×î¿ì¿ª½±Ö±²¥½ÁÖé½á¹û

(Note: OLPM sections on this page may be cited following the format of, for example, "PSU.V.C.1.1.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)

---

1.Ìý  Faculty Flexibility and Work/Life Balance Policies

Certain procedural elements of the broader ×î¿ì¿ª½±Ö±²¥½ÁÖé½á¹û FMLA policy must be followed by faculty when taking leave under the Faculty Flexibility and Work/Life Balance Policies. Please review the procedural elements of the broader, USY.V.C.19 or contact Human Resources for guidance.

1.1ÌýÌý Qualifying Condition/Events: Certain qualifying conditions/events provide faculty with the option for leave under the faculty Flexibility and Work/Life Balance policies. These qualifying conditions/events are as follows:

1.1.1Ìý  upon the birth of the employee's child;

1.1.2Ìý  upon the placement of a child with the employee for adoption or foster care;

1.1.3Ìý  when the employee is needed to care for a child, spouse, or parent who has a serious health condition;

1.1.4ÌýÌýÌýwhen the employee is unable to perform the essential functions of his/her position because of a serious health condition;

1.1.5Ìý  to (i) care for a member of the US Armed Forces who incurred a serious injury or illness in the line of duty while on active duty in the US Armed Forces; or to (ii) deal with a "qualifying exigency" arising out of a family member's active duty service or call to active duty in the US Armed Forces; or any combination of the two, is considered military-related FMLA leave.

1.2Ìý  Types of Leaves available under Faculty Flexibility and Work/Life Balance Policies

1.2.1ÌýÌýÌýFamily and Medical Leave Act (FMLA) for Faculty. A family and/or medical leave shall be defined as an approved absence available to eligible faculty members for up to 12 weeks per year calendar year. A calendar year is defined as a "rolling" 12-month period measured backward from the date an employee uses any FMLA leave. To be eligible for leave under this policy a faculty member must have been employed within ×î¿ì¿ª½±Ö±²¥½ÁÖé½á¹û for at least 12 months in total and must have worked at least 1,250 hours during the 12 month period preceding the commencement of the leave. Leaves under FMLA for faculty are available for the qualifying conditions/events noted above.

1.2.2ÌýÌý Parental Leave for Birth or Adoption of a Child. A Parental Leave for Birth or Adoption of a Child shall be defined as an approved paid leave of absence to an eligible faculty member who becomes a mother or father through birth or adoption for a maximum of twelve (12) weeks of paid leave of absence starting with the arrival of the child.

1.2.2.1Ìý  The faculty member shall inform his/her supervisor in writing, as early as possible, of the intent to use parental leave.

1.2.2.2Ìý  Parental leave will replace post-natal pregnancy-related disability leave (USY V.A.4.13.6). Pre-natal pregnancy-related disability leave is available only under the policies outlined in USY V.A.4.13.6.

1.2.2.3ÌýÌýÌýWhen both parents work for Plymouth State University, the maximum combined leave they may take is 12 weeks.

1.2.2.4Ìý  If the faculty member decides to return to work prior to the end of 12 weeks, s/he shall provide written notice at least 14 days prior to the return date.

1.2.2.5Ìý  If the faculty member accrues vacation/sick leave, the period of parental leave shall first include the use of accumulated sick leave.

1.2.2.6ÌýÌýÌýPaid leave taken under this provision shall run concurrently with any leave granted under the Family and Medical Leave Act of 1993.

1.2.3ÌýÌýÌý"Faculty Leave for Exigencies" (FLE). Faculty members not yet eligible for FMLA leave may apply for a Faculty Leave for Exigencies (FLE). The FLE would be available for new faculty at PSU who have not completed the minimum one (1) year of employment (approximately 1250 hours). The FLE provides new faculty with leave time similar to FMLA for the qualifying conditions/events noted above.

1.3ÌýÌýÌýSpecial Considerations:

1.3.1ÌýÌý A faculty member may request release from teaching assignments for the balance of the semester when FMLA or FLE leave will be three (3) or more weeks during the semester. In this case, the Department Chair in consultation with the faculty member, Dean and Provost will determine alternate work assignments for the period following the end of the FMLA or FLE leave.

