OHR: Employment Policies for EPA Non-Faculty Employees of the University of North Carolina at Chapel Hill

A. Appointments to Covered Positions

1.   All senior officers are employed in their administrative positions pursuant to these policies. Except with regard to the appointment of the Chancellor, no contract or other writing (except for The Code) may vary these terms, nor may any oral agreement modify these provisions.

2.   All senior officers should receive a letter of appointment that shall include: (1) the title of the position; (2) the initial salary: (3) provision for periodic review of compensation^[1]; (4) notice that the appointment is contingent on the successful completion of a criminal conviction check (unless a successful check has been completed prior to the letter being sent); (5) the annual leave entitlement of the employee; (6) notice that the employment conferred is "employment at will" subject to continuation or discontinuation at the discretion of the Chancellor; and (7) notice that the employment is subject to these Policies, as originally adopted and as they may be periodically revised from time to time, and a copy of the Policies shall be attached to the letter of appointment.

3.   The appointments of these senior officers are subject to the approval of the Board of Governors or the University's Board of Trustees if delegated such authority by the Board of Governors. Such officers do not have tenure in their administrative positions. They serve at the discretion of their employer and are not appointed to serve for specified periods of time. The continuance of these administrators in office therefore is at all times subject to determination by the appropriate authority, as follows:

a.   The continuance in office of the Chancellor is determined by the Board of Trustees and the Board of Governors. The Board of Governors may act to terminate such an appointment upon its own initiative or upon recommendation of the President. The Board of Governors in all instances shall consult the Board of Trustees prior to terminating the appointment of the Chancellor.

b.  The continuance in office of the Provost, Vice Chancellors, Vice Provosts, Deans, and Directors of major educational, research and public services activities is determined by the Chancellor. However, such an officer may be appointed to a period of employment not to exceed a specified number of years, so long as the instrument accomplishing such an appointment states clearly that the incumbent officer is subject to removal at any time, during that period, at the option of the Chancellor.

c.  Senior Academic and Administrative Officers are subject to the direction and control of the Chancellor and serve at the Chancellor's discretion. They are employees at will; thus, the Chancellor may not purport to confer on any such office a period of employment of fixed duration or otherwise confer any property interest in such employment. However, such an officer may be appointed to a period of employment not to exceed a specified number of years, so long as the instrument accomplishing such an appointment states clearly that the incumbent officer is subject to removal at any time, during that period, at the option of the Chancellor.

B. Joint Appointments

Tenure status as a member of the faculty, held concurrently by any Senior Academic and Administrative Officer of the University is separate and distinct from the administrative office, and such tenure status is governed by the provisions of Chapter Six of The Code and by the University's tenure rules and regulations. Those tenure rules and regulations have no bearing upon and do not govern the administrative appointments covered by these regulations.

C. Compensation

1. The compensation of Senior Academic and Administrative Officers covered by this section shall be set by the Board of Governors or the University's Board of Trustees if delegated such authority by the Board of Governors.

2. Neither the Chancellor nor any other Senior Academic and Administrative Officer may be paid, in addition to his/her salary as established pursuant to the foregoing requirements, for any services rendered to any institution-related foundation, endowment, or other University-related enterprise.

D. Equal Employment Opportunity

It is the policy and intention of The University of North Carolina at Chapel Hill 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 age, sex, race, color, national origin, religion, disability, creed, honorable service in the armed services of the United States, or sexual orientation as provided by University policy.^[2] 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.

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' Policy in this regard, as adopted on January 16, 1976, and as it may be revised from time to time, shall apply to covered positions.

F. Holiday and Leave Entitlement

1.   Holidays

Senior officers shall be subject to the same state-prescribed holidays given employees subject to the State Personnel Act.

2.   Annual Leave

a.   Annual Leave

A senior officer shall be entitled to 26 work days of annual leave per calendar year.

