should be properly safeguarded, tracked, and managed.  Departments are encouraged to purchase only the number of gift cards or other incentives needed for the near term.  For guidance on the proper handling of unused gift cards and other incentives, departments should contact their Unrestricted Accounting Office.

Stolen or lost gift cards and other incentives should be reported to Campus Police.

  1. Exceptions

 

All exceptions to this policy, other than those noted in the third paragraph of Section 3.4, must be approved in advance in writing by the Vice Rector for Research for the Main Campus, or by the Executive Vice Chancellor for Research for the Health Sciences centre.

  1. Attachments

 

Participant Receipt Form (for less than $600 in a calendar year) 

Participant Receipt Form (for $600 or more in a calendar year) 

 

 

– Policy 2485: Over-Expenditures, Losses, and Gains on Contracts and Grants

 

Date Originally Issued: October 21, 2019

 Authorized by RPM 5.9 (“Sponsored Research”)

Process Owners:  University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

Gains on fixed-price contracts or grants are treated as University revenue. Losses on fixed-price contracts or grants and over-expenditures on other contracts or grants are treated as University expenses. Such gains, losses, and over-expenditures are transferred to the responsible college or unit’s unrestricted accounts.

 

  • Facility and Administrative Costs (F&A)

 

Facilities and administrative (F & A) costs on completed fixed-price contracts are adjusted to the actual amount or the budgeted amount, whichever is greater. When the actual amount exceeds the budgeted amount, the college does not receive any portion of the excess F & A costs. This happens when there are losses on fixed price contracts and over-expenditures on other contracts and grants. F & A costs are calculated using the applicable F & A cost rate in effect for that contract or grant at the time it ended.

 

  1. Account Codes

Account codes are used to identify and segregate losses, gains, and over-expenditures.

 

2.1. Account Code 0810

Account code 0810 is used to transfer gains to unrestricted accounts. This account code is used for both sides of such entries. The description “Gain on Sponsored Project Gen” is assigned.

 

2.2. Account Code 8600

Account code 8600 is used to transfer losses and over-expenditures to unrestricted accounts. This account code is used for both sides of such entries. The description “Loss on Sponsored Project Gen” is assigned.

 

  1. Gains and Losses on Fixed-Price Contracts or Grants

 

A fixed-price contract is considered completed when the funding agency has accepted the results of the contracted work and has paid in full. Occasionally, at the point of completion, there are funds remaining in the account (i.e., the budget was not fully spent). Such gains are treated as University revenue. In other occasional cases, expenses incurred on a fixed-price contract exceed the budget. Such losses are treated as University expenses. Policies and procedures for accounting for losses and gains on fixed-price contracts and grants are outlined below.

3.1. Accounting for Gains on Fixed-Price Contracts or Grants

Indirect costs for the contract or grant are adjusted to the budgeted or actual amount, whichever is greater. Adjustments to indirect costs are credited to the F &A Cost Recovery account. The resulting gain is credited to the college or unit’s unrestricted research or public service account, whichever is applicable. The account credited is at the college level, unless the college has authorized the entry to be credited directly to departments. Main Campus or Health Sciences centre (HSC) Contract and Grant Accounting Departments make the appropriate accounting entries.

3.2. Accounting for Losses on Fixed-Price Contracts or Grants

F & A costs for the contract or grant are adjusted to the budgeted or actual amount, whichever is greater. The loss on both direct and F & A costs are charged to the college or unit’s unrestricted research or public service account. Actual F & A costs are calculated and charged to the contract or grant account.

  • The actualamount of F & A costs is charged to account code 01000789
  • F & A recovery is credited.

The total loss on the contract or grant is expensed, charging the college or unit’s unrestricted research or public service account. The account charged is at the college level, unless the college has authorized the losses to be charged directly to departments. Main Campus or HSC Contract and Grant Accounting Departments make the appropriate accounting entries.

  1. Over-Expenditures on Contracts or Grants

 

Over-expenditures on non-fixed-price contracts and grants are recorded as University expenses when the account has expired and the final financial report is prepared by the appropriate (Main Campus or HSC) Contract and Grant Accounting Departments. Actual F & A costs are calculated and charged to the contract or grant account.

  • F & A costs are calculated on actual direct costs and charged to account code ……………………….
  • F & A recovery is credited.

The total amount that an account has been overspent, including both direct and F & A costs, is charged to the college or unit’s unrestricted research or public service account. The account charged is at the college level, unless the college has authorized the over-expenditures to be charged directly to departments. The appropriate Contract and Grant Accounting Departments make the appropriate accounting entries.

  1. Notification and Documentation

 

The gain, loss, or over-expenditure is processed and documented through a journal entry by the appropriate (Main Campus or HSC) Contract and Grant Accounting Department by transferring the gain, loss, or over-expenditures to an unrestricted account.  Notifications are sent to faculties or units that such transfers have been made.

 

 

– Policy 2500: Acceptable Computer Use

Date Originally Issued: October 21, 2019…………

Authorized by RPM 3.1 (“Responsibilities of the Rector”)

Process Owner:  Chief Information Officer

 

  1. General

 

As an institution of higher learning, the Mesarya Technical University encourages, supports, and protects freedom of expression as well as an open environment to pursue scholarly inquiry and to share information.  Access to information technology (IT), in general, and to the Internet, in particular, supports the academic community by providing a link to electronic information in a variety of formats and covering all academic disciplines. The computing and network resources, services, and facilities of the University are limited and should be used wisely and carefully with consideration for the needs of others.  As with any resource, there is a possibility of misuse. In an attempt to prevent or mitigate such misuse, this policy outlines proper and improper behaviours, defines misuse and incidental use, explains rights and responsibilities, and briefly reviews the repercussions of violating these codes of conduct.

The Mesarya Technical University provides computing services to University faculty, staff, students, retirees, and specified outside clients of the University and periodically to visitors and guests. These services are intended primarily for furthering the education, research, and public service mission of the University and may not be used for commercial purposes or profit-making. This Policy is applicable to all individuals using University-owned or -controlled computer equipment, communications equipment, data network (wired and wireless), storage devices, and computer-related facilities, whether such persons are students, staff, faculty, or third-party users of University computing resources and services. All University policies including, but not limited to, intellectual property protection, privacy, misuse of University equipment, sexual harassment, hostile work environment, data security, and confidentiality shall apply to the use of computing services.

1.1. Departmental Computer Use Policies and Procedures

Individual departments within the University may define “conditions of use” for information resources under their control.  These statements must be consistent with this overall policy but may provide additional detail, guidelines, and/or restrictions.  Such policies may not relax, or subtract from, this policy.  Where such “conditions of use” exist, the enforcement mechanisms defined within these departmental statements shall apply.  Individual departments are responsible for publicizing both the regulations they establish and their policies concerning the authorized and appropriate use of the equipment for which they are responsible. In such cases, the department administrator shall provide the cognizant vice Rector and the University Director of IT Security with a copy of such supplementary policies prior to their implementation.  Where the use of external networks is involved, policies governing such use also are applicable and must be adhered to.

 

1.2. Computing Services

For the purposes of this policy computing services include the following:

  • All University data, information, and information systems (including computer applications used by the University that are hosted elsewhere),
  • All University computer hardware, software, multi-media, and communication services including all computer resources, communications equipment, and data networks—wired and wireless,
  • All University telephones, mobile phones, smart phones, storage devices, and personal digital assistants, and
  • All digital assets owned, managed or leased by the University and any that may be entrusted to the University by other organizations (e.g., cloud computing services as well as any other future computing device, service, system, or application.)

 

  1. Rights and Responsibilities

 

The use of University computing services is a privilege. Users who have been granted this privilege must use the services in an appropriate, ethical, and lawful manner. Unauthorized access is prohibited and may be monitored and reported to the proper authorities. The University does not provide a warranty, either expressly or implied, for the computing services provided. The University reserves the right to limit a computer user’s session if there are insufficient resources, and to cancel, restart, log, record, review or hold a job, process, network connection or program to protect or improve system or network performance if necessary.

The University network is large and complex and supports mission critical functions such as patient care, payroll, academic classes, Internet access, and electronic mail.  To ensure the integrity of the network and maximize the availability of network services, all users connected to the University’s network must follow IT requirements which can be found at http://it.MTU.edu.tr/network/policy.html.

Aside from publicly accessible computing resources such as the MTU main campus and branch campus public-access computers and any University-sanctioned unsecured wireless network, access to all University computing systems must be authorized by the cognizant department head or designee and in accordance with the terms of UAP 2520 (“ computer Security Controls and Guidelines”) .

 

2.1. User Responsibilities

Users are responsible for all their activities using computing services and shall respect the intended use of such services. Whenever a computing facility has specific rules and regulations that govern the use of equipment at that site and users shall comply with those rules and regulations governing the use of such computing facilities and equipment in addition to any over-arching University policies such as this one.  Users must understand and keep up-to-date with this policy and other applicable University computer policies and procedures.

Users shall respect all copyrights including software copyrights. Users shall not reproduce copyrighted work without the owner’s permission. In accordance with copyright laws, including the Digital Millennium Copyright Act, the Office of University Counsel, upon receipt of official notice from a copyright owner, may authorize blocking access to information alleged to be in violation of another’s copyright. If after an investigation information is determined by the Office of University Counsel to be in violation of another’s copyright, such information will be deleted from University computing systems.

2.1.1. Copyrights and Software Licenses

Users of University computing resources must comply with copyright law and the terms of licensing agreements, including software licenses, before accessing or using copyrighted material on the Internet. Users are responsible for determining what licenses or permissions are necessary and for obtaining such permissions or licenses before using University computing resources. Purchased music, movies, software, and other multi-media files usually include a license that gives you permission to make copies, change formats or to share the file with others.

Generally, software which the University is not permitted or not licensed to use shall not be installed on University computing services; however, software which has been personally-acquired is permitted to be installed on University computing services so long as the user who has installed the software is able to prove s/he is legally permitted to do so. (This is usually done by retaining and providing the license upon request.)

File-sharing applications often involve the unlawful copying or distribution of copyrighted material without permission or license from the copyright owner.  Anyone who sends or receives files using file-sharing software may be engaging in an unlawful act unless (a) the user is the copyright owner or has permission from the copyright owner, (b) the material is in the public domain, or (c) fair use or another exception to copyright law applies.

Upon receipt of information alleging that a user may be engaged in unauthorized file sharing of copyrighted material or is in violation of licensing obligations or other copyright law, the University may, without notice, immediately suspend, block, or restrict access to an account.  The University may take such action when it appears necessary in order to protect the security or integrity of computing resources, or to protect the University from liability.

Users who violate copyright law or license terms may be denied access to University computing resources, and may be subject to other sanctions and disciplinary actions, including but not limited to expulsion or discharge from the University.

In accordance with its legal obligations, the University will continue to develop plans to combat the unauthorized use and distribution of copyrighted materials, including the possible use of technological deterrents.  The University will also continue to provide information on alternatives to illegal file-sharing.   

   

2.1.2. Site Licenses

The University enters into site license agreements with commercial vendors for campus-wide use of certain software products.  The University currently has site licenses for products, including word-processing, spread sheet, and database management applications software.  In addition, many software applications are available at an educational discount through the MTU Bookstore or other vendors.  Before buying a particular product, departments should contact the University Purchasing Department or IT Software Distribution to determine if the University has a site license or volume purchase discounts for the software in question.  All users are responsible for adhering to University procurement policies and practices.

2.1.3. Software Developed Internally

University personnel may develop computer programs using University computing resources.  Such software may be subject to the University’s Intellectual Property Policy.

2.1.4. Computer Security

Individuals using computing services are responsible for keeping accounts and passwords confidential and for safeguarding all University data and information, especially those covered by international and Northern Cyprus (TRNC) governmental regulations regardless if it is being stored on University computing resources, stored on non-University resources, or being transmitted over communication networks.

Unless there is a legitimate University purpose, users shall keep all faculty, student, staff, and patient personally identifiable information (as defined by applicable governmental or international regulation) confidential and shall not transmit or request to receive such information. Examples of this type of information include identity card numbers, driver’s license numbers, birth dates, protected health information within the meaning of applicable laws, and insurance policy numbers.  This is not an exhaustive list.  When in doubt, individuals should the contact the Chief Information Officer (or designee) or the MTU Privacy Officer.

2.1.5. Computer Accounts and Passwords

The University, through IT and departments, provides computer accounts to authorized users for access to various University systems.  These accounts are a means of operator identification and passwords are used as a security measure.  An individual’s computer account shall not be shared. Account use is a privilege, not a right.

2.1.5.1. Account Authentication

Passwords, PINs, and other identifiers authenticate the user’s identity and match the user to the privileges granted on University computers, computer networks, systems, and computing resources.  A password is a security measure designed to prevent unauthorized persons from logging on with another person’s computer account and reading or changing data accessible to that user.  Users should create passwords carefully and handle them with care and attention.  Refer to http://it.MTU.edu.tr/accts/faq.html  for guidance on creating passwords.  For this security feature to be effective, the user must protect the secrecy of his/her password.

Each user should:

  • choose a password that is easy to remember but hard to guess,
  • change his/her password regularly and at any time the user believes the password may have been compromised,
  • avoid writing the password down, and
  • not disclose or share the password with anyone.

Similar measures apply to all authentication methods such as PINs.

2.1.5.2 Account Termination and Locking

When an individual leaves the University, his or her account(s) must be locked as soon as reasonably possible and, subsequently, deleted within a reasonable time. If misuse or theft is detected or suspected, account(s) will be locked according to the University’s procedures.

2.1.6. Computer and Data Security

Everyone at the University shares responsibility for the security of computer equipment, data, information, and computing resources.

2.1.6.1. Physical Security

Everyone is responsible for the proper use and protection of University computer resources. Examples of protection measures include:

  • locking areas after business hours or at other times when not in use;
  • taking special precautions for high-value, portable equipment;
  • locking up documents and computing resources when not in use;and
  • following University policies for taking computer equipment off campus (refer to UAP 7730 (“Taking University Property Off Campus”).

 

2.1.6.2. Information Security

Security of data and information is an essential responsibility of computer system managers and users alike. For example, users are responsible for:

  • ensuring the routine backup of their files;
  • using data only for approved University purposes; and
  • ensuring the security and validity of information transferred from University systems.

UAP 2520 (“Computer Security Controls”) should be referred to for specific information security requirements.

 

2.1.7. Computer Viruses and Anti-virus Software

All University departments, though department heads or designees, shall ensure anti-virus software is installed on University computing resources when technically possible and that the software is active and kept up to date.  This requirement applies to all computer servers as well as all desktop and laptop computers.  This will help ensure that University computing services and digital assets are not compromised, misused, deleted, or destroyed.

Assistance with virus protection and software is available from IT at http://it.mesarya.university

 

 

  1. Unacceptable Computer Use

 

The University reserves the right to block access to any external electronic resources that are deemed in violation of this Policy. The University reserves the right to sanction a user pursuant to Section 7 herein if it is determined, after an investigation by the appropriate office, that the user violated governmental or state law, rules, or regulations or University policy by misusing University computing services.  The University will disclose illegal or unauthorized activities to appropriate University personnel and/or law enforcement agencies.

 

3.1. Security Violations

Users shall not:

  • attempt to defeat or circumvent any security measures, controls, accounts, or record-keeping systems;
  • use computing services to gain unauthorized access to MTU’s or anyone else’s computing services;
  • intentionally alter, misappropriate, dismantle, disfigure, disable, or destroy any computing information and/or services;
  • Knowingly distribute malware (i.e., computer viruses, worms, Trojans, or other rogue programs).

 

3.2. Legal Violations

Users shall not use computing services:

  • for workplace violence of any kind as defined in UAP 2210 (“Campus Violence”);
  • for unlawful purposes, including fraudulent, threatening, defamatory, harassing, or obscene communications;
  • to invade the privacy rights of anyone;
  • to disclose student records in violation of relevant Northern Cyprus (TRNC) laws;
  • to access other computing services (i.e., other MTU computers or computer systems for unauthorized purposes);
  • to access or disclose financial information in violation of the relevant Northern Cyprus (TRNC) laws or the University’s Information Security Program;
  • to access or disclose any non-public or personally identifiable information about a patient, employee, or student without having a legitimate University purpose;
  • to access, use, or disclose protected health information within the meaning of the Privacy Rule Regulation or any applicable state law relating to the confidentiality of health information about a patient, employee, or student without having a legitimate University purpose or in violation of Northern Cyprus (TRNC) laws and applicable University policies pertaining to privacy and security, except as permitted by University policy and applicable state and governmental laws, rules, and regulations; or to violate University policy, Northern Cyprus (TRNC) state law, or international law, including but not limited to copyright laws.

 

3.3. Other Misuse

Users shall not use computing services:

  • in violation of any University contractual obligation, including limitations defined in software and other licensing agreements;
  • in a way that suggests University endorsement of any commercial product (unless a legal agreement exists and any communication or computing activity has been pre-approved by an appropriate vice Rector);
  • to conceal one’s identity when using computing services, except when the option of anonymous access is explicitly authorized;
  • to possess or distribute obscene or pornographic material unrelated to University instruction, research, or business needs (students are excluded from this provision);
  • to masquerade or impersonate another,
  • by physically or electrically attaching any device to a University computer, communications devices, or wired or wireless network connection that negatively impacts the performance of any other University computing service;
  • to send chain letters, pyramid schemes, or unauthorized mass mailings;
  • to send non-work or non-class related information to an individual who requests the information not be sent, or
  • to send commercial or personal advertisements, solicitations, or promotions.

Users should understand that, due to their nature, electronic communications can be intentionally or unintentionally viewed by others or forwarded to others, and are therefore inherently not private.  In addition, addressing errors, system malfunctions, and system management may result in communications being viewed and/or read by other individuals and/or system administrators.  IT provides assistance in the proper use of e-mail at http://it.MTU.edu.tr/email/index.html.

In electronic communications, users must state whether they are speaking for themselves or in an official capacity for the University. Electronic communications that represent the University sent to non MTU addresses must be done in a professional manner and comply with UAP 1010 (“University External Graphic Identification Standards”)

 

  1. Incidental Personal Use

 

The University allows incidental personal use of computing services. Such use must not interfere with an employee fulfilling his or her job responsibilities, consume significant time or resources, interfere with other users’ access to resources, be excessive as determined by management, or otherwise violate any governmental or state laws, any individual college or departmental policies or codes of conduct, or University policies. Each department should document and communicate what use is acceptable.

  1. Privacy Limitations

 

Users of University computing services, including managers, supervisors, and systems administrators shall respect and protect the privacy of others, in accordance with all applicable state and governmental laws, regulations and University policies. UAP 2520 (“Computer Security Controls”)  defines the limited conditions under which access to information and files can be obtained.   Although the University is committed to protecting individual and information privacy, the University cannot guarantee the security or privacy of correspondence and information stored and transmitted through University computer networks and systems.   Since confidential information is often stored on desktop machines, displayed on screens, or printed on paper that could be in public view, users need to control access by:

  • using passwords;
  • turning screens away from public view;
  • logging out of systems when leaving the work area;
  • shredding reports containing private information prior to disposal; and
  • clearing confidential information off desks in public areas.

While the University does not routinely monitor individual usage of its computing services, the normal operation and maintenance of the University’s computing services require the backup and storage of data and communications, the logging of activity, the monitoring of general usage patterns, and other such activities that are necessary for the rendering of services.  Similarly, the University does not, in the regular course of business, monitor the content of computing services on its various networks.   However, suspicious aggregate behaviour, official requests from authorities, forensic evaluation or discovery for purposes of civil litigation, or indications of a security incident, for example, can cause network activities or computing services to be reviewed.   It is the right of the University to monitor and review any activities on its resources.  It is best, therefore, to assume that any and all actions taken or activities performed using University computing services are not private.

The University may also access and examine the account (e.g. any and all computer accounts on any University computing resource, e-mail boxes, file shares, local or networked storage) of an individual user under the following circumstances and conditions:

  • if necessary to comply with governmental or state law, or
  • if there is reasonable suspicion that a law or University policy has been violated and the examination of the account is needed to investigate the apparent violation, or
  • as part of an investigation involving an administrative claim or charge, arbitration or litigation, or if required to preserve public health and safety.

Requests for access based on reasonable suspicion must be approved in writing, in advance, by the cognizant vice Rector.  If access to a faculty member’s account is being requested, the Rector of the Faculty Senate must be notified in conjunction with the request for approval.  Each request must specify the purpose of access and such access will be limited to information related to the purpose for which access was granted.  If such access is being requested by a vice Rector, access must be approved by the Rector.  If such access is being requested by the Rector, access must be approved by the MTU Board of Trustee.  The Trustee’ Internal Auditing Policy authorizes the University Audit Department full and unrestricted access to all University records, including but not limited to those contained in computer files, discs, and hard drives.

Accessing an employee’s computer files for work-related, non-investigatory purposes (i.e., to retrieve a file or document needed while the employee who maintains the file or document is away from the office) is permitted and does not require authorization by a vice Rector as long as access is limited to the work-related need.  When an employee separates from the University, work-related files, including but not limited to research data, as well as all records made or kept in any University electronic medium, remain the property of the University.

Communications and other documents made or kept by means of University computing services are generally subject to Applicable Northern Cyprus’s Inspection of Public Records Act to the same extent as they would be if made on paper.  Therefore, all employees are urged to use the same discretion and good judgment in creating electronic documents as they would use in creating written paper documents.

  1. Reporting Procedures

 

Suspected violations of this policy (e.g., any incidents involving the unauthorized access to, destruction of, or misuse of computing services by employees, faculty, or students) must be brought to the attention of the cognizant dean, director, or department head, and the University IT Security Office (Security@MTU.edu.tr).  In the case of a criminal violation, the IT Security Office will notify MTU Police Department.  Violations by non-employees will be referred to the appropriate authorities. The Office of University Counsel should be contacted if assistance is needed to identify the appropriate authority.

  1. Sanctions

 

The misuse, unauthorized access to, or destruction of University computing services in violation of applicable laws or University policy may result in sanctions, including but not limited to withdrawal of use privilege; disciplinary action up to and including expulsion from the University or discharge from a position; and legal prosecution.

