(A) Purpose and
scope
The purpose of this rule is to establish provisions that
address various employment matters for administrative employees, as identified
in paragraph (B) of this policy, including but not limited to: probationary
periods, performance evaluations, performance improvement plans, discipline,
and reduction in force.
(B)
Included
(1) The term "administrative
employee" refers to an administrator as defined in this paragraph and
administrative technical support staff (ATSS).
(2) Administrators (full and part time)
include employees assigned professional, managerial, and/or supervisory
responsibilities as described in an approved job description. Administrators
are generally paid on a salaried basis, with assigned duties that may be exempt
from the Fair Labor Standards Act (FLSA) overtime payment rules, and are not
"public employees" as defined by Chapter 4117. of the Revised Code.
(3) Administrative technical support staff
(ATSS) (full or part time) include employees typically paid on a per-hour basis
(but can be paid on a salaried basis), assigned confidential duties, subject to
FLSA overtime rules, and who are not "public employees" as defined by Chapter
4117. of the Revised Code.
(4)
Temporary or intermittent administrative employees employed at will are subject
to all provisions of this policy except that such employees may be terminated
without a prior performance improvement plan (PIP).
(C) Exclusions
This policy does not apply to:
executive administrators
who are subject to executive employment agreements, to the extent that such
agreements are inconsistent with this rule. Executive administrators who do not
have executive employment agreements shall be subject to this rule to the
extent that the provisions herein are not inconsistent with their executive
appointment letter; specific provisions in executive appointment letters shall
govern over terms contained in this rule. To the extent that executive
employment agreements or appointment letters are silent as the matters
contained in this rule, the terms of this rule shall apply.
(1) Executive administrators who are
subject to executive employment agreements, to the extent that such agreements
are inconsistent with this rule. Executive administrators who do not have
executive employment agreements shall be subject to this rule to the extent
that the provisions herein are not inconsistent with their executive
appointment letter; specific provisions in executive appointment letters shall
govern over terms contained in this rule. To the extent that executive
employment agreements or appointment letters are silent as the matters
contained in this rule, the terms of this rule shall apply.
(2) Department of public safety
(DPS) law enforcement officers whose terms of employment are described in
applicable DPS policies and procedures.
(D) Employment contract status and
probationary periods
(1) Employment for
eligible administrative employees includes the status of:
(a) Defined contract period appointments that
have a defined duration and end date with specific terms and conditions of
employment incorporated into an agreement/contract, or
(b) Continuous contract appointments which do
not specify an end date as employment is expected to be
continuous.
(2) Both
appointment types require the successful completion of a probationary period,
satisfactory performance on an ongoing basis, and are subject to university
policies and procedures.
(3)
Administrative employees in positions funded by university funds (general
operating, auxiliary, etc.) and that are not employed for a defined contract
period, are eligible for continuous contract status upon successful completion
of a six-month probationary period.
(4) Administrative employees in temporary or
intermittent positions, or positions funded by grants and/or soft or external
sources will be hired for a defined contract period and are not eligible for
continuous contract status. Such employees must successfully complete a
six-month probationary period.
(E) Performance evaluations (probationary and
annual)
(1) New-hire probationary evaluation -
successful completion of the six-month new-hire probationary period with a
minimum overall
(2) Rating of
"meets basic expectations," is required for continued employment.
(3) Annual performance evaluation - upon
completion of the new-hire probationary evaluation, performance evaluations are
completed at least annually or on a periodic basis as determined by the
supervisor.
(4) Performance
improvement plan (PIP) - a written performance improvement plan (PIP) may be
initiated by the supervisor at any time in which the employee is not
demonstrating satisfactory performance based on the assigned responsibilities
and/or established objectives.
(5)
An employee whose performance rating states that he or she "does not meet basic
expectations" in his/her essential job competencies and/or performance will be
subject to procedure 4.51:1.
