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Policies and Procedures

5.21 - P&S Policies and Procedures - Appointment and Service Status

A. Appointment Categories

The appointment categories noted below are applicable for University professional and scientific (P&S) personnel in connection with permanent and temporary position assignments.  Both the appointment category and service status effective for a P&S staff member are identified with a Temporary, Term, Contract, Probationary, or Continuing Service appointment. The service status of the P&S staff member serving with an Annual or Provisional appointment may be either probationary or continuing service, depending upon appointment conditions established at the time of position placement and/or staff member's period of University service.

1. Temporary Appointment:

Designated when the services of a P&S staff member are required on a short-term basis to complete a particular project or to carry out certain duties and responsibilities. Such service may be rendered with a full or part-time schedule for an appointment period which shall not extend beyond one (1) year. Up to one year of consecutive temporary service with a schedule of half time or more may be credited toward a probationary appointment period when such service immediately precedes the probationary appointment and a provision for credited service is specified in writing by the University at the time the latter appointment is made. 

2. Term Appointment:

Designated when the services of P&S staff member are for a specific period of time required with a project, grant, contract, special activity offering, or in connection with a program for which a limited funding period may exist and/or renewed funding periodically may be required. An initial term appointment may be designated with a full or part-time schedule when service is to be provided for no less than half-time during a period of at least two consecutive years. Subsequent term appointments involving a like service schedule may be granted. A term appointment may be extended for a period of less than two years when continued service is required with the extension of a grant. Up to two (2) years of term service which involves a schedule of half time or more may be credited to a probationary period when such service immediately precedes the probationary appointment and a provision for credited service is, at the time of the latter appointment, specified in writing.

3. Contract Appointment:

Designated when the service of a P&S staff member is arranged with a schedule of half-time or more for an annual period paralleling an athletic program schedule. All staff members holding a contract appointment in intercollegiate athletics shall execute a written contract detailing the salary and benefits associated with the contract appointment. Subsequent contract appointments may be granted. Up to one year of contract service may be credited toward a probationary period when such service immediately precedes a probationary appointment and a provision for credited service is, at the time of appointment, specified in writing.

4. Probationary Appointment:

Designated for the staff member serving with a permanent P&S position assignment during the initial period of such University service. The probationary appointment continues for an initial service period of not less than three (3) nor more than five (5) fiscal years during which time the staff member's performance is evaluated to determine whether the continuing service appointment is to be designated. Probationary service credit continues to accrue when a staff member holding a probationary appointment experiences a position reassignment as the result of promotion, demotion, or transfer; however, a provisional -appointment (see No. 5) may be effective immediately upon successful completion of such a period provided a provision for the same is established in writing at the time of the position reassignment.

5. Continuing Service Appointment:

Designated upon successful completion of a probationary or provisional appointment for the P&S staff member serving in a permanent position) for which University P&S Personnel and Procedures are applicable. Position rights and privileges conferred with a continuing service appointment remain effective for the P&S staff member in the absence of an annual (see below) or provisional appointment. Rights with respect to a continuing service appointment are forfeited for the duration of an annual appointment and with a provisional appointment must be re-established in accordance with applicable provisions.

6. Provisional Appointment:

Designated for the P&S staff member holding continuing service status when a reassignment to a permanent position occurs with a promotion, demotion, or transfer action. The provisional appointment is, at the time of position placement, designated for a period of up to two (2) fiscal years. The staff member with promotion or transfer may, in accordance with performance during the provisional appointment period, regain a continuing service position appointment or be returned to his/her former position provided an opening exists. If the former position is not available, the staff member will be assigned to a comparable position. The University administration's decision to return a staff member holding continuing service status and provisional appointment to a former assignment or comparable position is not subject to grievance proceedings. The staff member holding a provisional appointment with a demotion action may regain a continuing service position appointment or be subject to separation from University service in accordance with proceedings defined with the Notice of Non- Reappointment provision.

7. Annual Appointment:

Designated for the P&S staff member serving in a position identified by the University administration as covered by the (Other Board Appointments) provision of the BOR Policy Manual thus exempt from University P&S Personnel Policies and Procedures relating to service rights and privileges conferred with continuing service status. The annual appointment is designated with position service involving major administrative assignments, policy development, and/or other related exempt duties and responsibilities. University service rights and privileges associated with continuing service status, and a like appointment are not considered to be applicable with a position assignment involving an annual appointment. A P&S staff member may qualify for and receive continuing service status while serving with an annual appointment; however, rights and privileges with such status will be considered applicable only upon the staff member's reassignment and appointment to a position covered by P&S Personnel Policies and Procedures.

B. Appointment Procedures

Temporary, Term, Contract, Probationary, Provisional, and Continuing Service appointments are arranged and recorded according to existing University reporting procedures with the concurrence of the affected staff member upon the recommendation of designated administrators and/or department head (dean, as applicable) and with the approval of the appropriate division vice president. The Annual appointment is established with the concurrence of the affected staff member upon the recommendation of the appropriate department director and division vice president and is, with the approval of the University President, reported to the BOR in accordance with the (Other Board Appointments) provision of the BOR Policy Manual.

1. Appointment with Staff Unit Transfer

a. Instructional - P&S.

