Separation from Employment

12.1

Policy

12.1.1

The University hires staff employees to work an indefinite period of time. University employment is at will

12.1.1.1

Regular staff employment termination may be initiated at any time by either the employee or by the University in accordance with the procedures within these policies.

12.1.1.2

The employment of persons who are hired as temporary employees is at-will; these employees may be separated from employment for any reason. That separation is subject to review and approval of the sector chief personnel officer.

12.1.1.3

Staff employees may be separated from employment voluntarily through resignation or job abandonment, or involuntarily through dismissal or layoff, or abolition of the position.

12.1.1.4

A staff employee voluntarily separating from employment shall be required to give advance notice of two (2) weeks for nonexempt and one (1) month for exempt staff employees, in order to be separated in good standing. Separating in good standing affects eligibility for subsequent recall-reinstatement, rehire-reinstatement, or reemployment-reinstatement consideration and for terminal vacation pay.

12.1.2

Any dismissal, suspension, or discipline of a staff employee shall be with consideration of the nature and severity of the act or problem.

12.1.3

Grounds for dismissal for misconduct, which may be immediate with due consideration to the nature and severity of the act or problem, include, but are not limited to, the following:

a.

Insubordination, which includes, but is not limited to unwillingness to perform assigned duties;

b.

Violation of University or department rules;

c.

Falsification of the application for employment, time records, or other University records;

d.

Any act which serves to defame or malign the reputation of the University;

e.

Dishonesty on the job;

f.

Imperiling the safety of University employees or the public, or possession of a firearm on University property other than by a staff employee authorized to possess a firearm, i.e., police or security or military personnel.

g.

Gambling on University property;

h.

Negligent destruction of University property;

i.

Drug abuse, or the influence thereof, or the unauthorized use or consumption of, while on the job or while on University property;

j.

Alcohol abuse, or the influence thereof, or the unauthorized use or consumption of, while on the job or while on University property;

k.

Acts which constitute a violation of local, state, or federal law on University property;

l.

Incarceration in jail following a conviction of a misdemeanor or felony by a court of competent jurisdiction, which results in missing at least five (5) consecutive working days (See following note.);

m.

Job abandonment (See following note. Also, see Policy #70.3.1.2.2.);

NOTE:

Misconduct items l. and m. are considered to be acts which the employee ultimately has control over and, therefore, are voluntary. An Employee Separation Sheet (see 12.4.1) shall indicate separation for these reasons (items l. and m.) as a Voluntary Quit.

n.

Any action or creation or participation in a situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization;

o.

Fighting and/or physical assault on University property and/or while on the job; and/or

p.

Other misconduct on University property.

12.1.4

Dismissal of a regular staff employee for reasons stated in this paragraph requires documented performance as outlined in Human Resources Policy and Procedure #62.0; grounds for dismissal or other disciplinary action for job related conduct for regular staff employees may include, but are not limited to the following:

a.

Failure, neglect, or inability to perform assigned duties;

b.

Excessive absences or tardiness;

c.

Failure to appropriately inform the department head or supervisor of absences or expected tardiness;

d.

Failure to act in a courteous or cooperative manner toward the public or University employees; and/or

e.

Inappropriate or unsuitable job performance.

12.1.5

When a regular staff employee commits an offense under 12.1.3, or when a regular staff employee commits an offense under 12.1.4 after appropriate disciplinary action has been taken under Policy #62.0, and an appropriate supervisory official judges that the offense warrants dismissal, the official shall immediately consult with the chief sector personnel officer. If the chief sector personnel officer is not available, the official shall immediately suspend the employee without pay, with a recommendation for dismissal. The dismissal is subject to a review for reasonable grounds for dismissal by the sector chief personnel officer, or for employees of the Central Administration by the Administrator for Personnel Policy and Procedures, or for employees of a community college by the president of that community college. Dismissal of an employee of the other vice presidential areas, other than the area of the Vice President for Administration, is subject to review by the appropriate chief personnel officer.

NOTE:

Any of the steps of normal progressive discipline as outlined in Policy Number 62.0, i.e. oral warning or correction, written warning or probation, or suspension, may be omitted, depending on the severity of the act or problem. See Policy 62.1.2. Department heads and supervisors are advised to consult with the sector personnel office for assistance in this process.

