- SCOPE, APPLICABILITY
AND ADMINISTRATION OF EMPLOYMENT COVERED BY THIS POLICY
1.1 Scope
Employment positions
(hereinafter "covered positions") covered by this policy are those
positions that are not subject to the State Personnel Act or the North Carolina
State University Tenure Policies and Regulations and Chapter 6 of the UNC
Code. This category does not include senior administrative positions or
University students who are employed incident to their status as students,
as in graduate teaching assistantships or work-study positions.
1.2 Applicability
This policy applies
to all permanent covered positions.
- APPOINTMENT PROCESS
2.1 Method of Appointment
Every appointment to
a covered position shall be made by or on behalf of the Chancellor by means
of a letter of appointment that fulfills the requirements of these Policies.
2.2 Letter of Appointment
Every letter of appointment
to a covered position shall include: 1) the title of the position; 2) the
initial salary; 3) provision for periodic review of compensation*; 4) provisions
consistent with sections 2.3 and 2.4 below, if contingencies based on availability
of funding are applicable; 5) notice that the employment conferred is either
for a stated definite term or is an "employment at will" subject
to continuation or discontinuation at the discretion of the Chancellor;
6) the annual leave entitlement of the employee; and 7) notice that the
employment is subject to this policy as originally adopted and as it may
be periodically revised. A copy of this policy shall be included with the
letter of appointment.
* Subject to any compensation policies adopted by the Board of Governors
or the Board of Trustees.
2.3 Contingent Appointments
When a covered position
is funded in whole or substantial part from sources other than continuing
State budget funds or permanent trust accounts, the letter of appointment
shall state that continuation of the employee's service in that position
is contingent upon the continuing availability of funds from such other
sources to support that position, shall specify the source of such funds,
and shall state that the effect of such contingency may apply without the
additional notice otherwise required by this policy; provided, that the
affected employee shall be informed at the earliest practicable date of
the occurrence of such a funding contingency.
2.4 Individuals Covered
by More than One Employment Policy
2.4.1 When an employee
is to serve simultaneously in both a covered position and a position of
University employment not covered by this policy, with the result that two
different prescriptions may appear to obtain with respect to a particular
condition of employment or a right or responsibility of the employee, one
position shall be designated in writing as the base position for the determination
of the conditions of employment and the rights and responsibilities of the
employer. If appointment to a covered position occurs subsequent to appointment
to a position not covered by this policy, the letter of appointment to the
covered position shall embody the required designation of base employment;
conversely, if appointment to a covered position precedes appointment to
the other category of University employment, the letter of appointment or
contract establishing the second employment shall embody the required designation
of base employment. In either case, the designation of base employment shall
specifically describe the different rights, duties, and compensation for
each position and the relationship, if any, between the two positions.
2.4.2 Any funding contingency
of the type referred to in section 2.3 shall be set forth separately for
the covered position and for the other position, since the operation of
any such contingencies may be independent.
2.4.3 When an appointment
to a covered position is to be accompanied by appointment to a faculty position
that is intended to be nominal or honorary, or to create a faculty affiliation
not entailing significant duties or compensation, the term "adjunct,"
or similar nomenclature, shall be used to identify the faculty appointment.
2.5 Terms of Appointment
and Reappointment
2.5.1 An initial appointment
and subsequent appointment(s) may be made as either a fixed-term appointment
or an "at will" appointment.
- Fixed-term appointment.
An initial and/or subsequent fixed-term appointment(s) may be for a period
of up to five years.
- "At will"
appointment. An appointment may be designated as "employment at will"
subject to continuation or discontinuation at the discretion of the senior
administrative officer of the appointing unit. Such an appointment is
for an indefinite term.
- A fixed-term appointment
may be converted to an "at will" appointment at the end of a
fixed term. An "at will" appointment may be converted to a fixed-term
appointment at any time.
2.5.2 Visiting Appointments
An appointment and
subsequent reappointment(s) in visiting covered positions shall be for
a period of up to five years and are contingent on the availability of
specifically defined funds. These conditions should be made explicit in
the letter of appointment. Any subsequently proposed change from a visiting
appointment to a regular appointment is subject to this policy for covered
positions.
2.5.3 Administrative
Appointments
A term appointment
shall not be given to a Senior Academic and Administrative Officer position.
Such a position is "at will"; that is, it is
subject to continuation or discontinuation at the discretion of the Chancellor
or the senior administrative officer of the appointing unit. A person
holding a Senior Academic and Administrative Officer position may concurrently
hold a term appointment in a non-administrative position. Senior Academic
and Administrative Officer positions are defined by Board of Governors
policies.
2.6 Ranks and Position
Titles
Where appropriate,
each North Carolina State University unit may develop a system of ranks
or may use position titles, provided that the unit develops adequate criteria
and standards for the implementation of a system of ranks or position titles.
Position titles, ranks, and the accompanying criteria and standards are
subject to approval by the Chancellor.
2.7 Appointment, Reappointment,
and Promotion Procedures
2.7.1 Where applicable,
each North Carolina State University unit shall develop criteria and procedures
for the appointment, reappointment, and promotion of those holding covered
positions. Specific procedures for review, reappointment and promotion shall
be included.
2.7.2 All procedures
and criteria developed regarding the appointment, reappointment, and promotion
shall be made in accordance with the provisions set out in section 2.5 and
are subject to approval by the Chancellor.
- NOTICE OF DISCONTINUATION,
NON-REAPPOINTMENT, OR DISCHARGE
3.1 Discontinuation of
Employment at Will
Employment within a
covered position that is established by the letter of appointment to be
an employment at will is subject to discontinuation at any time at the discretion
of the Chancellor; provided, that such a discontinuation (as distinguished
from discharge for cause, section 3.3) shall be subject to advance timely
notice of discontinuation, as follows:
3.1.1 During the first
year of service, not less than 30 days notice prior to discontinuation of
employment;
3.1.2 During the second
and all subsequent years of service, not less than 90 days notice prior
to discontinuation of employment.
3.2 Non-Reappointment
to Term Appointments
3.2.1 The decision
not to reappoint an individual in a covered position at the expiration of
a fixed term of service shall be made by the appropriate administrative
officers early enough to permit timely notice to be given as follows:
- An individual with
a one year appointment shall not be given notice of non-reappointment;
the letter of appointment is considered to be adequate notice of the expiration
of the term.
- An individual with
an appointment of more than one year shall be given not less than 90 calendar
days notice before the term of appointment expires.
3.2.2 Notice of reappointment
or non-reappointment shall be written. If the decision is not to reappoint,
failure to give timely notice of non- reappointment will oblige the Chancellor
thereafter, to offer a terminal appointment of 90 days beyond the scheduled
expiration date of the term.
3.3 Discharge for Cause
An individual occupying
a covered position may be discharged at any time for stated cause. Discharge
for cause is to be distinguished from discontinuation or non-reappointment
with notice or termination because of financial exigency or program elimination.
Stated causes for discharge shall include, but not necessarily be limited
to, incompetence, unsatisfactory performance, neglect of duty, or misconduct
that interferes with the capacity of the employee to perform effectively
the requirements of his or her employment.
- PROCEDURES FOR DISCHARGE
FOR CAUSE
4.1 The penalties of
discharge or suspension may be imposed only in accordance with the procedures
set forth in this section. For purposes of this policy, an individual serving
a stated term should be regarded as having the protection of these procedures
until the end of the term. These discharge procedures shall not apply to cases
of non-reappointment, discontinuation, or termination of employment.
4.2 The Chancellor shall
send the individual by certified mail, return receipt requested, a written
statement of intention to discharge or suspend him. The statement shall include
notice of the individual's rights, upon request, to both written specification
of the reasons for the intended action and a hearing.
4.3 If, within five days*
after receiving the notice referred to in section 4.2 above, the individual
makes no written request for either a specification of reasons or a hearing,
he may be discharged without recourse to any University grievance or appellate
procedure.
In section 4 of this policy the word "day" shall mean any day except
Saturday, Sunday, or an institutional holiday. In computing any period of
time, the day in which notice is received is not counted but the last day
of the period being computed is to be counted.
4.4 If, within five days
after receiving the notice referred to in section 4.2 above, the individual
makes written request, by certified mail, return receipt requested, for a
specification of reasons, the Chancellor shall supply such specification in
writing by certified mail, return receipt requested, within five days after
receiving the request. If the individual makes no written request for a hearing
within five days after receiving the specification, the individual may be
discharged without recourse to any University appellate procedure.
4.5 If the individual
makes a written request for a hearing within five days, the Chancellor shall
appoint a hearing committee consisting of three persons who occupy covered
positions and who are not supervisors of the individual. The Chancellor shall
designate one of the three members of the hearing committee as chairman. The
hearing shall be on the written specification of reasons for the intended
discharge. The hearing committee shall accord the individual twenty days from
the time it receives a written request for a hearing to prepare a defense.
