Conditions and Terms of Employment - Non-Faculty EPA Professionals
POL 05.15.1
September
18, 1998 Archive Version (Effective September 18, 1998 through February 18, 1999)
Employment - EPA
Authority:
Board of Trustees
History: First issued:
May 22, 1981. Last Revised: May 22, 2002. Additional
History Information.
Additional References: UNC Admin.
Manual, III-C-1. "Employees Exempt from the State Personnel Act.",
UNC Code, Appendix Section I.C.
- 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 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 appointments 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 nonadministrative
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 the 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:
Days of Annual Leave
Years of Aggregate State Service 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 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 same opportunities
as other University employees to invoke the privilege 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." Notwithstanding any notice provision
contained in Section 300 of these Policies, an individual in a covered position
shall automatically be retired from University employment (without notice)
on July 1 coincident with or next following his or her seventieth birthday.
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