NC State University

Procedures for Determining the Classification of EPA Positions

REG 05.15.1

Employment - EPA
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Authority: Board of Trustees

History: First Issued: April 22, 1997. Last Revised: May 25, 1998.

Related Policies:
NCSU POL05.15.1 - Employees Exempt From the State Personnel Act (EPA) Policy
UNC & OSP Guidelines for Interpreting General Statute 126-5(c1)(8).

Additional References: NC State University " Hiring Procedures Manual for Academic Personnel "; " Office of State Personnel and the UNC-Office of the President Agreement "

Contact Info: Position Management Department, Human Resources; Office for Equal Opportunity.


1. Purpose:

To establish the procedures for determining the appropriate classification of EPA positions at the University. The procedures outline NC State University's compliance with the guidelines provided by the University of North Carolina and the Office of State Personnel in determining if a position should be classified as exempt from the personnel act (EPA).

2. Covered Positions

All EPA positions at NC State University are subject to the procedures outlined in this regulation.

3. Procedures:

3.1. Requests to Classify a New EPA position

Departments or units desiring to create a new EPA position must complete Form EPA- 006.

3.1.1. Definition. A position is "new" if it is not produced by the departure of a person who previously held the job. A newly created position must fill a bona fide need within the department.

3.1.2. Requests to classify EPA faculty positions

3.1.2a. Requests to classify tenured/ tenure track faculty (assistant, associate and full professors) and non-tenure track faculty (lecturers and visiting faculty) must be reviewed by the Vice Provost for Equal Opportunity. This review is to ensure that the request meets the requirements of being classified as "Exempt from the State Personnel Act (EPA)". The Provost approves the request to create new faculty positions.

3.1.2b. Academic departments wishing to create new faculty positions must submit the EPA-006 form to the Office for Equal Opportunity along with a memorandum of justification for the proposed position. The memorandum should explain the need of the department or unit for the new position and how this position will fill those needs.

3.1.2c. Faculty positions at NC State University require appropriate Master's, doctoral or terminal degrees.

3.1.3. Requests to classify non-faculty EPA positions

3.1.3a. A request to create a new EPA non-faculty position must be submitted to Human Resources for approval and to ensure that the request meets the requirements of being classified as "Exempt from the State Personnel Act (EPA)".

3.1.3b. Departments or units requesting to create and classify new EPA non-faculty positions should submit the EPA-006 form to the Position Management Department in Human Resources.

3.1.3c. All EPA non-faculty positions require at least a Bachelor of Arts or Bachelor of Science degree.

3.1.4. Requests to create new SAAO positions

3.1.4a. A request to create a new Senior Academic and Administrative Officer (SAAO) position must be submitted to Human Resources for review to ensure that the request meets the requirements of being classified as "Senior Academic and Administrative Officer" (SAAO).

3.1.4b. Departments or units requesting to create and classify new SAAO positions should submit the EPA-006 form to the Position Management Department in Human Resources.

3.1.4c. Persons nominated to fill SAAO positions normally must have an advanced educational degree and extensive relevant experience and be recruited in a national search process.

3.1.4d. A memorandum of justification must accompany the EPA-006 Form. The memorandum should explain the reason for the request to establish the position with SAAO designation.

3.1.4e. SAAO positions require the review of the Chancellor before being submitted to the UNC Board of Governors for review and approval.

3.2. Requests to change the title and/or duties of an existing EPA position

3.2.1. Definitions--A change of title reflects a change in duties and/or responsibilities. A change in title and duties is requested when additional duties have been added to an employee's current job or vacant position. A change in title is also requested when the duties of a vacant position will change for the next incumbent who will occupy the position.

3.2.2. Departments or units desiring to change the title and/or duties of an EPA faculty position must complete Form EPA-008C and submit it to OEO.

3.2.2a. A memorandum of justification must accompany the EPA-008C form. The memorandum should explain the reason for the proposed change in title and/or duties.

3.2.3. Departments or units desiring to change the title and/or duties of an EPA non-faculty position must complete Form EPA-008C and submit it to the Position Management Department in Human Resources for approval.

3.2.3a. A memorandum of justification must accompany the EPA-008C form. The memorandum should explain the reason for the proposed change in titles and/or duties.