102.1 - Policy for EHRA Non-Faculty Employees

University Group Policy #102.1

I. Policy Statement

This policy establishes the guidelines for EHRA employees.

II. Definitions

An EHRA Non-Faculty position is any position of employment not subject to the State Human Resources Act; institutional tenure regulations; positions available to students incident to their status as students; positions within administrative categories of employment subject to G.S. 116-11(4), G.S. 116-11(5), or G.S. 116-14; or positions within the "physicians or dentists" category under G.S. 126-5.

III. Guidelines

A. Appointments to Covered Positions

Every appointment to a covered position within Winston-Salem State University shall be made by or on behalf of the Chancellor by means of a letter of appointment that fulfills the requirements of this Section.
Every letter of appointment to a covered position shall include:
1. the title of the position;
2. the initial salary;
3. provisions for periodic review of compensation;
4. provisions consistent with Sections A.3. and A.4. below, if contingencies based on availability of funding are applicable;
5. the annual leave entitlement of the employee;
6. notice that the employment conferred is either for a stated definite term or is an "employment at will," subject to continuation or discontinuance at the discretion of the Chancellor
7. notice that the employment is subject to these policies, as originally adopted and as may be periodically revised; and
8. an attached copy of these Policies.
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, and that the effect of such contingency may apply without the additional notice otherwise required by Sections B. 1, B. 2, and B. 3; provided that the affected employee shall be informed at the earliest practicable date of the occurrence of such a funding contingency.
When an employee is to serve simultaneously in both a covered position and a position of University employment not covered by these Policies, with the result that two different prescriptions may appear to apply with respect to a particular condition of employment or a right or responsibility of the employee, one position shall be designated the base position to determine the conditions of employment and the rights and responsibilities of the employee. If appointment to a covered position occurs subsequent to appointment to a position not covered by these Policies, 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.
Any employee serving in a covered position and holding a concurrent tenured faculty appointment may be subject to the Winston-Salem State University Administrative Separation or Retreat to a Faculty Position Policy as it is now constituted or may be modified hereafter.
Any funding contingency of the type referred to in Section A.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.
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 "Special Lecturer" shall be used to identify the faculty appointment.

B. Discontinuance of Employment in Covered Position

1. Expiration of Term Appointment

Employment within a covered position that is established by the letter of appointment to be for a stated definite term expires automatically at the conclusion of the stated term. Such an appointment may be renewed or extended at the option of the employer, by written notice satisfying the requirements of Section I. If the employer intends not to renew or extend the term contract with respect to a term of: (1) one year or less, no notice of intent not to renew shall be required; (2) more than one year but less than four years, notice of intent not to renew shall be transmitted in writing at least sixty (60) days prior to the expiration date of the term; (3) four years or more, notice of intent not to renew shall be transmitted in writing at least ninety (90) days prior to the expiration date of the term. Failure to provide written notice as required in subsections (2) and (3) shall result in the automatic extension of employment for a period, respectively, of either sixty (60) or ninety (90) days beyond the scheduled expiration date of the term. Termination of Employment because of Financial Exigency or Program Curtailment or Elimination Employment within a covered position that is established by the letter of appointment to be for a stated definite term may be terminated prior to expiration of the stated term because of (1) demonstrable, bona fide institutional financial exigency or (2) major curtailment or elimination of a program. "Financial exigency" is defined to mean a significant decline in financial resources of the university that compels a reduction in its budget. The determination of whether a condition of financial exigency exists or whether there shall be a major curtailment or an elimination of a program shall be made by the Chancellor, with advance notice and approval by [the president and the Board of Governors.] If the financial exigency, curtailment, or elimination of a program is such that the contractual obligation to an employee within a covered position cannot be met, the employment of the individual may be terminated subject to the following notice requirements: (1) during the first year of service, not less than thirty (30) days notice prior to termination; (2) during the second and third years of employment, not less than sixty (60) days notice prior to termination; and (3) during the fourth and all subsequent years of service, not less than ninety (90) days notice prior to termination.

2. Discharge for Cause

Any employee occupying a covered position may be discharged for stated cause. Discharge for Cause is to be distinguished from Discontinuance with Notice (Section B.1.), Automatic Expiration of Term (Section B.2.), and Termination (Section B.3.). Stated causes for discharge shall include but are not 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. Discharge for cause is to be preceded by written notice of intent to discharge and is subject to invocation by the affected employee of the review procedures of Section C of these Policies. When an employee occupying a covered position has been notified of the intention to discharge him or her for cause, the Chancellor may suspend his or her employment with full pay at any time and continue the suspension until a final decision concerning discharge has been reached by the procedures prescribed herein. If the final decision is to discharge the employee, then the employee may be discharged without further pay without regard to whether there is an appeal to the Board of Trustees or the Board of Governors in accordance with Section 611 of The Code. No provision of this policy or Policy 300.1.1 or 300.2.1 of The Code shall be interpreted to extend an employee’s right to pay beyond the expiration of the employee’s term of appointment while an appeal is pending under this Policy.

