Code of Business Conduct
A Message from Our Chief Executive Officer
Team,
Each one of us has a role in Option Care Health’s culture and supporting our reputation as a trustworthy and
ethical company among our patients, their caregivers, referral sources, business partners, investors and team
members.
Our purpose as a company is to provide extraordinary care that changes lives. To that end, we are dedicated
to delivering high quality products and services. Our customer focus continuously drives us to improve and
our strong values enable us to stand behind everything we do.
The Option Care Health Code of Business Conduct is designed to guide our efforts to demonstrate the
highest standards of integrity in the work we do each and every day. Integrity, honesty and compliance
should lead our decision-making. Making good decisions and ethical choices builds trust across our teams
and business relationships as well as those we serve.
Each team member is expected to understand and act upon the Code of Business Conduct and reach
out with questions, report concerns or ask for help in difficult situations. We expect our leaders to foster
an environment where our team members feel free to ask questions and raise concerns when something
doesn’t feel right.
We are committed to investigating and resolving issues as well as learning and acting on opportunities that
are brought forward. Our Compliance & Privacy Program is designed to support our team members and our
business through this process. Our Human Resources, Legal and Compliance & Privacy teams are trusted
partners in helping our teams comply with the regulations, laws and standards we are expected to follow.
Thank you for contributing to the culture of compliance at Option Care Health.
Sincerely,
John C. Rademacher
President and Chief Executive Officer
Section 1: Our Code, Our Responsibilities
Why We Have a Code of Conduct
The Code of Business Conduct (the “Code”) serves as an important resource to support our day-to-day decision making and show our commitment to the highest ethical standards. The Code
does not cover every situation that may arise, but guides us in how we demonstrate our values
when interacting with our co-workers, patients, referral sources, payers, vendors and suppliers
and other business partners.
Our Purpose: To Provide Extraordinary Care that Changes Lives.
Our Mission: To transform healthcare by providing innovative services that improve outcomes, reduce costs
and deliver hope for patients and families.
Our Values: Trust – Do what is right, Compassion – Consistently show understanding and respect for each other and everyone we serve, Quality Results – Deliver excellence and value in everything we do, One Team – Collaborate to problem solve, innovate, and execute, Sense of Urgency – Act with pace and focus to effectively meet changing needs
Who the Code Applies To
This Code applies to every team member at Option Care Health, which includes our parent, affiliate and subsidiary entities. As used in this Code of Business Conduct (the “Code”), terms such as “we”, “our” or “us” refer to Option Care Health and its affiliates and subsidiaries, including but not limited to Naven Health. Our team members include full time, part time, and per diem employees, temporary staff, independent contractors, subcontractors, contingent workers and the Board of Directors, when doing work on behalf of Option Care Health. The same standards apply to all, regardless of job or level in the organization.
Team Member Responsibilities
Our business depends on each team member making good decisions, building trust and acting with integrity. Misconduct can negatively impact Option Care Health’s reputation and
take away from the hard work that thousands of our team members do each day.
Our team members must show a commitment to our values through their actions and promote an environment where compliance is expected. Team members are responsible for
knowing and following the laws, regulations and policies that apply to them.
Examples of laws, regulations and rules that team members
must respect and follow include:
• State and federal laws on pharmacy and nursing practices
• State and federal privacy, security and confidentiality laws
• Federal healthcare program requirements, such as Medicare and Medicaid
• Laws intended to detect and prevent healthcare fraud, waste and abuse
• Generally Accepted Accounting Principles (“GAAP”)
No one should ever ask or expect another team member to break the law, bend the rules or otherwise act outside of a policy, rule, law or regulation. If you have any questions about applying the Code or about a situation not covered here, it is your responsibility to seek guidance as outlined.
Leader Responsibilities
Our leaders play a special role in fostering a culture of compliance and integrity. From Supervisors, Managers and up the chain of command to our Executives and Board of Directors, how we make decisions and handle concerns impacts our culture and our business relationships. All leaders are expected to model our Leader Behaviors: Integrity, Drive for Results, Customer Focus, Problem Solving, Perseverance and Courage.