1.3.2ÌýÌý Military leave taken under FMLA or FLE to care for an injured armed service member may be for up to 26 weeks.

1.3.3ÌýÌýÌýFurther, no combination of military related, FMLA or FLE can extend beyond 26 weeks in any 12-month period.

(Note: OLPM sections on this page may be cited following the format of, for example, "PSU.V.D.12.1.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)

---

12.ÌýÌýÌýComplaint Resolution. The Complaint and Grievance Resolution procedures (see also PSU V.D.13) represent two distinct but related processes established for the purpose of resolving work-place problems and/or misunderstandings. This procedure (PSU V.D.12) pertains to complaints, and the following procedure (PSU V.D.13) pertains to grievances. Except where noted, status PSU faculty and staff may use either procedure solely and separately, or may use the complaint resolution procedure as the first step of the grievance resolution procedure.

12.1ÌýÌýÌýComplaint Resolution -- General

12.1.1ÌýÌýÌýPurpose. The PSU complaint resolution procedure is intended to resolve complaints and problems arising out of the interpretation and/or implementation of Board of Trustee, University System, or Plymouth State University policy, procedure and practice.

12.1.2ÌýÌýÌýDefinition - Complaint. A complaint is an issue of concern related to a work-place situation or working conditions.

12.1.3Ìý  Relation to Grievance Process. The complaint resolution process may serve as an informal step to the PSU grievance resolution procedure (PSU.V.D.13). Complaints related to evaluations of work performance, and final classification determinations cannot be grieved. Termination may be addressed only through the grievance resolution procedure.

12.1.4ÌýÌýÌý°ä´Ç²Ô»å¾±³Ù¾±´Ç²Ô²õ

12.1.4.1ÌýÌý The complaint resolution mechanism does not provide employees any rights other than the right to have a complaint heard and be considered. It does not bind PSU to any particular outcome or course of action.

12.1.4.2Ìý  Complaints may be brought to Personnel at any time. In order to continue complaints into the grievance resolution procedure, established time lines must be followed. If the complaint is against Personnel, the Director of Personnel will make a determination of the appropriate source of appeal. The complainant may have an advocate (must be a status PSU employee who is not an attorney).

12.1.4.3ÌýÌýÌýConfidentiality shall be expected of participants in the complaint resolution process. Information revealed and discussions held shall be confidential as reasonable within legal requirements and organizational responsibilities.

12.1.4.4Ìý  The filing of a complaint shall not affect the rights of an employee to seek any remedy which may be available in an external forum and does not postpone any deadlines for pursuing such remedies.

12.1.4.5ÌýÌýÌýPSU shall not take punitive actions or retaliate against a faculty or staff member for filing a complaint. Such retaliatory action by PSU employees shall be subject to appropriate discipline.

12.1.4.6Ìý  Remedies. Remedies pursued under the complaint resolution procedure may include any remedy which conforms to the spirit of the policy.

12.1.5ÌýÌý Personnel function. The PSU Personnel Office shall serve as a resource for understanding, accessing and managing the complaint resolution process.

12.1.6ÌýÌý Record keeping. Complaint information shall be kept in a confidential file in the Personnel Office and will be accessible only to those individuals engaged in the complaint resolution process and appropriate administrators with an official need to know.

12.2Ìý  Process of Complaint Resolution

12.2.1ÌýÌýÌýA status PSU faculty or staff member may register a complaint by notifying the PSU Personnel Office of the complaint and indicating a desire to pursue a solution. If the faculty or staff member wishes this complaint to meet the deadline for filing a grievance, the notification of a complaint/grievance must be in writing.

12.2.2Ìý  After considering the nature of the complaint, the PSU Personnel Office will initiate a discussion towards a resolution. Options to pursue resolution will include, but not be limited to, discussions with the supervisor, informal investigation of facts, and/or use of a third party to help mediate between the decision maker and the complainant. PSU faculty may use the Review Committee (as defined in the PSU Faculty Handbook) as the process for complaint resolution.

12.2.3ÌýÌý If a resolution is reached, it will be communicated in writing to all involved parties.