 

 

– Policy 2520: Computer Security Controls and Access to Sensitive and Protected Information

Date Originally Issued: October 21, 2019

Authorized by Trustee’ Policy 3.1 “Responsibility of the Rector”

Process Owner:  Chief Information Officer

  1. General

 

The University provides computing services to the University community in accordance with UAP 2500 (“Acceptable Computer Use”)   which applies to all users of University computing systems.  This policy describes additional requirements and responsibilities applicable to faculty, staff, students, vendors and volunteers who are in IT-related positions or are in positions that have access to sensitive and protected information.  Due to the differing regulatory constraints imposed upon the MTU Health Sciences centre (HSC) and MTU Health System relative to privacy and security of health information both in the clinical and research areas, the MTU HSC and MTU Health System are excluded from application of this Policy and shall be covered by as restrictive or more restrictive IT: Administrative Polices   adopted by the MTU HSC and MTU Health System; provided that the provisions of Section 4 herein relating to remote access to the Enterprise Resource Planning (ERP) suite of tools shall apply to the MTU HSC and MTU Health System and HSC IT will promptly report any security violations to the University IT Security Office at security@mesarya.university

Management of University computing services must ensure the rights and responsibilities provided for in Policy 2500 while also ensuring system and data availability, reliability, and integrity. Therefore, all departments operating University owned computers, including those operated by faculty, staff, and students, must develop departmental security practices which comply with the security practices listed herein.  In addition, departments must have environment-specific management practices for business functions such as maintenance, change control procedures capacity planning, software licensing and copyright protection, training, documentation, power, and records management for computing systems under their control. This may be done by hiring a qualified employee, sharing resources with other departments, or contracting with MTU Information Technologies (IT).  IT is available to assist and advise departments in planning how they can carry out compliance with this and other computer technology-related policies. Departments must document and periodically review established practices.

Department heads or designees are responsible for computer security awareness and for ensuring reasonable protection of all departmental computing systems within their purview against breaches of security, through methods such as virus protection, firewalls, encryption, patch management, change control, and password usage. Department heads or designees should ensure users of their systems have the necessary training for appropriate use of the system. A portion of available resources is listed at IT: Training & Learning Resources   Prior to gaining access to MTU computers, all users must sign a Computer Use Access Agreement which is available on the IT Website.

 

  1. Access to Departmental Systems

 

Access to departmental computing systems must be authorized by the department head or designee. Access to University computing systems containing or transmitting sensitive and protected information must be authorized by the department head and approved by the University designated data custodian.  To ensure confidentiality, special attention should be taken when authorizing system access to vendors and/or contractors, including those repairing and/or maintaining computers and computing devices. When possible, it is advisable to have vendors and/or contractors sign a confidentiality agreement. Computer access control also includes physical security to MTU equipment and information, such as: locks on doors/windows for equipment and storage, locking paper files, and paper shredders. The department head or designee ensures proper management of computer accounts and user identification by:

  • handling system user authentication securely (e.g. passwords, PIN numbers, access codes);
  • terminating an account in a timely manner when an individual’s affiliation with the University is terminated or completed;
  • providing guidelines for computer account locking, unlocking and appeal (e.g. IT’s procedures are at IT: Account Locking and  Unlocking Policy;and
  • following established policies and procedures and legal due process when violations are detected or suspected.

 

  1. Network Access

 

IT provides guidelines, standards, and minimum requirements for attaching and detaching to MTU network resources and for accessing University computing systems remotely at http://it.mesarya.university/network/policy.html.

  1. Access to Computer Systems Containing Sensitive and Protected Information

 

An individual who requires access to sensitive and protected information  (i.e. ERP suite of tools, Power Park, etc.) must comply with UAP 2000 (“Responsibility and Accountability for University Information and Transactions) and must be authorized by the data custodian responsible for the specific application. All contractors and vendors who have access to sensitive or protected information are required to sign confidentiality agreements prior to gaining such access.  The data custodian is an individual officially appointed to authorize access to the system and ensure application-specific security. Authorization will only be granted to those individuals with a demonstrated need to use such information and/or electronic processes and who has taken the required training applicable to the system being requested.  The data custodian will advise the individual on the system specific process used to authorize and gain access to the requested system.  The data custodian or designee must review and approve each request for access to a specific system, ensure that all required training has been taken prior to granting access, and authorizes access based on the user’s business need and role in accordance with application-specific access procedures.  Contact IT for list of Data custodians.

 

 

4.1. Remote Access

 

For the purposes of this Policy, “remote access” is defined as any means by which any faculty, staff, student employee, consultant, vendor or affiliate connects to the MTU Network using a non-MTU network device or service to access sensitive or protected information.  This provision applies regardless of the type of device being used or if the device is University owned or personally owned. IT, department heads, designees and users share the responsibility for ensuring appropriate security mechanisms are in place to preserve the integrity of the network, to preserve the data transmitted over that network, and to maintain the level of confidentiality of the data at all times.  Because of the increased level of risk inherent with remote access, strong security measures are required.  When a user accesses sensitive or protected information remotely, identification and authentication of the user shall be performed in such a manner as to not disclose the password or other authentication information that could be intercepted and used by a third party.

 

4.1.1. Approval for Remote Access

 

Users will be allowed to access to sensitive or protected information from a remote location only upon approval by the data custodian.  Once approved, the user is responsible for ensuring adequate security measures are in place at the remote location for secure transmission of agency data and protection of University computing resources. Computing devices used for remote access must conform to minimum security controls listed in Section 6 of  Rules of Use: Campus Data Communication Network. IT can assist the user in identifying the appropriate protection mechanisms necessary to protect against theft of University resources, unauthorized disclosure of information, and unauthorized access the University network.  The user is responsible for ensuring devices used for remote access are protected by a firewall and virus scans, and contain all up-to-date security patches.

MTU recommends that users leave data on MTU servers as much as possible and not copy sensitive data, as described in Section 4.1.2. herein, onto any mobile computing device.  Storage of sensitive data and protected information on a non MTU computer is prohibited unless a formal written exemption is granted by the data custodian. When stored remotely on a MTU computing device the data must be encrypted.

 

4.1.2. Sensitive Data

Users should be especially careful with the following types of data:

  • confidential financial information
  • account names and passwords
  • identity card and/or credit card numbers
  • personal contact names and phone numbers
  • decryption keys or pass-phrases

 

  1. System Protection

Department heads are responsible for protecting the systems under their control from system intrusion, compromise, or data loss.

5.1. Virus Protection

 

Virus detection and elimination software is essential to protect University data and systems. Department heads, or designees are responsible for maintaining the latest version of antiviral software and current updates on their computers. Systems must have active virus protection turned on with each system scanned regularly. Assistance with virus protection and software are available from IT at IT: Virus Protection.

 

5.2. Privacy and Confidentiality

 

Department heads, or designees must take appropriate measures to ensure privacy and confidentiality of system data in accordance with applicable laws and policies such as:

UAP 2030 (“Identity card Numbers”)

UAP 2040 (“Identify Theft Protection Program”)

UAP 2550 (“Information Security”)

MTU Student Records Policy

Family Educational Rights and Privacy Act of TRNC

Department of Health and Human Services (Health Information Privacy)

Applicable Northern Cyprus Inspection of Public Records Act

 

5.3. System Integrity

 

Department heads, or designees may monitor and investigate systems or jobs under their control for appropriate use of resources, to protect or improve system performance, or in compliance with audit or legal requests. Jobs, procedures, and/or functions may be restricted or limited to ensure system integrity. Departments must maintain current versions of system software and security patches, especially when there are known security issues.

5.4. Data Loss Protection

 

For all computing systems that store or process sensitive or protected information department heads or designees are responsible for developing, maintaining and executing backup, off-site storage and disaster recovery procedures for computerized University information.

5.5. Records Management

 

Department heads, or designees are responsible for computerized data retention and backup procedures that comply with University Records Management requirements for classification and retention of University information.

  1. Security Violation Handling

Department heads, or designees should detect and correct any non-compliance with this and other University computer policies. In addition to following any College or department-mandated security incident reporting process, any and all employees, faculty, or staff who reasonably believe:

  • there has been a breach to any University computer application or system,
  • there has been a breach to MTU’s computer security controls (i.e. a computer has been hacked or somehow has been compromised by an unauthorized person), or
  • there has been a violation of this Policy

are required to report the incident, within twenty-four (24) hours of becoming aware of the violation or breach, to the MTU Chief Information Officer (CIO) or the MTU IT Security Office.  If the CIO or the MTU IT Security Office receives a security incident report that involves healthcare-related entity or may involve protected health information, they must notify the MTU Privacy Office and the HSC IT Security Office as soon as reasonably possible.

All investigations should follow proper investigative procedures to ensure confidentiality and due process. Any employee who detects or suspects non-compliance should report such conduct to the department head. Misconduct should be reported in accordance with  UAP 2200 (“Whistle blower Protection and Reporting Suspected Misconduct and Retaliation”

 

  1. User Responsibility and Accountability

 

Users are responsible for proper use and protection of University information and are prohibited from sharing information with unauthorized individuals. The web-based information systems allow an authorized user the ability to complete transactions directly on-line and forward the forms to the appropriate administrators for approval. By completing a form on-line, the user accepts responsibility to follow all applicable policies and procedures.

  1. Sanctions

 

Employees who do not demonstrate due care in the administration of their duties as required by this Policy may be subject to sanctions, including withdrawal of privilege to enter information directly into the system; and/or disciplinary action, up to and including, discharge.

 

– Policy 2540: Student Email

Date Originally Issued: October 21, 2019.

Authorized by RPM 3.1 (“Responsibilities of the Rector”)

Process Owner: Chief Information Officer

  1. General

 

There is an increasing need for fast and efficient communication with currently enrolled students in order to conduct official business at the University.  Each student has free access to a University network ID (NetID) and email account for use throughout the time the student is registered for classes.  Accordingly, email is an available mechanism for formal communication by the University with students but is not the only official method of communication.  Upon admission, students are required to obtain a MTU NetID and corresponding email account.  The MTU email shall be considered an appropriate delivery method for official communication by the Mesarya Technical University with students unless otherwise prohibited by law.  Official communication includes, but is not limited to, academic deadline notifications, billing statements, and campus alerts. The University reserves the right to send official communications to students by email with the full expectation that students will receive email and read these emails in a timely fashion.  Faculty will determine how to use electronic communication for instructional purposes, and specify their requirements in the course syllabus, which students must comply with.

 

  1. Student Responsibilities

 

Students are responsible for:

  • checking their email frequently (at a minimum of once per week) in order to stay current with University-related communications;
  • ensuring there is sufficient space in their accounts for email to be delivered; and
  • recognizing that certain communications may be time-imperative.

Students will not be held responsible for a substantial interruption in their ability to access a message if system malfunctions or other system-related problems prevent timely delivery of, or access to, that message (e.g. power outages or email system viruses).   Students should check their email frequently to prevent problems caused by a brief system failure.

Students who choose to have their email forwarded to a private (unofficial) email address outside the official University net ID/email address (@mesarya.university) and/or (@MTU.edu.tr) do so at their own risk.  The University is not responsible for any difficulties that may occur with privacy or security, in the proper or timely transmission, or in accessing email forwarded to any unofficial email address.  Such problems will not absolve students of their responsibility to know and comply with the content of official communications sent to students’ official MTU email addresses.  Failure to check email frequently or email returned to the University with “mailbox full” or “user unknown” is not considered acceptable excuses for failing to know about and comply with official email communication.

Students should report problems with University email or access to ITS at +90 (392) 2276217 or http://fastinfo.MTU.edu.tr.

 

  1. Related Policies 

 

  • Student Records Policy” which can be found in the Student Handbook: Student Handbook
  • UAP 2310 (“Academic Adjustments for Students with Disabilities”)
  • UAP 2500 (“Acceptable Computer Use”)
  • UAP 2520 (“Computer Security Controls andGuidelines”)

 

 

 

 

– Policy 2550: Information Security

Date Originally Issued: October 21, 2019.

Authorized by RPM 3.1 (“Responsibilities of the Rector”)

Process Owner: Chief Information Officer

  1. General

 

The University is committed to protecting and safeguarding all data and information that it creates, collects, generates, stores, and/or shares during the generation and transmission of knowledge as well as during the general operation and administration of the University.  The University is also committed to complying with all Northern Cyprus (TRNC) governmental and international laws pertaining to securing this data and information and preventing its disclosure to unauthorized individuals.  This policy describes the basic components of the MTU Information Security Program which applies to employees (student, staff, and faculty), contractors, vendors, volunteers, and all other individuals who work with MTU data and information.

In accordance with Applicable Northern Cyprus (TRNC) law, some employee information is considered public information; however, such information must still be protected from inadvertent destruction or unauthorized changes.  Refer to UAP 3710 (“Personal Information Disclosure Policy”) for additional information.

 

  1. MTU Information Security Program

 

The MTU Information Security Program is designed to protect the confidentiality, integrity, and availability of protected information; protect against anticipated threats or hazards to the security or integrity of such information; and protect against unauthorized access to or use of protected information that could result in substantial harm to any student, parent, employee, or customer of the University.  This program includes the process for identification of risks and defines responsibilities for safeguarding information, monitoring the effectiveness of the safeguards, evaluating service providers, and updating the program itself. The MTU Information Security Program is published on the Office of Chief Information Officer (CIO) website.

 

2.1. Protected Information

The Northern Cyprus (TRNC) laws and regulations mandates that the MTU Information Security Program be designed to safeguard non-public, personally identifiable financial information

  • that is provided to the University,
  • results from any transaction with the consumer or any service performed for the consumer (i.e. students, faculty, staff, employees, associates, donors, patients), or
  • is otherwise obtained by the University.

The MTU Information Security Program defines what specific data elements and information (and in what context) constitute to-be-protected non-public, personally identifiable financial information, which includes but is not limited to:

  • identity card numbers,
  • credit card number, and
  • bank routing and account numbers when used in conjunction with the account owner’s name.

 

2.2. Information Security Plan Coordinator

The University Chief Information Officer is designated as the Information Security Program Coordinator, a specific role required by the Northern Cyprus (TRNC) laws and regulations.  This position is responsible for:

  • developing and implementing the MTU Information Security Program;
  • identification of risks to confidentiality, integrity, and availability of protected information;
  • designing and implementing appropriate safeguards;
  • evaluating the security program; and
  • making adjustments to reflect relevant developments or circumstances that may materially affect these safeguards, including changes in operations or the results of security testing and monitoring.

 

 

2.3. Funding of Information Assurance Measures

The Chief Information Officer or designee will work with data owners, deans, directors, and heads of departments that have access to protected information to identify funding sources, opportunities for economies of scale, and creative means to safeguard MTU data; however, the Chief Information Officer is not fully responsible for the funding of appropriate safeguards—it is a University-wide effort that will only be realized through shared governance, shared responsibility, and common goals.

2.4. Risk Assessment

The MTU Information Security Program will include processes and procedures to assess the risk to the University’s information systems.  Information systems include the hardware and software components of the computing infrastructure as well as individual personal computers, personal digital assistants, phones, servers, networks, and peripheral technologies used for the processing, storage, transmission, retrieval, and disposal of information.  Risks to the University’s information systems extend beyond computer-related hardware and software to include, for example, hiring procedures; data handling procedures; individuals who have access to information systems and the data therein; and the buildings and equipment that contain any aspect of an information system including the transmission of protected information.

2.5. Employee Management and Training

The success of the Information Security Program depends largely on the employees who implement it.  The Chief Information Officer or designee will coordinate with deans, directors, and heads of departments that have access to protected information to evaluate the effectiveness of departmental  procedures and practices relating to access to and use of protected information.  The MTU Information Security Program details recommended administrative safeguards designed to train personnel, increase awareness, and reduce risks to the confidentiality, integrity, and availability of protected information such as:

  • mandatory information assurance training;
  • periodic audits to ensure individuals have only the appropriate level of information system access rights and permissions required to perform their jobs;
  • periodic reviews of job descriptions and position requirements to ensure the appropriate levels of reference and background checks are conducted before hiring decisions are made;
  • non-disclosure and confidentiality statements required when appropriate; and
  • periodic evaluations of each individual’s understanding of college and/or departmental data handling procedures.

 

2.6. Departmental Responsibilities

Deans, directors, and heads of departments that have access to protected information are responsible for informing employees of on-going updates to security measures, ensuring employees have attended required information security training, and notifying departmental computer system administrators and Information Technology Services (ITS) when employees no longer require access due to reassignment or termination.

2.7. University-Wide Responsibilities

 

All breaches of information security must be reported immediately to security@MTU.edu.tr.

 

 

  1. Compliance by Service Providers

Service providers and/or contractors who provide services that may allow them to access protected information must comply with the Northern Cyprus (TRNC) laws and regulations safeguard requirements, the University’s Information Security Program, and applicable University policies listed in Section 6 herein.  The University Purchasing Department is responsible for reviewing prospective service providers and/or contractors to ensure they have and will maintain appropriate safeguards for protected information.

 

  1. Monitoring and Testing

The Chief Information Officer or designee will regularly monitor the MTU Information Security Program and periodically test the required and recommended safeguards.  Based on these assessments, the Chief Information Officer or designee will work with all appropriate individuals to implement, correct, design, or improve safeguards.

The University Internal Audit Department will include as part of its routine audit procedures a review for compliance with the MTU Information Security Program.  This review will include an evaluation of the effectiveness of controls, systems, and procedures.  Any findings, discrepancies, and/or violations will be reported to the Chief Information Officer or designee who will investigate the problem and work with all appropriate individuals to develop a remedy.

  1. Evaluation and Adjustment

The Chief Information Officer or designee is responsible for adjusting the MTU Information Security Program to ensure that the required and recommended administrative, physical, and technical safeguards are appropriate to the University’s size and complexity, the nature and scope of its activities, and the sensitivity of the data and information the University handles.

  1. Related Policies and/or Information

 

UAP 2000 (“Responsibility and Accountability for University Information and Transactions”)

UAP 2030 (“Identity card Numbers”)

UAP 2500 (“Acceptable Computer Use”)

UAP 2520 (“Computer Security Controls and Guidelines”)

UAP 2560 (“Information Technology (IT) Governance”)

UAP 3710 (“Personal Information Disclosure Policy”)

“Student Records Policy” published in the Student Handbook

 

 

 

 

– Policy 2560: Information Technology (IT) Governance

Date Originally Issued: October 21, 2019

Process Owner: Chief Information Officer

  1. General

 

It is critical that the University’s information technology (IT) resources, applications, and manpower be managed in a manner that enables the University to apply new technologies and adopt new processes effectively while enhancing and encouraging the innovation required for the University to excel in all aspects of its mission.  To accomplish this goal, the following IT governance framework has been developed based on a collaborative model that includes formal input, review, and approval processes for decision making.  This policy describes this framework and defines the roles and responsibilities of individuals and groups involved with IT governance to ensure effective input and decision-making pertaining to IT policies, standards, guidelines, processes, and procedures.

1.1. Information Technology Governed by this Policy

The term IT is applicable to a wide array of technology systems used at MTU, and for the purposes of this policy includes but is not limited to:

  • Telecommunications and facilities infrastructure (e.g. voice and data networks and supporting cable plant).
  • Computing (e.g. servers and development environments for productivity and high performance computing).
  • Enterprise-wide applications and user services (e.g. Banner).
  • Instructional technology (e.g. classroom media systems and services, distance learning).
  • Video (e.g. CATV, video applications on the network, security video).
  • Peripheral technologies (e.g. printing and scanning).

 

  1. Roles and Responsibilities

 

Roles and responsibilities for the individuals and groups involved with IT Governance at MTU are described in the following sections.

2.1. MTU IT Governance Council

The IT Governance Council provides direction on IT issues, reviews, and approves the University’s IT Strategic Plan, and provides a conduit for communicating IT issues throughout the University.  The IT Governance Council consists of representatives from MTU’s executive administration appointed by the University Rector.

2.2. MTU Chief Information Officer (CIO)

The CIO provides leadership and direction for the University’s shared information systems to include institution-wide strategic planning and budgeting for information technologies.  The CIO also oversees coordination of all IT-related functions across the University.

2.3. MTU IT Cabinet

The IT Cabinet advises and collaborates with the CIO on IT strategic planning, communication, investments, policies, standards, guidelines, processes, procedures, priorities, services, and resources.  IT Cabinet members are appointed by the CIO and include representatives from IT service providers and key IT users (e.g. representatives from the Faculty Senate, ASMTU, and GPSA).

2.4. IT Managers Council

The IT Managers Council supports the development of University-wide IT policies and standards and the effective execution of collaborative, University-wide IT plans and projects.  The IT Managers Council assures effective communications across enterprise-level IT organizations and works with IT agents to ensure alignment of departmental IT operations.  Council members are appointed by the CIO and include senior managers in IT service provider organizations (e.g. ITS and High Performance Computing).

2.5. IT Agent Networking Group

The IT Agent Networking Group provides support for IT agents, facilitates cross-unit communication and collaboration, and assures Level 3 representation in IT governance.  IT Agent Networking Group members are appointed by the CIO and include IT agents from level 3 organizations as defined by Banner Finance (e.g. school or college level) who serve as the main point of contact with IT service provider organizations (e.g. ITS and High Performance Computing).

  1. Overview of IT Policies, Standards, Guidelines, Processes, and Procedures 

Policies, standards, guidelines, processes and procedures take a tiered approach to defining IT principles and providing IT-related direction to the University.  The table below defines the differing levels of scope, authority, and compliance requirements for each category.

Scope Approval Communication Compliance
IT Policies University-wide, high-level
policy
MTU Rector All faculty and staff and
students where applicable
Violation would result in
discharge or dismissal
IT Standards University-wide or limited
to a IT function-technically
specific
MTU CIO All affected faculty, staff,
and students
Violation would result in
system damage, loss of
IT privileges, and/or
disciplinary action.
IT Guidelines University-wide or limited
to a IT function-technically
specific
MTU CIO All affected faculty, staff,
and students
Violation could
negatively impact
performance
It Processes &
Procedures 
Associated with an IT
application or process-
technically specific
Project Approval Departmental faculty or
staff responsible for IT
application or process
Violation could result in
incorrect results or
outcomes

 

  1. MTU IT Policies

 

MTU IT policies are designed to provide the University community with unifying statements that describe fundamental IT principles, the reasoning behind the principles, and institutional procedures necessary for implementation.  They help ensure compliance with applicable laws and regulations, enhance the University’s mission, promote operational efficiencies, and/or reduce institutional risk.  Due to regulatory and other requirements the Health Sciences centre (HSC) may have supplementing HSC IT policies that are overseen by the Associate ViceRector for Knowledge Management & Information Technology, with review from the Knowledge Management and Information Technology program committees and other relevant authoritative bodies.

4.1. Development

The development of effective policy statements requires both input from individuals who have extensive knowledge on the subject matter and input from individuals affected by the policy.  Anyone wishing to propose an IT policy statement should send their request to the MTU IT Cabinet. If the Cabinet determines a need for a specific policy, it will assign individuals most closely involved with the subject matter to work with the MTU Policy Office to develop a preliminary draft.  The preliminary draft will be reviewed by the IT Managers Council and then sent to the IT Agents Networking Group for comment.  The Networking Group will forward their comments to the IT Managers Council for consideration. After the Council’s review, the proposed policy is sent to the IT Cabinet and the IT Governance Council for endorsement.  After endorsement, the MTU Policy Office will follow standard MTU protocol for approval of institutional policy.  This protocol includes review by key areas selected based on the nature of the proposed policy, Deans Council, the Rector’s Executive Cabinet, and the campus as a whole.