Leaders support our culture of compliance by:
• Talking about ethics and integrity, encouraging questions and responding to concerns
• Making it clear that work and achieving results should be done in an ethical manner
• Leading by example by modeling ethical decision-making and taking the right actions
• Making sure your direct reports know you will listen and hear their concerns
• Escalating concerns to get proper resolution
Guidelines for Ethical Decision-Making
Making good decisions is how we show our team members, patients and those with whom we do business that we are committed to acting with integrity. Team members may encounter situations where it is not clear what steps to take. In these cases, make sure you reach out for guidance.
Consider these questions before making a decision:
• Is this legal, ethical and socially responsible?
• Does this comply with our policies, our code and our values?
• Will this appear appropriate?
• Would Option Care Health be embarrassed if this were to become known publicly?
If you’re not certain, seek advice before moving forward. You can:
• Check with supervisors, managers or their bosses
• Talk to your Human Resources Business Partner about Human Resources matters
• Raise clinical and patient care questions to Area Clinical Directors or Corporate Clinical Team
• Seek guidance on billing and coverage matters with the Reimbursement Team
• Contact the Legal Department on legal matters and questions on laws and regulations
• Reach out to the Compliance Team on policies, patient privacy matters and this Code
• Approach any other department as needed. We are all on the same team and are committed to serving our patients and conducting our business with integrity.
Section 2: Reporting and Recognizing Issues
Speaking up when you think something may be wrong takes courage. We want our team members to feel comfortable raising matters of genuine concern. We count on our teams to bring issues forward and we won’t tolerate retaliation in any form. Team members don’t need to have all the details or be sure something is wrong to raise an issue. Keep in mind you always have the ability to report concerns anonymously through our hotline. We take reported matters seriously and will promptly investigate them and take the necessary corrective steps. See the Contact Compliance section for contact details.
Compliance reporting and Non-Retaliation
Violating or encouraging anyone to violate the Code, policies and procedures, laws or regulations can lead to serious consequences for both Option Care Health and individuals, which includes legal proceedings and in some circumstances, civil and criminal penalties or fines. We need every team member and those with whom we do business to help prevent violations of this Code. It’s important to report your concerns promptly so we can start an investigation or take other necessary actions without delay.
Examples of what to report:
• Conflicts of interest
• Billing, accounting or financial concerns
• Possible patient privacy issues
• Any falsification of documentation or records
• Suspected fraud
• Theft or loss of equipment, supplies or data
• Discrimination or harassment
• Any potential violation of laws or regulations
• Violations of this Code or Option Care Health Policy
Individuals reporting concerns in good faith will be treated respectfully and will not be subject to any form of retaliation, regardless of whether the investigation confirms or disproves the concern. Reported information is handled discreetly and shared only with those who need to know, such as those who are involved in investigating and resolving the issue or regulators as required.
Option Care Health will protect any team member who raises a concern honestly. However, it is a violation of the Code to knowingly make a false accusation, lie to investigators or interfere or refuse to cooperate with an investigation, audits, accounting reviews, lawsuits and government proceedings. Retaliation against anyone who cooperates in these kinds of activities will be treated as a violation of this Code.
Review our policy: Compliance Reporting and Non Retaliation (CCP-002)
Compliance & Privacy Program
Option Care Health’s Compliances & Privacy Program is designed to support and promote ethical conduct throughout our company. Our Chief Compliance Officer leads this program and also serves as our Privacy Office. The Chief Compliance Officer reports to our Chief Executive Officer and also reports to the Quality and Compliance Committee of the Board of Directors. The Compliance & Privacy Program is staffed with team members who help ensure we are following laws, regulations and company policies and procedures. The Compliance & Privacy team also conducts investigations, develops training and education and performs monitoring and auditing along with other work to support our business.
Contact Compliance
The Compliance & Privacy Team welcomes and encourages team members to contact them anytime with questions or concerns.
• Email the Compliance Team at OC-Compliance@optioncare.com
• Email, call or write to the Chief Compliance Officer directly at corporate office
Chief Compliance Officer
Option Care Health
3000 Lakeside Drive, Suite 300N
Bannockburn, IL 60015
• Report using the Compliance Hotline
By phone: 844.279.8889
Online at: http://www.optioncarehealth.ethicspoint.com
Reports made through the hotline may be anonymous.
Investigations and Corrective Actions
Option Care Health has processes in place to ensure internal investigations are conducted promptly, thoroughly and fairly. Once a report is received, the Chief Compliance Officer or other designee, starts a confidential investigation of the matter. Investigations may involve other leaders, subject matter experts and Board of Directors Committee, as needed, to make a determination on whether a violation has occurred. Those involved with investigations will keep them confidential within the limits allowed by law. Team members and leaders should not interfere with investigations and are expected to fully cooperate through completion of any corrective action. Results of investigations are shared with those who are reporting concerns and the necessary leaders and respective Board of Director’s Committee as needed to address findings and ensure proper corrective action is taken. Depending on the situation, corrective action may include:
• Re-training
• Policy or process revisions
• Refunds of claims or payments, billing corrections
• Disciplinary action up to and including termination or removal of a Board Member or Corporate Officer
The Compliance and Legal Departments handle notifications of violations to government authorities, our payers or other
necessary third parties.
Review our policy: Compliance Investigations Policy (CCP-080)
Section 3: Our Standards
Conflicts of Interest
Business decisions should be made with integrity and not influenced by a conflict of interest. Even the appearance of a conflict of interest can damage our reputation and the trust others place in us. Team members are expected to avoid situations that may give even the appearance of a conflict of interest.
A conflict of interest exists when:
• Personal, social or financial interests, duties, obligations or activities or those of a family member are, or may be, in conflict with the interests of Option Care Health.
• Outside activities and interests affect your objectivity, judgment, motivation or performance of duties to Option Care Health.
• A team member, or members of their family, receives personal benefits as a result of his or her position in Option Care Health.
Any potential or actual conflict of interest is to be promptly disclosed and brought to Option Care Health’s Compliance Officer for independent review and guidance.
Review our policy: Conflict of Interest Policy (CCP-045)
Gifts, Meals & Entertainment
Team members are responsible for knowing and following Option Care Health policies that cover gifts, meals, entertainment and properly submitting expenses. Leaders are expected to make sure their teams know and follow these rules and only approve expenses that meet policy.
• No gift, meal, entertainment, loans, charitable contributions or other business favors, should be accepted, offered or given if it could be seen as an attempt to influence decision-making or present a conflict.
• Asking for gifts, services or contributions from Option Care Health vendors, suppliers or other business partners for yourself, family members or our company is not allowed.
• Gifts of cash, gift cards, gift certificates, checks or any other cash equivalent may never be given or accepted by team members.
Any gift, meal or other item given to healthcare providers and their staff as well as to any patient must be infrequent and limited in value to amounts set in the applicable policy. No gift of any kind, including meals should ever be offered or presented to any government official.
Review our policies: Gift and Entertainment Policy (CCP035), Review of Grants, Donations & Other Charitable Giving Requests (OP-Ad-034) and Travel and Expense Management
Policy (FIN-013-01)
Charitable Contributions
Option Care Health looks to support charitable and professional organizations that serve our patient populations, provide continuing education for clinicians or provide humanitarian relief in our communities. Any charitable contribution made on behalf of Option Care Health must be approved by the Executive Leadership Team. Team members may not commit Option Care Health to any charitable gift or donation without prior Executive Leadership Team approval.
Examples of charitable contributions include:
• Monetary payments to a fundraising drive
• Donation of a gift basket or door prize for an event
• Paying for food and beverage service at an organization’s gathering
• Providing services or work without charging for them Team members should always seek guidance from the Compliance & Privacy Team prior to making donations or other charitable contributions on behalf of Option Care Health.
Review our policy: Review of Grants, Donations & Other Charitable Giving Requests (OP-Ad-034)
Political Contributions & Lobbying
Political contributions by Option Care Health are made in accordance with law and properly recorded. Team members are encouraged to personally participate in the political
process by voting or otherwise supporting candidates of their choice. However, team members may not make or commit to political contributions on behalf of Option Care Health
without prior approval from the Legal Department. If you express a personal view in a public forum (such as on social media platforms or a letter to the newspaper) do not use Option Care Health letterhead, Option Care Health e-mail or reference your business address or title without prior approval from the Legal Department.
In addition, the following rules apply:
• Option Care Health will not reimburse employees for personal political activity.
• Your job will not be affected by your personal political views or choice in political contributions.
• Do not use Option Care Health’s reputation or assets, such as phones, copiers, computers or supplies or your time at work to further your own political activities or interests.
Section 4: Records and Information
Maintaining Accurate Records
Accurate records are essential to Option Care Health’s business. They help us meet requirements to provide full, accurate and timely information as well as handle our financial reporting and business transactions with integrity. There is never a reason to make false or misleading entries or documentation. Records consist of all forms of information created or received by Option Care Health, whether originals or copies, in any format such as paper documents or electronic files and data.
Some examples of our records include:
• Patient clinical records, bills and claim information
• Quality reporting and monitoring documents
• Accounting and financial data, travel and expense documentation or purchase records
• Payroll, time records, benefit and compensation information or personnel files
• Referral source data and sales reports
Team members are responsible for making sure that information they handle meets Option Care Health policies and procedures and is in keeping with standards that apply to their roles such as patient record requirements or Generally Accepted Accounting Principles (“GAAP”). Our records are to be kept secure, current and available to those with a need to know on a timely basis on Option Care Health approved devices and systems.
Option Care Health team members will not destroy records before the retention time expires and will properly dispose of materials once that period is met, consistent with our Record Retention Policy (CCP-040) or as directed by our Legal Department due to a legal matter or investigation. We rely on our team members to ask questions, voice concerns and report situations in which they suspect or are aware that any of Option Care Health’s documents or records are being kept inaccurately, or if they are pressured to prepare, alter, conceal or destroy documents in violation of
policy.
Examples of what to report:
• Misleading, incomplete or false documents of any kind
• Records that are not properly retained or improperly destroyed records
• Dishonest statements to an accountant, auditor, attorney or government official
Report concerns about false or misleading records immediately to your manager, the Chief Financial Officer, the General Counsel’s Office or the Compliance Department. Executive Leadership and the Board of Directors will take steps to properly address any situations suggesting violations of laws, rules and regulations.
Confidential Information
All team members are expected to protect the confidentiality of our patients by observing our policies for proper handling and releasing patient information. Information related to our patients is subject to both federal regulations such as the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, 45 CFR Parts 160 and 164 (“HIPAA”) as well as state laws.
Examples of patient identifiers that are Protected Health Information (“PHI”) that must be protected under HIPAA include a patient’s:
• Name, address, phone number, email address
• Date of birth and Social Security number
• Medical record number and health insurance plan number
Items that contain confidential information such as work papers and forms as well as devices, including cell phones, tablets, laptops and computers, must be stored securely. Team members should understand information security risks related to protecting information and follow guidance to avoid compromises.
Team members will follow Payment Card Industry Data Security Standards (PCI-DSS) ensuring credit card information is not entered into or included in email, text messages or other software or applications other than our secure payment portal.
Team members are expected to promptly report any potential or actual compromise of patient information right away to OCPrivacy@optioncare.com.
Review our policies: Access, Use and Disclosure of Information (CCP-100), Handling Sensitive Information Offsite (CCP-055), Privacy Incident Reporting and Procedure (CCP-010), PCI Compliance (IT-OC-016) and Messaging and Collaboration (IT-OC-009)
Assets & Information Technology Resources
All physical and technology assets provided to team members, whether used inside or outside the workplace, are the property of Option Care Health and are for business use. Use Option Care Health assets for legitimate business needs and safeguard them against theft, loss, cyber-related attack or misuse.
Our assets include:
• Physical assets, such as office furnishings, equipment and supplies
• Technology assets, such as computers, mobile devices, software and information systems
• Financial assets, such as cash, securities and credit cards
• The Option Care Health name, its brand and our customer relationships
• Intellectual property, including information about products, services and systems
Option Care Health reserves the right to access, retrieve, read or otherwise monitor all asset usage.
Review our policies: Team Member Handbook and Acceptable Use (IT-OC-006)
Government Requests & Legal Matters
Option Care Health will cooperate and provide accurate and truthful information in response to requests from government agencies and in legal matters. The Legal Department will
provide guidance on release and responsive information to these kinds of requests.
Team members are expected to contact the Legal Department promptly upon:
• Accepting service of a subpoena, warrant or other investigative demand on behalf of any Option Care Health entity
• Receiving law enforcement requests involving our patients and business
• Becoming aware of a possible or actual lawsuit or government investigation
Section 5: Avoiding Fraud and Corruption
It is never acceptable to take part in any activity that involves theft, fraud, embezzlement, extortion or misuse of Option Care Health property. Participation in a fraud may occur if someone conceals, alters, falsifies or leaves out information in our records either for their own benefit or does so at someone else’s direction. Team members are expected to refuse to participate in such
activities and report any suspicions.
