Office
of State Personnel and University of North Carolina Office
of the President Agreement
The Office of
State Personnel and the University of North Carolina Office of the
President agree that the attached “Guidelines” shall
govern the interpretation and application of the terms “instructional” and “research” as
used in Section 126-5(c1)(8) of the North Carolina General Statutes.
These Guidelines update and replace those agreed to in September
1996, by Ronald G. Penny, then State Personnel Director, and C.D.
Spangler, Jr., then President of the University of North Carolina.
- For the Office of State Personnel:
Thomas Wright, Director
Date: November 30, 2001
- For the University of North Carolina:
Molly Corbett Broad, President
Date: December 11, 2002
Application of the Guidelines for interpreting General Statue
126-5(c1)(8) may require a prospective change in the status of
a position from EPA (exempt from the State Personnel Act) to SPA
(subject to the State Personnel Act), or vice versa. The incumbent
of a position that is subject to such a change in status shall
have the option of requiring that the change not be made for the
duration of his or her continued occupancy of the position.
The option may be exercised within 15 business days after the
employee receives written notice from the employer that the position
is subject to a change in status. Exercise of the option must be
confirmed in writing cosigned by the employee and the employer,
on a form jointly approved for such purposes by the Office of State
Personnel and The University of North Carolina. The form shall
include a certification that the affected employee either (1) asked
for and received or (2) was apprised of but declined the opportunity
to receive from a staff representative designated by the employer
a written summary of conclusions concerning differences, if any,
between SPA and EPA status of the position with respect to:
a. methods of calculating compensation;
b. both statutory-mandated and other employer-provided benefits;
and
c. policies and procedures governing nondisciplinary termination
of employment; discharge, suspension, demotion or other disciplinary
action; and the consideration/resolution of grievances, all as
of the effective date of the signed choice of option.
Once such an option has been chosen, it may not be rescinded thereafter
except by mutual written agreement of the employee and the employer.
An incumbent who has chosen the option to maintain the status quo
thereafter may not be removed involuntarily from the position for
the purpose of effecting a change in the status of the position.
However, when the incumbent who chose that option thereafter vacates
the position thorough resignation, retirement, or discharge for
cause, the change in status required by application of the Guidelines
shall be effective immediately.
Guidelines
Interpretation of 126-5(c1)(8): Instructional Positions* Positions qualifying
for designation as "Instructional" are
characterized by the following:
a. The duties
must be associated with the regular academic and educational
experiences provided by the university, or be uniquely
supportive of those academic and educational experiences, and must
involve significant and independent interaction with participants
in the University’s instructional and educational program.
b. The position must require that a substantial proportion of
the work commitment is devoted to instructional activities or to
the direction of educational/academic supportive activities.
c. The position requires the exercise of discretion in determining
the nature and content of the instructional or educational activities
assigned and evaluating their effectiveness.
d. The position requires possession of post-baccalaureate credentials
or equivalent independent experience in comparable instructional
or educational activities.
The following roles represent these characteristics:
Instructing
Positions whose primary purpose is to determine course
content, teach, and evaluate enrolled students.
Academic
Advising Positions whose primary purpose is to advise
students on academic matters such as selection of a major area
of study, course selection, and academic performance.
Academic
Preparation and Enhancement Positions whose primary purpose
is to improve academic preparation through such means as tutoring
and supplemental instruction or to direct programs designed to
enhance the educational experience of enrolled students or of targeted
secondary school students to help prepare them for post-secondary
education.
Co-Operative
Education Positions whose primary purpose is to develop
co-operative education experiences for students with employers,
monitor progress, and evaluate student performance with direct
impact on grade assignment.
Laboratory
Management Positions whose primary purpose is to manage
practical experience/research laboratories and that participate
in selection of experiments, protocols, and procedures which best
support the instructional or research goals and in evaluating progress
towards those goals.
Instructional
Consulting Positions whose primary purpose is to
assist, advise, and critique faculty and other instructional staff
on instructional matters such as course content, curriculum structure,
and instructional technique.
Instructional
Technology Positions whose primary purpose is to utilize a variety
of telecommunications and/or advanced media-based
technology to plan, design, and administer distance education curricula
and/or programs in support of instructional and research activities
that are directly related to the institution’s academic mission.
Continuing
Education Positions whose primary purpose is to design and deliver
courses, seminars, etc., extending the benefit of the
institution’s regular academic and research activities to
participants.
Coaching
Positions whose primary purpose is to coach student athletes
for teams sponsored by the institution.
Academic
Standards Positions whose primary purpose is to develop
9/16/09 8:12 PMr degree granting
programs.
Student
Support Services Positions whose primary purpose is to develop, direct
and administer services for students and/or faculty
that have a direct impact on the quality of students’ educational
experiences and are directly linked to the institution’s
academic programs. These positions include professional staff that
design and deliver programs and seminars that involve direct interaction
with students and enhance the overall academic and learning experience
outside of a formal classroom setting.
Professional
Librarian Positions whose primary purpose is to support
instructional and research activities by advising students and
faculty on the selection and effective use of library resource
materials and by working with faculty on instructional and research
matters such as collection development.
Counselor
Positions requiring credentialed professionals whose
primary purpose is to: provide clinical and developmental counseling
or psychological services to students to enhance their psychological
growth, emotional well-being, and learning potential; and, advise
academic and academic support program directors of special needs,
trends, and suggested program revisions based on the interaction
with the student population.
*Positions
directing staff that qualify as "Instructional" also
qualify as "Instructional."
Guidelines
Interpretation of 126-5(c1)(8): Research Positions** Positions qualifying
for designation as "Research" are
characterized by the following:
a. The position must require substantial independence in creative
or research efforts and in the interpretation and dissemination
of research results.
b. The duties
must be integral with the University’s instructional
or research activities and represent an extension of the regular
academic and education experience provided by the University.
c. The position must require that a substantial portion of the
total work commitment is devoted to those research activities.
d. The position requires possession of post-baccalaureate credentials
or a comparable record of independent research productivity.
The following represent these characteristics:
Academic
Research Positions whose primary purpose is to serve
as principal investigators or research associates for primary or
secondary research projects that may advance or enhance a field
of academic learning. These positions function with substantial
independence and expertise in research design, implementation of
research procedures, data analysis, and interpretation of results.
Research
Administration Positions whose primary purpose is to direct staff serving as
principal investigators assigned to research
projects; or positions that serve as directors of sponsored research,
including determining if project proposals are consistent with
the institution’s academic and research policy, advising
staff on the development of project proposals, and negotiating
with sponsoring agencies particularly as it relates to terms and
conditions that affect academic freedom and ownership of the product.
Institutional
Research Positions whose primary purpose is to direct staff in
the collection of data and information concerning students,
faculty, facilities and related items used for reporting and directly
supports the institution’s planning and assessment processes.
Academic
Computing Positions whose primary purpose is to direct staff in providing
electronic data processing services that directly
support the institution’s academic and research missions.
Community
Service Positions whose primary purpose is to direct staff in the development
and administration of programs which focus
the academic resources and research products of the institution
on the resolution of community and regional issues and foster the
incorporation of these issues in the institution’s academic
research programs.
**
Positions directing staff that qualify as "Research" also
qualify as "Research." |