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; however, unused annual leave in excess of thirty (30) days shall be converted to sick leave on December 31st of each year.

b.   Advancement of Leave

Subject to approval by the employee's supervisor, a senior officer may be advanced the amount of leave that can be accrued during the remainder of the year or during a twelve-month period. If an employee separates from the University and has taken more annual leave than has been accrued, the University will make deductions from the employee's final pay check accordingly, subject to wage-hour laws.

c.  Transfer of Accrued Annual Leave

A new employee in a covered position cannot transfer accrued annual leave from other UNC institutions or other State agencies to this University. Upon discontinuation of employment from a leave earning position at the University, a covered employee may either elect a payout of accrued annual leave as provided in Section II.F.2.d., below, or transfer the remaining balance of any unused annual leave to another UNC institution, State or local governmental agency, subject to the receiving agency's approval.

d.   Payout of Accrued Annual Leave

A senior officer who has accrued such unused annual leave as of the date of discontinuation of employment and who either does not elect or is not eligible to transfer such accrued leave to another position within the University, the UNC system, or another State or local governmental agency shall be paid for such unused annual leave, subject to a maximum of 30 days.

3.   Sick Leave, Family and Medical Leave, Family Illness Leave, Civil Leave, Military Leave and Community Service Leave

A senior officer shall be entitled to the same state-prescribed sick leave, family and medical leave, family illness leave, civil leave, military leave and community service leave given to employees subject to the State Personnel Act. However, with respect to sick leave, a senior officer may be advanced the amount of sick leave that can be accrued during the remainder of the year or during a twelve-month period.

4.   Miscellaneous Leave of Absence

A senior officer who desires a leave of absence for an interval of 90 days or less must obtain the approval of the President, who shall report all such arrangements to the Board of Governors. A leave of absence for a period exceeding 90 days shall require the approval of the Board of Governors.

5.   Voluntary Shared Leave

A senior officer shall be entitled to the same state-prescribed provisions concerning shared leave as given to employees subject to the State Personnel Act with the exception that the donation and acceptance of such leave shall be computed on the basis of days rather than hours.

6.   Educational Entitlement

A senior officer shall be entitled to utilize the benefit of tuition waiver, as provided by N.C. G.S. 116-143.

G. Statutory and Other Rules of Employment

1.   Privacy of Personnel Records

Senior officers enjoy the protections of and are subject to the provisions of Article 7 of N.C.G.S. 126, entitled "The Privacy of State Personnel Records."

2.   Employment Preference for Veterans

Senior officers enjoy the protections of and are subject to the provisions of N.C.G.S. 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.

3.   Employment of Related Persons

Senior officers are subject to the Policy concerning employment of related persons as adopted by the Board of Governors on April 13, 1972, and as it may be revised from time to time.

4.   Retirement

Senior officers may retire in accordance with the provisions of Chapter 135 of the North Carolina General Statutes ("Retirement System of Teachers and State Employees").

A. Appointments to Covered Positions

1.  Every appointment to a covered position within The University of North Carolina at Chapel Hill shall be made by or on behalf of the Chancellor by means of a letter of appointment that fulfills the requirements of this Section.

2.  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^[3];

(4) provisions consistent with Sections III.A.3 and III.A.4., below, if contingencies based on availability of funding are applicable;

(5) notice that the appointment is contingent on the successful completion of a criminal conviction check (unless a successful check has been completed prior to the letter being sent);

(6) the annual leave entitlement of the employee;

(7) 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 or the Chancellor's designee and

(8) notice that the employment is subject to these Policies, as originally adopted and as they may be periodically revised from time to time, and a copy of the Policies shall be attached to the letter of appointment. If no term of employment is defined in the letter of appointment, the employment conferred will be presumed to be "employment at will" subject to continuation or discontinuation at the discretion of the Chancellor or the Chancellor's designee.

3.  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 Section III.B.1, III.B.2., and III.B.3.; provided, that the affected employee shall be informed at the earliest practicable date of the occurrence of such a funding contingency.

4.  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 obtain 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 department shall specifically describe the different rights, duties, and compensation for each position and the relationship, if any, between the two positions.

a.  Any funding contingency of the type referred to in Section III.A.3., above, shall be set forth separately for the covered position and for the other position, since the operation of any such contingencies may be independent.

b.  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.