4.2. Approval and Communication

All MTU IT policies must be approved by the Rector in writing before distribution.  Upon approval by the Rector, the policy is placed on the MTU Policy Website (www.MTU.edu.tr/~ubppm) and the campus is notified of the new policy via email.  Information concerning the policy will also be posted on the CIO website.

 

4.3. Compliance

MTU IT policies contain governing principles that mandate or constrain actions and have University-wide application.  The policy will state applicability to students, staff, faculty, and/or visitors and compliance is mandatory.  If exceptions are allowed, the authority and procedure for requesting an exception will be delineated in the policy.  Individuals who fail to comply with University policy will be subject to disciplinary action up to and including discharge or dismissal from the University.  Violations of IT policies should be reported to the Office of the CIO.

4.4. Review and Revision

IT policies will be reviewed by the IT Cabinet periodically to ensure policies are up-to-date and meeting the needs of the University.  The development and approval requirements discussed in Sections 4.1 and 4.2 herein also apply to revisions of existing policy.

 

5.IT Standards

 

MTU IT standards are based on industry best practices designed to ensure that IT resources are effectively managed in support of the University’s mission of education, research, and public service.  IT standards define procedures, processes, and practices designed to provide an efficient, effective IT system; protect confidential information; minimize security risks; ensure compliance with governmental and state laws and regulations, and facilitate an open, interoperable, accessible IT infrastructure that meets the needs of students, faculty, staff, and the University community.

5.1. Development

To ensure that IT standards effectively support the mission of the University and meet the needs of the University community, development of IT standards requires a broad base of participation and involvement of subject matter experts.  Draft standards will be developed by the IT Managers Council and then sent to the IT Agents Networking Group for review and comment.  The Networking Group will forward their comments to the IT Managers Council for consideration. The Council will publish the proposed standard on the CIO website and solicit comments from the campus.  The IT Managers Council will update the standard based on campus comment and submit it to the IT Cabinet for review.

5.2. Approval and Communication

IT standards must be approved by the CIO in writing prior to distribution.  Upon approval, ITS will notify all individuals impacted by the standard prior to its effective date and post the standard on the CIO website.  When a new IT standard is issued, the standard will indicate the timeframe for compliance, based on but not limited to, criticality, funding limitations, and/or equipment replacement cycles.  IT standards specific the Health Sciences centre (HSC) are managed by the Associate ViceRector for Knowledge Management & Information Technology and are published on the HSC website.

5.3. Compliance

The type of technology addressed in the standard will determine the groups or individuals required to comply with the standard.  Some standards such as password standards will apply to all users, whereas others may apply only to system administrators. Each standard will define those individuals who are required to comply with the standard.  Failure to comply with a standard may damage a system, risk security, result in loss of IT privileges, and/or disciplinary action.  To request an exception to an IT standard, submit a written justification to the CIO.  For exceptions to HSC-specific IT standards, submit the justification to the Associate ViceRector for Knowledge Management & Information Technology.  Violations of IT standards should be reported to the Office of the CIO.

5.4. Review and Revision

IT standards will be reviewed by the IT Managers Council periodically to ensure standards are up-to-date and meet the needs of the University.  The development and approval requirements discussed in Sections 5.1 and 5.2 herein also apply to revisions of existing IT standards.

 

  1. IT Guidelines

 

IT guidelines are directives and specifications, similar to standards, but advisory in nature. In essence, IT guidelines constitute recommendations that are not binding; however, it should be noted that failure to comply with IT guidelines may result in damage to a system and/or inefficient processes.

6.1. Development

IT guidelines are developed by IT personnel in consultation with applicable users and based on industry practices.

6.2. Approval and Communication

IT guidelines must be approved by the CIO in writing.  Upon approval, the CIO’s Office will notify all individuals impacted by the guidelines and post the guidelines on the CIO website.  IT guidelines specific to HSC are managed by the Associate ViceRector for Knowledge Management & Information Technology and are published on the HSC website.

6.3. Compliance

IT guidelines are not mandatory, but failure to follow applicable IT guidelines may result in less effective system performance and may negatively impact an individual’s job or academic performance.

 

6.4. Review and Revision

IT guidelines will be reviewed by the IT Managers Council periodically to ensure guidelines are up-to-date and meet the needs of the University.  The development and approval requirements discussed in Sections 5.1 and 5.2 herein also apply to revisions of existing IT guidelines.

 

  1. IT Processes and Procedures

 

IT processes and procedures provide electronic and manual mechanisms for IT-related functions or job duties.

7.1. Development

IT processes and procedures are developed by IT personnel in conjunction with applicable administrative personnel and are generally developed at the departmental and unit levels.

7.2 Approval and Communication

IT processes and procedures are usually designed in the course of application development and are approved as part of the overall project approval.  These processes and procedures are documented in accordance with industry standards and communicated in conjunction with the associated project.

7.3. Compliance

Compliance with IT processes and procedures is critical to the correct functioning of the selected application.  Any problems or issues associated with an IT process or procedure should be reported to Tech.support@mesarya.education

 

7.4. Review and Revision

IT processes and procedures are reviewed periodically for applicability and accuracy and updated as required in accordance with the associated application approval protocols.

  1. Departmental IT Policies, Standards, Guidelines, Processes, and Procedures

 

Faculties and departments may establish additional departmental IT policies, standards, guidelines, and processes provided they comply with University IT policies, standards, guidelines, and processes and are documented and communicated to departmental employees.

  1. Related Policies 

 

UAP 2500 (“Acceptable Computer Use”)

UAP 2520 (“Computer Security Controls and Access to Sensitive and Protected Information”)

 

 

 

 

 

 

 

 

 

– Policy 2570: Official University Webpages

Date Originally Issued: October 21, 2019

Process Owner: Chief University Communication and Marketing Officer

  1. General

 

The University’s presence on the Web is an essential tool for fulfilling its mission of teaching, research, and service.  Administrative and academic units, faculty, staff, and students are encouraged to take full advantage of Web technology as a medium for providing access to official information and fostering the free exchange of ideas.

Due to the diverse purposes and constituencies served by University websites, as much freedom as possible should be granted to those creating and maintaining websites.  However, the contents of official University webpages on University servers, or on other servers funded by University budgets, must comply with local, international, and governmental laws and with University policies. As the reputation and image of the University is determined, in part, by the quality of the information published on its websites, the information should be accurate, accessible, and consistent.

Though “websites” are a collection of “webpages,” for the purpose of this policy these two distinct terms are used interchangeably.

  1. Applicability

 

2.1. Official University Webpages

The requirements of this policy apply to all of the University’s official webpages, which are public-facing pages written in hypertext mark-up language (HTML).  Official webpages generally reside on the University’s servers, but in some instances may reside on non-University servers.

Staff, faculty, students, and contractors authorized to develop official webpages for any administrative or academic unit of the University, including webpages of the Health Sciences centre and branch campuses, should comply with the requirements of this policy.

2.2. Unofficial University Webpages

Unofficial webpages residing on the University’s servers are outside the scope of this policy.  Examples of unofficial webpages include:

  • personal webpages of staff, faculty, and students
  • webpages for consortia, professional journals, or internal University use
  • instructional webpages and Web applications, such as OwlMailMyMTUBlackboard Learn, and Starfish
  • webpages of student organizations

 

  1. Web Content Management System

 

In order to help administrative and academic units comply with this policy, the University has obtained a site license for a Web Content Management System (WCMS), a free tool for use by the University community. Use of the WCMS simplifies the creation, maintenance, and control of Web content.  It allows administrative and academic units to create their own webpages without reliance on outside consultants for assistance, and without acquiring programming skills or dedicated software. Use of the WCMS is not required.

 

  1. Requirements of the Web Standards

 

To help promote accurate content and an accessible and consistent experience, the University has developed a set of Web Standards for official University websites. Though the Web Standards are primarily guidelines, the Standards do contain several required elements.  Administrative and academic units are expected to come into compliance with the requirements within three (3) years of the effective date of this policy, or at the time that they are developing a new website or refreshing an existing one. The required elements of the Web Standards are described below in Sections 4.1 through 4.3.

 

4.1. Logo, References, and Contact Information

An approve MTU logo must appear at the top of every official University webpage. The words “The Mesarya Technical University” must appear in the HTML title tag and on the website’s homepage.  A link back to the MTU homepage must be included on the pages of the site. A link to contact information for the department must appear on the home page, including an email address, phone number, and mailing address.

 

4.2. Accessibility

All websites are required to make reasonable efforts to comply with the standards for accessibility in Applicable Northern Cyprus (TRNC) laws and regulations. Information about these standards can be found at: http://webmaster.MTU.edu.tr/web-policy/web- standards/accessibility.html.

4.3. Domain Names

All administrative and academic websites on the University’s servers should use MTU.edu.tr  and/or MESARYA.edu.tr domain names in the form of xxxx.MTU.edu.tr or xxxx.yyyy.MTU.edu.tr.  or xxxx.MESARYA.edu.tr or  xxxx.yyyy.MESARYA.edu.tr.  . Domain names should accurately reflect the department, program, or activities to which they refer.

 

4.3.1. Exceptions

Administrative and academic units wishing to use a non-MTU.edu.tr  or non- MESARYA.edu.tr domain name should seek permission from the Web Advisory Committee through the exception process discussed in Section 7.

 

  1. Web Governance

 

5.1. Web Advisory Committee

The Web Advisory Committee (WAC) works to improve communication and cooperation among the various University entities charged with Web-related responsibilities. With broad representation from several units of the University, the WAC is charged with:

  • maintaining the integrity of the University’s websites
  • creating and recommending policies pertaining to the University’s presence on the Web
  • overseeing compliance with and reviewing requests for exceptions to the required elements of the Web Standards

 

5.2. Manager of University Web Communications

The Manager of University Web Communications and the associated team:

  • help to implement the WAC’s decisions
  • provide guidance and support for policy and standard implementation
  • assist campus entities in interpreting and adhering to standards

 

5.3. Chief University Marketing & Communication Officer

The Chief University Marketing & Communication Officer or designee:

  • establishes identity standards for the University’s websites
  • advises the WAC on marketing issues related to the University’s websites

 

5.4. Office of the Chief Information Officer

The Chief Information Officer or designee:

  • advises the WAC on the tools and infrastructure appropriate to support the University’s Web efforts and may also provide that infrastructure
  • advises the WAC on security and confidentiality issues related to Web content

 

  1. Compliance with MTU Web Standards

 

Consistent with Section 4 of this policy, the WAC is authorized to require that administrative and academic units bring websites under their control into compliance with the required elements of the Web Standards. Continued failure to comply with the required elements of the Web Standards shall be reported to the cognizant Vice Rector or Dean. Serious breaches involving security and legal issues may result in an immediate shutdown of a noncompliant site.

Administrative and academic units may have Web policies and standards specific to their websites that are more restrictive than the University’s Web Standards.

  1. Exceptions

 

The University understands that in some cases a technical or business need may arise that does not fit into the defined policies and standards. With this in mind a process exists for cases where an administrative or academic unit wishes to request an exception. The WAC considers all requests for exceptions, which should be submitted on a Web Policy Standard Exception Request Form.  

Exception requests can be submitted via email to webadv@MTU.edu.tr.  Requests received by the first Friday of the month will be placed on the agenda for that month’s meeting.  A representative of the unit may attend the meeting to discuss the exception.

Exception requests must include the following:

  • the specific section of the Web Standards for which an exception is requested
  • a business or technical reason for needing the exception
  • approval by the appropriate Dean or Director

 

 

 

  1. References

UAP 1010 (“University External Graphic Identification Standards”) UAP 2500 (“Acceptable Computer Use”) UAP 2520 (“Computer Security Controls and Access to Sensitive and Protected Information UAP 2550 (“Information Security”)

 

 

– Policy 2580: Data Governance

Date Originally Issued: October 21, 2019.

Authorized by RPM 3.1 (“Responsibilities of the Rector”)

Process Owners: University Rector; Provost/Executive Vice Rector for Academic Affairs; Executive Vice Rector for Administration

  1. General

 

The University’s enterprise computer systems house vast amounts of data related to finances, students, staff, faculty, and sponsored research.   The data in these systems, such as Banner, are valuable institutional assets that support the University’s central missions of teaching, research, and service.  Additionally, these data play an increasing role in developing and implementing the University’s strategic goals. To facilitate effective decision making, University data must be accessible, accurate, secure, and easily integrated across the University’s enterprise systems.  This policy authorizes a framework for ensuring that University data meet these criteria.  For the purposes of this policy, data housed in and retrieved from the University’s enterprise systems are referred to as “University data.”

Additional information about MTU data governance can be found at date.MTU.edu.tr.

 

  1. Policy Scope

 

2.2. Data Governed by This Policy

The scope of this policy is limited to University data, the data housed in and retrieved from the University’s enterprise systems.  University data may be used in University operations, institutional decision making, required reporting, official administrative reports, or may be shared with third parties.

2.3. Data Not Governed by This Policy

The following types of data are excluded from the scope of this policy:

  • Data in systems managed by the Health Sciences centre, which has its own data governance structure, chief information officer, and information technology security infrastructure.
  • Data provided to MTU by external entities for research and other purposes, which are governed by the terms of the applicable data-sharing agreements.
  • Data that are created by individual employees or departments, for which supplemental information technology systems are created and managed by departments.  These systems require the assigned data custodians to ensure compliance with relevant policies and Information Technology Standards (see Section 7).

 

  1. Roles and Responsibilities

 

The governance of University data is guided by the Data Governance Committee, which operates under the authority of the Rector.  Successful governance of University data requires the collaboration and contributions of individuals in various roles, including data owners, data custodians, data stewards, and data users.  These roles and responsibilities are described below.

3.1. Data Owners

Data owners are appointed by the Rector, the Provost and Executive ViceRector for Academic Affairs, and the Executive Vice Rector for Administration.  They are typically senior administrators who have authority to determine business definitions of data, grant access to data, and approve the secure usage of those data, for the functional units within their delegations of authority.  By understanding the information needs of the University, data owners are able to anticipate how University data can be used strategically to meet the University’s mission and goals.

Data owners have ultimate authority and responsibility for the access, accuracy, classification, and security of the data within their delegations of authority.  Each owner appoints data stewards for specific subject area domains.

3.2. Data Stewards

Data stewards are appointed by data owners, and are University officials who have direct operational-level authority and responsibility for the management of one or more types of University data.  Data stewards authorize and monitor the secure use of data within their functional areas to ensure appropriate access, accuracy, classification, and security.  The current list of data stewards is available at date.MTU.Edu.tr.

 

3.2.1. Reporting 

Data stewards shall maintain a log of completed requests for University data classified as confidential or higher.  Logs will be provided to the appropriate data owner at the close of each fiscal year, and should include the date, name, title, and department of requestor, data requested, and business purpose of the request.  Data stewards shall maintain copies of logs for a minimum of three years, and will be made available to the Data Governance Committee or individual committee members upon request.

Data stewards shall, at the close of each fiscal year, provide the Data Governance Committee with reports regarding the management, protection, and effectiveness of efforts to ensure the integrity and usefulness of University data.  The contents of the reports should include how data are being used, data quality issues, data classification, and possible compliance concerns.

3.3. Data Custodians

Data custodians are responsible for the operation and management of technology, systems, and servers that collect, store, process, manage, and provide access to University data.  Data custodians typically are associated with technical functions of the University, but may also include systems administrators within academic and administrative units.  Information Technologies is the official data custodian for data in the University’s enterprise systems.  In those cases where University data are stored or maintained on departmental systems, the department shall appoint a data custodian who is responsible for ensuring compliance with this policy, as well as other relevant policies and Information Technology Standards.

3.4. Data Users 

Data users are authorized individuals who have been granted access to University data in order to perform assigned duties or functions within the University.  When individuals become data users, they assume responsibility for the appropriate use, management, and application of security standards for the data they are authorized to use.  As such, data users must work with data stewards and data custodians to ensure that they understand applicable contractual and regulatory requirements and University policies and standards.  Any use of University data beyond the initial scope requires approval by the appropriate data steward.

3.5. Data Governance Committee 

Under the authority of the Rector, the Data Governance Committee has responsibility for the strategic guidance of data governance at MTU.  The Committee advises the Rector, Provost and Executive ViceRector for Academic Affairs and Executive Vice Rector for Administration on the use of University data.  It will work to resolve conflicts and remove barriers related to the development, access, use, collection, or reporting of University data.  It may issue guidelines or procedures to facilitate improved access, use, integrity, and usefulness of University data.  Data owners may, at their discretion, ask the Data Governance Committee to evaluate data uses that span multiple ownership domains or involve atypical usage arrangements.

It is the responsibility of the Data Governance Committee to communicate with and reach out to relevant University committees and stakeholders concerning issues of data accessibility, accuracy, and security.

3.5.1. Committee Membership

The Data Governance Committee is appointed by the Rector and includes data owners from key administrative units of the University.  The Chief Information Officer, the University Information Security and Privacy Officer, and the Director of Institutional Analytics shall also be members of the Committee.  A representative from the Health Sciences centre will serve as an ex officio member of the committee.  The Committee may, at its discretion, decide to add ex officio or advisory members.  Voting members of the Committee may be added only with the approval of the Rector.

  1. Collaborative Data Governance

 

The University shall maintain and publish a list of the designated data owners, data stewards, and data classifications for University data in the enterprise systems.  As articulated in this policy, specific operational responsibilities are delegated to individual data owners, stewards, custodians, and users.

It is the responsibility of data stewards to understand the institution’s business needs and facilitate appropriate access to the required University data.  Should the data steward have questions regarding the legitimacy of a data request or business need, the data steward shall validate the need with the data owner.  Data stewards and data custodians will also coordinate with the campus Information Security and Privacy Officer to ensure that adequate security controls are identified, implemented, and functioning as designed and intended.

Data stewards, in consultation with the appropriate data custodians, shall publish processes for requesting and monitoring access to University data and periodically audit access to data.  As it is being used in this context, “access to data” refers to both access to the University’s enterprise systems, as well as access to University data provided to users through data requests made of data owners, data stewards, or data custodians.

  1. Classification and Use

 

All University data must be assessed and classified according to its business or economic value to the University and its security and confidentiality requirements.  Once data are classified, the classification determines the appropriate administrative, physical, and technical safeguards and controls.  Data owners are responsible for overseeing the classification of data within their functional areas.  Data owners, in collaboration with the Information Security and Privacy Officer, data stewards, and data custodians, are responsible for ensuring that appropriate and effective safeguards are applied to those data.  For additional information on data classification, refer to http://data.MTU.edu.tr/data-classification.html.

  1. Sensitive and Protected Information

 

Nothing in this policy is intended to authorize inappropriate or unlawful access to sensitive and protected data or other information to which access is restricted under Northern Cyprus (TRNC) law, as referenced in such policies as UAP 2520 (“Computer Security Controls and Access to Sensitive and Protected Information”) and UAP 2550 (“Information Security)

 

  1. Related Policies and Guidelines

 

UAP 2500 (“Acceptable Computer Use”)

UAP 2520 (“Computer Security Controls and Access to Sensitive and Protected Information”)

UAP 2550 (“Information Security”)

UAP 2560 (“Information Technology Governance”)

Information Technology Standard for MTU Data Classification

MTU Sensitive Information Stewardship and Confidentiality Statement

 

 

 

– Policy 2610: Time and Leave Reporting

Date Originally Issued: October 21, 2019

Authorized by RPM 6.3 (“Privileges and benefits”)

Process Owner: University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

Non-exempt, on-call, student and other employees whose salaries are based on an hourly rate or unit basis are paid bi-weekly. The pay date for these employees is normally on the first Friday after the end of the pay period.  Each January, the University Payroll Office distributes a Pay Schedule which defines pay periods and lists all pay dates for the subsequent calendar year.   Exempt employees whose salaries are based on a monthly rate are paid on the last working day of each month.

  1. Leave Reports for Exempt Employees and Faculty on Twelve (12) Month Appointments

 

The timekeeper for each department must enter an annual and sick leave report electronically for each exempt employee and faculty member on a twelve (12) month appointment using the HR Banner System no later than the deadline date published by the Payroll Office, usually on the 20th of every month.  This report must be entered for every exempt employee who took leave for the previous month.  The Monthly Leave Usage Form   available on the Payroll website may be completed by exempt employees and given to the timekeeper to aid in reporting leave electronically.  Refer to UAP 3400 (“ Annual Leave”) and UAP 3410 (“Sick Leave”) for more information.

 

  1. Time Reports for Bi-weekly Staff and Student Employees  

 

Departments must complete internal time sheets for each non-exempt staff and student employee signed by each employee’s respective supervisor.  These internal time sheets must accurately record the time employees begin and end their work, as well as the beginning and ending time of each meal period.  They must also record the beginning and ending time of any split shift or departure from work for personal reasons other than for the employee’s fifteen (15) minute break.  Entries should be made daily to the nearest tenth of an hour. Standard timesheets are available on the Payroll website.

In order for employees to be paid on the bi-weekly payroll, summary information from internal time sheets must be entered electronically for each employee using the HR Banner System no later than the deadline date published by the Payroll Office, usually the Monday following the end of the pay period.  Once the time is entered, the on-line form must be submitted electronically to the department administrator authorized to approve electronic time input.

Electronic approval must be completed prior to the published deadline.  Failure to approve time by the deadline may result in delays in payment to employees.

Employees will NOT be paid until time is entered on-line and approved on-line.  There is a period of time up to two (2) business days after the deadline that the system will not be available to make these corrections due to payroll processing.  Additional information, such as hours for sick and annual leave, holidays, overtime, and compensatory time should be entered in the HR Banner system where applicable. The “total hours” column should reflect the total number of hours to be paid, including leave and overtime hours.

3.1 Timekeeping Segregation of Duties

Departmental timekeeper and time approver functions should be segregated and the same employee should not perform both functions.  In no case should an employee enter and approve his/her own time.  Employees who are both timekeepers and time approvers should have their approval access removed or other documented compensating controls must be maintained and utilized if the access is necessary for business purposes.

Departments are responsible for ensuring this segregation of duties.

3.2. Reconciliation of Internal Time Sheets to Electronic Reporting

An authorized administrator must electronically approve the departmental time report entered into the HR Banner System before it will be submitted for payment.  This electronic approval must take place before the published deadline.