3.Discontinuance of Appointment, with Notice or Severance Pay

Employment within a covered position that is established by the letter of appointment to be an employment-at-will is subject to discontinuance at any time, at the discretion of the Chancellor or the Provost (as the Chancellor’s designee); provided that such a discontinuance (as distinguished from Discharge for Cause, Section B.4.) shall be subject to advance timely notice of discontinuance, as follows: (1) During the first year of service, not less than thirty (30) days notice prior to discontinuance of employment or the payment of severance pay for thirty (30) days; (2) during the second and third years of service, not less than sixty (60) days notice prior to discontinuance of employment or payment of severance pay for sixty (60) days; and (3) during the fourth and all subsequent years of continuous service, not less than ninety (90) days notice prior to discontinuance for employment or payment of severance pay for ninety (90) days. The determination of whether the employee shall receive notice of discontinuance of appointment or severance pay shall be in the sole discretion of the Chancellor or the Provost as the Chancellor’s designee.

C. Review of Employment Decision and Grievances

Employees in covered positions may secure review of decisions concerning discharge for cause or other disciplinary action, and review concerning the interpretation and application of any provision of these Policies; provided, however, that reviews concerning discontinuances, expiration of term appointments or terminations of employment with notice or severance pay, pursuant to Sections B.1., B.2., or B.3., may be brought only upon allegations of violations of applicable notice or severance pay requirements or violations of any provision of Section D. or Section E. of these Policies. Decisions reached pursuant to such review procedures concerning discontinuation, expiration of term appointment, termination or discharge for cause may be appealed in accordance with the provisions of 611 of The Code of the Board of Governors as revised.

D. Equal Employment Opportunity

It is the policy of Winston-Salem State University that there be equal employment opportunity and freedom from unlawful discrimination in all employment within the University. Discrimination will not be practiced or condoned in covered positions on the basis of race, creed, color, national origin, sex, religion, disability, age, or veteran status except for bona fide occupation qualifications or other exceptions provided by state or federal law, as set out in Section 103 of The Code, as it may be amended from time to time. 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 applicable affirmative action guidelines.

E. 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 employees in covered positions shall be subject to any limitations on political activity established by Article 5 of N.C.G.S. Chapter 126. The Board of Governors’ Policies concerning political activity, Policy §300.5.1., et seq. as they may be amended from time to time, shall apply to positions covered by those policies.

F. EHRA Non-Faculty Grievance Procedure

1. ALLOWABLE GRIEVANCES

Employees in covered positions may seek review, after receiving notice of personnel actions covered by this section in the event that the employee is discontinued, terminated, or discharged from employment, suffers other adverse personnel action, or is not appointed following the end of a term appointment. If the covered person does not timely file a written request for review as prescribed herein, then the personnel action is final without recourse to any institutional review, appeal or grievance procedure. Review of matters arising out of the discontinuation, expiration of term appointments or terminations of employment with notice may be brought only upon allegations of violations of applicable notice or severance pay requirements. Violations of the provisions of the Equal Employment Opportunity section or Protected Activity section of this Policy shall also be subject to review under these procedures. Grievances pursuant to Sections B.1., B.2., or B.3., shall be directed to the EHRA Non-Faculty Grievance Committee in accordance with Step 3 of Appointment of EHRA Non-Faculty Grievance Committee.

2. APPOINTMENT OF EHRA NON-FACULTY GRIEVANCE COMMITTEE

The Chancellor shall annually appoint members to the EHRA Non-Faculty Grievance Committee according to the provisions of the University Committee Handbook. All committee members shall be appointed from the ranks of employees in covered positions. The committee shall consist of five persons including a chairman that is selected by the committee.

Step 1. Departmental and Divisional Review

An employee in a covered position shall, orally or in writing, present any allowable concern regarding terms and conditions of employment sequentially as follows:

1. 1. To the employee’s immediate supervisor,
  2. To the Department Head
  3. To the appropriate Vice Chancellor.

The employee shall request a meeting with each individual in the chain of authority as needed. If the response of any person in the chain of authority fails to resolve the matter or if any person fails to respond within the time allowed, the employee may schedule a conference with the next person in the chain of authority.

Each individual in the chain of authority shall investigate the matter(s) presented and shall respond to the employee, in writing, within twenty (20) business days of a meeting with the employee, or if a response cannot be provided within the time allowed, shall advise the employee of the circumstances preventing a response and when a response can be expected.

Step 2. Mediation of Grievance

At any step in the chain of authority, the person in authority may offer the employee the opportunity to mediate the grievance. The employee may accept or reject mediation without affecting the right to proceed with the grievance. If the employee agrees to mediate and the matter is resolved at mediation, no further action will be taken. If the matter is not resolved at mediation, the employee may continue the grievance process.

