I. Scope and Applicability of Employment Covered by the Policies
On April 12, 2001, the Board of Governors of The University of North Carolina revised its policies concerning employees exempt from the State Personnel Act (hereinafter “EPA” employees). Those policies (hereinafter “Policies
”), incorporated into this Policy as Attachment A
, apply to the following permanent employment positions within The University of North Carolina at Charlotte:
1. Tier II Senior Academic and Administrative Officers pursuant to University Policy 102.9
: Associate and assistant vice chancellors; associate and assistant deans; and other administrative positions (other than those identified as Tier I Senior Academic and Administrative Officers in University Policy 102.9
A. members of the Chancellor's professional staff;
B. those responsible for the administrative direction of separately designated divisions or departments of institutional activity commonly associated with institutions of higher education;
C. those positions whose primary responsibility is to attract external funds for and/or market the University; and
D. other officers holding positions characterized by active, continuing involvement in formulating, interpreting, and implementing institutional policy and exercising substantial independence of administrative authority and discretion in areas such as program planning and design and allocation or resources; and
2. those positions that are not subject to the State Personnel Act (N.C.G.S. Chapter 126) and are not otherwise categorized.
Employment positions covered by the Board of Governors’ Policies do not
include: (l) faculty positions subject to institutional tenure regulations; (2) Tier I Senior Academic and Administrative Officers listed in University Policy 102.9
and subject to N.C.G.S. Section 116-11(4), N.C.G.S. Section 116-11(5), or N.C.G.S. Section 116-14; (3) positions within the "physicians or dentists" category under N.C.G.S. Section 126-5; (4) Postdoctoral Fellows, and (5) University students who are employed incident to their status as students, as in graduate teaching assistantships or work-study positions.
“Permanent” employment with respect to a EPA nonfaculty appointments is employment at will or for a fixed term of six months or more in a position requiring a time commitment of 20 hours or more per week. Fixed-term employment for a period of less than six months or requiring a time commitment of fewer than 20 hours per week is temporary employment. Temporary employees earn no annual or vacation leave and no sick leave.
II. Subject Matter of the Policies
The Board of Governors’ Policies (see Attachment A
) cover the following subjects:
I. Scope and Applicability of Employment Covered by the Policies
II. Appointments to Covered Positions
III. Discontinuations of Employment in Covered Positions
IV. Review of Employment Decisions and Grievances
V. Equal Employment Opportunity
VI. Protected Activity
VII. Holiday and Leave Entitlement
VIII. Statutory and Other Rules of Employment
III. Institutional Policies and Procedures
As required by the Policies, UNC Charlotte establishes the following institutional policies and procedures:
1. Definition of the term “year”: The term “year” for purposes of the leave provisions of the Policies is the calendar year, January 1 through December 31.
2. Transfers of accrued annual leave: The University does not accept transfers of accrued annual leave from other UNC constituent institutions or State or local governmental agencies. Upon discontinuation of employment by UNC Charlotte, an employee shall receive a payout of accrued annual leave.
3. Leave advances:
Subject to his or her supervisor’s approval, an employee covered by the Policies may be advanced the amount of annual leave and sick leave that can be accrued during the remainder of the year or during a twelve-month period. (See UNC Charlotte Personnel Information Memorandum #3
4. Payout of accrued annual leave: If an employee’s status changes from EPA to SPA (covered by the State Personnel Act), payout of accrued annual leave shall be pursuant to the applicable policy set forth in the State Personnel Manual.
5. Review of employment decisions and grievances:
A. The EPA Nonfaculty Grievance Committee shall be appointed by the Chancellor.
B. "Grievances" within the province of the Committee's power include not only complaints arising from alleged racial or sexual discrimination or discrimination on the basis of disability, but other problems of employee in positions covered by the Board of Governors’ Policies arising out of the employment relationship, including those concerning the interpretation and application of any provisions of this Policy; provided, however, that grievances concerning discontinuations or terminations of employment with notice, pursuant to Sections III.A., III.B., or III.C. of the Board of Governors’ Policies may be brought only upon allegations of violations of applicable notice requirements or violations of any provision of Section V. or VI. of those Policies.
C. The Committee may act as a whole or, by designation of the Chairperson, in panels of three or more, for the consideration of particular grievances. It may promulgate rules of procedure for its operations.
D. With respect to all grievances except grievances concerning discharge for cause pursuant to Section III.D. of the Board of Governors’ Policies, the Committee is authorized to hear, mediate, and advise with respect to the adjustment of grievances of employees in positions covered by those Policies.
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.
E. With respect to grievances concerning discharge for cause pursuant to Section III.D. of the Board of Governors’ Policies, the procedures specified below shall be followed.
1. If, within 10 days after the employee receives the notice of intent to discharge referred to in Section III.D. of the Policies, 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. [As used in this Section 4 only, unless the phrase "calendar days" is used, the word "day" shall mean any day except Saturday, Sunday, or an institutional holiday. In computing any period of time, the day on which notice is received is not counted, but the last day of the period being computed is to be counted.]
2. If, within 10 days after he or she receives the notice referred to in Section III.D. of the Policies, 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 specifications in writing by registered mail, return receipt requested, within 10 days after receiving the request. If the employee makes no written request for a hearing within 10 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.
3. If the employee makes a timely written request for a hearing, a hearing shall be accorded before the EPA Nonfaculty Grievance Committee. The hearing shall be on the written specification of reasons for the intended discharge. The Hearing Committee shall accord the employee 20 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.
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. The employee may consult with a fellow employee of his or her choice, who may volunteer to accompany and assist the employee during a hearing. Such employee-assistant shall serve as an advisor to the employee-grievant, but not as an advocate or spokesperson. 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.
The Chancellor, or his or her delegate or counsel, may participate in the hearing to present evidence, cross-examine witnesses, and make argument.
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 and oral arguments as the Committee, in its discretion, may allow. The Committee shall make its written recommendations to the Chancellor within 10 days after its hearing concludes.
F. 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 Chancellor shall give written notice of the decision to the employee and shall indicate whether an appeal to the next level should be sent to the President or to the Board of Trustees. The employee may appeal the Chancellor's decision to the President or Board of Trustees, as indicated by the Chancellor, within 10 days after the employee receives the Chancellor's decision. This appeal must be in writing, but need merely state, "I wish to appeal from the Chancellor's decision in my case." An appeal to the Board of Trustees shall be transmitted through the Chancellor and be addressed to the Chairman of the Board. An appeal to the President shall be addressed to the President with a copy to the Chancellor.
An appeal to the Board of Trustees shall be decided by the Personnel Committee of the Board of Trustees. However, the Personnel Committee may delegate the duty of conducting a hearing to a standing or ad hoc subcommittee of at least three members. The Personnel Committee, or its subcommittee, 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 decision of the Personnel Committee on behalf of the Board of Trustees shall be made within 120 calendar days after the Chancellor has received the employee's request for an appeal to the Trustees. A decision of the President or Board of Trustees shall be final except that the employee may file a written petition for review with the Board of Governors, pursuant to Section 609 C of The Code of the University of North Carolina. This written appeal need merely state, "I wish to appeal from the (Board of Trustees' or President's) decision in my case." All such petitions to the Board of Governors shall be transmitted through the President.