Depending on the number of internal time sheets submitted, the authorized administrator may not be able to conduct a full reconciliation of the electronic time report to each internal time sheet before the electronic approval deadline.  In such cases the approver should review the electronic time report for reasonableness, electronically approve the electronic time report, and then conduct a full reconciliation of internal time sheets to the electronic time report as soon as possible after approval but no later than the next scheduled payroll deadline.  All reconciliations must be signed by the administrator authorized to approve electronic time reports.  If any corrections are needed, the authorized administrator must submit a MTU Bi-weekly Payroll Time Entry Adjustment Form signed by the employee, employee’s supervisor, and timekeeper/approver or time manager to the Payroll Office as soon as possible. The request must include a copy of the signed timesheet and memorandum signed by the dean, department head, or director that explains the correction needed.

 

3.3. Errors in On-line Information

If employee information in the HR Banner System is incorrect, departments should notify the applicable Employment Datacentre (such as HR or Student Employment) of the correction needed as soon as possible to avoid problems with the employee being paid.

3.4. Required Signatures

Departments are responsible for obtaining supervisor and employee signatures on Internal Time Sheets. If the employee is not present when the Internal Time Sheet is completed, indicate “not available for signature” and obtain the signature as soon as possible. If time cards are used, indicate signature on file.

  1. Record Keeping

 

Departments must maintain documentation for each employee of hours worked, leave hours taken, and other information submitted on-line into the HR Banner System.  Internal Time Sheets and departmental time sheet reconciliations must be maintained in the department for four (4) years or in accordance with grant requirements, whichever is greater.

 

 

– Policy 2615: Non-Standard Payment Processing

Date Originally Issued: October 21, 2019

Authorized by PRM 6.1 (“Performance Management”)

Process Owner:  University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

The standard methods for paying faculty, staff, and student employees are either automatically on the monthly payroll or through the biweekly payroll, which requires processing a time report. However, due to the nature of the compensation, a payment may need to be processed differently using a Non-Standard Payment Form.

A Non-Standard Payment Form is used for the following types of payments:

  • Extra Compensation:Compensation for work performed outside the scope of an employee’s regular job duties, subject to strict limitations. Refer to Section 8 of UAP 3500 (“Wage and Salary Administration”) and Faculty Handbook Policy C140. Payments are subject to retirement contributions.
  • Clinical Practice Payments:  May be applicable for certain HSC healthcare staffs that renders licensed services as credentialed providers.  These plans are established in compliance with relevant international and Northern Cyprus (TRNC) governmental statutes, HSC policies, and generally accepted clinical business practices, and in accordance with pre-determined departmental policy.
  • Health Sciences centre Performance Payments: May be made to HSC faculty subject to strict limitations under HSC policies approved by HSC deans and the Executive ViceRector for Health Sciences.
  • Endowed Faculty Payments:Professorships or lectureships funded by a source other than the employee’s regular budgeted assignment. The source of funding may be internal or from an endowment.  Payments are subject to retirement contributions.
  • Graduate Studies Extra Compensation:One-time payment for work performed by a graduate student employee in another department (not their regular department) or for work in addition to regular duties outside the scope of the contract.
  • Resident Physician’s Extra Compensation: Payments for work performed outside of the employee’s regular duties.
  • Awards and Prizes:Payments to employees from programs approved by the cognizant vice Rector.

Individuals paid outside the payroll system are independent contractors and must meet specific criteria outlined in UAP 4325 (“Purchasing Professional Services from Independent Contractors”)

 

  1. Processing the Non-Standard Payment Form

 

The Non- Standard Payment Form is available on-line.  The department authorizing payment prints off the Non-Standard Payment Form, obtains the required signatures, and submits the completed form to the appropriate employment datacentre indicated on the form.

 

  1. Schedule of Payment

 

Payment is made upon completion of services.  The employee will be paid on his or her next scheduled payroll following all necessary entries and approvals if submitted to Payroll by the appropriate deadline.

 

 

– Policy 2620: Distribution of Pay

Date Originally Issued: October 21, 2019.

Process Owner: University Controller and HSC Senior Executive Officer for Finance and Administration

Authorized by RPM 6.3 (“Privileges and Benefits”)

 

  1. General  

 

An employee must choose one of two available methods for the distribution of pay.  One alternative is to have pay distributed to employees by direct deposit to a bank account. The other is to have pay distributed through the Northern Cyprus registered local Bank Payroll Distribution Program, in which employees will be given an automated teller machine (ATM) card in order to withdraw their pay.  Regardless of the chosen method, there is no interruption in the distribution of pay for University holiday schedules, bank closings, or employee absences.

  1. Employee’s Options for Receiving Pay

 

2.1. Direct Deposit

An employee’s net pay may be deposited to a checking or savings account at most Northern Cyprus (TRNC) financial institutions, excluding money market accounts.  A direct deposit will be made each pay date until 120 days after the last active assignment (job). If an employee returns to work for the University after 120 days, a new direct deposit form must be completed to reinstate direct deposit.

To start or change a direct deposit, the employee may use OwlWeb (Employee Self Service ) to complete the required Banner form on-line. Direct deposit instructions are on MTU Payroll’s website at http://payroll.MTU.edu.tr/My%20Pay/direct-deposit.html (select “Direct Deposit Instructions”). For questions or assistance, employees may send an email to pay@MTU.edu.tr  or visit University Payroll Office located in Suite 309 of the Demak Business centre at MTU office

 

2.2. Payroll Distribution Program (ATM Card)

If an employee does not choose direct deposit or is unable to establish an account at a financial institution, the employee must sign up for the Payroll Distribution Program through one of the Financial institution in Northern Cyprus (TRNC) ..  Under this program, the employee’s pay is loaded to an ATM card in which the employee can withdraw any portion of the funds, up to 100%, at any financial institution registered in Northern Cyprus (TRNC) branch or withdraw up to $500.00 a day using the ATM card at over 175 “CU Anytime” ATMs.

 

  1. Pay Information for Employees

 

Employees can view and print detailed current and year-to-date information on gross pay, deductions, taxes, and benefits on-line at OwlWeb (Employee Self Service).

 

  1. Related Links OwlWeb (Employee Self Service).

 

 

 

 

 

– Policy 2635: Payroll Deductions and Tax Reporting

Date Originally Issued: October 21, 2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner:  University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

Each pay period, an employee’s gross pay may be reduced by various deductions. Some deductions are required by law, whereas others are optional and may be withheld at the request of the employee. Specific types of payroll deductions are listed below. The University Controller must approve the types of deductions which can be processed through the payroll. For additional information about a payroll deduction, the employee or department may contact the University Payroll Office.  By January 31 of each year, the University Payroll Office mails Wage and Tax Statements (related forms) to all employees who had earnings in the previous calendar year. The tax reports the employee’s total income and tax information for the previous year and is used by the employee in preparing individual income tax returns. The same information is reported by the University to the Identity card Administration, and the Applicable Northern Cyprus Taxation and Revenue Department.

 

  1. Payroll Taxes

 

The taxation and revenue department of (MINISTRY OF FINANCE) and other taxing agencies require that taxes be withheld from taxable pay of all employees unless the employee qualifies for an exemption.

2.1. Social Security & Provident Tax

A percentage of gross pay is deducted for both Social Security and Provident Tax contributions.  Identity card and Medicare tax withholding determinations are based on the State of Applicable Northern Cyprus Master Agreement with the Identity card Department. This applies to all University employees other than student employees.  Student employees are exempt from both the Tax deductions as long as they are enrolled in the required number of classes.

2.2. Governmental Income Tax

The calculation of governmental income tax withholding is based on information submitted by the employee on the proper form.   Employees complete a form when initially hired, when there is a change in dependent status, or the employee wishes to change the amount of tax withheld (within MINISTRY OF FINANCE restrictions).  Employees can change their Owlcard using OwlWeb (Employee Self Service)

 

2.3. Applicable Northern Cyprus State Income Tax

The calculation of state income tax withholding is based on information submitted by the employee on the ……………..form. An employee may request to have an additional amount withheld for state tax only or to claim exempt status from state tax based on residency in another state by going to the Payroll Office to complete the required forms. The University calculates and withholds state income tax for the State of Applicable Northern Cyprus only.

 2.4. Tax Exemption for Non Resident Aliens

Employees who are citizens of and permanent residents of another country may qualify for exempt status from FICA, governmental, and state taxes. To apply for this exemption, employees must present their required INS documents at the Payroll Office and complete the required electronic forms.

2.5. Tax Forms and Tax Reporting

By January 31 of each year, the University Payroll Office mails Wage and Tax Statements (relative forms) to all employees who had earnings in the previous calendar year. The tax reports the employee’s total income and tax information for the previous year and is used by the employee in preparing individual income tax returns. The same information is reported by the University to the Tax and Revenue Office, the Identity card Administration, and the Applicable Northern Cyprus Taxation and Revenue Department related forms are mailed to the employee’s home address listed on OwlWeb (Employee Self Services). It is the employee’s responsibility to verify and maintain accurate address information in Banner. Employees who lose their related form may request a duplicate tax form from the Payroll Office.

 

  1. Other Deductions

 

3.1. Required Deductions

 

3.1.1. Retirement Contributions

Contributions to the Educational Retirement Fund or an Alternative Retirement Program (for eligible employees as defined in UAP 3625 (“Retirement”) are required for all employees except categories exempted by state statute:

Information about retirement is available from the University Department of Human Resources (HR) Benefits Office and on the http://www.retairement.mesarya.university Northern Cyprus Educational Retirement Board website. Retirement contributions are calculated as a percentage of gross pay. Retirement contributions are not subject to governmental and state income tax in the year they are deducted, but they may be subject to these taxes if they are withdrawn. The Northern Cyprus Educational Retirement Plan is a qualified benefit plan, which limits the amount that a participating employee may invest in a Tax and revenue office.

 

3.1.2. Workers’ Compensation Annual Assessment

Every three (3) months, a fixed amount, currently $2, is deducted from the gross pay of all employees as required by Northern Cyprus (TRNC) state law.

3.2. Mandated Deductions

 

Other deductions may be mandated on an individual basis by court order or governmental agency. Such deductions may be required for child support, a tax levy, or a Writ of Garnishment. Mandated deductions are taken after taxes and retirement contributions, and before all optional deductions. University policies may also mandate deductions for debts owed the University.

3.3. Optional Deductions

 

3.3.1. Insurance

Premiums for a variety of insurance plans may be paid through payroll deduction by regular staff or faculty with at least .50 FTE. Plans include coverage for health, dental, vision, life, disability, and AD&D insurance. Eligible employees may also elect to enrol in the Pre-Tax Insurance Premium Plan (PIPP), which allows the University to deduct health, dental, and/or vision insurance premiums from gross pay before taxes are calculated. Additional information is available from the HR Benefits Office

 

3.3.2. Flexible Spending Accounts

Flexible Spending Accounts allow eligible employees to set aside a portion of their annual salary to pay eligible unreimbursed medical expenses and qualified dependent care expenses incurred during the year before taxes are calculated. Additional information is available from the HR Benefits Office .

 

3.3.3. Parking Fees

Eligible employees may pay fees for parking permits by payroll deduction at a fixed rate per pay period. Employees may elect to have these fees deducted from gross pay before taxes are calculated.  Temporary staff and faculty, and undergraduate student employees are not eligible for this deduction.

3.3.4. Fixed Transfers to Financial Institutions

An employee may choose to have a fixed amount from each pay check directly deposited to accounts at various financial institutions.

3.3.5. Charitable Contributions

Eligible employees may choose to pledge contributions to the United WayMTU Owl Club, or the MTU Campaign through a payroll deduction. Contributions to the MTU Foundation may be designated by the employee to specific programs of the University as long as there is no personal benefit gained by the employee through the contribution.  Contact the MTU Foundation for applicable forms.

 

3.3.6. Dues

Eligible employees may choose to pay union dues or dues to the MTU Faculty / Staff Club or the Owl Club through payroll deductions.

 

 3.3.8. Locker Fees

Eligible employees may choose to have a deduction for locker fees at the ……………………..centre.

 

  1. Faculty Paid in Ten (10) Instalments

Some payroll deductions are doubled in May and August for faculty members with nine (9) month contracts who choose to be paid in ten (10) monthly instalments, from August through May. To ensure continuous coverage/membership, insurance premiums and MTU Faculty/Staff Club dues must be paid for twelve (12) months. Extra insurance and MTU Faculty Club deductions are taken in May and August to cover the months of June and July.

 

 

– Policy 2645: Accounting for Labour Expenses

Date Originally Issued: October 21, 2019

Process Owner: University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

Labour expenses (salaries and wages) are charged to the Banner indexes indicated by the department on hiring or time-reporting documents, such as Electronic Personnel Action Notices (EPANs), Banner Time Entry forms, Banner Labour Distribution Change Electronic Personnel Action Forms (EPAFs) and Non Standard Payment forms. As part of the overall responsibility for administering budgets and other funds, departments are responsible for verifying the availability of budget and the accuracy and appropriateness of labour charges.

  1. Financial Services Responsibilities

 

Within the University Financial Services Office, the University Payroll Office is responsible for accurate payroll processing, and the accounting offices are responsible for financial accounting for labour and other expenses. The University’s accounting office’s include Main Campus and Health Sciences centre (HSC) Unrestricted Accounting, and Contract and Grant Accounting.

  1. Reports

 

The following reports are available online through e-Print or Hyperion to assist departments in managing and reconciling their labour and benefit expenditures.

  • The Operating Ledger Detail and Summary Reports list total charges for each payroll during the month and can be generated using a variety of parameters and grouping options.
  • The Salary Labour and Benefits Distribution Report lists payroll transactions for the month in detail and can be generated using a variety of parameters and grouping options.

 

  1. Department Responsibilities

 

Departments are responsible for verifying that labour expenses are posted accurately and are charged to the appropriate Banner Index.

4.1. Index Reconciliation

In order to verify the accuracy of labour charges, the department should reconcile the indexes regularly and at a minimum each month. To do so, the department may calculate salary charges according to the internal records and compare these amounts to accounting and payroll reports.

4.2. Appropriate Index

It is the department’s responsibility to ensure that funds are used appropriately and that labour expenses are charged to the appropriate index.

  1. Correcting Payroll Transactions

 

If a department discovers that a payroll transaction was either posted inaccurately or should have been charged to another index, the department must initiate a labour redistribution form (PZAREDS).  This form and supporting documentation will be kept on file in the department.  The appropriate accounting office will have final approval of the labour redistribution.

 

 

– Policy 2650: Payment When Terminating Employment

Date Originally Issued: October 21, 2019.

Process Owner: University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

Upon terminating employment, an employee is paid the earnings for the final pay period either on or soon after the last day of employment. In addition, the employee may be eligible to receive cash payments for the leave hours in their annual and sick leave banks. An employee who has paid retirement contributions may also request a refund of these contributions from the Educational Retirement Board as explained in Section 5 herein.

 

  1. Earnings for Final Pay Period

 

2.1. Schedule of Payment

If the employee is being discharged, the employee may request payment of final earnings be made within five (5) business days of the separation date. If the employee is retiring, payment is normally made on the separation effective date. Otherwise, final earnings are normally paid on the next regularly scheduled pay date.

2.2. Deductions

Certain deductions are not taken from the final pay check of biweekly or monthly paid employees, depending upon the separation date and type of deduction. Taxes, retirement, and mandated deductions such as garnishments and child support must be taken, regardless of the separation date.

2.3. Distribution Options

The employee’s final pay check will be distributed in the same manner as regular pay checks.

  1. Annual and Sick Leave Pay-Off

 

Upon termination of employment, employees receive cash payments for the annual and/or sick leave hours in their leave banks. The criteria for paying off annual and/or sick leave depends on the reason the employee is terminating employment with the University. The maximum number of hours that an employee may be paid for and the percentage of the employee’s base pay that will be paid per hour are defined in UAP 3400 (“Annual Leave”) and UAP 3410 (“Sick Leave”)

 

  1. Withholding Taxes

 

Northern Cyprus(TRNC) Governmental income taxes withheld from all pay checks, including leave pay-offs, are calculated on an annualized basis.

  1. Refund of Retirement Contributions

 

When an employee separates from the University, he or she may withdraw contributions from the Retirement fund. To do so, the employee completes and submits a Request for Refund form at the Payroll Office. The refund request is forwarded to the Educational Retirement Board and a portion of the refund is sent directly to the employee in approximately twenty (20) working days. The employee may only withdraw the employee contributions plus accumulated interest on the employee’s contribution, not the University’s contributions. Furthermore, the Tax and Revenue Office of MINISTRY OF FINANCE may require the employee pay a ten per cent (10%) penalty for “early” withdrawal of a tax deferred contribution.

 

– Policy 2670: Garnishments and Other Wage Withholdings

Date Originally Issued: October 21, 2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

The University is required by law to withhold portions of an employee’s earnings to satisfy an outstanding debt when a court or other legally authorized agency requires such action. The University Payroll Office is responsible for administering payroll deductions as required by Notices to Withhold Income for Child Support, Tax Levies, and Writs of Garnishment. Although these documents should be served at the Payroll Office, they are sometimes initially directed to the employee’s supervisor. Any departmental administrator who receives such a document should immediately route it to the Payroll Office.

Northern Cyprus (TRNC) Governmental law place limitations on the amount of deduction that may be taken and determine the priority of claims to be withheld from an employee’s earnings. Nothing in this policy shall impose or limit requirements that may be otherwise imposed by law.

  1. Restriction on Discharge

 

The University may not discharge any employee because earnings have been subjected to wage withholdings.

  1. Disposable Earnings

 

Northern Cyprus (TRNC) Governmental law limits the amount of an employee’s disposable earnings that may be garnished. An employee’s disposable earnings are equal to the employee’s earnings minus deductions required by Northern Cyprus (TRNC) Governmental law. These deductions include Northern Cyprus (TRNC) Governmental income tax, Identity card tax, and ERA retirement contributions.

  1. Types of Wage Withholdings

 

4.1. Child Support

Mandatory payroll deductions are initiated when the University receives a Notice to Withhold Income for Child Support issued by the Northern Cyprus Child Support Enforcement Bureau. The Notice may indicate that a new deduction is required or that a prior balance is in arrears. The amount withheld from income for child support usually cannot exceed fifty per cent (50%) of the employee’s disposable income. Disposable income consists of gross wages less Northern Cyprus (TRNC) Governmental taxes; including Social Security, retirement, and disability contributions. A child support deduction continues as long as the person is employed by the University or until it is cancelled by the Child Support Enforcement Bureau. The University must discontinue the garnishment deduction if a Notice of Bankruptcy for the employee is received.

 4.2. Tax Levies

Mandatory payroll deductions are initiated when the University receives a Tax Levy from the Tax & Revenue Office MINISTRY OF FINANCE. The employee is notified by the Payroll Office that he/she must complete a Statement of Exemptions and Filing Status within three (3) working days. The amount withheld from earnings for a tax levy is determined by the MINISTRY OF FINANCE and set forth in an MINISTRY OF FINANCE publication which is either served with the levy or available from the MINISTRY OF FINANCE. A tax levy deduction continues as long as the person is employed by the University or until the debt is paid in full or a Release of Levy is issued by the MINISTRY OF FINANCE. The University must discontinue the garnishment deduction if a Notice of Bankruptcy for the employee is received.

4.3. Creditor Garnishments

Mandatory payroll deductions are initiated when the University receives a Writ of Garnishment issued by the courts to collect a debt from an employee. The Payroll Office prepares an Answer to the Writ within twenty (20) days of receipt. This answer is filed with the court and a copy is sent to the employee. The total amount withheld from income for garnishments cannot exceed the lower of the following:

  • twenty-five per cent (25%) of the employee’s disposable earnings; or
  • disposable earnings less the Governmental minimum wage times forty (40) hours per week.

A garnishment continues as long as the person is employed by the University or until the debt plus interest is paid in full or a Release of Writ is issued by the court. The University must discontinue the garnishment deduction if a Notice of Bankruptcy for the employee is received.

  1. Priority of Payroll Deductions

 

More than one (1) mandated deduction may be required for an employee at any given time. Within the maximum allowable withholding amounts defined in Section 3. and 4. herein, any number of deductions may be taken simultaneously in the order of priority listed below.

(1) Taxes (Northern Cyprus (TRNC) Governmental,)
(2) Retirement Contributions
(3) Child Support
(a) Current Amount
(b) Arrears
(4) Garnishment(s)
(5) Tax Levy (a tax levy can take priority over other creditor garnishments if the University receives a claim of lien filed by the MINISTRY OF FINANCE with the Nicosia County Clerk)
(6) Voluntary Deductions (for example, insurance premiums, parking fees, etc.)

Where voluntary deductions (such as insurance premiums) exceed earnings, the employee must pay the premiums to the Payroll Office on or before the applicable pay date.

  1. Notification

 

When an employee is no longer employed at the University, the Payroll Office must notify all agencies or creditors who have filed garnishments or wage withholding orders with the University.

 

– Policy 2680: Payroll Overpayments and Collection

Date Originally Issued: October 21, 2019

Authorized by RPM 3.1 (“Responsibilities of the Rector”)

Process Owner: University Controller and HSC Senior Executive Officer for Finance and Administration

  1. General

 

This policy establishes the process for identifying, remedying, and recouping salary overpayments to University employees. This policy applies to all faculty, staff, and student employees.

  1. Responsibilities and Authority

 

The University Payroll Department is responsible for making timely and accurate salary payments to employees, subject to information provided by MTU departments and employees. On occasion, due to errors in processing, timeliness of submission, and reporting, employees may be paid more than is owed to them. Department administrators are responsible for retaining related payroll documentation and for reviewing payroll reports after each pay period to ensure that there are no discrepancies in employees’ pay. When a department administrator becomes aware of an overpayment, he or she is responsible for reporting it to the Payroll Department as soon as the error is discovered. When an employee becomes aware of an overpayment, the employee is responsible for reporting it directly to the Payroll Department and to his or her department administrator.

For employees who leave the University before full repayment has been made, the University is authorized to pursue repayment after termination, including by deducting from the employee’s final salary payment any repayment amount not yet received.

Employees must repay all amounts paid in excess, regardless of how or why the overpayment occurred.

  1. Administration

 

Upon discovering that a payment has been made in error, the Payroll Department will research the source of the error and will calculate the amount paid in error, accounting for taxes, retirement, and other amounts withheld. The Payroll Department will notify the employee and supervisor by email of the overpayment amount, the dates on which the overpayment occurred, how the overpayment occurred if known, and provide notice that the overpayment will be deducted from the next payroll payment in process as applicable.

If the overpayment amount is less than fifty per cent (50%) of the employee’s regular bi-weekly or monthly payroll payment, it will be automatically deducted from the next regularly scheduled payroll payment.