B. Discontinuation of Employment in Covered Positions

1.  Discontinuation of Appointment, with Notice or Pay in Lieu of Notice

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 or the Chancellor's designee; provided, that such a discontinuation (as distinguished from discharge for cause, Section III.B.4.) shall require advance timely notice of discontinuation, as follows: (1) during the first year of service, not less than 30 calendar days prior to discontinuation of employment; and (2) during the second and all subsequent years of continuous service, not less than 90 calendar days notice prior to discontinuation of employment.

The University expects that employees will continue working for the duration of the 30 or 90 day notice period, as applicable. In exceptional circumstances, however, when it is determined to be in the best interests of the University, the Executive Vice Chancellor and Provost (as the Chancellor's designee) has the discretion to terminate an at will employee immediately with payment in lieu of notice equal to the salary that would have been earned during the applicable notice period or to approve another working arrangement consistent with the Board of Governors' policies. Alternatively, the Executive Vice Chancellor and Provost (as the Chancellor's designee) may approve a combination of notice and pay in lieu of notice provided that the combined total of the two represents the salary that would have been earned during the appropriate notice period. If an employee is to receive pay in lieu of notice, the decision must be communicated to the employee as part of the notice of discontinuation, and the employee must be notified that his/her benefits will terminate based on the last date worked.

2.  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 III.A. If the employer intends not to renew or extend the term contract, (1) with respect to a term of one year or less, no notice of intent not to renew shall be required; (2) with respect to a term of more than one year, notice of intent not to renew shall be transmitted in writing at least 90 calendar days prior to the expiration date of the term. Failure to provide written notice as required in subsection (2) shall result in the automatic extension of employment for a period of 90 calendar days beyond the scheduled expiration date of the term.

3.  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 the institution's 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 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 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 30 calendar days notice prior to termination; and (2) during the second and all subsequent years of service, not less than 90 calendar days notice prior to termination.

4.   Discharge for Cause

Any employee occupying a covered position may be discharged for stated cause. Discharge for cause is to be distinguished from discontinuation with notice (Section III.B.1.), automatic expiration of term (Section III.B.2.), and termination due to financial exigency (Section III.B.3). Stated causes for discharge shall include, but not necessarily be limited to, incompetence, unsatisfactory performance, neglect of duty, insubordination, 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 grievance procedures of Section III.C. (except Section III.C.5.) of these Policies.

When an employee occupying a covered position has been notified of the intention to discharge him/her for cause, the Chancellor (or the Chancellor's designee) may suspend the employee at any time and continue the suspension until the Chancellor has reached a final decision concerning discharge by the procedures prescribed herein; the power to suspend shall be invoked only in exceptional circumstances, and when it is determined to be in the best interests of the University. Further, such suspension shall be with full pay.

C. Review of Employment Decisions and Grievances

1.  The University is committed to fair and equitable treatment for all employees. Therefore, the University has established a Grievance Policy and Procedures for EPA Non-Faculty employees covered under this section, under which employees may secure review of decisions concerning discharge for cause or other disciplinary action, or secure review of grievances concerning the interpretation and application of any provision of these employment policies. The Grievance Policy and Procedures for EPA Non-Faculty employees shall be used in conjunction with these Policies.

2.  The EPA Non Faculty Grievance Committee shall be appointed by the Chancellor.

3.   "Grievances" within the province of the Committee's power include not only complaints arising from alleged discrimination on the basis of age, sex, race, color, national origin, religion, disability, creed, honorable service in the armed services of the United States, or sexual orientation as provided by University policy, but other problems of employees in covered positions arising out of the employment relationship, including those concerning the interpretation and application of any provisions of the Employment Policies for Instructional and Research EPA Non Faculty Employees of The University of North Carolina at Chapel Hill, provided, however, that grievances concerning discontinuations or terminations of employment with notice, pursuant to Sections III.B.1., III.B.2., or III.B.3 of these Policies may be brought only upon allegations of violations of applicable notice requirements or violations of any provision of Section III.D. or III.E. of these Policies.

4.  The Committee may act as a whole or, by designation of the Chairman, in panels of three or more, for the consideration of particular grievances. It may promulgate rules of procedure for its operations.

5.  With respect to all grievances except grievances concerning discharge for cause pursuant to Section III.B.4., above, the Committee is authorized to hear, mediate, and advise with respect to the adjustment of grievances of employees in covered positions.

No grievance may be considered except on the basis of a prior written statement of its nature by the aggrieved person, and until determination is made that an unsuccessful attempt has been made by the person to resolve it with the administrative official most directly concerned. The Committee is empowered to hear representations by the persons directly involved in grievances, to mediate voluntary adjustment by the parties, and to advise adjustment by the administration when appropriate. Advice for adjustment in favor of an aggrieved may be given to the Chancellor only after the department head, dean, or other administrative official most directly empowered to adjust it has been given similar advice and has not acted upon it within a reasonable time.

Filing a grievance will not prevent the discontinuation of appointment under Section III.B.1, above, nor extend the expiration date of a term appointment under Section III.B.2., above, absent exceptional circumstances as determined in the sole discretion of the Chancellor.

6. With respect to grievances concerning discharge for cause pursuant to Section III.B.4., above, the procedures specified below shall be followed.

a.  If, within ten calendar days after the employee receives the notice of intent to discharge referred to in Section III.B.4., above, the employee makes no written request for either specification of reasons or a hearing, he or she may be discharged without recourse to any further institutional procedure by a written letter of discharge from the Chancellor or his or her delegate.

b.  If, within ten calendar days after he or she receives the notice referred to in Section III.B.4., above, the employee makes written request, by registered mail, return receipt requested, for a specification of reasons, the Chancellor or his or her delegate shall supply such specification in writing by registered mail, return receipt requested, within ten calendar days after receiving the request. If the employee makes no written request for a hearing within ten calendar days after he or she receives the specification, the employee may be discharged without recourse to any further institutional procedure by a written letter of discharge from the Chancellor or his or her delegate.

c.  If the employee makes a timely written request for a hearing, a hearing shall be accorded before the EPA Non Faculty Grievance Committee. The hearing shall be on the written specification of reasons for the intended discharge. The hearing committee shall accord the employee twenty calendar days from the time it receives his or her written request for a hearing to prepare his or her defense. The Committee may, upon the employee's written request and for good cause, extend this time by written notice to the employee.

d.  The hearing shall be closed to the public unless the employee and the Committee agree that it may be open. The employee 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. A written transcript of all proceedings shall be kept; upon request, a copy thereof shall be furnished to the employee at the University's expense.

e.  The Chancellor, or his or her delegate or counsel, may participate in the hearing to present evidence, cross-examine witnesses, and make argument.

f.  In reaching decisions on which its recommendations are based, the Committee shall consider only the evidence presented at the hearing and such written and oral arguments as the Committee, in its discretion, may allow. A recommendation by the Committee in favor of the aggrieved employee shall be given by the Committee Chair to the Chancellor only after the department chair, dean, or other administrative official most directly empowered to enact the recommendation has been given similar advice by the Committee and, absent exceptional circumstances, has not acted upon it within fifteen calendar days.

7.  With respect to any grievance, if the Chancellor concurs in a recommendation of the Committee that is favorable to the employee, his or her decision shall be final. If the Chancellor either declines to accept a Committee recommendation that is favorable to the employee or concurs in a Committee recommendation that is unfavorable to the employee, the employee may appeal the Chancellor's decision to the Board of Trustees. This appeal shall be transmitted through the Chancellor and be addressed to the Chairman of the Board. Notice of appeal shall be filed within ten calendar days after the employee receives the Chancellor's decision. The appeal to the Board of Trustees shall be decided by the Board of Trustees. However, the Board may delegate the duty of conducting a hearing to a standing or ad hoc committee of at least three members. The Board of Trustees, or its committee, shall consider the appeal on the record, but it may, in its discretion, hear such other evidence as it deems necessary. In all cases, review shall be limited to the question of whether the Chancellor committed clear and material error in reaching his or her decision. The Board of Trustees' decision shall be made within 120 calendar days after the Chancellor has received the employee's request for an appeal to the Trustees. This decision shall be final except that the employee may, within ten calendar days after receiving the Trustees' decision, file a written petition for review with the Board of Governors if he or she alleges that one or more specified provisions of The Code of The University of North Carolina have been violated. All such petitions to the Board of Governors shall be transmitted through the President.

D. Equal Employment Opportunity

It is the policy and intention of The University of North Carolina at Chapel Hill 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 age, sex, race, color, national origin, religion, disability, creed, honorable service in the armed services of the United States, or sexual orientation as provided by University policy.^[4] 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.

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' Policy in this regard, as adopted on January 16, 1976, and as it may be revised from time to time, shall apply to covered positions.

F. Holiday and Leave Entitlement

1.  Holidays

Employees in covered positions shall be entitled to the same state-prescribed holidays given to employees subject to the State Personnel Act.

2.  Annual Leave

a.  Basic Leave Policy

A full-time employee in a covered position shall be entitled is 24 work days of annual leave per calendar year. The amount of annual leave is adjusted proportionately for part-time employees in covered positions who work halftime or more. Leave shall be earned on a monthly basis. 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 at least half the working days of a month.

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; however, unused annual leave in excess of thirty (30) days shall be converted to sick leave on December 31st of each year.

b.   Exceptions to Basic Leave Policy

With respect to an incumbent employee occupying a covered position as of July 1, 2001, if the employee currently earns more annual leave than that to which the employee would be entitled under the provisions of this Policy, the employee will continue to earn leave at his or her current rate; provided, that in no case shall maximum annual leave exceed 26 work days per calendar year.

c.  Transfer of Accrued Annual Leave

A new employee in a covered position cannot transfer accrued annual leave from other UNC institutions or other State agencies to this University. Upon discontinuation of employment from the University, a covered employee may either elect a payout of accrued annual leave as provided in Section III.F.2.e., below, or transfer the remaining balance of any unused annual leave to another UNC institution, State or local governmental agency, subject to the receiving agency's approval.

d.  Advancement of Annual Leave

Subject to approval by the employee's supervisor, an employee may be advanced the amount of leave that can be accrued during the remainder of the calendar year. If an employee separates from the University and has taken more annual leave than has been accrued, the University will make deductions from the employee's final salary check accordingly.

e.  Payout of Accrued Annual Leave

An employee in a covered position who has accrued such unused annual leave as of the date of discontinuation of employment, and who either does not elect or is not eligible to transfer such accrued leave to another position within UNC-Chapel Hill, another UNC institution, or State or local governmental agency, shall be paid for such unused annual leave.

i.  Employees with 24 Months or Less Total State or Local Service

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.

ii.  Employees with More than 24 Months Total State or Local Service

An employee who has been employed for more than 24 months by one or more State or local governmental agencies may elect to take all or part of such unused annual leave prior to the discontinuation of employment, subject to the prescribed maximum of 30 such days, or may elect to be paid in a lump sum for any accrued annual leave that is unused as of the date of discontinuation, subject to a prescribed maximum of 30 days for lump sum payment. Upon request of the employee, the supervisor shall permit the employee to take such leave prior to discontinuation.

3.  Sick Leave, Family and Medical Leave, Family Illness Leave, Civil Leave, Military Leave and Community Service Leave

Employees in covered positions shall be entitled to the same provisions concerning sick leave, family and medical leave, family illness leave, civil leave, military leave and community service leave given to employees subject to the State Personnel Act.

4.  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 or designee.

5. Educational Entitlement

Employees in covered positions shall be entitled to utilize the benefit of tuition waiver, as provided by G.S. 116-143.

6.  Voluntary Shared Leave

Permanent employees in covered positions shall be entitled to the same state-prescribed provisions concerning shared leave as given to employees subject to the State Personnel Act with the exception that the donation and acceptance of such leave shall be computed on the basis of days rather than hours.

G. Statutory and Other Rules of Employment

1.  Privacy of Personnel Records

Employees in covered positions enjoy the protections of and are subject to the provisions of Article 7 of N.C.G.S. 126, entitled "The Privacy of State Personnel Records."

2.  Employment Preference for Veterans

Employees in covered positions enjoy the protections of and are subject to the provisions of N.C.G.S. 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.

3.  Employment of Related Persons

Employees in covered positions are subject to the Policy concerning employment of related persons as adopted by the Board of Governors on April 13, 1972, and as it may be revised from time to time.

4.  Retirement

Employees in covered positions may retire in accordance with the provisions of Chapter 135 of the North Carolina General Statutes ("Retirement System of Teachers and State Employees").