False Claims Act
Option Care Health and our team members are prohibited from knowingly submitting claims for payment to federal or state healthcare programs, like Medicare or Medicaid, that have false or fraudulent information in violation of the False Claims Act (31 U.S.C. 3729-3733). Concerns related to false billing must be directed to the Compliance Department for
investigation.
Review our policy: False Claims Prevention Policy (CCP-008)
Foreign Corrupt Practices Act
The U.S. Foreign Corrupt Practices Act (15 U.S.C. 78dd-1, et seq.) or “FCPA”, prohibits and makes it a crime for any payment of money, or anything else of value, to be given to any foreign government official for the purpose of inducing or influencing their actions in any way.
“Anything of value” is broadly defined and can include things such as:
• Cash, gifts, meals, entertainment, travel and lodging and personal services
• Charitable donations, business opportunities and offers of employment
Examples of “Foreign Official” include any person outside of the United States who works for, or at, a government department or agency, a corporation with government ownership and employees of public international organizations such as The World Bank or The Red Cross.
Review our policy: Foreign Corrupt Practices Act Policy (CCP-070)
Bribery and Kickbacks
Business with our patients, customers, suppliers, business partners and government agencies (including U.S. and nonU.S. governments) must be conducted without giving even the appearance of engaging in bribery or kickbacks.
• Bribery involves a situation where something of value is given to a current or prospective business partner with the intent to improperly obtain business or influence a business decision.
• Kickbacks are agreements to give a sum of money, or something of value, to another party in exchange for making referrals or arranging a business transaction.
The Anti-Kickback Statute (42 U.S.C. 1320a-7b) and also the Physician Self-Referral Law or “Stark Law” (42 U.S.C. 1395nn) prohibit and make it a crime for healthcare providers to receive or give anything of value in exchange for referrals of patients who will receive treatment paid for by a government healthcare program such as Medicare or Medicaid. Be sure to review any proposed payment, gift or arrangement with a healthcare provider with either the Compliance or Legal Department.
Anti-Money Laundering
Option Care Health is committed to full compliance with anti-money laundering laws and will only conduct business with reputable companies and individuals involved in legitimate business activities. Money laundering involves converting illegal proceeds so that funds are made to appear legitimate. We take steps to detect and prevent money laundering by requiring transparency and knowing the identity of all parties in our financial transactions.
Be alert for:
• Requests for cash payment or checks from an unknown third party
• Unusual transfers to or from countries not related to the business transaction
• Requests to avoid recordkeeping requirements
• Transactions which don’t match the customer’s or client’s normal pattern of activity
Insider Trading
We maintain trust with our investors and the public by respecting financial laws, including those which prohibit insider trading. Insider trading refers to any transactions made based on material information that is not available publicly, for example, through a press release or SEC filing. Information is considered “material” if it would likely be viewed as important by investors who are considering trading Option Care Health’s stock.
Examples of information that could be material are:
• Information about possible business deals, such as a merger, purchase, sale or joint venture
• Financial results or forecasts, management changes, major lawsuit or regulatory investigation
• New products or services, product shortages, loss or gain of a significant customer or supplier
If you are uncertain about the rules on the purchase or sale of Option Care Health securities, contact our Legal Department or the General Counsel before making a transaction.
Review our policy: Blackout Periods and Securities Trades by Option Care Health Personnel (HR Policy)
Section 6: Fair Trade and Competition
Anti-Trust
Option Care Health is committed to fully complying with state and federal anti-trust laws and expects team members to avoid even the appearance of situations that could be viewed as anti-competitive. Team members must not discuss Option Care Health customers, business prospects, pricing or other aspects of our business with any representatives of our competitors.
Violations of anti-trust and competition laws may include discussing or making an agreement with a competitor regarding:
• Pricing, discounts or contract terms
• Sales policies, marketing plans or market areas
• Customer selection
Contact the Legal Department with any questions about anti-trust and competition laws.
Review our policy: Anti-Trust Compliance Policy and Guidelines (CCP-075)
Procurement and Business Partner Relationships
Option Care Health relies on our vendors, suppliers, contractors and other business partners to help us accomplish our goals. Business partners are selected on a competitive basis based on total value, which includes quality, suitability, performance, service, technology and price. Team members involved in purchasing and procurement are expected to know and comply with all government procurement rules applicable to our business.
Team members should work appropriately with our business partners by:
• Using established corporate-wide or regionally contracted vendors and suppliers
• Verifying availability, quality and service is in alignment with business needs
• Making sure contracts clearly state services or products to be provided and related fees
Option Care Health is committed to following human rights and labor laws and regulations and seeks business partners who do the same.
Option Care Health will not knowingly use vendors or suppliers who:
• Supply unsafe products or services
• Violate laws or regulations or are excluded from doing business with the U.S. government and/or within the United States
• Do not support fair labor practices such as fair wages, use of child labor or forced labor
Anti-Boycott
Option Care Health does not cooperate with foreign boycotts that are not approved by the U.S. government. If you receive a request related to any boycott, contact the Legal Department prior to responding to the request.
Exclusion Screenings
Federal law prohibits transactions with certain persons or entities that have violated regulations and laws and have been excluded from participating in federally funded programs, such as Medicare and Medicaid, as well as export-related laws or those believed to pose a threat to national security. We perform screenings of companies and individuals we do business with and hire at the initiation of the arrangement, and monthly thereafter, to ensure they are not on U.S. government restriction, sanction or exclusion lists.
Review our policy: Excluded Provider Screening (CCP-015)
Environmental Stewardship
Option Care Health seeks to align our social and environmental efforts with our business goals. Team members whose work affects environmental compliance are expected to be completely familiar with the permits, laws and regulations that apply to their work. All team members are expected to be mindful of conducting our business in a way that is protective of the environment.
Examples include:
• Using recycling bins
• Limiting printing and copying papers
• Proper handling of drug waste
Section 7: Our Workplace
Each team member is responsible for creating a culture of trust and respect, which promotes a positive work environment. Option Care Health seeks to provide a safe and healthy workplace for
team members, patients, business partners and visitors.
We show our commitment by:
• Following equal employment opportunity principles and prohibiting discrimination in hiring and business dealings on the basis of an individual’s race, color, ancestry, age, sex, sexual orientation, religion, disability, ethnicity, national origin, veteran status, marital status, pregnancy or any other status protected by law
• Providing reasonable accommodations to individuals with disabilities
• Prohibiting harassment or hostile work environments
• Prohibiting weapons, explosives or firearms within our workplaces and any threats or acts of violence at work
• Keeping a substance abuse/drug and alcohol-free workplace
• Observing all safety and health rules, practices and laws that apply to our jobs
• Immediately reporting accidents, injuries, occupational illnesses, unsafe practices or conditions
Option Care Health expects team members to promptly report concerns related to our workplace so that they may be investigated and addressed in a timely manner. See the Team Member Handbook for additional information.
Section 8: Media & Marketing
Media Requests
To ensure requests are handled appropriately, all requests from media, financial analysts, stockholders and industry analysts should be forwarded to our Marketing Department for proper internal routing and response.
Social Media
All Option Care Health branded social media accounts or use of the Option Care Health logo must be approved in advance by our Marketing Team. Team members who use social media or otherwise engage in online communications must not post information related to our patients, business partners or aspects of our business activities without prior approval. Sharing information about our patients without appropriate consent could create a HIPAA violation.
Examples of “social media” include:
• Internal discussion forums like Bonfyre
• Blogs, podcasts, chat rooms, websites or online journals
• Social networks such as LinkedIn, Facebook, Twitter and Instagram
Review our policies: Team Member Handbook, Social Media Policy (IT-OC-024) and Acceptable Use (IT-OC-006)
Truth in Advertising & Marketing
Option Care Health and our team members will accurately describe our services and products in our marketing, advertising and sales materials and communications. Deliberately misleading messages, omissions of important facts or false claims about our products, individuals, competitors or their products, services or employees are inconsistent with our values and this code.
Section 9: Compliance with this Code
Team members should not hesitate to ask questions about whether any conduct may violate this Code or Option Care Health policies. In addition, we expect team members to be alert to possible violations of the Code by others, voice concerns and report suspected violations, without fear of any form of retaliation. All team members are accountable for following this Code. Violations of the Code will not be tolerated and may result in disciplinary action up to and including termination.