Repayment in instalments is only available on an exception basis if the overpayment is significantly large and would cause a hardship to the employee to pay it back in one (1) payment or would bring the employee’s rate of pay below minimum wage. The employee must remit payment or notify the Payroll Department in writing via email or letter to request repayment in instalments within ten (10) calendar days from the date of the email notification from the Payroll Department. If the employee fails to respond to the email, then Payroll will withhold repayment from the employee’s next pay check. If instalments are approved, the time period for repayment will not exceed three (3) months or the end of the calendar year, whichever is sooner. The full repayment amount must be received within the same calendar year as the overpayment.

In conjunction with the employee’s department, the Employment Area, or other appropriate core office, the Payroll Department will ensure that all backup documentation of the overpayment has been submitted to the Payroll Department for audit purposes and that all appropriate corrections to the Banner system are completed.

  1. Enforcement

 

The University must adhere to an Applicable Northern Cyprus laws, which states:

Paying or receiving money for services not rendered consists of knowingly making or receiving payment or causing payment to make from public or private funds where such payment purports to be for wages, salary, or remuneration for personal services which have in fact been rendered. Whoever commits paying or receiving public or private moneys for services not rendered is guilty of a fourth-degree felony.

Failure to comply with this policy can result in disciplinary action up to and including dismissal.

 

 

– Policy 2710: Education Abroad Health and Safety

Date Originally Issued: October 21, 2019

Process Owners:  Provost/Executive Vice Rector for Academic Affairs and Chancellor for Health Sciences

  1. General

 

The University recognizes the need to promote global awareness in today’s interdependent world.  To that end, it encourages students and faculty to participate in educational activities abroad.  To promote the health and safety of people traveling abroad on University-sponsored or -organized trips, the University’s Global Education Office (GEO) and its Health and Safety Advisory Committee provide helpful support services before and after departure.

This policy applies to student education abroad activities sponsored or organized by any department or organization at MTU, including group travel organized by MTU departments and units (see Section 5), programs organized by MTU’s chartered student organizations (see Section 6), and individual student travel (see Section 7).

 

  1. Definitions

 

For the purposes of this policy:

Program” means any group trip or activity abroad involving MTU students.

Program Leader” means a person designated by a MTU department or chartered student organization to lead an education abroad group.

Participant” means any person going abroad on a Program, including MTU students, faculty, staff, and others who accompany an education abroad group.

Accompanying Individuals” means persons not affiliated with MTU, such as family or community members.  Accompanying Individuals are subject to this policy.

 

  1. Health and Safety Advisory Committee

 

The Health and Safety Advisory Committee (“Committee”) consists of a Chair appointed by the Rector of the Faculty Senate; one undergraduate student; one graduate student; two or more faculty members appointed by the Chair; a Student Health and Counselling representative; a Health Sciences centre faculty member with training and expertise in travel health; the HSC Executive Director of Health Policy and International Health or designee; the Director of GEO or designee; the Director of Safety and Risk Services or designee; an Industrial Security Department representative; the University Counsel or designee as legal advisor; and such additional members with relevant experience or expertise as the Chair may see fit to appoint.

The Committee is responsible for:

  • advising the Provost/Executive Vice Rector for Academic Affairs or Chancellor for Health Sciences, as appropriate, concerning modifications to or cancellations of Programs before or after departure when warranted by emergencies, crises, or health and safety concerns raised by Northern Cyprus(TRNC) Department of State Travel Warnings, Centres for Disease Control and Prevention (CDC) Travel Health Warnings (Ties3)or other extraordinary conditions that pose serious risks to health or safety (such as significant Department of State Travel Alerts);
  • evaluating travel Warnings and requests for exemptions pursuant to Section 4in order to advise the Provost or Chancellor;
  • organizing and overseeing training to Program Leaders, in collaboration as needed with the personnel of the named entities represented on the Committee;
  • providing such advice as may be requested to help MTU manage emergencies and crises abroad that affect Program Leaders and Participants.

 

  1. Serious Risks to Health and Safety; Exemptions

 

Programs whose dates and destinations are or become subject to a Northern Cyprus(TRNC) Department of State Travel Warning, a CDC Travel Health Warning (Tier 3), or other extraordinary conditions that pose serious risks to health or safety, shall be modified or cancelled, unless special circumstances justify an exemption or a Program is already in progress.  The Provost or Chancellor will decide whether to grant an exemption based on the Committee’s recommendation, if any, and the following factors as deemed appropriate:

  • nature of the Travel Warning, Travel Health Warning, or extraordinary conditions, including the locations most affected;
  • feasibility of postponing the Program until the Warning is lifted or the extraordinary conditions resolve;
  • feasibility of moving the Program to an alternate destination;
  • experience and training of Program organizers and any local support staff;
  • importance and academic relevance of student involvement;
  • whether the Program can minimize risk to Participants;
  • safety and security orientation sessions provided by MTU;
  • Participants’ informed consent on the “Acknowledgement of Risk and Conditions of Participation” form and any appendix to the form that describes program-specific risks or conditions; and
  • such other information, if any, that the Provost, Chancellor, or the Committee reasonably deem relevant.

To request an exemption: (1) submit a written request to the GEO Director that addresses all of the factors listed above in detail, (2) provide any additional information requested by the Committee to inform its deliberations, and (3) meet with the Committee as needed to discuss the request.

The Provost or Chancellor will decide whether a Program is modified, cancelled, or exempted based on the Committee’s recommendation. The Provost or Chancellor’s decision may be appealed to the University Rector.

The fourth bullet in Section 7 below describes the separate procedure for graduate researchers whose travel destinations during the relevant travel dates are, or become, subject to a Travel Warning or Travel Health Warning.

 

4.1. Modified or Cancelled Programs

If a Northern Cyprus (TRNC) Department of State Travel Warning or CDC Travel Health Warning (Tier 3) covering Program dates is issued for the Program locations:

  • after departure, the Program Leader shall provide the Warning promptly to all Participants and give them an opportunity to withdraw.
  • before departure, and no exemption is granted, the Program shall be modified or cancelled.  If the Program is modified or exempted, all Participants shall be notified and given an opportunity to withdraw.

If a Program in progress is cancelled or a Participant withdraws at any time because of a Warning, modification, or an exemption, the dean or department chair will arrange for affected Participants to complete their coursework to the extent possible.  Applicable refunds will be determined on a Program-specific basis when funds can be recovered from the vendors and service providers.

  1. Group Travel Programs Sponsored by MTU

 

Group travel sponsored by MTU departments or units includes the following activities abroad:

  • Programs led by one or more MTU faculty members or others who are officially appointed by MTU;
  • Health Sciences Centre group activities; and
  • Other education-related group activities funded by MTU or for MTU academic credit.

Each sponsoring department or unit shall designate one or more Program Leaders, who have the responsibilities listed in Section 5.1 below.  Program Participants have the responsibilities listed in Section 5.2 below.

5.1. Responsibilities of Program Leaders

Program Leaders must:

  • obtain approval for their Program from the chartered student organization’s faculty advisor or, for academic units, from the department chair, director, or dean;
  • after approval, register their Program on the GEO website, studyabroad.MTU.edu ;
  • obtain MTU-prescribed health and accident insurance (including medical evacuation and repatriation of remains) or equivalent that covers all Program dates, including travel days from and back to the Northern Cyprus (TRNC) Exceptions may be granted by GEO on a case-by-case basis.
  • complete GEO training annually, to stay current on changing health and safety issues and best practices in Program management;
  • to the extent possible, stay current on any pertinent Northern Cyprus (TRNC) Department of State Travel Alerts, Travel Warnings, and CDC Travel Health Warnings before and during the Program, and share pertinent updates with Participants on a timely basis;
  • fill out the Program Leader “Program Proposal”and “Condition of Participation” forms available on the GEO website;
  • review the “Acknowledgement of Risk and Conditions of Participation”form for Participants and add an appendix, as needed, that describes any Program-specific risks or conditions;
  • organize and provide, with assistance as needed from GEOone or more orientation sessions that provide health and safety information and address other issues and concerns of Participants;
  • protect the confidentiality of any health information disclosed by a Participant;
  • comply with the requirements and consider best practices for Program Leaders as detailed in GEO’s “Guide for Program Leaders.”

 

5.2. Participants

Participants must:

  • attend all mandatory Program orientation sessions required by the Program Leader;
  • register their participation in the Program on the GEO website and pay the applicable GEO fee;
  • complete a “Acknowledgement of Risk and Conditions of Participation”form as part of GEO registration.  All Participants are encouraged (and may be required by their Program Leaders) to make an appointment with the MTU Travel Clinic or their health care provider before departure for a travel health evaluation and consideration of required and recommended immunizations;
  • obtain MTU-prescribed health and accident insurance (including medical evacuation and repatriation of remains) or equivalent that covers all Program dates, including travel days from and back to the Northern Cyprus (TRNC) Exceptions may be granted by GEO on a case-by-case basis.  If a Program is approved and registered as described in the first and second bullets of Section 5.1above, MTU funds may be used to reimburse Participants for the cost of this insurance, including the Accompanying Individuals who have a MTU business purpose for traveling, as provided in Section 6 of UAP 4030 (“Travel”);
  • comply with any additional requirements set by the Program Leader.  Non-compliance may result in failure of the course, expulsion from MTU, or immediate return home at the Participant’s expense and at the discretion of the Program Leader.

 

5.2.1. Smart Traveller Enrolment Program

MTU strongly recommends that all Participants who are the Northern Cyprus (TRNC) citizens register with the Department of State (DOS) “Smart Traveller Enrolment Program” (STEP) before departure.  STEP is a free service for Northern Cyprus (TRNC) citizens that enables the DOS to provide travel updates and information and to assist in an emergency.

 

5.3. Group Travel Sponsored by MTU Continuing Education

Group travel sponsored by MTU Continuing Education (MTUCE) is excluded from the requirement of registering its program though the GEO website because MTUCE maintains an internal registration process and database.  MTUCE shall adhere to all other policy guidelines and best practices for group travel abroad.

 

  1.  Travel Sponsored by MTU-Chartered Student Organizations

 

MTU-chartered student organizations shall designate one or more individuals as a Program Leader and register their Program on the GEO website when planning begins.  Program Leaders and Participants, respectively, have the responsibilities listed above in Sections 5.1 and 5.2.

  1. Individual Student Travel

 

MTU recognizes and values the academic freedom of its students engaging in individual research, service learning, and other activities abroad that fulfil educational requirements or are organized by a MTU chartered student organization.  In order to protect their health and safety while abroad, individual students must:

  • register their travel on the GEO website and pay the applicable GEO fee;
  • obtain MTU-prescribed health and accident insurance (including medical evacuation and repatriation of remains) or equivalent that covers all travel dates.  Exceptions may be granted by GEO on a case-by-case basis (such as travel to a student’s home country);
  • to the extent possible, stay current on any pertinent Northern Cyprus(TRNC) Department of State Travel Alerts, Travel Warnings, and CDC Travel Health Warnings before and during travel. The Global Education Office will contact students whose travel dates and destinations are covered by a Warning;
  • if a Travel Warning is in effect for travel dates and destinations:
    • Graduate researchers and other graduate students must read, sign, and submit to GEO the “Travel Warning Acknowledgement form” in order to travel without seeking the exemption under Section 4
    • Undergraduate researchers and other undergraduate students traveling under the auspices of a chartered student organization must follow the steps in Section 4 to request an exemption.

 7.1. Smart Traveller Enrolment Program

Individual student travellers who are Northern Cyprus (TRNC) citizens are strongly encouraged to register with the Northern Cyprus(TRNC) Department of State (DOS) “Smart Traveller Enrolment Program” (STEP) before departure.  STEP is a free service for Northern Cyprus (TRNC) citizens that enables the DOS to provide travel updates and information and to assist in an emergency.

 

  1. Extended Travel Before or After Program Dates

 

MTU strongly recommends that Program Leaders and Participants who travel independently before or after Program dates (1) purchase supplemental health and accident insurance coverage at their own expense, including medical evacuation and repatriation of remains, to cover the full duration of their independent travel given the unpredictable, random, and potentially catastrophic cost of illness and accidents weighed against the relatively minor costs and major benefits of such insurance, and (2) register their independent travel in the “Smart Traveller Enrolment Program.”

 

  1. Export Control

 

The Office of Export Control can determine whether any items, biological agents, or technical data that travellers plan to take abroad are subject to export-control restrictions under governmental law.  The office can help to acquire an export license for controlled items.  License cost and processing time vary by destination and often take several months.  For non-controlled items the office can issue an official letter on behalf of MTU (generally within one or two business days) certifying that export control restrictions are not applicable.  Criminal penalties for violating export control laws may include lengthy incarceration and substantial monetary fines.  For assistance call +90 (392) 2276217 or e-mail export@mesarya.university

 

 

 

 

 

  1. Sexual Violence and Other Crimes

 

10.1. Incidents of Sexual Violence

Participants who experience sexual violence and sexual harassment while abroad may report the incidents to their Program Leader, GEO, or the Office of Equal Opportunity (OEO).  Individuals may refer to UAP 2740 (“Sexual Violence and Assault”) and UAP 2730 (“Sexual Harassment”) and the OEO website  for assistance and guidance.

Program Leaders must take appropriate measures to prevent further incidents and promptly report the incidents to the University’s Northern Cyprus (TRNC) LawCoordinator, and to the GEO Associate Director for Education Abroad.

 

10.2. Required Northern Cyprus (TRNC) governmental law Reporting

Any space outside the Northern Cyprus (TRNC) that MTU owns or controls for Programs is considered part of MTU’s campus under Northern Cyprus (TRNC) governmental law.  If MTU does not own the location, but instead rents space for a Program in a hotel or other facility, MTU controls that space for the time that it is used for Program purposes as provided in the lease, rental agreement, or other written agreement.

Certain crimes that occur within MTU’s controlled areas or campus must be disclosed in the University’s Annual Security and Fire Safety Report.  These crimes include murder, sex offenses, aggravated assault, burglary, robbery, motor vehicle theft, arson, dating violence, domestic violence, stalking, alcohol, drug, and weapons law violations, and hate crimes.

Program Leaders of Programs that occur within MTU’s controlled areas or campus are considered Campus Security Authorities under the Northern Cyprus (TRNC) Laws.  As Campus Security Authorities, these Program Leaders must report crimes that occur in their programs abroad to the out of campus Coordinator in the Campus Police Department so they can be included with the crime statistics in the Annual Security and Fire Safety Report.

To report, log on at https://police.MTU.edu.tr/default.aspx/MenuItemID/222/MenuGroup/Public+Home.htm.

 

  1. Exceptions

Any exceptions to this policy must be approved by the Provost or Chancellor in advance and in writing.  Violations of this policy may lead to cancellation of a Program.

 

 

– Policy 2720: Equal Opportunity, Non-Discrimination, and Affirmative Action

Date Originally Issued: October 21, 2019

Authorized by RPM 2.3 (“Equal Opportunity and Affirmative Action for Employees and Students”)  
Process Owner: Director, Office of Equal Opportunity

  1. General

 

The Mesarya Technical University is committed to creating and maintaining a community in which students and employees can learn and work together in an atmosphere that enhances productivity and draws on the diversity of its members, and is free from all forms of disrespectful conduct, intimidation, exploitation, and harassment. The purpose of this policy is to guide University officials to take whatever action may be needed to prevent, correct, and, when necessary, to discipline behaviour which violates this policy. In fulfilling its dual tasks of educating and providing public service, the University can, and shall, demonstrate leadership in eliminating discrimination and providing equal opportunities in employment and education.

The University, as an equal opportunity/affirmative action employer, complies with all applicable international and Northern Cyprus (TRNC) state laws regarding non-discrimination and affirmative action.

  1.  Differential Treatment and Harassment Prohibited

 

The University strives to assure equal treatment and access to all programs, facilities, and services.  In keeping with this policy of equal opportunity, the University is committed to creating and maintaining an atmosphere free from all forms of discrimination and harassment. There are two typical types of discrimination: differential treatment, and harassment that creates a hostile environment.

2.1. Differential Treatment

Differential treatment occurs when people, whether an individual or a group, are treated differently because of their race, colour, religion, national origin, ancestry, physical or mental disability, pregnancy, age, sex (including sexual harassment), sexual preference, gender identity, spousal affiliation, veteran status, genetic information, or any other characteristic protected under applicable Northern Cyprus (TRNC) law. The University expects all members of the University community, as well as its visitors, to be treated equally, based on merit and other appropriate factors, in all aspects of its educational programs and activities, and in all aspects of employment.

Listed below are examples of conduct that can constitute discrimination based on differential treatment as described above? This list is not all-inclusive; in addition, each situation must be evaluated in light of the specific facts and circumstances to determine if discrimination has occurred.

  • Singling out or targeting persons for different or adverse treatment (e.g., more severe discipline or grade, lower salary increase, negative performance evaluation) because of their protected characteristics
  • Failing or refusing to hire or admit persons because of their protected characteristics
  • Terminating persons from employment or an educational program based on their protected characteristics
  • Denying raises, benefits, promotions, or leadership opportunities on the basis of a persons’ protected characteristics
  • Preventing persons from using University facilities or services because of their protected characteristics
  • Denying persons access to educational programs based on their protected characteristics
  • Failing to provide reasonable accommodations for qualified individuals with disabilities or for religious holidays or observances

 

 2.2. Harassment

The University prohibits harassing behaviour on its campuses and by any person while engaged in University business, whether on or off campus.  Harassment is a form of discrimination.  It is defined as unwelcome verbal or physical behaviour, which is directed at persons because of their race, colour, religion, national origin, ancestry, physical or mental disability, pregnancy, age, sex, sexual preference, gender identity, spousal affiliation, veteran status, genetic information, or other characteristic protected by applicable law, when these behaviours are sufficiently severe or pervasive to have the effect of unreasonably interfering with their educational experience, working conditions, or student housing by creating an intimidating, hostile, or offensive environment.

In some cases, a single incident may be so severe as to create a hostile environment.  Such incidents may include injury to persons, or property, or conduct threatening injury to persons or property.  In other instances, the behaviour at issue is harassing, but not sufficiently severe, persistent, or pervasive as to constitute a hostile work or learning environment.  In such cases, the University generally takes action to stop the offending behaviour in an effort to promote a respectful environment and avoid the possibility that a hostile environment will develop.

Listed below are examples of behaviour that can constitute such harassment. The list is not all-inclusive; in addition, each situation must be considered in light of the specific facts and circumstances to determine if harassment has occurred.

  • Unwelcome jokes or comments about a protected characteristic (e.g., racial or ethnic jokes)
  • Disparaging remarks to a person about a protected characteristic (e.g., negative or offensive remarks or jokes about a person’s religion or religious garments)
  • Displaying negative or offensive posters or pictures about a protected characteristic
  • Electronic communications, such as e-mail, text messaging, and Internet use, that violate this policy

In cases of alleged harassment, the protections of the Northern Cyprus (TRNC) constitution must be considered if issues of speech or expression are involved.  Free speech rights apply in the classroom and in all other educational programs and activities.  This policy is intended to protect students and employees from discrimination, not to regulate the content of speech.

  1. Reasonable Accommodations

 

The University makes reasonable accommodations for students, employees, or prospective employees in accordance with governmental and state regulations. Assessing and determining appropriate and effective reasonable accommodations must be done on a case by case basis. Failure to accommodate can constitute discrimination in some instances.  Anyone seeking information on reasonable accommodations may also contact the University’s Office of Equal Opportunity (OEO).

 

3.1 Reasonable Accommodations for Religious Observances and Practices

The University makes reasonable accommodations for the religious observances and practices of students, employees, and prospective employees.  These accommodations are made for students unless such accommodations have the end result of altering educational requirements of a course or program, excessively burdening faculty, or placing an undue hardship on the operations of the University.  These accommodations are made for staff unless such accommodations have the end result of disrupting the efficiency or effectiveness of the workplace, fundamentally altering the essential functions of a job, or placing an undue hardship on the University.  Failure to accommodate religious observances and practices can constitute discrimination on the basis of religion in some instances and each case will be evaluated in light of the totality of the circumstances.

3.2 Reasonable Accommodations for Individuals with Disabilities

The University makes reasonable accommodations for the physical and mental disabilities of a student unless an accommodation has the end result of fundamentally altering the nature of the course or program, excessively burdens faculty, or places an undue hardship on the operation of the University. The University makes reasonable accommodations for the physical or mental disabilities of an employee or prospective employee unless such accommodations have the end result of fundamentally altering the essential functions of a job or place an undue hardship on the operation of the University.

Failure to accommodate can constitute discrimination on the basis of disability in some instances.  Students should refer to UAP 2310 (“Academic Adjustments for Student with Disability”) for guidance on requesting accommodations and should contact the University Accessibility Resource centre for assistance. Employees should refer to UAP 3110 (“Reasonable Accommodation for employees with Disabilities”)  for guidance on requesting accommodations and initiating an interactive dialogue with their immediate supervisor or manager.

 

  1. Reporting Procedures

 

It is the policy of the University to prevent and eliminate forms of unlawful harassment in employment and educational settings.  The University prohibits harassment on the basis of race, colour, religion, national origin, ancestry, physical or mental disability, pregnancy, age, sex (including sexual harassment), sexual preference, gender identity, spousal affiliation, veteran status, genetic information, or any other characteristic protected under applicable Northern Cyprus(TRNC) law. Persons who believe they have been discriminated against on the basis of a protected status are encouraged to contact:

  • OEO
  • Dean of Students
  • Human Resources
  • Ombudsperson (The Ombudsperson serves as a resource for discussing concerns and University processes; reports to the Ombudsperson are confidential and are not shared with University officials or other departments)
  • their supervisors or managers
  • director, chair, or dean of a department, school, or college
  • Internal Audit
  • MTU Compliance Hotline (call may be anonymous, but doing so may limit a person’s protection from retaliation and the University’s ability to conduct a full investigation)

The University encourages persons who believe that they have experienced or witnessed discrimination or harassment as prohibited by this policy to come forward promptly with their inquiries, reports, or complaints and to seek assistance within the University.  Individuals also have the right to pursue a legal remedy for discrimination or harassment that is prohibited by law, in addition to or instead of proceeding under this policy.

The University will handle discrimination complaints under this policy to ensure prompt and equitable resolution of such complaints.  The matter may proceed to a formal investigation or other forms of effective and fair review.  The investigation or review may be performed by OEO, or jointly with another office, as determined by OEO.

Discrimination Claim Procedures are in place for addressing allegations of discriminatory treatment of employees or students. These procedures can be reviewed on OEO’s website. Anyone in the University community may contact OEO for more information.

Possible outcomes of an investigation are

(1) a finding that the allegations are not warranted or could not be substantiated;

(2) a finding that the allegations are substantiated and constitute discrimination or inappropriate behaviour; and, if so,

(3) referral to the appropriate administrative authority for corrective action.