(F) Administrative leave
(1) Should an investigation or assessment of
an alleged incident of misconduct involving an administrative employee be
required and/or in any instance in which the health or safety of an employee or
any person or property entrusted to the employee's care could be adversely
affected, an administrative leave with pay may be implemented upon the
recommendation of the director of human resources and the approval of the
appropriate vice president and/or the president. The administrative employee
will receive appropriate notice in such case.
(2) Access to university facilities and
resources may be restricted or denied to an employee placed on an
administrative leave unless otherwise authorized by the director of human
resources.
(3) The university may
place an employee on administrative leave without pay for a period not to
exceed two months, if the employee has been charged with a violation of law
that is punishable as a felony. If the employee subsequently does not plead
guilty to or is not found guilty of a felony with which the employee is charged
or any other felony, the university shall pay the employee at the employee's
base rate of pay, plus interest, for the period the employee was on the unpaid
administrative leave.
(G)
Pre-disciplinary hearing
(1) If a demotion,
suspension, or termination may be imposed based on the findings of an
investigation or employee's unsatisfactory completion of a PIP, an informal
pre-disciplinary hearing will be scheduled prior to any imposition of such
actions. Written notice will be provided to the administrative employee prior
to the hearing date. At the pre-disciplinary hearing, the employee will be
provided with a summary of the evidence against him or her and given an
opportunity to respond to it in person at the hearing or in writing within
forty-eight hours of the hearing.
(2) A decision to impose a demotion,
suspension, or termination will be communicated in writing to the
administrative employee as soon as reasonably possible but no more than fifteen
calendar days after the conclusion of a pre-disciplinary
hearing.
(H) Corrective
actions
(1) Corrective action that results
from the findings of an investigation will be reasonable and commensurate with
the offense, and may include, but not be limited to, a letter to the personnel
file, unpaid suspension, demotion, and/or termination of employment. Except in
unusual circumstances, the unsatisfactory completion of a PIP will result in
termination.
(2) With the
authorization of the president or designee, an administrative employee may be
disciplined for reasons that include but are not limited to:
(a) Incompetence, inefficiency, dishonesty,
use or being under the influence of alcohol or illegal drugs at work or
inappropriate use of prescription drugs, discourteous treatment of the public,
neglect of duty, failure to return from a leave of absence, or other failure of
good behavior.
(b) Violation of an
official regulation or failure to obey reasonable directions given by a
supervisor when such violation or failure to obey amounts to insubordination or
a serious breach of university policies and/or work rules or puts the
university and/or its employees and students at serious risk.
(c) Misfeasance in office, malfeasance in
office, nonfeasance in office, conviction of a felony or of an offense
involving moral turpitude.
(d)
Demonstration of abusive or threatening behavior in the treatment of students,
fellow employees, or other persons.
(I) Reduction in force
(1) In case of a reduction in force,
notification to affected administrative employees will be as follows:
(a) Those with up to three years of service
will receive thirty days written notice.
(b) Those with service of three years or more
will receive ninety days written notice.
(2) Administrative employees with
defined-period contracts or in positions funded by "soft" grant funds or
external sources will continue employment for the defined contract period or
until funding is discontinued, provided they are not subject to discipline as
detailed in this policy.
(3)
Unsatisfactory performance issues will be managed separately from the reduction
in force process.
(4) Attempts will
be made to reassign affected employees to other open positions for which they
are qualified.
(5) If an
administrative employee is terminated due to a reduction in force, the employee
will be eligible for reappointment to the last held position should it become
available within a period of two years form the date of the force
reduction.
(6) The decision to fill
a position that has been eliminated through a reduction in force is at the sole
discretion of the university.
(7)
If reappointed to the last held position following a reduction in force action,
an administrative employee will be reinstated at his/her prior employment
status as governed by existing university policies.
(J) Procedures
Procedures necessary to implement the provisions of this policy
will be adopted following the university's process.