12.2.4ÌýÌýÌýIf the options, outlined in 12.2.2, selected do not result in a satisfactory resolution of the complaint, the Personnel Office may, as appropriate, require any of the following:

12.2.4.1ÌýÌýÌýA report from the investigator of the facts of the case

12.2.4.2ÌýÌýÌýA report from the mediator about the potential solutions

12.2.4.3ÌýÌýÌýA report from the supervisor about the reasons that no settlement or resolution was reached

12.2.4.4Ìý  The Personnel Office will establish the appropriate time frame for any report or follow up on reports required.

12.2.4.5ÌýÌýÌýIf the complaint is not grievable or pursued as a grievance, the process ends at this point.

12.2.5ÌýÌýÌýIf the complaint also qualifies as a grievance under the definition in 13.1.2, a PSU faculty or staff member may file a written grievance within the deadlines established in Section 13.1.3.1. The Personnel Office will make a determination of the point at which the complaint process has ended. If the complaint continues as a grievance, the grievance will normally continue at Step One. By mutual agreement of the college and the grievant, the grievance may begin at Step Two.

13.ÌýÌýÌýGrievance Resolution. The Complaint and Grievance Resolution procedures (see also PSU V.D.12) represent two distinct but related processes established for the purpose of resolving work-place problems and/or misunderstandings. Except where noted, PSU faculty and staff may use either procedure solely and separately, or may use the complaint resolution procedure prior to Step One of the grievance resolution procedure.

13.1Ìý  Grievance Resolution -- General

13.1.1Ìý  Purpose. The PSU grievance resolution procedure is intended to provide PSU status faculty and staff members who are not otherwise covered by a Collective Bargaining Agreement a mechanism to resolve alleged violations of Trustee, University System or Plymouth State University policy.

13.1.2Ìý  Definition: Grievance. A grievance is a written statement alleging a violation of a Board of Trustees, University System or Plymouth State University policy. The grievance procedure shall not be used to review the substantive merits of an administrative judgment, evaluation, or other discretionary act or decision, except as may be necessary when a violation of a nondiscrimination policy is alleged. A grievance may be filed by any status faculty or staff member except principal administrators.

13.1.3ÌýÌýÌýConditions

13.1.3.1ÌýÌýÌýThe deadline for filing a grievance shall be ten (10) calendar days from the day on which the aggrieved faculty or staff member becomes aware of the action which is alleged to violate policy. In no event may a grievance be filed more than one year after the occurrence of the alleged policy violation. In cases where the complaint resolution process is used, the grievance moves to either Step One or Step Two within ten (10) calendar days of the failure of that process (the date will be determined and announced by the PSU Office of Human Resources).

13.1.3.2Ìý  The grievant may have an advocate, who may act in an advisory capacity to the grievant or, at the grievant's request, may speak on the grievant's behalf. This advocate must be a status PSU employee who is not an attorney.

13.1.3.3ÌýÌýÌýTwo or more employees similarly aggrieved by the same alleged violation of policy may file a joint grievance. All grievants to a particular grievance shall be identified in the written statement setting forth the grievance. A "class action" grievance shall not be permitted.

13.1.3.4ÌýÌýÌýConfidentiality shall be expected for participants in the grievance resolution process. Information revealed and discussions held shall be confidential as reasonable within legal requirements and organizational responsibilities.

13.1.3.5ÌýÌýÌýThe filing of a grievance shall not affect the rights of an employee to seek any remedy which may be available in an external forum and does not postpone any deadlines for pursuing such remedies.

13.1.3.6ÌýÌýÌýPSU shall not take punitive actions or retaliate against a faculty or staff member for filing a grievance. Such retaliatory action by PSU employees shall be subject to appropriate discipline.

13.1.4ÌýÌýÌýRemedies. The remedies available under this grievance resolution procedure shall be limited to those necessary to bring the grieved action into conformance with the policy which was violated.

13.1.5ÌýÌý Human Resources Function. The PSU Office of Human Resources shall serve as a resource for understanding, accessing and managing the grievance resolution procedure.

13.1.6Ìý  Record keeping. All materials used in the grievance process, including tape recordings, exhibits, minutes and affidavits, shall be held in a confidential file in the PSU Office of Human Resources and/or appropriate site as designated by the Office of Human Resources. This file shall be separate from the official personnel files.

13.2ÌýÌý Process of Grievance Resolution

13.2.1Ìý  The grievant files a written statement of grievance with the PSU Office of Human Resources. The statement will include the specific policy or policies alleged to be violated, a brief statement of the alleged violation, and the resolution desired.

13.2.2ÌýÌýÌýThe Office of Human Resources and/or the grievant shall consider the appropriateness of using the complaint resolution procedure. Faculty have the option of utilizing either this grievance resolution procedure or the grievance process as defined in PSU Faculty Handbook. Electing one process precludes using the other.

13.2.3ÌýÌýÌýStep One

13.2.3.1ÌýÌýÌýThe PSU Office of Human Resources will arrange a conciliation meeting to take place within twenty (20) calendar days of receipt of a properly filed grievance. The conciliation group will include, but not be limited to: the grievant, the grievant's advocate, a representative of the PSU Office of Human Resources, the person whose actions are being grieved (the respondent) and any other individuals appropriate to resolution of the grievance.

13.2.3.2Ìý  The grievant and respondent each have the responsibility to provide documents which can reasonably be expected to contain evidence bearing on the case. This process of discovery may include an effort to investigate the facts and ask questions of the participants prior to the conciliation meeting in an effort to seek out evidence relevant to the grievance.

13.2.3.3Ìý  The PSU Office of Human Resources shall coordinate the collection of the documents. The documents shall be made available to all parties to the conciliation meeting.

13.2.3.4ÌýÌý The conciliation group will meet to review the grievance and fashion a mutually acceptable resolution. The meetings are intended to be non-adversarial and each party is expected to extend serious consideration to the views of the other parties.

13.2.3.5ÌýÌýÌýIf the parties are able to reach a consensus for the resolution of the grievance, the terms of the resolution will be implemented by PSU. The resolution shall not be precedent setting.

13.2.3.6ÌýÌý If the parties are unable to reach a resolution, the grievant shall have the option of filing a written request to proceed to Step Two. This request will be made to the PSU Office of Human Resources no later than five (5) calendar days after the end of Step One. All documents submitted for Step One will be provided by the Office of Human Resources for review at Step Two.

13.2.4Ìý  Step Two. The grievant has the option to have a Step Two grievance heard by a hearing panel, which makes a recommendation to the President, or heard directly by the President, if he/she agrees. If the President is the accused, an appropriate administrator would be asked to act accordingly.

13.2.4.1ÌýÌýÌýFor PSU staff, a hearing panel shall consist of three (3) ×î¿ì¿ª½±Ö±²¥½ÁÖé½á¹û status employees, at least one of whom must be the same occupational type as the grievant, and at least one of whom must be the same occupational type as the person whose actions are being grieved. If the person whose actions are being grieved is a principal administrator, the panel member need only have a supervisory responsibility. For PSU faculty, the hearing panel shall be the Grievance Resolution Committee of the Faculty, as described in Section 2.17 of the PSU Faculty Handbook.

13.2.4.2Ìý  The PSU Office of Human Resources shall coordinate the selection of the panel members in agreement with all parties.

13.2.4.3ÌýÌýÌýAfter selection of the hearing panel, the panel shall determine the hearing procedures, including but not limited to, reasonable time limitations if any, method of hearing witnesses, and overall format. A pre-hearing meeting will be held to inform the parties of these procedures.

13.2.4.4Ìý  A representative of the Office of Human Resources will attend the hearings to provide procedural support to the panel.

13.2.5ÌýÌýÌýThe panel will determine whether a policy violation has occurred, and if so, what shall be the appropriate remedy. The panel shall not serve to provide greater wisdom on an issue as part of decision/recommendation.

13.2.5.1Ìý  If a panel was selected, the panel will make a recommendation to the President of Plymouth State University, which will include a determination of which, if any, policies have been violated, and a proposed remedy if appropriate. The decision will be by majority vote.

13.2.6Ìý  Decision of the President

13.2.6.1ÌýÌýÌýIf the grievance was heard directly by the President, the parties (grievant and respondent) shall be notified in writing of the decision within 10 calendar days following the hearing date.

13.2.6.2Ìý  Upon the receipt of a recommendation from the hearing panel, the President will make the final decision on the employee grievance. The President shall retain the authority to accept or reject the recommendation of the panel in whole or in part. The remedy, if any is appropriate to the decision, shall conform to PSU V.D.13.1.4. The parties (grievant and respondent) shall be notified in writing of the decision within ten (10) calendar days following the President's receipt of the recommendation from the hearing panel. The hearing panel will receive a copy of the President's written decision. Such decision shall be final.

13.2.6.3  Exception.  If the President is named as a party in a grievance, the grievant may request review by the ×î¿ì¿ª½±Ö±²¥½ÁÖé½á¹û Chancellor in accordance with policy USY.V.D.12.4.1.7.1.

(Note: OLPM sections on this page may be cited following the format of, for example, "PSU.V.F.10.1.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)

---

NOTE: Any approvals for supplemental pay within the appointment period described in section PSU V.F.10.2.2, 10.2.4 and/or 10.2.6 must include documentation that the payment is for services performed outside the regular job description and responsibilities. In the case of Principal Administrators, Academic Administrators, Librarians, PATs, Extension Educators and Operating Staff, the absence from the regular job duties shall be accounted for through the use of documented vacation/earned time or other such appropriate arrangements made and documented with the supervisor in advance. Any supplemental pay for Principal Administrators requires advance approval of the Executive Committee of the Board of Trustees.

10.ÌýÌýÌýTypes of Salary not Included in Base Salary

10.1Ìý  Hourly-based Supplemental Pay for Services

10.1.1ÌýÌý Compensatory time. If allowed by campus policy, compensation for overtime may be in the form of compensatory time off in lieu of cash payment. Such compensatory time will be at one and one-half hour for each hour of overtime worked either in excess of eight hours in any one day or 40 hours in one week.

10.1.1.1ÌýÌýÌýAgreement. If compensatory time is taken, it must be the result of a mutual agreement between the staff member and supervisor prior to the performance of the work, without any coercion or pressure by the supervisor.

10.1.1.2Ìý  Accumulation/usage. In general, staff members may accumulate up to 240 hours of compensatory time with the exception of those engaged in public safety work who may accumulate 480 hours, as applicable. Since compensatory time may not be carried from one fiscal year to another, staff members should be permitted to take accumulated compensatory time off within a reasonable period of time after the overtime is worked. Any comp time balance will be added to an employee’s earned time record. When an employee takes time off and has a comp time balance, the comp time will be absorbed first before earned time hours are deducted. Comp time hours taken do not apply to an employee's minimum usage of earned time.

10.1.1.3ÌýÌýÌýMonetary payment. Compensatory time will be paid off in cash prior to or on June 30 of each year. If a staff member terminates or transfers to another department, cash payment will be made for accumulated compensatory time based either on average regular rate of pay over the last three years or the final regular rate of pay, whichever is higher.

10.1.1.4Ìý  Records. Unless otherwise specified by the institution, the supervisor is responsible for maintaining records. Records of compensatory time must be maintained and preserved to include:

• Number of compensatory hours earned each workweek by each employee
• Number of compensatory hours used each week by each employee
• Number of hours of compensatory time paid in cash
• For law enforcement personnel, an indication of the work week period for each employee

10.2ÌýÌýÌýExempt Supplemental Pay for Services—by Event, Project, or Course

10.2.1ÌýÌý Faculty Summer/Non-appointment Period Payments. Compensation for teaching or research appointment which occurs during the summer or other nonacademic year period. Approval from the Vice President of Academic Affairs (VPAA) or designee is required for this type of supplemental work.

10.2.2Ìý  Faculty Overload Payments. Compensation for teaching extra courses within the faculty member's academic division which occur during the faculty member's academic or fiscal year appointment period. Approval from the VPAA or designee is required for this type of supplemental work.

10.2.3Ìý  Faculty Chair Pay. Compensation for services performed as a departmental chair. Approval from the VPAA or designee is required.

10.2.4ÌýÌýÌýFaculty Additional Pay During the Appointment Period. Compensation for services including teaching, research, and consulting that is not included in the regularly assigned workload of the faculty member. This includes work for Continuing Education, institutes and all other ×î¿ì¿ª½±Ö±²¥½ÁÖé½á¹û institutions, which occur during the faculty member's academic or fiscal year appointment period. This requires VPAA or designee approval plus an acknowledging signature by the supervisor of the operating unit where the supplemental work will be performed.

10.2.5Ìý  Payment for Staff Work outside the Appointment Period. Compensation made for services rendered to ×î¿ì¿ª½±Ö±²¥½ÁÖé½á¹û which are not included in the regular work assigned and which are performed outside the staff member's normal work period (e.g. weekends, outside the flex appointment). This activity requires the signature by the supervisor of the operating unit where the supplemental work will be performed.

10.2.6Ìý  Payment for Staff Work inside the Appointment Period. Compensation made for services rendered to ×î¿ì¿ª½±Ö±²¥½ÁÖé½á¹û which are not included in the regular work assigned and which are performed inside the staff member's normal work period. For academic supplemental appointments, approvals are required by the employee's supervisor and the VPAA or designee. For nonacademic supplemental appointments, approvals are required by the employee's supervisors (for both the regular and supplemental appointments) and the Human Resources Office. Documentation is required to indicate how the employee will address usual workday responsibilities occurring while the supplemental work is performed.

10.3Ìý  Supplemental Pay—Recognition

10.3.1ÌýÌýÌýBonus. Compensation awarded to recognize extraordinary effort or contribution. Proposals for bonuses should be in the form of a written memo, approved by the appropriate Principal Administrator and forwarded to Human Resources for review and recommendation. The President must also approve proposals for bonuses.

10.3.2ÌýÌý Honorarium. An honorarium is an award for a service provided to the University System for which no fee is charged but for which the University wishes to show a token of its appreciation. Honorariums are usually associated with such services as lectures, seminars or workshops. Honorariums are compensated by a one-time non-benefits eligible cash payment to a recipient who may or may not be an employee of the University System. For non-employees, honorariums are processed via a special form through the Accounts Payable department; in this case, an account custodian or supervisory signature is required. For employees, honorariums are processed through the PSU payroll operation in Human Resources; these transactions require principal administrator authorization.

10.3.3ÌýÌýÌýAward. A one-time payment to a faculty/staff member awarded by the institution in recognition of special achievement. Awards are processed by the Human Resources payroll operation and require a letter of approval by the President.

11.Ìý  Total Compensation Policy and Guidelines for Principal Administrators

11.1ÌýÌýÌýAccording to Board of Trustees policy, BOT V.F.2.4 and USY V.F.11, the President will set total compensation policy and guidelines for Principal Administrators (PAs) at Plymouth State University.

11.2Ìý  The following policy and guidelines are provided with the intention of complying with all of the provisions of those policies and in accordance with state and federal legislation. Additionally, the guidelines provide for promoting the goals of internal equity, rewarding meritorious performance, and fostering the University's ability to attract and retain highly qualified candidates for leadership positions.

11.2.1Ìý  PSU will seek to maintain a base compensation for principal administrators that targets a base pay range built off the median of market data from appropriate comparator institutions and will consider each individual’s background and experiences, skills and other relevant data, which may provide for an amount below or above median normally not to exceed 80th percentile of market.

11.2.2ÌýÌýÌýBase compensation for PSU Principal Administrators will be reviewed annually and compared to current and relevant internal compensation data, external market data from comparator institutions, and other relevant EEO/AA data to ensure the goals of equity.

11.2.3ÌýÌýÌýPSU Principal Administrators receive annual performance reviews based on accomplishment of individual, team and organizational strategic goals.

11.2.3.1Ìý  Principal Administrators may have periodic campus reviews as deemed appropriate. The scope and content of the campus review will address major areas of responsibility, soliciting input from appropriate constituencies.

11.2.4ÌýÌýÌýSome portion of the PSU Principal Administrators total increased compensation will be "at risk," meaning that a merit component and bonus pay may be given based on job performance. The "at risk" amount generally will not exceed 20% of total compensation.

11.2.5ÌýÌýÌýMerit based pay for principal administrators will be based upon the achievement of individual, team, and organizational strategic goals as agreed upon at the beginning of the review period.

11.2.6Ìý  Bonus pay will be available for performance achievement beyond set individual, team, and organizational strategic goals.