By mutual agreement between the University administration and full or part-time faculty member, reassignment to a P&S position can be effected. A faculty member holding a temporary, probationary, term or tenure appointment may voluntarily be reassigned in accordance with P&S Personnel Policies and Procedures applicable with appropriate appointment provisions.

Tenure status is applicable only to the faculty member holding academic rank in an academic department. Continuing service status may be granted in lieu of tenure status with reassignment from a faculty position to a permanent P&S position upon the recommendation of the designated department head (dean, as applicable), the approval of the appropriate division vice president, and with the concurrence of the affected faculty member.

P&S staff members may be granted temporary part-time instructional appointments which carry lecturer or adjunct status.

b. Regents Merit System to P&S.

A transfer from Regents Merit System employment to P&S service may occur as a result of a position reassignment or reallocation. The former occurs when the staff member serving with a Regents Merit System position accepts reassignment to a University P&S position. Reallocation occurs when a Regents Merit System position, as a result of revised duties and responsibilities, is judged in accordance with FLSA rules and University policies and procedures to be a P&S position.

The University employee serving under the Regents Merit System with a permanent appointment may, be reinstated to a former or related position in accordance with applicable Regents Merit System Regulations. The University administration's decision to return a staff member hold a probationary appointment to a former Regents Merit System assignment of comparable position is not subject to grievance proceedings. University service is considered to be continuous for the P&S staff member who returns to a position within the Regents Merit System when service with the latter employment group is contiguous with the former.

The Regents Merit System employee holding a permanent appointment will, upon reallocation of his/her position, be given an opportunity to accept service as a P&S staff member or elect transfer to another Regents Merit System position. Service conditions cited above with reassignment of a Regents Merit System employee to a P&S position will be applicable for the staff member who elects to accept latter service in connection with position reallocation.

P&S Personnel Policies and Procedures effective with probationary and continuing service appointments will be applicable with the reassignment and/or reallocation of Regents Merit System employees and positions to the University's P&S unit.

C. Definitions

1. Permanent Position

The permanent P&S position, as identified by the University budget, involves a duty assignment of a continuing nature performed with an annual service schedule of seven hundred twenty (720) hours or more is sustained in total by appropriated and/or permanent University funds rather than by temporary funding.

2. Continuing Service Status

Continuing Service is a status awarded following successful completion of the probationary period. Such service status remains in effect unless the staff member is terminated under conditions outlined with the Continuing Service Appointment section of the Notice of Non- Reappointment provision and the Recall portion of the Reduction in Force Proceedings provision.

3. Notice of Non-Reappointment

A P&S staff member's appointment is considered to be renewed unless he/she is specifically advised in writing of non-reappointment. Notice of non-reappointment is provided in accordance with the following appointment categories.

a. Temporary Appointment.

The nature of the service required with this type of appointment causes the notice of non- reappointment provision to be inapplicable. The University administration will, however, make every effort to keep staff members serving with such an appointment advised as to when services will be concluded.

b. Term Appointment.

The period of service established at the time of appointment will determine the date for notice of non-reappointment. Notice confirming non-reappointment or granting a subsequent appointment will be given in writing and, normally, will not be later than sixty (60) calendar days prior to the termination date specified with the term appointment.

c. Contract Appointment.

The nature of the service required with this type of appointment and the program area in which it is granted permits separation from University service to be effected with limited prior notice. The University administration will make every effort to keep staff members serving with such an appointment, advised as to when services will be concluded.

d. Probationary Appointment.

Notification of non-reappointment will be provided in writing following oral and written notice of such pending action. Such notification of non-reappointment normally will take place no later than sixty (60) calendar days prior to the date of termination and will contain in summary the reason(s) for the action.

e. Provisional Appointment.

Notification of non-reappointment will be provided in writing following oral and written notice of such pending action. The period of notice and date of reassignment or termination will depend in part, upon conditions existing at the time of and applicable with such appointment, the staff member's assignment interests, and University's service needs, and the nature of the duties required with positions open at the time. Unless conditions dictate otherwise, notice of non-reappointment with reason(s) for such action will be provided in writing not later than ninety (90) days prior to reassignment or termination.

f. Continuing Service Appointment.

Notification of non-reappointment for a staff member holding a continuing service appointment will except under unusual circumstances, be provided no later than ninety (90) calendar days prior to the date of termination. Such formal notification will be preceded with record evidence clearly noting that the staff member was advised orally and in writing on a periodic basis over a reasonable time of conditions in question and actions necessary to rectify same.

A continuing service appointment may be terminated as a result of retirement, resignation, abandonment of position, documented unsatisfactory performance of duties, misconduct or gross violation of University and/or BOR policies. A continuing service appointment may also be concluded as a result of program and/or budget curtailment (see Reduction in Force Proceedings). Abandonment of position, for the purpose of this provision, shall be considered to have taken place when a staff member is absent from duty for three consecutive working days without proper notification and authorization.

Suspension pending discharge may be immediately effective in the event of substantial neglect of duty, misconduct or gross abuse of University and/or BOR policies and procedures or with violation of institutional and BOR Rules of Personal Conduct.

Human Resource Services, approved 2012

President’s Cabinet, approved January 7, 2013