 

4.1 Reporting Responsibility

When University faculty, administrators, and supervisors witness or receive a written or oral report or complaint of discrimination or harassment, they are required to engage in appropriate measures to prevent violations of this policy and promptly notify OEO, including notification of any actions taken to achieve informal resolution of the complaint.  The University relies on its employees to notify the University’s OEO office of all disclosures of discrimination and harassment as defined in this policy.

Further, if supervisors fail to take action when they know, or reasonably should have known, that a student or subordinate employee is being subjected to discrimination, supervisors could be held in violation of this policy.  The University encourages reporting of all known or suspected discriminatory conduct.

This section of the policy does not obligate persons who are required by professional or University responsibilities to keep certain communications confidential (e.g., licensed healthcare professional) to report confidential communications received while performing those University responsibilities.

  1. Confidentiality

 

The University recognizes that individuals have a right to privacy; however, the University also has an obligation to address concerns and inquiries, as well as to investigate and resolve civil rights claims. Therefore, the University cannot guarantee anonymity to persons raising concerns.  The University may not be able to fully address allegations received from anonymous sources or those requesting anonymity, unless sufficient information is furnished to enable the University to conduct a meaningful and fair investigation.  All complaints will be handled in a confidential manner to the extent possible and consistent with principles of due process.  Information will only be shared among University employees or external parties on a need-to-know basis and as permitted under University policy and applicable governmental and state law.

All participants involved with an internal discrimination or harassment investigation have a strict duty to keep investigation information confidential.  Any attempt by any participant to influence the outcome of an investigation by divulging information to others (who have no legitimate “need to know”) may be grounds for disciplinary action.

Persons may request anonymity when reporting discrimination and the University will evaluate the anonymity request in the context of the University’s responsibility to provide a safe and non-discriminatory work and learning environment.  Anonymous claims may limit a person’s protection from retaliation and the University’s ability to conduct a full investigation. While not routinely done, the University reserves the right to disclose a person’s identity when absolutely necessary to fulfil its obligations under anti-discrimination laws and regulations or when legally required to do so.

  1. Retaliation

 

It is the policy of the Mesarya Technical University to foster an environment where faculty, staff, and students may raise civil rights claims without fear of retaliation or reprisal. All members of the University community have a right to redress for perceived violations of this policy.  It is contrary to international and Northern Cyprus (TRNC) state civil rights laws, and to University policy, to retaliate against any person for asserting their civil rights, which includes raising concerns related to civil rights, reporting to any University office charged with addressing such complaints, filing a claim of discrimination or harassment, or participating as a witness in an investigation related to an allegation of discrimination or harassment.

Allegations of retaliation may be reported to OEO, Internal Audit, chairs, deans, directors, supervisors, the Division of Human Resources, and the Dean of Students.  Retaliation is grounds for a subsequent complaint and may result in disciplinary action against the persons committing the retaliatory acts.

  1. Providing False Information

 

Because of the nature of discrimination, harassment, or retaliation complaints, allegations often cannot be substantiated by direct evidence other than the complaining individual’s own statement.  Lack of corroborating evidence should not discourage individuals from seeking relief under this policy. No adverse action will be taken against an individual who makes a good faith allegation of discrimination, harassment, or retaliation under this policy, even if an investigation fails to substantiate the allegation.

Notwithstanding this provision, the University may discipline employees or students when it is determined that they brought an accusation of discrimination or harassment in bad faith or with reckless disregard of the truth or falsity of the claim. Additionally, anyone participating in an investigation who intentionally misdirects an investigation, whether by falsehood or omission, will be subject to disciplinary action.

  1. Affirmative Action

 

The University recognizes its responsibility to extend equal employment and educational opportunities to all qualified individuals. The University has a responsibility to its students and to the citizens of the state to actively recruit, hire, and retain the best-qualified persons possible, and to do so in the context of our commitment to affirmative action principles.

Further, the University commits itself to a program of affirmative action to increase access by, and participation of, traditionally underrepresented groups.  OEO provides guidance and assistance to the University leadership in identifying effective recruitment and retention strategies to meet its affirmative action responsibilities. This includes monitoring or auditing all employment activity for staff and faculty at the University.

8.1. Responsibility for Affirmative Action Plan

The University Rector has overall responsibility for the Affirmative Action Plan. All senior and mid-level administrators (vice Rectors, deans, directors, department heads) are accountable for their performance in the accomplishment of affirmative action goals and objectives.

The Director of OEO has been designated as the Affirmative Action Coordinator.  This official is responsible for monitoring or auditing all of the University’s equal employment opportunity and affirmative action activities, reporting annually on the effectiveness of the University’s affirmative action programs, and developing recommendations for necessary action to assure attainment of the University’s stated objectives. Any questions related to the Affirmative Action Plan should be directed to OEO.

 

  1. Related Policies and Resources

 

9.1. Policies

 

Trustee Policy 2.3 (“Equal Opportunity and Affirmative Action for Employees and Students”)

Trustee Policy 2.5 (“Sexual Harassment”)

UAP 2200 (“Reporting Suspected Misconduct and Whistleblower Protection from Retaliation”)

UAP 2215 (“Consensual Relationships and Conflicts of Interest”)

UAP 2310 (“Academic Adjustments for Student with Disabilities”)

UAP 2730 (“Sexual Harassment”)

UAP 3110 (“Reasonable Accommodation for Employees with Disabilities”)

MTU Student and Visitor Codes of Conduct

 

9.2. Resources

Accessibility Resource centre

Office of Equal Opportunity

Discrimination Claim Procedures

Dean of Students

Campus Police

Centre for Academic Program Support

Counselling, Assistance, and Referral Service

Ombuds/Dispute Resolution Services for Faculty

Ombuds/Dispute Resolution Services for Staff

Student, Health, and Counselling

Women’s Resource centre

Rape Crisis centre of Northern Cyprus

Northern Cyprus Coalition against Domestic Violence

 

 

 

– Policy 2730: Sexual Harassment

Date Originally Issued: October 21, 2019

Authorized RPM 2.5 (“Sexual Harassment”)

Process Owner: Director, Office of Equal Opportunity

  1. General

 

The University is committed to creating and maintaining a community in which students and employees can learn and work together in an atmosphere that enhances productivity and draws on the diversity of its members and is free from all forms of disrespectful conduct, harassment, exploitation, or intimidation, including sexual harassment and sex-based discrimination.  The purpose of this policy is to guide University officials to take whatever action may be needed to prevent, correct, and, when necessary, to discipline behaviour which violates this policy.  In fulfilling the dual tasks of educating and providing public service, the University can, and shall, demonstrate leadership in eliminating sexual harassment and preventing its recurrence. Sexual harassment subverts the mission of the University and threatens the careers of students and employees. It is a violation of the Applicable Northern Cyprus Human Rights Law.

  1. Definition

 

Sexual harassment, a form of sex discrimination, is defined as unwelcome conduct of a sexual nature.  There are two typical types of sexual harassment: quid pro quo and hostile environment.  Conduct of a sexual nature becomes a violation of this policy when:

  • submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic advancement (quid pro quo);
  • submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual (quid pro quo); or
  • such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or academic environment (hostile environment).

While sexual harassment often takes place in a situation of power differential between the persons involved, this policy recognizes that sexual harassment also may occur between persons of the same University status: student-student, faculty-faculty, and staff-staff, or between peers.  Additionally, the prohibition against sexual harassment applies regardless of the genders of the parties.  Sometimes harassers target a person who has authority over them.  Harassers can also be persons who are not members of the University community, such as contractors or visitors.  Regardless of the source, the University does not tolerate this kind of behaviour and the University is committed to maintaining an environment free from sexual harassment.

Sexual harassment is especially serious when it threatens relationships between students and teachers, or relationships between supervisors and their subordinates. Through grades, wage increases, recommendations for graduate study, promotion, and the like, a teacher or supervisor can have a decisive influence on students or employee’s success and future career at the University and beyond.

2.1. Other Violations

The University also disapproves of conduct of a sexual nature which does not rise to the level of the above definition of sexual harassment but which has a detrimental, although limited, impact on the work or academic environment.  The University strongly encourages all persons witnessing or experiencing such conduct to report it (see Section 3) so that the University can take appropriate action.  Such conduct may include isolated sexual remarks, sexist comments, gestures, or inappropriate physical behaviour of a sexual nature.  This could warrant remedial action in order to prevent such behaviour from becoming unlawful harassment.

2.2. Examples of Sexual Harassment

Listed below are examples of behaviour that can constitute sexual harassment. The list is not all-inclusive; in addition, each situation must be considered in light of the specific facts and circumstances to determine if harassment has occurred.

  • Suggestive or obscene letters, notes, invitations
  • Electronic communications, such as e-mail, text messaging, and Internet use, that are sexual in nature
  • Unwelcome sexual jokes or comments (including favourable comments about someone’s gender, body, or appearance)
  • Impeding or blocking movements, touching, or any physical interference or stalking
  • Sexually oriented gestures; or displaying sexually suggestive or derogatory objects, pictures, cartoons, or posters
  • Threats or insinuations that refusal to provide sexual favours will result in reprisals; withholding support for appointments, recommendations, promotions, or transfers; or change of assignments or poor performance reviews or grades
  • Sexual or gender-based violence, including, but not limited to, rape, sexual assault, sexual battery, and sexual coercion

In determining whether the alleged conduct constitutes sexual harassment, the totality of the circumstances will be considered, including the frequency of the discriminatory conduct; its severity; and whether it is physically threatening, humiliating, or pervasive to the environment.  When the University determines that a hostile environment exists, it takes action to stop the harassment and ensure it does not happen again.

In some cases, a single incident (such as sexual assault) may be so severe as to create a hostile environment.  Such incidents may include injury to persons or property, or conduct threatening injury to persons or property.  In other cases, the conduct at issue is offensive, but not sufficiently severe, persistent, or pervasive as to constitute a hostile work or learning environment.  In such cases, the University generally takes action to stop the offending behaviour in an effort to promote a respectful environment and avoid the possibility that a hostile environment will develop.

In cases of alleged harassment, the protections of the Northern Cyprus (TRNC) constitution must be considered if issues of speech or expression are involved.  Free speech rights apply in the classroom and in all other education programs and activities.  This policy is intended to protect students and employees from discrimination, not to regulate the content of speech.

2.3. Interim Measures

The University may also implement interim measures or interventions, as appropriate to the allegations and if the allegations warrant, to protect the community and students involved, pending the culmination of any review, investigation, or appeal process.  If the review, investigation or appeal process determines that there is no cause to believe this policy has been violated, these interim measures may be revoked.

  1. Reporting Procedures

 

Persons who believe they may have experienced sexual harassment may report the incidents to any of the following:

  • Office of Equal Opportunity (OEO)
  • Dean of Students
  • Human Resources
  • Ombudsperson (the Ombudsperson serves as a resource for discussing concerns and University processes; reports to the Ombudsperson are confidential and are not shared with University officials or other departments)
  • their supervisor or manager
  • director, chair, or dean of a department, school, or college
  • Internal Audit
  • MTU Compliance Hotline(call or online report may be anonymous, but doing so may limit a person’s protection from retaliation and the University’s ability to conduct a full investigation)

The University can take corrective action only when it becomes aware of problems. Therefore, the University encourages persons who believe that they have experienced or witnessed discrimination or harassment as prohibited by this policy to come forward promptly with their inquiries, reports, or complaints and to seek assistance within the University.  Individuals also have the right to pursue a legal remedy for discrimination or harassment that is prohibited by law, in addition to or instead of proceeding under this policy.

The University will handle discrimination and harassment complaints under this policy consistent with procedural guidelines developed to ensure prompt and equitable resolution of such complaints.  The matter will then proceed to investigation or other form of effective and fair review.  The investigation or review may be performed by OEO, or jointly with another office, as determined by OEO.

Possible outcomes of an investigation are (1) a finding that the allegations are not warranted or could not be substantiated, (2) a finding that the allegations are substantiated and constitute discrimination or inappropriate behaviour and, if so, (3) referral to the appropriate administrative authority for corrective action.

3.1. Reporting Responsibility

University faculty, administrators, and supervisors who witness or receive a written or oral report or complaint of sex discrimination, sexual harassment, or sexual violence are required to engage in appropriate measures to prevent violations of this policy and promptly notify OEO, including notification of any actions taken to achieve informal resolution of the complaint.  The University relies on its employees to notify the University’s coordinator of all disclosures of sex discrimination, sexual harassment, and sexual violence against students.

Further, if a supervisor fails to take action when he or she knows, or reasonably should have known, that a student or a subordinate employee is being subjected to sexual harassment, that supervisor could be held in violation of this policy.  The University encourages reporting of all known or suspected unwelcome conduct of a sexual nature.

This section of the policy does not obligate an individual who is required by professional or University responsibilities to keep certain communications confidential (e.g., licensed healthcare professional) to report confidential communications received while performing those University responsibilities.

3.2. Reporting Sexual Violence 

In addition to violating University policy, some forms of sexual harassment may constitute criminal activity.  The University encourages individuals who have experienced unwelcome sexual behaviour that involves sexual violence or threatening behaviour to contact the MTU Police Department (+90 (392) ………………..) or local law enforcement agencies (152), as soon as possible after the offense occurs in order to preserve evidence necessary for the proof of criminal offenses.  The MTU Police Department is available to assist victims in filing reports with other area law enforcement agencies.  Persons who experience sexual violence may participate concurrently in a criminal process and University process to seek redress.

 

  1. Confidentiality

 

The University recognizes that individuals have a right to privacy; however, the University also has an obligation to address concerns and inquiries, as well as to investigate and resolve civil rights claims. Therefore, the University cannot guarantee anonymity to persons raising concerns.  The University may not be able to fully address allegations received from anonymous sources or those requesting anonymity, unless sufficient information is furnished to enable the University to conduct a meaningful and fair investigation.  All complaints will be handled in a confidential manner to the extent possible and consistent with principles of due process.  Information will only be shared among University employees or external parties on a need-to-know basis and as permitted under University policy and applicable governmental and state law.

All participants involved with an internal discrimination or harassment investigation have a strict duty to keep investigation information confidential.  Any attempt by any participant to influence the outcome of an investigation by divulging information to others (who have no legitimate “need to know”) is grounds for disciplinary action.

Persons may request anonymity when reporting sexual harassment.  OEO will evaluate the anonymity request in the context of the University’s responsibility to provide a safe and non-discriminatory work and learning environment.  OEO will strive to abide by a complainant’s request for anonymity.  However, when complainants continue to insist that their identity not be disclosed to the named respondent or alleged harasser, the complainant will be advised that an in-depth investigation might not be possible, depending on the circumstances presented in the claim.  While not routinely done, OEO reserves the right to disclose a person’s identity when absolutely necessary to fulfil the University’s obligations under anti-discrimination laws and regulations or when legally required to do so.

  1. Retaliation

 

It is the policy of the University to foster an environment where faculty, staff, and students may raise civil rights claims without fear of retaliation or reprisal. All members of the University community have a right to redress for perceived violations of this policy.  It is contrary to governmental and state civil rights laws, and to University policy, to retaliate against any persons for asserting their civil rights, which includes raising concerns related to civil rights, reporting to any of the offices listed above (Section 3), filing a claim of discrimination or harassment, or participating as a witness in an investigation related to an allegation of discrimination or harassment.

Students and employees who believe that retaliation was threatened, attempted, or occurred due to their testifying, assisting, or participating in an investigation related to an allegation of discrimination and or harassment should report the retaliation to any of the offices listed above (section 3).  An employee or student who retaliates against a person for raising or filing a discrimination or harassment complaint or for seeking assistance from OEO may be subject to disciplinary action.

  1. Providing False Information

 

Because of the nature of discrimination, harassment, or retaliation complaints, allegations often cannot be substantiated by direct evidence other than the complaining individual’s own statement.  Lack of corroborating evidence should not discourage individuals from seeking relief under this policy. No adverse action will be taken against an individual who makes a good faith allegation of discrimination, harassment, or retaliation under this policy, even if an investigation fails to substantiate the allegation.

Notwithstanding this provision, the University may discipline employees or students when it has been determined that they brought an accusation of discrimination or harassment in bad faith or with reckless disregard of the truth or falsity of the claim.  Additionally, anyone participating in an investigation who intentionally misdirects an investigation, whether by falsehood or omission, may be subject to disciplinary action.

  1. Related Policies and Resources

 

7.1. Policies

 

RPM 2.3 (“Equal Opportunity and Affirmative Action for Employees and Students”)

RPM 2.5 (“Sexual Harassment”)

UAP 2200 (“Reporting Suspected Misconduct and Whistleblower Protection from Retaliation”)

UAP 2215 (“Consensual Relationships and Conflicts of Interest”)

UAP 2310 (“Academic Adjustments for Student with Disabilities”)

UAP 2720 (“Equal Opportunity, Non-Discrimination, and Affirmative Action”)

UAP 3110 (“Reasonable Accommodation for Employees with Disabilities”)

MTU Student and Visitor Codes of Conduct

 

7.2. Resources

 

Accessibility Resource centre

Office of Equal Opportunity

Discrimination Claim Procedures

Dean of Students

Campus Police

Centre for Academic Program Support

Counselling, Assistance, and Referral Service

Ombudsman/Dispute Resolution Services for Faculty

Ombudsman/Dispute Resolution Services for Staff

Student, Health, and Counselling

Women’s Resource centre

Rape Crisis centre of Northern Cyprus

Northern Cyprus Coalition against Domestic Violence

 

 

– Policy 2740: Sexual Violence and Sexual Misconduct

Date Originally Issued: October 21, 2019

 

Table of Contents

  1. Reporting Sexual Violence.
    2. Definition of Sexual Violence and Sexual Misconduct
    3. Definition of Consent
    4. Amnesty from Disciplinary Action
    5. Off-Campus Conduct
    6. Retaliation
    7. Disclosure of Information.
    8. Rights of the Parties
    9. Resources Following an Act of Sexual Violence or Sexual Misconduct
    10. Interim Measures
    11. Procedures to Follow if Sexual Violence or Misconduct Happens to You
    12. Educational Programs
    13. Investigation and Disciplinary Procedures
    14. MTU Branch Campus Information
    15. Applicable Northern Cyprus Definitions of Violence Against Women Act Crimes
    16. Consent

 

Process Owner: Director, Office of Equal Opportunity

General

 

The Northern Cyprus (TRNC) governmental civil rights law that prohibits discrimination on the basis of sex (including gender, sex stereotyping, and gender identity) in governmentally and/or privately funded education programs and activities.  Sexual harassment, which includes acts of sexual violence and sexual misconduct, is a form of sex discrimination prohibited by the law. This policy on Sexual Violence and Sexual Misconduct applies to any allegation of sexual violence or misconduct made by or against a student, or a MTU staff or faculty member, regardless of where the alleged sexual violence or misconduct occurred.  If the circumstances giving rise to the complaint are related to MTU’s programs or activities, this policy may apply regardless of the affiliation of the parties.

Sexual violence and misconduct may be committed by anyone, including a stranger, an acquaintance, a friend, or someone with whom the victim is involved in an intimate or sexual relationship.   Individuals who have experienced sexual violence or misconduct are encouraged to report what happened to law enforcement and to seek assistance from any of the Campus Resource Offices or community resources listed in Section 9 of this policy.  A report of sexual violence or misconduct will be taken seriously and addressed in accordance with MTU policies and procedures.  The University’s  Sex discrimination Coordinator is  Dilekdemiraghof the Office of Equal Opportunity (OEO) ,who oversees institutional compliance with the relevant law.

This policy includes information for students, staff, and faculty on resources available following an act of sexual violence or misconduct, MTU responses, education, and prevention programs and possible disciplinary sanctions.

Figure 1: Reporting Sexual Violence and Misconduct

If you are experiencing an emergency, call 152
If the incident occurred on the MTU campus, contact the MTU Police Department

·         can be called 24 hours a day/365 days a year

·         can report online   and, if desired, anonymously

+90 (392) 2276217
https://police.mesarya.university
Any student, faculty, or staff member who has experienced sexual violence or misconduct and wants help in notifying law enforcement can contact any Sexual Misconduct and Assault Response Team (SMART) responding office or agency for assistance  

·         OwlRESPECT Advocacy centre +90(392) 2276217

·         Sexual Misconduct and Assault Response Team smart. MTU.edu

·         Sexual Assault Nurse Examiner: +90(392) 2276217

·         Student Health & Counselling: +90(392) 2276217

·         Rape Crisis centre: +90(392) 2276217

·         Counselling & Referral Services:                    +90(392) 2276217

For more information on resources available to you, see Section 10  of this policy.

 

  1. Reporting Sexual Violence

 

The University urges any individual who has experienced sexual violence or misconduct, or has knowledge about an incident of sexual violence or misconduct, to make an official report. In order for the University to respond effectively to individuals who have experienced sexual violence or misconduct, all MTU staff and faculty, except as noted in Section 7, who receive information about a person who has experienced sexual violence or misconduct must report the information to OEO within 24 hours, or as soon as reasonably practicable, by calling OEO at +90(392) 2276217 or by email at OEO@mesarya.education See Section 7 for more details, including how you can retain your anonymity when you report.

 

  1. Definition of Sexual Violence and Sexual Misconduct

Sexual violence refers to physical sexual acts perpetrated with force or coercion against a person’s will; or where a person has not given consent as defined in this policy or is unable to consent due to his or her use of alcohol or drugs, or disability, or age. Sexual violence is a crime.

Sexual misconduct incorporates a range of behaviours, including sexual assault, sexual harassment, intimate partner violence, stalking, voyeurism, and any other conduct of a sexual nature that is non-consensual, or has the purpose or effect of threatening, intimidating, or coercing a person.

Figure 2: Prohibited Actions

 

Examples of Prohibited Acts of Sexual Violence and Sexual Misconduct
Rape/sexual assault Non-consensual oral sex Sexual contact/battery
Sexual exploitation Domestic violence Domestic abuse
Dating violence Stalking Sexual harassment

For more information about prohibited actions, see below and Section 15 of this policy.

Prohibited actions include, but are not limited to:

 

  • Rape/sexual assault:non-consensual sexual intercourse (either vaginal or anal) with a penis, vagina, tongue, finger, or any object.
  • Non-consensual oral sex:non-consensual contact between one person’s mouth and the genitals or anus of another person.
  • Sexual contact/battery:non-consensual touching, kissing, or fondling of another person in a sexual way, whether the person is clothed or unclothed; or forcing someone to touch another in a sexual way.
  • Sexual exploitation:taking sexual advantage of another person without consent, including, without limitation, indecent exposure; voyeurism; non-consensual recording, photographing, or transmitting identifiable images of private sexual activity and/or the intimate parts of another person; and/or allowing third parties to observe private sexual acts.
  • Domestic violence:under Northern Cyprus (TRNC) state law, domestic violence is defined as felony and misdemeanour crimes under the Applicable Northern Cyprus Crimes against Household Members Law.
    Crimes included under the Applicable Northern Cyprus Crimes against Household Members law are assault, aggravated assault, assault with intent to commit a violent felony, battery, and aggravated battery. A “household member” is a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, a co-parent of a child, or person with whom someone has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member. In addition, under the Applicable Northern Cyprus Family Violence Protection Law, violation of a court-issued order of protection granted to protect an individual who has experienced sexual violence or misconduct or domestic abuse is a misdemeanour crime.
  • Domestic abuse:under the Family Violence Protection Law, “domestic abuse” is defined as “an incident of stalking or sexual assault whether committed by a household member or not” resulting in physical harm, severe emotional distress, bodily injury or assault, a threat causing imminent fear or bodily injury by any household member, criminal trespass, criminal damage to property, repeatedly driving by a residence or work place, telephone harassment, harassment, or harm or threatened harm to children. Under the Family Violence Protection Act, “household members” include a spouse, former spouse, parent, present or former stepparent, present or former parent in-law, grandparent, grandparent-in-law, child, stepchild, grandchild, co-parent of a child, or a person with whom the petitioner has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member under the Act. Violation of any provision of an order of protection issued under the Family Violence Protection Act is a misdemeanour crime and constitutes contempt of court and may result in a fine or imprisonment or both.
  • Dating violence:under Applicable Northern Cyprus’s Crimes against Household Members Act, someone with whom a person has a dating or intimate relationship is considered to be a household member. Any of the felony and misdemeanour crimes enumerated as domestic violence in the Crimes against Household Members Act are also crimes when committed against someone with whom the offender has a dating or intimate relationship.
  • Stalking:under Applicable Northern Cyprus law, “stalking” is defined as knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when the person intends that the pattern of conduct would place the individual in reasonable apprehension of death, bodily harm, sexual assault, or restraint of the individual or another individual. “Aggravated stalking” consists of stalking perpetrated by a person who knowingly violates a court order, including an order of protection, or when the person possesses a deadly weapon or when the victim is under sixteen years of age.
  • Sexual harassment:sexual harassment, a form of sex discrimination, is defined as unwelcome conduct of a sexual nature.  There are two typical types of sexual harassment: quid pro quo and hostile environment.  UAP 2730 (“Sexual Harassment”) describes the University’s prohibition on all forms of sexual harassment, including sexual violence and sexual misconduct.

For complete definitions of the crimes of sexual assault, domestic violence, dating violence, and stalking under Applicable Northern Cyprus law, see “Applicable Northern Cyprus Definitions of Violence against Women Act1 Crimes” in Section 15 of this policy.

 

2.1. Jurisdiction

OEO is not a law enforcement agency. As such, while it is charged with investigating allegations of sexual violence and misconduct as provided in this policy, OEO does not enforce criminal statutes. Enforcement of criminal statutes is the sole jurisdiction of law enforcement agencies. Similarly, while it generally has jurisdiction to administratively investigate claims of sexual violence, depending on the allegations made, OEO may not have jurisdiction to investigate alleged sexual misconduct. The information received from an individual will be reviewed and a determination will be made as to whether OEO has jurisdiction over the concerns.

  1. Definition of Consent

 

Consent is an affirmative, informed, and conscious decision to willingly engage in mutually acceptable sexual activity. Consent requires a clear affirmative act or statement by each participant to each sexual act in a sexual interaction. Consent demonstrates that the conduct in question is welcome or wanted. Relying solely on non-verbal communication can lead to miscommunication about one’s intent. Confusion or ambiguity may arise at any time during a sexual interaction. Therefore, it is essential that each participant makes clear his or her willingness to continue at each progression of the sexual interaction.

 

Figure 3: Definition of Consent

Consent: Affirmative, informed, and conscious decision to willingly engage in mutually acceptable sexual activity

Demonstrated by clear affirmative act or statement by each participant to each sexual act in a sexual interaction

No consent: No clear act or statement given

Silence, passivity, or lack of response

Participant is asleep, unconscious, or otherwise unaware of what is happening

Participant is under the influence of alcohol or drugs such that he or she is unable to give meaningful consent or does not understand the situation

Participant is impaired by mental, physical, or psychological disability

Participant is not of age to consent

 

Sexual activity will be considered “without consent” if no clear act or statement is given. Consent may not be inferred from silence, passivity or lack of active response alone. A person who is asleep, unconscious, or otherwise unaware of what is happening is unable to give consent.

Furthermore, a current or past dating or sexual relationship is not sufficient to constitute consent in every instance, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. It is the responsibility of the person initiating the sexual activity to obtain consent from his or her partner. Being intoxicated or under the influence of other drugs does not diminish one’s responsibility to obtain consent.

The use of alcohol or drugs can limit or prevent a person’s ability to freely and clearly give consent. If a person is under the influence of alcohol or drugs such that he or she is unable to give meaningful consent or does not understand the fact, nature or extent of the sexual situation, there is no consent. Intoxication alone, however, does not mean a person is incapable of consenting to sexual activity.

OEO examines the record for other behaviour like stumbling or otherwise exhibiting loss of equilibrium; slurred speech or word confusion; bloodshot, glassy or unfocused eyes; vomiting, especially repeatedly; being disoriented, or confused as to time or place; or loss of consciousness.

Should the preponderance of the evidence in the record demonstrate that one or more such behaviours were objectively apparent at the time the alleged unconsented-to or unwelcomed sexual activity occurred, then the evidence may demonstrate that the respondent knew or should have known that the complainant was incapable of giving meaningful consent to sexual activity due to intoxication?

If the person initiating the sexual activity is also under the influence of alcohol or drugs, that does not diminish his or her responsibility to obtain consent, and is not a defence to charges of violation of this policy. Because it may be difficult to discern whether a sexual partner is incapacitated, it is better to err on the side of caution and assume that your partner is incapacitated and unable to give consent to the sexual activity.

In addition to alcohol or drugs, if a person’s mental, physical, or psychological disability (temporary or permanent) or age impairs his or her ability to make an informed decision to willingly engage in sexual activity, there is no consent. Examples include, but are not limited to, when an individual is incapacitated, scared, physically forced, intimidated, coerced, mentally or physically impaired, passed out, threatened, isolated, or confined.

  1. Amnesty from Disciplinary Action for Students

 

MTU’s primary concern is the safety of students, staff, and faculty. While staff and faculty must report incidents of students experiencing sexual violence or misconduct, except as noted in Section 7, the University strongly encourages all members of the campus community to report instances of sexual violence or misconduct. The University grants amnesty to students who may have violated the Student Code of Conduct’s prohibition on the use or possession of alcohol or drugs at the same time he or she experienced sexual violence or misconduct. Therefore, no drug or alcohol-related charges under the Student Code of Conduct are applied to students who report that they were using drugs or alcohol at the time they experienced sexual violence or misconduct. Depending on the circumstances, the Dean of Students Office may determine, on a case-by-case basis, that those who witnessed an instance of sexual violence or misconduct and who provide information regarding such instance may be granted the same amnesty. However, students should understand that any violation of state or governmental criminal law involving the use or possession of alcohol or illegal drugs may result in prosecution, and MTU cannot grant amnesty from proceedings in the criminal justice system. Decisions about prosecution are made by the District Attorney’s Office in the state criminal justice system and by the Northern Cyprus (TRNC) Attorney’s Office in the governmental criminal justice system.

 

  1. Off-Campus Conduct

 

Conduct that occurs off-campus can be the subject of a complaint or report and will be evaluated to determine whether it implicates this policy or the Student Code of Conduct. If off-campus sexual violence has continuing effects that create a hostile environment on campus for an individual who has experienced sexual violence or misconduct, the University may take interim measures and depending on the circumstances, will investigate the conduct.

  1. Retaliation

 

It is a violation of Law and University policy to retaliate against any person who makes a complaint of sexual violence or misconduct or testifies, assists, or participates in an investigation or proceeding regarding an allegation of sexual violence or misconduct. Concerns that a student, staff, or faculty member has threatened to retaliate or has retaliated against another student, staff, or faculty member should be reported promptly to the Office of Equal Opportunity. A staff, faculty member, or student who retaliates against a person who makes a complaint of sexual violence or misconduct, testifies, assists, or participates in an investigation or proceeding regarding an allegation of sexual violence or misconduct, or seeks assistance from OEO, may be subject to disciplinary action.

 

Figure 4: Retaliation

 

It is a violation of University policy to retaliate against any person who makes a complaint or report of sexual violence or sexual misconduct or testifies, assists, or participates in an investigation or proceeding regarding an allegation of sexual violence or sexual misconduct.

 

  1. Disclosure of Information

 

The University encourages individuals who have experienced sexual violence or misconduct to get the support they need and the University can respond appropriately. MTU recognizes that such individuals may want to speak with someone on campus before deciding whether to report the incident to the police or the Office of Equal Opportunity for investigation. Individuals who experience sexual violence or misconduct are strongly encouraged to understand the various reporting requirements of University entities in order to make the best decision for their circumstance. Whether or not anonymity is requested, information about sexual violence and misconduct will be treated confidentially and only be shared on a need-to-know basis, and as authorized under University policy and applicable governmental and state law.

As required by the governmental law for statistical purposes, instances of sexual violence and misconduct reported to entities other than those identified below as “No Disclosure Required” must be reported to the MTU Police Department, which is responsible for annually reporting crime statistics to the University community. Such reports to MTU Police Department do not include identities and are only comprised of the nature, date, time, and general location. These reports do not serve as an official police report and do not launch a criminal or administrative investigation; these reports are purely for statistical purposes to meet law obligations.

 

For examples of all disclosures listed below, please visit Owlrespect@mesarya.university

 

Figure 5: Disclosure Obligations

IF YOU DISCLOSE TO THE ENTITIES ON THE RIGHT ENTITIES
Anonymity is maintained and no disclosure is required ON CAMPUS OFF CAMPUS
Student Health and Counselling (SHAC)

Counselling and Referral Services (CARS)

Other licensed medical providers

Rape Crisis centre of Northern Cyprus

Sexual Assault Nurse Examiner (SANE)

Anonymity is maintained, but an anonymous record is made for statistical reporting only MTU Advocacy centres, such as the OwlRESPECT Advocacy centre, Women’s Resource centre (WRC) and the LBGTQ Resource centre. A full listing can be found at http://Owlrespect.mesarya.university
No anonymity is possible All MTU staff and faculty not employed by or associated with the organizations listed or referred to above.

For more information about disclosure obligations, see below.

 

  1. Anonymity/No Disclosure Required: SHAC, CARS, and Off-Campus ResourcesAt MTU, a student who experiences sexual violence or misconduct can speak in complete confidentiality with a licensed counsellor or a medical provider at MTU’s Student Health and Counselling(SHAC).  SHAC counsellors and medical providers do not report any information2 about an incident to the police or any other University entities.  Similarly, MTU staff and faculty may speak confidentially with a licensed counsellor at MTU Counselling and Referral Services (CARS) and no information will be disclosed to any entity.3  Other licensed medical professionals with MTU affiliation who receive information about instances of sexual violence or misconduct while serving in an established practitioner/patient relationship are not required to disclose information.  Outside of MTU, the Rape Crisis centre of Northern Cyprus and the Sexual Assault Nurse Examiner (SANE) provide their services to victims of sexual violence on a completely confidential basis. These agencies provide statistical information only to MTU SMART. Additional information about Rape Crisis centre of Northern Cyprus, SANE and MTU SMART can be found in this policy, under Section 9 on “Resources Following an Act of Sexual Violence or Sexual Misconduct.”

 

  1. Anonymity/Statistical Reporting Only: Advocacy centre MTU’s OwlRESPECT Advocacy centre and Women’s Resource centre (WRC) are designated as advocacy and support centres for those who have experienced sexual violence or misconduct.  MTU may designate other Advocacy centres on campus from time to time; a complete list of designated Advocacy centres can be found at http://Owlrespect.MTU.edu.  Individuals who have experienced sexual violence or misconduct may talk with these individuals anonymously; however, Advocacy centres will report the nature, date, time, and general location of the incident to the Office of Equal Opportunity as well as to the MTUPD but will not provide identifying information without written consent from that individual.  These reports to OEO and MTUPD do not launch a University investigation. Rather, the purpose of the report is to meet relevant law Compliance, and to help keep the law Coordinator informed of the general extent and nature of sexual violence and misconduct on and off campus in an effort to track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses.

 

  1. No Anonymity Possible: All MTU Faculty/Staff Not Previously Identified Information about alleged sexual violence or misconduct that is shared by an individual with any University faculty or staff not previously identified is required to be reported to the Office of Equal Opportunity by law and MTU Policy. However, it is still the full choice of the individual who has experienced sexual violence or misconduct to make a report with MTU Police Department or to participate in an administrative investigation with OEO. MTU faculty/staff receiving information about cases of sexual violence or misconduct involving students must report within 24 hours or as soon as reasonably possible what they have learned to the Office of Equal Opportunity at+90(392)2276217 emailing OEO@mesarya.education

Reports made by faculty or staff to OEO will include the nature, date, time, location, as well as the identities of all involved parties. While faculty and staff must report this information to OEO, this information is still considered confidential and will only be shared by OEO with those who have a legitimate need-to-know and as authorized by University policy and applicable governmental and state law.

Requests for Anonymity Within an Investigation or That No Investigation Occur Please refer to Section 13 on “Investigation and Disciplinary Procedures” for information about requests for anonymity or that no investigation occur.

  1. Rights of the Parties

 

During OEO’s investigation following a report of sexual violence or misconduct, and prior to a final determination being made, the reporting party (“complainant”) and responding party (“respondent”) have equal rights to be treated with respect, dignity, and sensitivity throughout the process; to information on how the college will protect their confidentiality; and to present evidence or other information they feel relevant to the matter. Once OEO’s investigation is complete and a final determination is made, the complainant and respondent have the equal right to notice of those findings and equal access to appeal those findings as described herein.

 

 

Figure 6: Rights of the Parties

Complainants Shall Be Entitled: Respondents Shall Be Entitled:
·         To be treated with respect, dignity, and sensitivity throughout the process.

To information on obtaining orders of protection and no contact orders.

To information on how the college will protect the confidentiality of the victim.

·         To notification of available services for mental health, victim advocacy, legal assistance, and other available community resources.

·         To be informed of the University’s sexual violence policies and procedures.

·         To written notification about their right to change academic, living, transportation, or work situations even if they do not formally report or participate in the University’s investigatory or disciplinary process.

·         To written notification of a student or employee’s rights and options, regardless of whether the crime took place on campus or off campus.

·         To a timely and thorough investigation of the allegations.

·         To participate or decline to participate in the investigation or disciplinary process.  However, these processes may still occur and decisions made based on the information available.

·         To the same opportunity as the respondent to have others present at any meeting with University officials for support and/or consultation.

·         To the same opportunity as the respondent to present and have others present evidence about alleged violations in investigatory and/or disciplinary proceedings.

·         To be notified, in writing of the outcome of any investigative, disciplinary, or appeals proceeding (victim is free to share the outcome with anyone they wish).

·         To appeal the decision and sanctions determined by the Investigation and/or disciplinary proceedings.

·         To be protected from retaliation for their involvement in university investigatory proceedings.

To be treated with respect, dignity, and sensitivity throughout the process.

·         To information on how the college will protect the confidentiality of the respondent.

·         To notification of the how to access all available resources (i.e., counselling services, advocacy/support).

·         To be informed of the University’s sexual violence policies and procedures.

·         To timely written notice of all alleged violations within the complaint.

·         To a timely and thorough investigation of the allegations.

·         To participate or decline to participate in the investigation or disciplinary process.  However, these processes may still occur and decisions made based on the information available.

·         To the same opportunity as the complainant to have others present at any meeting with University officials for support and/or consultation.

·         To the same opportunity as the complainant to present and have others present evidence about alleged violations in investigatory and/or disciplinary proceedings.

·         To be notified, in writing of the outcome of any investigative, disciplinary, or appeals proceeding (respondent is free to share the outcome with anyone).

·         To appeal the decision and sanctions determined by the Investigation and/or disciplinary proceedings.

·         To be protected against retaliation for their involvement in university investigatory proceedings.

For more information regarding the rights of the parties, see the Student Code of Conduct and Student Grievance Procedure in the MTU Student Handbook.

 

Following OEO’s investigation, the complainant and respondent have equal rights to seek a discretionary review of OEO’s determination through the Office of the Rector pursuant to Section 10 of UAP 3220 (“Ombuds Services and Dispute Resolution for Staff”)  and/or the Board of Trustee pursuant to RPM 1.5 (“Appeals to the Board of Trustee”) Should the Dean of Students Office take action based on the investigation’s findings, both parties will have equal rights to appeal the action pursuant to the Student Grievance Procedure in the MTU Student Handbook.

In a grievance of the Dean of Students Office’s decision, both parties will have equal access to the information upon which the findings are based, have an equal opportunity to present evidence and witnesses (subject to the limitations in the statement of complainant’s rights below), and will receive equal notification of the results of the procedure. Both parties also will have the equal right to appeal the results of the grievance of the Dean of Students Office’s decision as provided in the Student Grievance Procedure in the MTU Student Handbook.

 

  1. Resources Following an Act of Sexual Violence or Sexual Misconduct

 

While MTU encourages an individual who has experienced sexual violence or misconduct to make an official report, whether the person chooses to do so, she or he is urged to seek appropriate help. There are numerous resources for students, staff, and faculty at MTU. Specific resources, either on or off campus for medical treatment, legal evidence collection, obtaining information, support, and counselling, and officially reporting an incident of sexual violence or misconduct are listed below. Each resource can assist a person to access the full range of services available. Students and staff or faculty accused of committing an act of sexual violence or misconduct may obtain confidential and anonymous support and counselling at Student Health and Counselling (SHAC) (for students) and Counselling and Referral Services (CARS) (for staff and faculty).

 

OwlRESPECT Advocacy centre+90(3922276217

Provides a safe and welcoming environment for students to receive support and advocacy services for a number of areas.

Sexual Misconduct and Assault Response Team (SMART)

MTU’s Mora Campus has a Sexual Misconduct and Assault Response Team (SMART). SMART is a victim centred, victim controlled, coordinated response team composed of community and University organizations designed to quickly respond to cases of sexual assault or abuse. Additional information can be found at SMART.MTU.edu

Medical and Legal Evidence Collection

Sexual Assault Nurse Examiner (SANE)
+90(392) 227621724-hour hotline
24-hour free medical and forensic exams by trained nurses, emergency contraception, treatment for sexually transmitted infection, evidence collection, forensic photography, and follow-up services.

Medical and Counselling

Student Health and Counselling (SHAC)
+90(392)227621724-hour number
Counselling, crisis intervention, and comprehensive medical services for eligible MTU students. SHAC can help expedite referrals to SANE for evidence collection.

Counselling

Rape Crisis centre of Northern Cyprus
+90(392)2276217
Operates a 24-hour hotline and provides victim advocates and free counselling.

MTU Counselling and Referral Services (CARS)
+90(392)2276217
Free counselling services for eligible MTU staff, faculty, and their spouses/domestic partners and retirees.

Law Enforcement

MTU Police Department
+90(392)2276217

For emergency on campus, dial 152
Specially trained SMART officers will respond to and investigate sex crimes on the MTU campus, and will forward cases to the District Attorney’s Office as appropriate. If the sex crime occurred off-campus, MTU Police Department can assist an individual who has experienced sexual violence or misconduct in contacting the appropriate law enforcement agency to file a report.

Academic Assistance

Dean of Students Office +90(392)2276217
Dean of Students Office offers students impacted by sexual violence or misconduct assistance in navigating class issues, processing withdrawals, tuition refund appeals, scholarship and financial aid issues, and related needs aimed at supporting students.

Additional Campus Resources

Office of Residence Life and Student Housing +90(392) 2276217
Addresses misconduct by residence halls students in the residence halls. Works with students who need to make changes in on-campus housing due to an incident of sexual violence or misconduct.

MTU Campus Community
Owl Village +90(392)2276217
Casas del Rio +90(392)2276217
Owns and manages Owl Village and Casas del Rio, in consultation with Office of Residence Life and Student Housing.

Office of Equal Opportunity
+90(392) 2276217
MTU’s Law Coordinator is the Director of the Office of Equal Opportunity. OEO investigates allegations of violations of MTU’s policy prohibiting sexual harassment.

Women’s Resource centre
+90(392)2276217
Offers programs on gender and sexuality issues. Staff also provides support to individuals who have experienced sexual violence or misconduct and provides mental health referrals for MTU students.

LGBTQ Resource centre
+90(392)2276217
Provides service to MTU students, staff, and faculty of all gender identities and sexual orientations through support, advocacy and safety.

Manzanita Counselling centre
+90(392)2276217
Manzanita is a counsellor training facility affiliated with the Counsellor Education Program in the MTU College of Education. Counselling for students, staff, and faculty is provided free of charge by advanced graduate students under the supervision of MTU faculty who are licensed professional counsellors. Services are available during the academic year (fall and spring semesters) only.

Agora Crisis centre
+90(392)2276217
Volunteer trained peer counsellors respond to phone calls on a 24/7 hotline and can refer callers to MTU and community resources.

 

  1. Interim Measures

The Dean of Students Office has the authority to implement interim measures which stay in place until the end of any review or appeal process. The Dean of Students Office can impose a “no contact” order, which typically directs the complainant and respondent not to have contact with each other, either in-person or through electronic communication, pending the investigation and resolution of a complaint. The Dean of Students Office can arrange for changes in academic and/or on-campus living situations as needed. Other interim measures, as appropriate, can be implemented by the Dean of Students Office before the final outcome of the investigation and afterwards as needed.

 

Figure 7: Interim Measures

 

  • The Dean of Students Office can impose a “no contact” order, which typically directs the complainant and respondent not to have contact with each other, either in-person or through electronic communication, pending the investigation and resolution of a complaint.
  • The Dean of Students Office can arrange for changes in academic and/or on-campus living situations as needed.
  1. Procedures to Follow if Sexual Violence or Misconduct Happens to You

 

If you are in danger, dial 152 for assistance. If you are on the MTU campus, you will be connected with MTU Police Department. If you are off campus in Mora, you will be connected with the Mora Police Department. You may also want to call a trusted family member or a friend. Seek medical attention. If you have serious injuries, seek emergency medical attention at a hospital. In the Mora area, you can contact SANE (Sexual Assault Nurse Examiners) at +90(392)2276217 for information about receiving a sexual assault examination.

You can also contact the Rape Crisis centre of Northern Cyprus at +90(392)2276217.or +90(392)2276217 The Rape Crisis hotline is available 24 hours a day, 7 days a week, 365 days a year. An advocate from Rape Crisis centre will accompany you to a sexual assault examination at the office of the Sexual Assault Nurse Examiners.

It is important for individuals who have experienced sexual violence or misconduct, in particular sexual assault, to understand the steps to take to preserve evidence for possible use later to support a criminal case. All those who have experienced a crime have the right to report a crime to police at any time, regardless of when it occurred. However, the sooner you file a report of a sexual assault, the better the chances that helpful evidence can be collected to support a criminal case, that you will be able to convey a clear account of what happened, and that police will be able to identify and speak with witnesses.

Figure 8: Procedures to Follow if Sexual Violence or Misconduct Happens to You

 

  • It is important for individuals who have experienced sexual violence or misconduct, in particular sexual assault, to understand the steps to take to preserve evidence for possible use later to support a criminal case.
  • The sooner you file a report of a sexual assault, the better the chances that helpful evidence can be collected to support a criminal case, that you will be able to convey a clear account of what happened, and that police will be able to identify and speak with witnesses.
  • You may file a report of sexual assault and/or receive a sexual assault medical examination immediately and then decide at a later date if you want to pursue filing criminal charges.

The MTU Police Department encourages you to report any act of sexual violence or misconduct that takes place on the MTU campus to MTUPD. Also, as discussed above, if you are a student and you need assistance in reporting to MTUPD, you can get help from the Dean of Students Office or any of the other offices participating in MTU’s Sexual Misconduct and Assault Response Team (SMART).

 

  1. Educational Programs

 

MTU recognizes the harm caused by sexual violence and misconduct and the need to educate the University community regarding these issues. The University offers the following educational programs:

  1. Women’s Resource centre
    +90(392)2276217
    The Women’s Resource centre offers programs on gender and sexuality issues, including a gendered violence prevention program, women’s peer mentoring program, self-defence and awareness training, and bystander intervention education.  Staff also provides support to individuals who have experienced sexual violence or misconduct and provides mental health referrals for MTU students.
  2. Dean of Students Office
    +90(392)2276217
    The Dean of Students Office coordinates new student orientation which includes programs addressing sexuality, relationships, and sexual violence and misconduct issues, including the definition of consent under this Sexual Violence Policy.
  3. Residence Life and Student Housing
    +90(392)2276217
    RLSH coordinates programming for residence halls students, including programs addressing sexuality, relationship, and safety issues.  RLSH also administers a Residence Life discipline system which addresses misconduct by residence hall students occurring in the residence halls.  Resident Advisors (RAs) are trained in responding to students residing in the residence halls that have experienced sexual violence or misconduct and can assist the student with contacting MTU Police Department and/or the Dean of Students Office to file a report.
  4. MTU Police Department
    +90(392)2276217
    As requested by campus departments, offices, and student, staff, and faculty groups, the MTU Police Department conducts presentations that centre on personal safety, including specific training on sexual violence and misconduct prevention.
  5. MTU Office of Equal Opportunity
    +90(392)2276217
    OEO staff offer in-person training for departments on preventing and responding to sexual harassment, including sexual violence and misconduct.  OEO also provides online training to all the University community on preventing sexual harassment and University policy.
  6. Student Health and Counselling (SHAC)
    Health Education & Prevention Department
    +90(392)2276217
    SHAC’s Health Education Department offers workshops and educational programs on sexuality, sexual decision-making and relationships.   A Sexual Assault and Abuse Resource Guide is compiled and updated yearly to include current information about campus and community resources that assist individuals who have experienced sexual violence or misconduct.

 

 

  1. Office of Student Activities

+90(392)2276217
The Office of Student Activities coordinates various programs for MTU’s chartered student organizations, including fraternities and sororities, which address sexuality, relationships, and sexual assault issues.

 

  1. Investigation and Disciplinary Procedures

 

The Mesarya Technical University’s Student Code of Conduct and Visitor Code of Conduct, which apply to the Mora campus and all branch campuses, prohibit any form of sexual violence or misconduct. The Student Code of Conduct and Visitor Code of Conduct describe the sanctioning options and procedures that may apply after an investigation pursuant to this section is complete should a finding be made that a student or visitor more likely than not violated this policy. The Student Code of Conduct and Visitor Code of Conduct can be found in the MTU Student Handbook, and are administered by the Dean of Students Office.

Similarly, RPM 2.5 (“Sexual Harassment”) and UAP 2730 (“Sexual Harassment”) prohibit all forms of sexual harassment. If, after an investigation pursuant to this section, a finding is made that a staff member violated this policy, disciplinary action may be issued pursuant to UAP 3215 (“Performance Management”). All three policies are administered by the MTU Policy Office.

All forms of sexual harassment are considered violations of the Faculty Handbook Policy C09 (“Respectful Campus”). Under Policy C09, allegations of sexual harassment are processed pursuant to UAP 2730. If, after an investigation pursuant to this section, a finding is made that a faculty member committed any form of sexual harassment, including sexual violence or sexual misconduct, disciplinary action may be issued pursuant to Faculty Handbook Policy C07 (“Faculty Disciplinary Policy”). The Faculty Handbook is administered by the Office of University Secretary.

A student who experiences an act of sexual violence or misconduct committed by a another MTU student, staff or faculty member, or a visitor to the University, has the option of filing a complaint with MTU’s Office of Equal Opportunity. OEO is the University office that processes allegations of sexual harassment, sexual violence, and sexual misconduct pursuant to its Discrimination Claims Procedure. While OEO’s Discrimination Claims Procedure includes mediation as an option for resolving discrimination complaints, mediation will not be employed to address a complaint of sexual violence. OEO investigators are trained in investigating allegations of sexual violence and misconduct.

Outside of MTU, the Rape Crisis centre of Northern Cyprus and the Sexual Assault Nurse Examiner (SANE) provide their services to individuals who have experienced sexual violence or misconduct on a confidential and anonymous basis. The victim’s identity will not be disclosed to police or to MTU without the victim’s consent. Additional information about the Rape Crisis centre of Northern Cyprus and SANE can be found in this policy under Section 9 on “Resources Following an Act of Sexual Violence.”

If an individual reporting to a non-confidential MTU entity (see Section 7) that he or she experienced sexual violence or misconduct (“complainant”) requests that his or her name not be revealed to the alleged perpetrator (“respondent”), or asks the Northern Cyprus (TRNC) Law Coordinator not to investigate the allegations of sexual violence, the complainant will be informed that honouring the request may limit MTU’s ability to fully process the allegations, including pursuing disciplinary action against the respondent. The University’s prohibition against retaliation will also be explained to the complainant. If the complainant still insists that his or her name not be disclosed to the respondent, or continues to ask the University not to investigate the allegations, the Northern Cyprus (TRNC) Law Coordinator will determine whether the University can honour the request while still providing a safe and non-discriminatory working and learning environment for the complainant and others. The Northern Cyprus (TRNC) Law Coordinator will strive to abide by the complainant’s request. However, the Northern Cyprus (TRNC) Law Coordinator reserves the right to determine that it is essential to disclose the complainant’s identity and/or to investigate the allegations despite the complainant’s request not to in order for MTU to fulfil its obligations under Northern Cyprus (TRNC) Law. In such cases, the Northern Cyprus (TRNC) Law Coordinator will inform the complainant prior to starting an investigation and will share information only with University officials who are responsible for processing the allegations in the complaint and therefore need to know that information.

In all cases, regardless of a complainant’s request for anonymity, the governmental Law requires that disclosure of crimes of sexual violence or misconduct that occur on the MTU campus and on other property the University has control over (as defined under the Northern Cyprus (TRNC) Law must be reported for statistical purposes to the MTU Police Department, which is responsible for annually reporting crime statistics to the University community. However, such reports to MTU Police Department are for statistical purposes only and are not required to include the victim’s identity without his or her consent.

If the victim files a complaint with OEO and instructs it to investigate the allegations made, OEO will first make an assessment of whether it has jurisdiction to investigate the allegations made. If OEO does not have jurisdiction to investigate or otherwise process the allegations made, it will refer those issues to the appropriate body, if any. If it does have jurisdiction to investigate, as part of that investigation, OEO will make reasonable attempts to contact the respondent to notify him or her of the allegations made, his or her right to respond to the allegations made and present information he or she deems relevant to the matter, and OEO’s investigation procedure. If OEO is unable to contact the respondent or if the respondent elects not to provide a response to the allegations made or information pertinent to the matter, OEO will make its determination based on the information it is able to gather.

Once a complaint is filed, both the complainant and respondent have equal rights to present evidence to OEO during its investigation. Once its investigation is complete, OEO uses a preponderance of the evidence standard to evaluate the evidence and determine whether an act of sexual violence or misconduct occurred. The “preponderance of the evidence standard” means that, on evaluation of all of the evidence; it is more likely than not that the alleged act of sexual violence or misconduct occurred.

The evidence OEO gathers during its investigation will be maintained by OEO and kept confidential to the extent authorized by law and policy. Should a complainant or respondent appeal OEO’s determination or any sanctions issued by the Dean of Students (as provided below), OEO may be required to release the evidence upon which its determination is based to the appealing party or the entity to which the appeal is made or both.

If, after investigation, OEO finds that it is more likely than not that a student or visitor committed an act of sexual violence or misconduct (a Determination of Probable Cause), OEO will refer the matter to the Dean of Students Office to decide on the sanction to be imposed on the offender. If OEO makes a Determination of Probable Cause that a staff or faculty member committed an act of sexual violence or misconduct in violation of MTU policy, OEO will refer the matter to that individual’s chain of command to take appropriate action, including taking disciplinary action. Misconduct by staff and the imposition of disciplinary action is handled pursuant to UAP Policy 3215 (“Performance Management”), and faculty matters are addressed pursuant to the Faculty Handbook, specifically Policy B5 (“Separation from the University”) and Policy C07 (“Faculty Disciplinary Policy”). Appeals to the University Rector and the Board of Trustee are addressed in Section VI of the Discrimination Claims Procedure. OEO does not make any determinations regarding whether a respondent has committed an act of sexual violence or misconduct in violation of criminal statute. Rather, such determinations are the sole jurisdiction of state and governmental police and prosecutorial agencies.

In any disciplinary proceeding held by the Dean of Students Office, both the accuser and the accused are allowed to bring an advisor, including an attorney advisor. However, such advisors are not authorized to speak on behalf of the individual they are advising. Rather, the accuser and accused must present their own case during the proceeding, and advisors’ participation is limited to advising the person they are advising. In addition, both the accuser and accused will be notified in writing of the decision on sanctions to the extent permitted by the governmental Family Educational Rights and Privacy Act (FERPA), and both parties have the right to appeal the sanctions decision. More information about the disciplinary process used by the Dean of Students Office can be found in the Student Grievance Procedure. Article 4.4 discusses allegations of sexual violence, sexual misconduct, and sexual harassment.

Individuals who have experienced sexual violence or misconduct are encouraged to report the crime to the appropriate law enforcement authority. The Dean of Students Office is available to meet with a student to discuss and help implement interim measures, including academic adjustments, changes in on-campus living situations, issuance of “no contact” orders and other measures as needed. Interim measures may also be provided for staff or faculty who experience sexual violence or misconduct, as directed by the appropriate supervisory authority.

Under the University’s Student Code of Conduct, which applies to the Main Campus, a student who commits a violation of this Code, including an act of sexual violence or misconduct, is subject to the following possible sanctions:

 

  • Verbal warning– means an oral reprimand.
  • Written warning– means a written reprimand.
  • Disciplinary probation– means the establishment of a time period during which further acts of misconduct may or will result in more severe disciplinary sanctions depending upon the conditions of the probation. Conditions of probation can include community service, attendance at workshops and/or seminars regarding subjects including but not limited to alcohol, drug or safety workshops and/or seminars, mandatory mental health evaluation and/or counselling or other educational sanctions.
  • Suspension – means losing student status for a period of time specified in the terms of the suspension. A suspension may commence immediately upon a finding of a violation or it may be deferred to a later time.
  • Expulsion– means losing student status for an indefinite period of time. Readmission may not be sought before the expiration of two years from the date of expulsion, and it is not guaranteed even after that time.
  • Dismissal– means termination of student employment, either for a stated time period or indefinitely.
  • Barred from campus– means being barred from all or designated portions of the University property or activities.

Students living in MTU residence halls are subject to the following possible sanctions for misconduct occurring in the residence halls:

  • Housing reassignment – means the transfer of the student from one dorm room to another or one residence hall to another.
  • Restricted from entry into specific residence halls, dining hall, commons building, and other MTU housing facilities.
  • Contract termination – means the termination of the housing contract either for a stated period of time or indefinitely.

 

Under the University’s Visitor Code of Conduct, which applies to the Mora campuses, a visitor who commits a violation of this Code, including a sex offense, is subject to the following possible sanctions:

 

  • Verbal Warning– means an oral reprimand.
  • Written Warning– means a written reprimand.
  • Probation– means the establishment of a time period during which further acts of misconduct may or will result in more severe sanctions depending on the conditions of the probation.
  • Removal from campus– means being physically escorted or forcibly removed to a location off property owned or controlled by the University, by University Police Officers or other University agents.
  • Barred from campus– means being barred from all or designated portions of University property or activities.
  • The sanctions of denial of admission, readmission or employment by the University.
  • Additionally or alternatively, any sanction applicable to a student under the Student Code of Conduct may be provisionally applied to a visitor, to be made effective should the visitor ever enrol or re-enrol at the University.

Faculty who are found to be in violation of this policy may be subject to disciplinary action as provided in the Faculty Handbook Policy C07 (“Faculty Disciplinary Policy”).  Staffs that are found to be in violation of this policy may be subject to disciplinary action as provided in UAP 3215 (“PerformanceManagement”).

Figure 9: Investigation and Disciplinary Action

 

Investigation

·         OEO reviews report to determine jurisdiction.

·         OEO meets with reporting party (referred to as “complainant”) and responding party (referred to as “respondent”) to determine scope of investigation and explain procedure.

·         OEO gathers evidence from parties, analyses to determine if it demonstrates that a violation of University policy more likely than not occurred (referred to as the “preponderance of the evidence” standard).

·         OEO issues a Preliminary Letter of Determination (PLOD) finding that there is either probable cause or no probable cause that a violation of University policy occurred.

·         Complainant and respondent have two weeks to submit any new information that OEO has not considered or previously seen.

·         OEO issues a Final Letter of Determination (FLOD) either upholding the finding in the PLOD or altering it based on new information submitted.

Either party has two weeks to seek a discretionary review of the FLOD from the Office of the Rector.

Disciplinary Action

·         OEO forwards the matter to the Student Conduct Officer and/or Student Conduct Committee at the Dean of Students Office to determine what, if any, sanction to be imposed.

·         At either party’s election or when referred by the Student Conduct Officer, Student Conduct Committee will hold a formal hearing regarding discipline imposed or lack thereof.

·         Student Conduct Committee issues a formal decision on discipline imposed.

Either party has seven working days to appeal certain types of disciplinary action, as provided in the                                                                                                                                                    MTU Student Handbook, to the Dean of Students or Vice Rector of Student Affairs

 

  1. Northern Cyprus Definitions of Violence against Women Law Crimes

Stalking – “Harassment and Stalking Act”

 

“Harassment” means knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and that serves no lawful purpose. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress.

“Stalking” means knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when the person intends that the pattern of conduct would place the individual in reasonable apprehension of death, bodily harm, sexual assault, confinement, or restraint of the individual or another individual.  A “pattern of conduct” means two or more acts, on more than one occasion.

“Aggravated stalking” consists of stalking perpetrated by a person:

  • who knowingly violates a permanent or temporary order of protection issued by a court, except that mutual violations of such orders may constitute a defence to aggravated stalking;
  • in violation of a court order setting conditions of release and bond;
  • when the person is in possession of a deadly weapon; or
  • when the victim is less than sixteen years of age.

Domestic Violence “Crimes against Household Members Act” (includes dating violence)

Domestic violence” consists of assault or battery of:

  • a spouse or former spouse, or
  • parent, step-parent, in-law, grandparent, grandparent-in-law, co-parent of a child, or a person with whom a person has had a continuing personal relationship.
  • continuing personal relationship” means a dating or intimate relationship.
  • Cohabitation is not necessary to be deemed a household member for purposes of the Crimes against Household Members Act.

Assault against a household member” means:

  • An attempt to commit a battery against a household member; or
  • Any unlawful act, threat or menacing conduct that causes a household member to reasonably believe they are in danger of receiving an immediate battery.

Aggravated assault against a household member” means:

  • Unlawfully assaulting or striking a household member with a deadly weapon; or
  • Wilfully and intentionally assaulting a household member with intent to commit any felony.

Assault against a household member with intent to commit a violent felony” means any person assaulting a household member with intent to kill or commit any murder, mayhem, criminal sexual penetration in the first, second, or third degree, robbery, kidnapping, false imprisonment, or burglary.

Battery against a household member” consists of the unlawful, intentional touching or application of force against a household member when done in a rude, insolent, or angry manner.

Aggravated battery against a household member” consists of the unlawful touching or application of force against a household member with intent to injure that person or another.

Sexual Assault – Criminal Sexual Penetration, Criminal Sexual and Criminal Sexual Contact with a Minor

Criminal sexual penetration” is the unlawful and intentional causing of a person to engage in sexual intercourse, cunnilingus, fellatio, or anal intercourse or the causing of penetration, to any extent and with any object, or the genital or anal openings of another, whether or not there is any emission.

  • Criminal sexual penetration is a felony crime; the degree of the felony (first degree through fourth degree) depends on the age of the victim and the force or coercion used by the perpetrator.
  • Force or coercion” is defined and means:
  • the use of physical force or physical violence;
  • the use of threats to use physical force or violence against the victim or another;
  • the use of threats, including threats of physical punishment, kidnapping, extortion, or retaliation directed against the victim or another; or
  • committing a criminal sexual penetration or criminal sexual contact when the perpetrator knows or has reason to know that the victim is unconscious, asleep, or otherwise physically helpless or suffers from a mental condition that renders the victim incapable of understanding the nature or consequences of the act.

Criminal sexual contact” is the unlawful and intentional touching of or application of force, without consent, to the unclothed intimate parts of another who has reached his eighteenth birth day or intentionally causing another who has reached his eighteenth birthday to touch one’s intimate parts.  “Intimate parts” means the primary genital area, groin, buttocks, anus, or breast.

  • Criminal sexual contact is a felony crime if perpetrated by the use of force or coercion that results in personal injury to the victim, or if the perpetrator is aided or abetted by others, or when the perpetrator is armed with a deadly weapon.
  • Criminal sexual contact is a misdemeanour crime when perpetrated with the use of force or coercion.

Criminal sexual contact with a minor” is the unlawful and intentional touching of or application of force to the intimate parts of a minor or the unlawful and intentional causing of a minor to touch one’s intimate parts.  “Intimate parts” means the primary genital area, groin, buttocks, anus, or breast.  A “minor” is a person eighteen years of age or younger.

 

  1. Consent

 

In Northern Cyprus, the absence of consent is not an element of the crime of criminal sexual penetration.  What this means that a prosecutor does not have to prove beyond a reasonable doubt that sexual intercourse took place without the victim’s consent in order to convict the defendant of criminal sexual penetration.  A defendant can, however, claim as a defence to a charge of criminal sexual penetration that the accuser consented to the sexual act. Consent may be used to negate the element that “force or coercion” was used by the accused.  Consent is what is known as an affirmative defence to a charge of criminal sexual penetration because if the accuser consented, the sexual act would not have been unlawful. The Mesarya Technical University has adopted a definition of consent in this policy (see Section 3).

 

Footnotes:

 

 

 

– Policy 2745: Northern Cyprus (TRNC) Law Compliance

Date Originally Issued: October 21, 2019

Authorized by RPM 3.1 (“Responsibilities of the Rector”)

Process Owner: Northern Cyprus (TRNC) Law Compliance Officer

  1.     General

 

“Northern Cyprus (TRNC) Law” is a governmental law requiring institutions of higher education that receive governmental funding to collect and publish statistics about reports of certain crimes that occur on or adjacent to campus, or in other areas owned or controlled by the institution and frequently used by students.  In addition, institutions are required to adopt and publish policies related to campus safety and security. The purpose of this policy is to ensure MTU’s compliance with the requirements of the Northern Cyprus (TRNC) Law.  Any changes in the Northern Cyprus (TRNC) Law requirements will supersede the relevant provisions of this policy.

Many MTU offices and individuals are tasked with helping the University to comply with the requirements of the Northern Cyprus (TRNC) Law, including, but not limited to:  MTU Police Department and Campus Security, Northern Cyprus (TRNC) Law Compliance Officer, Athletics, Dean of Students Office, Residence Life and Student Housing, Vice Rectors, Deans, University Hospitals, Human Resources, Office of Equal Opportunity, Admissions Office, Student Health and Counselling, chartered student organization advisors, and other offices or individuals with significant responsibility for student and campus activities.

The Northern Cyprus (TRNC) Law requires the University to separately collect and publish statistics for the Mora campus; branch campuses; and MTU West (collectively “MTU campuses” or “campuses”).  The Northern Cyprus (TRNC) Law Compliance Officer oversees the Northern Cyprus (TRNC) Law compliance of all MTU campuses, including the branch campuses and MTU West.  Branch campuses and MTU West, which are addressed specifically in Section 6, have designed staff members who are responsible for fulfilling the requirements of the Northern Cyprus (TRNC) Law on their respective campuses.

  1. Requirements of the Northern Cyprus (TRNC) Law

 

In order to comply with the requirements of the Northern Cyprus (TRNC) Law, MTU must:

  • Compile statistics of reported Northern Cyprus (TRNC) Law crimes (see Section 3) that occur on the MTU campuses, the immediately adjacent streets and sidewalks surrounding the campuses, and in remote classroom and other facilities some distance away from the campuses that are owned or controlled by MTU and frequently used by students for educational purposes.  These areas constitute the “Law geography.”
  • Collect reports of Northern Cyprus (TRNC) Law crimes made to the MTU Police Department (which for the purposes of this policy includes the MTU Gallup Police Department and MTU Valencia Police Department unless indicated otherwise) other local law enforcement agencies, and, as defined in Section 4, Campus Security Authorities(CSAs).
  • Publish and distribute to all students and employees by October 1st of each year an Annual Security and Fire Safety Report (Law Report) which includes crime data for reports of Northern Cyprus (TRNC) Law crimes, fire incident data for MTU residential facilities, security policies, and procedures in place to protect the MTU community and information on the handling of threats, emergencies, and dangerous situations on campuses.
  • On an annual basis, report Northern Cyprus (TRNC) Law crime statistics and fire incident statistics to the Northern Cyprus (TRNC) Department of Education as required.
  • Identify CSAs on a regular and on-going basis and notify these individuals of their obligations under the Northern Cyprus (TRNC) Law to report any and all Northern Cyprus (TRNC) Law crimes that they witness, or are reported to them.
  • Provide mandatory training f