Step 3. Appeal to the EHRA Non-Faculty Grievance Committee

If the decision reached in Step 1 or Step 2 does not resolve the matters presented, the employee may request a hearing before the EHRA Non-Faculty Grievance Committee. The request must be in writing and submitted on a form available from the Division Vice Chancellor, the Associate Provost for Administration, Human Resources, or Office of Legal Affairs. Any request for review under Section B, step 1 above shall be submitted within twenty (20) business days after receipt of the decision of the Division Vice Chancellor. Copies of the request for hearing shall be provided by the employee to all other parties in the chain of authority. The Grievance Committee shall schedule a hearing within twenty (20) business days of receipt of a request for hearing. The Grievance Committee shall be governed by guidelines adopted by the committee and approved by the Office of Legal Affairs.

3. RIGHT TO USE GRIEVANCE PROCEDURE

Employees in covered positions have the right to use these grievance procedures free from threats or acts of retaliation, interference, coercion, restraint, discrimination, or reprisal. Employees may not be retaliated against for participating in a grievance as a grievant, a witness, a support person, if any, or as a Grievance Committee member. A support person is someone who accompanies the grievant to hearings or interviews and/or assists the grievant in preparing for meetings, keeping track of documents, and similar matters.

G. Holiday and Leave Entitlement

1. HOLIDAYS

Employees in covered positions shall be subject to the same State prescribed holidays given employees subject to the State Human Resources Act.

2. ANNUAL LEAVE

a. Basic Leave Policy

The amount of annual leave a permanent full-time employee in a covered position shall be entitled to accrue is twenty-four (24) business days per year. Annual leave is accrued at a monthly rate and is adjusted proportionately for permanent part-time employees who work halftime or more. The monthly earnings amount is equal to one-twelfth of the annual rate for each month the employee works or is on approved leave with pay. Monthly leave is earned when an employee works or is on approved leave with pay at least half the business days of a month. The scheduling of an employee's annual leave shall be subject to the approval of the employee's supervisor. With respect to an incumbent employee who is earning more than twenty-four (24) business days per year as of the date this policy becomes effective, such employee shall be entitled to continue to earn leave at the current rate. The maximum number of unused days of annual leave that may be accrued and carried forward from one year to the next shall be thirty (30) business days. Annual leave in excess of thirty (30) business days will be automatically converted to sick leave at the end of the year. An employee in a covered position who has accrued such unused annual leave as of the date of discontinuance of employment or change in employment status such that employee is no longer covered by this policy shall be paid for such unused annual leave, subject to the prescribed maximum of thirty (30) business days. The amount paid to an employee who has been employed an aggregate of 24 months or less by one or more State or local governmental agencies is equal to one day for each month worked less the number of days of annual leave taken during the employment period. An employee who has been employed for more than 24 months shall be paid subject to a maximum of 30 such days.

b. Exceptions to Basic Leave Policy

This policy does not apply to bonus leave granted by the 2003 and 2005 Legislature of North Carolina. Said bonus leave is governed by the terms of the creative legislation.

SICK LEAVE, MATERNITY LEAVE, FAMILY AND MEDICAL LEAVE, FAMILY ILLNESS LEAVE, CIVIL LEAVE, MILITARY LEAVE, CHILD INVOLVEMENT LEAVE, COMMUNITY SERVICE LEAVE, AND SPECIAL BONUS LEAVE

Employees in covered positions shall be subject to the same provisions concerning sick leave, family and medical leave, family illness leave, civil leave, military leave, child involvement leave, community service leave, and special leave bonus as are applicable to employees subject to the State Human Resources Act. With respect to sick leave, subject to approval by the employee’s supervisor, an employee may be advanced the amount of sick leave that can be accrued during the remainder of the year or during a twelve month period.

3. LEAVE OF ABSENCE WITHOUT PAY

Employees in covered positions may request leave of absence without pay, subject to approval of such leave by the Chancellor.

4. EDUCATIONAL ENTITLEMENT

Employees in covered positions are entitled to utilize the benefit of tuition waiver as conferred by UNC Policy 1000.2.2.

5. VOLUNTARY SHARED LEAVE

Employees in covered positions shall be subject to the provisions concerning shared leave as are applicable to employees subject to the State Human Resources Act with the exception that the donation and acceptance of such leave shall be computed on the basis of days rather than hours.

6. ADVERSE WEATHER

This policy can be found on the WSSU Department of Human Resources webpage.

H. Statutory and Other Rules of Employment

Except as otherwise noted herein, employees in covered positions are subject to the same terms and conditions of employment as are other University personnel, including privacy of personnel records, and employment of related persons.

I. Implementation

Any proposed amendment to these Policies must be submitted for review and approved by the President prior to its adoption by the Board of Trustees.

Please see Related Resources for WSSU PROCEDURE FOR HEARINGS IN NON-FACULTY GRIEVANCE CASES (TERMINATION AT WILL).

IV. Roles and Responsibilities

Position Responsible: Chancellor/Provost

V. Applicability

These Policies apply to all permanent covered positions.

Responsible Division: Vice Chancellor and Chief of Staff

Authority: Board of Trustees

History:

Adopted: September 1, 1981
Revised: December 1994
Revised: June 20, 2008
Revised: June 19, 2009

Related Resources: