7. EMPLOYMENT INFORMATION

A. HIRING, SEARCH, AND SCREENING GUIDELINES

See OHR100 Recruitment, Selection, Appointment, and Non-Reappointment for policy and
Search and Hiring Procedures for Faculty, Academic Administrator, and A&P Positions Manual.

aHIRING AND SEARCH AND SCREENING GUIDELINES FOR FACULTY, ACADEMIC ADMINISTRATORS, AND A&P

(President's Memorandum Number 37, dated July 13, 1993)

Subject: Hiring and Search and Screen Guidelines for Faculty, Academic Administrators, and Administrative and Professional Positions

Purpose: The search and screening procedures are designed to ensure that searches are fair and equitable and explore areas over and beyond the traditional sources in an effort to increase the number of women, blacks, and other minority candidates in the applicant pool.

1. Search and Screening Procedures

a. Each search must have a specific statement of procedures that includes a job description or position announcements, advertisements, selection criteria, and a listing of the search committee membership. More information on each of these follows. The search procedure will be approved by the appropriate vice presidents.

b. Announcements and advertisements should include the State University Systems Vacancy Listing, and prospective paid advertisements, as well as special mailouts designed to reach women, blacks, and other minorities.

(1) Faculty and Academic Administration Positions - The appropriate administrator (chairperson, director, dean, provost, and/or president) will be responsible for announcement and advertisements of all faculty and academic administration positions.
(2) Administrative and Professional (A&P) Positions - All announcements and advertisements for A&P positions are initiated by the hiring department, and are processed and approved by the Office of Human Resources.

c. Search Committees

(1) Search committees are required for all faculty, academic administration, and Administrative and Professional positions.
(2) Search committees should be used for visiting faculty as well. Exceptions are possible, but the Provost must give written approval.
(3) Where possible, the membership of Search Committees should include women, blacks, and other minorities. Appropriate representatives may be chosen from outside the hiring unit.

d. The search committee will develop selection criteria to be used in the screening applications.

e. The specific search procedure for each vacancy shall be approved by the University's EEO Coordinator prior to any announcement or advertisements. The search procedure shall accompany the "Requisition to Fill Position Vacancy Form" when forwarded to the EEO Coordinator.

f. Interviews will be conducted to provide objective personal evaluation of recommended candidates. A check list or reporting form reflecting selection criteria should be part of standard procedures for interviews, and each candidate interviewed should have equitable time and exposure in the interviewing process. Interviewing groups should include women, blacks, and other minority representatives where possible.

g. The search committee will offer all members of the hiring unit involved the opportunity to meet the candidates and to offer their opinions of them.

2. Affirmative Action Requirement

a. All applications shall be acknowledged by the hiring department and shall include the Affirmative Action business reply card. The hiring department shall complete the position title, position number, application deadline, and department name prior to distribution to the applicant.

b. Upon the closing of the application period for a given position and prior to any review of applications (or prior to interviews in the case of searches without application closing dates), the appropriate vice president must certify that the candidate pool contains an appropriate distribution of qualified minority and female candidates using the following procedure.

(1) The vice president is provided a list of candidates by the appropriate administrator.
(2) The vice president provides the list to the EEO Coordinator.
(3) The EEO Coordinator annotates the list indicating the sex and race of each candidate, prepares a statistical summary of the candidate pool indicating number of candidates in each category of sex and race, and returns the annotated list and statistical summary to the vice president indicating whether or not the pool of applicants reflects the appropriate distribution on women and minorities.
(4) The vice president reviews the annotated list and statistical summary, and informs the appropriate administrator as to whether there is an appropriate distribution of women and minorities. If the pool does not contain a representative distribution of women and minorities, the search will be extended until candidate pool is appropriate.

c. Prior making an offer, the Hiring Impact Report must be filed with the university EEO Coordinator for review and approval.

d. At the conclusion of the search, the Hiring Impact Report is to be filed with the University EEO Coordinator with copies to the appropriate dean/ director, vice president, and union representative.

e. Record Keeping - An Affirmative Action file will be maintained by the unit conducting the search. This file shall be kept for three years and will contain the following:

(1) a copy of all applications received and considered;
(2) a record of consideration given to applications;
(3) a list of applicants chosen for interviews;
(4) a list of applicants recommended by the search committee to the officer(s) making the final decision on the appointment;
(5) documentation of notification to all applicants of their status;
(6) a copy of the Hiring Impact Report.

3. Hiring

a. All hiring decisions will be made without discrimination on grounds of race, color, creed, or religion, sex, national origin, age, or physical disability.

b. In accordance with Florida Statutes and Board of Regents Rules, the President of The University of West Florida is the appointing authority for all faculty, administrative and professional, and university support personnel. The appointments of provosts, vice presidents, academic deans, and policy-level positions reporting directly to the President are subject to review by the Chancellor.

c. The above notwithstanding, no offer of appointment to an academic position may be made prior to appropriate verification of credentials. No offer of appointment to an Administrative and Professional position may be made prior to certification by the Director of Human Resources as noted in 4.f. below. There must be an independent institutional verification of information supplied by candidates during the application and search process. Responsibility for verification rests with the Search Committee, the office responsible for extending the offer of the position, and the office responsible for maintaining the official personnel files for the position.

d. The following credential information must receive independent institutional verification for all candidates advanced to the final stage in the search process: (1) entries on curriculum vitae, (2) references, (3) prior employment, (4) educational attainment. Noted below are specifications of the individuals responsible for verification, the nature of the document required, and the location of the documentation file.

(1) Entries on Curriculum Vitae

(a) Responsible agent: Search Committee
(b) Action suggested: For a limited sample of bibliographic entries, locate and make copies of publications (or parts thereof) and place in a file available to the Search Committee.
(c) Other vitae entries may be verified in telephone contacts with references, previous places of employment, etc.
(d) Document location: If the individual is hired, the documentation should be placed in the official personnel file, along with the candidate's application and other support materials.
(e) If the individual is not hired, the documentation shall be retained with the Search committee files.

(2) References

(a) Responsible agent: Search Committee
(b) Action suggested: Members of the Search Committee should be assigned responsibility for calling references, even if letters of reference have been requested or received.
(c) File notes should be prepared for each call providing the name of the caller, the name of the person called, the date and time of call, and a summary of the information gleaned from the call.
(d) Document location: File notes should be retained in Search Committee Files.

(3) Previous Employment

(a) Responsible agent: Search Committee
(b) Action suggested: Members of the Search Committee should be assigned responsibility for calling places of previous employment to ascertain accuracy of previous employment data including position(s) and dates of employment.
(c) File notes should be prepared for each call providing the name of the caller, the name of the person called, the date and time of call, and a summary of the information gleaned from the call.
(d) Document location: File notes should be retained in Search Committee Files and transferred to the official personnel file upon hiring.

(4) Educational Attainment

Official transcripts are to be retained in the official personnel file. A copy of the transcripts is to be sent to the appropriate vice president along with a copy of the fully executed letter to offer.

4. Appointments

a. When appointments are made to the positions of Provost/Vice President for Academic Affairs, Vice President, or other positions reporting directly to the President, the President of the University will offer the appointment to the individual selected.

b. When appointments are made to the positions of Vice Provost, Associate Vice Provost, Assistant Vice Provost, Associate Vice President, Assistant Vice President, Dean, or Director reporting directly to the Provost or to a Vice President, the Provost or appropriate Vice President will make the offer of appointment after approval by the President.

c. Academic and research faculty may be offered appointments by the appropriate dean upon recommendation of the applicable department chairperson or director and after approval by the Provost.

d. University librarians may be offered appointments by the Director of Libraries after approval by the Provost.

e. Chairpersons, academic directors, and other academic administrators or faculty classification not reporting directly to the Provost may be offered appointments by the applicable dean or Vice Provost after approval by the Provost.

f. Appointments and all other actions affecting employment of other persons is delegated to responsible officials by the appropriate vice president. The Director of Human Resources will certify all Administrative and Professional and University Support Personnel System applicants referred for consideration as meeting minimum standards of qualification, and will extend all offers of employment in writing, other than those issued by the President, Provost, Vice Presidents, Vice Provosts, or Deans, as noted above.

5. Compliance Responsibility

The administrator sending the letter of offer of a position is responsible for ensuring that all search procedures have been followed and that all appropriate documentation is in the file before sending the letter. The letter of offer must advise the candidate that official transcripts showing degree attainments must be on file before a contract can be issued. Please note that official transcripts may be received between the sending of the letter of offer and the issuing of the contract.

APPROVED Morris L. Marx (sig)

Florida Statute 240.209(1), (3)(f)
History.--s. 7, ch. 79-222; s. 5, ch. 81-162; s. 34, ch. 82-241; s. 1, ch. 83-126; s. 9, ch. 83-325; ss. 2, 38, ch. 83-326; s. 25, ch. 84-336; ss. 4, 12, ch. 85-241; s. 1, ch. 86-145; s. 66, ch. 87-224; s. 2, ch. 88-230; s. 2, ch. 88-237; s. 1, ch. 88-241; s. 2, ch. 88-375; s. 28, ch. 89-381; s. 2, ch. 90-302; s. 70, ch. 90-360; ss. 3, 12, ch. 90-365; s. 91, ch. 91-45; s. 10, ch. 91-55; s. 98, ch. 92-279; s. 22, ch. 92-321; s. 55, ch. 92-326; s. 2, ch. 93-242; s. 22, ch. 94-230; s. 4, ch. 94-322; s. 1, ch. 95-112; s. 80, ch. 95-143; s. 817, ch. 95-148; ss. 3, 12, ch. 95-243; s. 23, ch. 95-392; s. 28, ch. 96-399; s. 91, ch. 96-406; s. 8, ch. 98-65; s. 34, ch. 98-200; s. 54, ch. 98-421.

Florida Administrative Code 6C-5.910
Specific Authority 240.209(1), (3)(f) FS
Law Implemented 240.209(1), (3)(f), 240.246, 775. 16 FS
History--New 1-24-96, Amended 8-17-99.

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aPOLICY AND PROCEDURES FOR INTERNAL SEARCHES
(President's memorandum Number 38, dated September 1, 1992)

Purpose:
In accordance with the University's strategic goals of (1) building a faculty and staff that reflects diversity; (2) building a program that fosters professional growth and development; and (3) assigning work that effectively employs faculty and staff talents, the following procedures govern internal searches.

Authorization:
Internal searches are not appropriate for all vacancies and will be conducted only with written authorization from the appropriate vice president. The general criteria for authorizing an internal search are:

(1) to provide promotional opportunities for existing employees,
(2) to make appointments or reassignments necessary to conduct vital functions,
(3) to make appointments designed to achieve a specific EEO/AA objective.

Advertising:
1. The position vacancy must be announced in The Fountain and UWF's Career Opportunity Announcement.

2. The announcement of the availability of the position and details of the application/nomination process must be sent to all Division and Department Heads for appropriate distribution.

Screening Procedures:
1. There must be a written description of the duties and responsibilities of the position.

2. There must be a written set of selection criteria.

3. A screening committee must be constituted to review applications, conduct appropriate interviews and provide recommendations to the hiring official. Membership of the committee should reflect diversity with appropriate representation outside the hiring unit.

Notifications:
1. Appropriate notification must be sent to all applicants informing them of their status relative to the hiring decision.

2. Offers of appointment must be made in accordance with President's Memorandum 37, and rule 6C6-2.014 for A&P, or 6C6-2.021 for Faculty.

