Policy Directory by Glossary Terms

Unwelcome conduct directed against a person based on one or more of that person’s protected characteristics or statuses, which conduct is so severe or pervasive that it interferes with an individual’s employment, academic performance or participation in University programs or activities, and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive.

Includes, but is not limited to, dusts, fibers, smoke, sprays, aerosols (including biologically-derived), gases, fumes and vapors.

A walk-through survey of work areas for the purpose of identifying sources of hazards to faculty, staff, or students. Basic categories that should be considered include but are not limited to: impact from flying objects, moving machinery or falling objects; penetration from sharp objects that can pierce the feet or cut hands; compression (roll-over of loads or heavy materials); exposure to harmful dust or chemicals; exposure to high heat or temperature extremes; exposure to light (optical) radiation from welding operations or work with lasers and electrical hazards; and exposure to noise.

According to the Environmental Protection Agency and the Virginia Department of Environmental Quality, any waste or combination of wastes which pose a substantial, present or potential, hazard to human health or living organisms because such wastes are non-degradable or persistent in nature or because they can be biologically magnified, or because they can be lethal, or because they may otherwise cause or tend to cause detrimental cumulative effects.

Hazardous (Chemical) Waste at the University of Virginia may include but is not limited to the following:

• Unwanted and expired chemicals.
• Waste from laboratory processes.
• Waste from maintenance processes.
• Waste from landscaping and turf management processes (e.g. fertilizers and pesticides).
• Waste from construction processes.
• Aerosol cans, fluorescent light bulbs, and ballasts.
• Damaged/defective batteries (e.g., lithium, lithium-ion).

Any chemical that can cause a physical and/or a health hazard. Hazardous chemicals include but are not limited to: cancer- causing agents (carcinogens), reproductive toxins (teratogen, mutagen), acute toxins, corrosives, irritants, sensitizers, and flammables.

Powerful equipment which presents risk of injury through mechanical or physical forces such as but not limited to: high speed cutting blades, drills, lathes, computer numerical control milling and routing machines, plasma cutters, systems involving high pressure or vacuum, etc.

Agents, whether solid, liquid or gas, that can harm persons or other living organisms, property or the environment. These would include materials which are radioactive, biological, flammable, explosive, corrosive, or toxic.

Hazardous chemical, biological, or radiological materials. A hazardous chemical is any chemical that can cause a physical and/or a health hazard. Hazardous chemicals include, but are not limited to, cancer- causing agents (carcinogens), reproductive toxins (teratogen, mutagen), acute toxins, corrosives, irritants, sensitizers, and flammables.

Any action or situation created by one or more members, advisors, or coaches of a student organization (including athletic teams) toward other organization members or prospective members that intentionally or recklessly threatens or produces mental or physical harassment, humiliation, fatigue, degradation, ridicule, shock, or injury. The action or situation is in connection with initiation, admission, affiliation, or ongoing membership in the organization, may occur with or without the consent of the participants, and may occur on or off University Property.

Examples of actions and situations that may constitute hazing include, but are not limited to, the following^*:

• Paddling;
• Kidnapping;
• All forms of physical activity which are used to harass, punish, or harm an individual;
• Forced excursions or road trips;
• Confinement;
• Spraying, painting, or pelting with any substance;
• Burying in any substance;
• Nudity with the intent to cause embarrassment;
• Servitude;
• Exposure to uncomfortable elements;
• Verbal abuse;
• Wearing of apparel that is conspicuous and/or indecent;
• Coerced consumption of alcohol or any other substance, legal or illegal;
• Being forced or coerced to engage in any kind of sexual activity;
• Depriving students of sufficient sleep (six consecutive hours per day is normally considered to be a minimum);
• Coerced burning, branding, or tattooing any part of the body;
• Psychological hazing, defined as any act which is likely to:
  
  • Compromise an individual’s dignity;
  • Cause an individual embarrassment or shame;
  • Cause an individual to be the object of malicious amusement or ridicule; or
  • Cause an individual emotional distress;
• Interrogating an individual in an intimidating or threatening manner;
• Misleading prospective members in an effort to convince them that they will not become members unless they complete tasks, follow instructions, change class/personal schedules, or act in a certain way;
• Misleading prospective members into believing that they will be hurt during induction or initiation;
• Carrying any items (shields, paddles, bricks, hammers, etc.) that serve no constructive purpose or that are designed to punish or embarrass the carrier;
• Blindfolding and parading individuals in public areas, blindfolding and transporting in a motor vehicle, or privately conducting blindfolding activities that serve no constructive purpose;
• Binding or restricting an individual in any way that would prohibit them from moving on their own;
• Requiring or suggesting that an individual obtain or possess items or complete tasks in an unlawful manner (e.g., for a scavenger hunt); and
• Prohibiting an individual from social contact or from associating with other individuals or groups.