12.1.6

A layoff is a temporary separation from employment when the department or the sector personnel office reasonably anticipates a recall of the regular full-time or half time staff employee within one year (see Human Resources Policy and Procedure Number 15.0: Recall-Reinstatement, Rehire-Reinstatement and Reemployment-Reinstatement). Separation in which the department does not reasonably anticipate a recall of the regular full-time or half-time staff employee within one year is a termination of employment. (See 12.1.7 of this policy.) Layoff of regular full-time or half-time staff employees in positions funded on a recurring basis may be necessary because of the following:

a.

Lack of work to perform within the positions;

b.

Lack of funds to continue the position; and/or

c.

Any other reason leading to a reduction of staff employees.

12.1.6.1

Notice of one pay period shall be given to an affected staff employee prior to layoff.

12.1.6.2

Authority for layoff is vested with the appropriate chancellor after consultation with the sector personnel office. Decisions for layoffs shall be based on the following factors:

a)

The employee's work performance, e.g., consideration given to documentation of performance;

b)

The type of work, e.g., the specific individual job description of the position currently held by each staff employee; and/or

c)

The employee's length of service.

12.1.6.3

In case of layoff the staff employee shall, if recalled, be eligible for reinstatement. For additional information on reinstatement see Human Resources Policy and Procedure Number 13.0: Recall-Reinstatement, Rehire-Reinstatement and Reemployment-Reinstatement.

12.1.6.4

A staff employee selected for layoff may continue to participate in certain employee benefit plans as appropriate. (See Human Resources Policy and Procedure Number 90.0 through 99.0: Employee Benefits.)

12.1.7

A regular position may be abolished due to loss of funds or due to changes which necessitate elimination of the position. This may include a position funded by a grant, on a contract, or on a recurring basis.

12.1.7.1

A staff employee separating as a result of abolishment of the position shall be notified at least one (1) pay period in advance of separation.

NOTE:

A staff employee selected for layoff or whose position is abolished may be transferred, if possible, by the sector personnel office.

12.2

Delegation

Authority for enforcement of this policy is vested with the appropriate chancellor or vice president in coordination with the sector personnel office.

12.3

Procedure

12.3.1

The Employee Separation Sheet and the termination PAR shall be initiated by the department head for every staff employee as soon as the date of separation is determined. Both forms must agree and contain the correct last day worked, termination type, and terminal vacation, if any. In all cases, the date of separation will be the last day the employee actually worked even though terminal vacation pay is to be granted. (See Human Resources Policy and Procedure Number 81.0: Terminal Vacation Pay).

12.3.2

Employee Separation Sheet

12.3.2.1

The department head shall complete the Employee Separation Sheet on each employee at the time the employee gives or is given notice of termination. If the employee is leaving voluntarily, a letter of resignation stating the reason for leaving and last day of work may be submitted with the Employee Separation Sheet. If the employee is leaving involuntarily and a letter has been written, that letter and related disciplinary action forms shall be submitted with the Employee Separation Sheet.

12.3.2.2

The report should contain complete details surrounding the separation including all reasons for leaving, the last day physically on the job, and terminal vacation, if any, shown separately.

12.3.2.3

The report should include evaluation, rehire status, and whether or not work was available.

12.3.2.4

The report should be discussed with the employee by the supervisor and signed by both parties. The employee's signature notes knowledge of the report and does not necessarily note agreement with the content of the report.

12.3.2.5

One copy of the form shall be retained in the department, one copy given to the employee, and two copies forwarded to the sector personnel office with the termination PAR. A PAR which is not accompanied by the Employee Separation Sheet shall be returned to the originator.

12.3.3

Payroll Authorization Record (PAR)

12.3.3.1

The PAR shall be initiated to remove an employee from payroll records and the active personnel files. It shall be processed immediately and forwarded with the Employee Separation Sheet as soon as the date of separation is known.

12.3.3.2

The expiration of a valid payroll date shall cease the employee's pay but in no way terminates the person from the files of the sector personnel office or payroll department.

12.3.3.3

The preparation of a PAR and the Employee Separation Sheet is essential and strictly required whenever an employee has, in fact, separated. Failure to prepare and process these documents as soon as the separation date is known may result in unnecessary unemployment costs to the University.

12.4

Forms

12.4.1

Employee Separation Sheet

12.4.2

PAR