The hearing committee may, upon the individual's written request and for good
cause, extend this time by written notice to the individual and to the Chancellor.
4.6 The hearing shall
be closed to the public. The individual shall have the right to counsel, to
present the testimony of witnesses and other evidence, to confront and cross-examine
adverse witnesses and to examine all documents and other adverse demonstrative
evidence. Formal rules of evidence shall not apply; relevancy of evidence
shall be determined by the chairman of the hearing committee. All proceedings
shall be recorded; upon request, a copy thereof shall be furnished to the
individual for a reasonable charge not to exceed the cost of producing the
copy.
4.7 The burden of proof
shall be on the Chancellor, or his delegate, and they, with their counsel,
may participate in the hearing to present evidence, cross-examine witnesses
and make argument.
4.8 In reaching decisions
on which its written recommendations to the Chancellor shall be based, the
committee shall consider only the evidence presented at the hearing and such
written or oral arguments as the committee, in its discretion, may allow.
The committee shall make its written recommendations to the Chancellor within
ten days after its hearing concludes.
4.9 If the Chancellor
concurs in a recommendation of the committee that is favorable to the individual,
his decision shall be final. If the Chancellor declines to accept a committee
recommendation that is favorable to the individual or concurs in a recommendation
that is unfavorable to the individual, the individual may petition the Chancellor
to review his decision within ten days after receipt of notice of the Chancellor's
decision. Upon receipt of the petition for review, the Chancellor shall meet
with the individual and hear any argument that the appropriate procedures
were not followed or that the individual was denied any opportunity to submit
relevant evidence. Upon conclusion of this review, the Chancellor may remand
the matter to the hearing committee for further hearings or affirm his prior
decision. The affirmation of a decision is final. An individual may petition
for a subsequent review of a decision pursuant to Section 501 C (4) of the
UNC Code. Such petition must be transmitted to the President by the Chancellor.
4.10 When an individual
has been notified of the University's intention to discharge him, the Chancellor
may suspend him at any time and continue the suspension until a final decision
concerning discharge has been reached by the Chancellor. Suspension shall
be with full pay.
- TERMINATION OF EMPLOYMENT
BECAUSE OF FINANCIAL EXIGENCY OR PROGRAM ELIMINATION
5.1 Definition
The employment of individuals
appointed to a fixed term may be terminated because of 1) demonstrable,
bona fide institutional financial exigency or 2) major curtailment or elimination
of a program. "Financial exigency" means a significant decline
in the financial resources of the University that compels a reduction in
the North Carolina State University budget. The determination of whether
a condition of financial exigency exists or whether there shall be a major
curtailment or elimination of a program shall be made by the Chancellor,
after consulting with appropriate administrative officers, with advance
notice to and approval by the President and the Board of Governors. If the
financial exigency or curtailment or elimination of a program is such that
the contractual obligation to an individual may not be met, the employment
of the individual may be terminated, subject to notice requirements set
forth below.
5.2 Timely Notice of
Termination
5.2.1 When an individual's
employment is to be terminated, the individual shall be given timely notice
as follows:
- During the first
year of service, 30 days notice prior to termination;
- During the second
and all subsequent years of service, 90 days notice prior to termination.
5.2.2 An individual
whose employment is to be terminated shall be notified of this fact in writing.
- REVIEW OF DISCONTINUATIONS
OR NON-REAPPOINTMENTS AND OTHER EMPLOYMENT GRIEVANCES
Individuals occupying
covered positions shall have access to the North Carolina State University
Grievance Procedure for Faculty and EPA Professional Employees adopted by
the Board of Trustees. Grievances concerning discontinuation of employment
with notice pursuant to section 3.1 or non-reappointment pursuant to section
3.2 may be brought only upon allegations of violations of applicable notice
requirements of section 3.1 or 3.2 or violations of any provision of sections
7 or 8 of this policy.
- EQUAL EMPLOYMENT
OPPORTUNITY
It is the policy and
intention of North Carolina State University that there be equal employment
opportunity and freedom from unlawful discrimination in all employment within
the University. There shall be no discrimination in covered positions on the
basis of race, color, national origin, sex, religion, handicap or age.* Employment
in covered positions shall be conducted in accordance with all provisions
of state or federal law or regulation prohibiting any such discrimination,
and in accordance with the University's affirmative action policy.
* Bona fide occupational qualifications or other exceptions to those general
prohibitions, specifically provided for by State or Federal law, may be applied
to covered positions.
- PROTECTED ACTIVITY
Employment in covered
positions shall not be adversely affected by the exercise of rights guaranteed
by the First Amendment to the United States Constitution or by Article I of
the North Carolina Constitution; provided, that individuals in covered positions
shall be subject to any limitations on political activity established by Article
5, Chapter 126 of the North Carolina General Statutes. The University of North
Carolina Board of Governors' policy, "Political Activities of University
Employees," as adopted on January 16, 1976, and as it may be revised
from time to time, shall apply to covered positions.
- BENEFITS
9.1 Holidays
Individuals in covered
positions shall be subject to the same State-prescribed holidays given other
University employees.
9.2 Annual Leave*
9.2.1 Basic Leave Policy
- For those individuals
appointed after February 13, 1981, the amount of annual leave entitlement
shall be as follows:
|
Years
of Aggregate State Service
|
Days
of Annual Leave Earned in One Year
|
| Less
than two years |
12 |
| Two
but less than five years |
14 |
| Five
but less than ten years |
17 |
| Ten
but less than fifteen years |
20 |
| Fifteen
but less than twenty years |
23 |
| Twenty
years or more |
26 |
- Leave shall be earned
on an annual basis. The scheduling of an employee's annual leave shall
be subject to the approval of his or her supervisor. The maximum number
of unused days of annual leave that may be accrued and carried forward
from one year to the next shall be 30 work days. An employee in a covered
position who has accrued unused annual leave as of the effective date
of discontinuation or non-reappointment of employment shall be required
to take such unused annual leave prior to the effective date of discontinuation
or non-reappointment of employment subject to the prescribed maximum of
30 days such days.
- Upon request of
the employee, the supervisor shall permit the employee to take such annual
leave prior to discontinuation or non-reappointment. Unless the employee
requests and takes such leave prior to discontinuation or non-reappointment,
he or she shall lose his or her entitlement to any leave accrued but not
taken prior to discontinuation or non-reappointment.
* Employees in covered positions employed on an academic year basis do
not earn annual leave.
9.2.2 Exceptions to
the basic leave policy.
- With respect to
an individual occupying a covered position as of February 13, 1981, if
the individual's currently effective contract of employment specifies
a period of annual leave more extensive than that to which he or she would
be entitled under the provisions of section 9.1.1, the contractual commitment
shall be honored; provided, that in no case shall maximum annual leave
exceed 26 work days per year.
- With respect to
an individual first employed in a covered position after February 13,
1981, an exception may be made to grant annual leave entitlement in excess
of that prescribed by the terms of section 9.2.1, provided the exception
is based on an express finding that the extent of previous related professional
experience of the affected employee or other compelling circumstance warrants
such an exception. The granting of the exception must be recommended by
the Chancellor and approved by the Academic Affairs and Personnel Committee
of the Board of Trustees. Exceptional leave entitlement may not exceed
either 24 work days per year or the amount of annual leave to which the
individual was entitled in the employment held immediately preceding appointment
to the University covered position, whichever is less.
- All exceptions granted
shall be reported to the Vice President of Academic Affairs of the University
of North Carolina.
9.2.3 Sick Leave, Maternity
Leave, Civil Leave, and Military Leave
Individuals in covered
positions shall be subject to similar provisions concerning sick leave,
maternity leave, civil leave, and military leave as are applicable to
faculty members appointed on a twelve-month basis.
9.2.4 Leave of Absence
Without Pay
Individuals in covered
positions may request leave of absence, without pay, subject to approval
of such leave by the Chancellor or his delegate.
9.2.5 Educational Entitlement
Individuals in covered
positions are entitled to the benefits of tuition waiver conferred by
North Carolina General Statute 116-143.
- STATUTORY AND OTHER
RULES OF EMPLOYMENT
10.1 Privacy of Personnel
Records
Individuals in covered
positions enjoy the protections of and are subject to the provisions of Article
7 of General Statute 126, entitled "The Privacy of State Employee Personnel
Records."
10.2 Employment Preference
for Veterans
Individuals in covered
positions enjoy the protections of and are subject to the provisions of General
Statutes 128-15 and 128-15.1, which provide for preference in employment for
veterans of United States military service and their spouses and widows or
widowers.
10.3 Employment of Related
Persons
Individuals in covered
positions are subject to the Policy concerning employment of related persons
as adopted by the University of North Carolina Board of Governors on April
13, 1973, and as it may be revised from time to time.
10.4 Retirement
Individuals in covered
positions are subject to the provisions of Chapter 135 of the North Carolina
General Statutes, entitled "Retirement System of Teachers and State Employees."