Note: ^*Examples included in the list have been adapted from the Commonwealth of Virginia’s model hazing prevention policy as developed by the State Council of Higher Education for Virginia.

Freedom from physical pain or disease.

A doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices or any other person determined by the Secretary of Labor or person designated by the Secretary to be capable of providing health care services. Others capable of providing health care services include only podiatrists, dentists, clinical psychologists, optometrists, chiropractors, nurse practitioners and nurse-midwives authorized to practice in the state and performing within the scope of their practice as defined under state law. This includes Christian Scientist Practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts. Where an employee or family member is receiving treatment from a Christian Science Practitioner, such employee may not object to any requirement from an employer that the employee or family member submit to examination (though not treatment) to obtain a second or third certification from a health care provider other than a Christian Science Practitioner except as otherwise provided under applicable state or local law.

Data that require restrictions on access under the law or that may be protected from release in accordance with all applicable laws or regulations, such as Virginia Code § 18.2-186.6. Breach of Personal Information Notification. Highly Sensitive data (HSD) currently include personal information that can lead to identity theft. HSD also includes health information that reveals an individual’s health condition and/or medical history.

Specific examples include, but are not limited to:

• Any store or file of passwords or user-ids and passwords on any multi-user system or computer.
• Personal information that, if exposed, can lead to identity theft. This may include a personal identifier (e.g., name, date of birth) as well as one of the following elements:
  
  • Social security number;
  • Driver’s license number or state identification card number issued in lieu of a driver’s license number;
  • Passport number;
  • Financial account number in combination with any required security code, access code, or password that would permit access to a financial account;
  • Credit card or debit card number, including any cardholder data in any form on a payment card; or
  • Military Identification Number.
• Health information, which is any information that, if exposed, can reveal an individual’s health condition and/or history of health services use, including information defined by Health Insurance Portability and Accountability Act (HIPAA) as protected health information (PHI).
• Cardholder Data (CHD): Primary cardholder account number that identifies the issuer and a particular cardholder account, which can include cardholder name, expiration date and/or service code.

Note: Credit card numbers must never be stored either alone or in combination with any other identifiers.

Also considered HSD are any form of personally identifying information in combination with social security number (SSN), driver’s license number, passport number, financial account number and required security code, and/or military ID number. For example, computing ID and driver’s license number, or home address and SSN.

A person having origins in any of the Spanish-speaking peoples of Mexico, South or Central America, the Caribbean Islands, or other Spanish or Portuguese cultures and who is regarded as such by the community of which this person claims to be a part.

Includes any college or university established prior to 1964 whose principal mission was, and is, the education of black Americans; accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education.

A token of appreciation paid to an individual for services performed for which payment is not required. The services involved vary but are generally associated with oral presentations made at University sponsored functions. The arrangement between the individual and the University is informal. It does not involve a contract, and invoicing is not required. An employee may not receive an honorarium from the University.

A web-based content submission interface that provides the platform for content uploading, queuing, review, and approval prior to the content being added to a playlist (https://virginia.presence.io/form/hooview-submission-form).

A network of video display screens mounted in buildings on the University of Virginia Grounds which are connected to a cloud-based Content Management System (Visix hosted) maintained by Information Technology Services.

U.S. state or territory outside of the Commonwealth of Virginia in which an out-of-state educational activity occurs. All U.S. states and territories maintain the authority to define what educational activities require authorization in their jurisdiction. The University must ascertain and comply with all applicable authorization and reporting requirements.

A work arrangement where the employee works from an alternate work location at a state agency site that is closer to the residence of the employee than their University work site. The alternate work site may be any state agency work site that provides broadband internet access. 

The Fair Labor Standards Act currently defines “hours worked” as “all time spent in physical or mental exertion controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer or his business.” Hours worked include all time the employee in a non-exempt position is performing work for the employer. Paid time off, paid holidays, and other University special paid event times do not qualify as “hours worked.”

Furniture, appliances, and other items used for furnishing and maintaining a residence.

The current human resources management system or human resources information system used for tracking and maintaining an electronic record of employee time and attendance, leave, benefits administration, pay details, performance management, and related human resources documentation.

An individual, including that individual’s data and biospecimens, who meets the definition of “human subject” in 45_CFR_46 and/or 21_CFR_56 and/or “subject” in 21_CFR_812.

All research meeting the definition of ‘research’ performed with ‘human subjects’ as defined in the Federal Common Rule (45CFR, Part 46 and 21CFR Part 56), regardless of the source of research funding or whether the research is otherwise subject to federal regulation. In the event that the Common rule definitions of ‘human subject’ or ‘research’ are modified through rulemaking, any such revisions shall apply for the purposes of this policy.

The use of force, fraud, or coercion to obtain some type of labor or commercial sex act (refer to 22 U.S. Code Chapter 78 – Trafficking Victims Protection).

A logo, text, or other identifier incorporating a link to a Web site external to the University of Virginia, placed on a UVA Web page without compensation.