Florida Statute 240.209(1), (3)(f)
History.--s. 7, ch. 79-222; s. 5, ch. 81-162; s. 34, ch. 82-241; s. 1, ch. 83-126; s. 9, ch. 83-325; ss. 2, 38, ch. 83-326; s. 25, ch. 84-336; ss. 4, 12, ch. 85-241; s. 1, ch. 86-145; s. 66, ch. 87-224; s. 2, ch. 88-230; s. 2, ch. 88-237; s. 1, ch. 88-241; s. 2, ch. 88-375; s. 28, ch. 89-381; s. 2, ch. 90-302; s. 70, ch. 90-360; ss. 3, 12, ch. 90-365; s. 91, ch. 91-45; s. 10, ch. 91-55; s. 98, ch. 92-279; s. 22, ch. 92-321; s. 55, ch. 92-326; s. 2, ch. 93-242; s. 22, ch. 94-230; s. 4, ch. 94-322; s. 1, ch. 95-112; s. 80, ch. 95-143; s. 817, ch. 95-148; ss. 3, 12, ch. 95-243; s. 23, ch. 95-392; s. 28, ch. 96-399; s. 91, ch. 96-406; s. 8, ch. 98-65; s. 34, ch. 98-200; s. 54, ch. 98-421.

Florida Administrative Code 6C-5.910
Specific Authority 240.209(1), (3)(f) FS
Law Implemented 240.209(1), (3)(f), 240.246, 775. 16 FS
History--New 1-24-96, Amended 8-17-99.

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aACADEMIC AND PROFESSIONAL PREPARATION OF FACULTY--REGULAR, VISITING, AND ADJUNCTS

The following policy statement identifies the minimum academic preparation requirements and required documentation for personnel who teach University of West Florida credit courses and noncredit degree program components. The policy statement was endorsed by the Faculty Senate in June 2003 and pertains to all instructional personnel including, but not limited to, regular line full- and part-time faculty, visiting faculty, adjuncts, and nonacademic staff assigned to occasional teaching. The policy also identifies the minimum academic preparation for graduate teaching assistants.

Policy

Competence and Qualifications of Instructional Personnel

Purpose: This policy is created to ensure that personnel who teach credit courses and noncredit degree program components at the University of West Florida are fully competent and well qualified in their teaching fields.

Competence and Qualifications: Individuals hired to teach credit courses and other components of degree programs must, under ordinary circumstances, hold, as a minimum, the following academic credentials.

For undergraduate courses and other bachelor's degree components: A master's degree in the teaching field or a master's degree with 18 graduate semester hour credits in the teaching field.

For graduate courses and other graduate program degree components: The terminal degree, usually the doctorate, in the teaching field or a doctorate in a highly related field with at least 18 graduate semester hours credit in the teaching field.

It is recognized that occasions may arise when individuals may qualify for instructional duties on a basis other than standard academic credentials. In such cases it is the responsibility of the recommending body and the hiring authority to demonstrate and document that the individual being assigned instructional duties has the knowledge, creative/scholarly activity, service, and instructional capabilities expected of an individual who holds the standard academic credentials. Documentation of credentials used in lieu of standard academic credentials must be maintained in the individual's official personnel file.

Applicability: This policy pertains to all individuals assigned instructional duties and who are officially responsible for assigning student grades. This includes, but is not limited to, regular line full- and part-time faculty, visiting faculty, adjuncts, and nonacademic staff assigned to occasional teaching.

In the event courses and/or activities are designed for a mixture of credit and noncredit students, the academic credential requirement pertaining to the credit course prevails.

In the event an instructional assignment includes both undergraduate and graduate credit courses, the academic credential requirement for graduate courses prevails.

Graduate Teaching Assistants: Graduate teaching assistants must hold a bachelor's degree and have successfully completed at least 18 graduate semester hour credits in the teaching field. Graduate teaching assistants may not teach graduate courses unless they hold the terminal or a highly-related degree in the teaching field.

Source of Degrees: Degrees used to satisfy academic credential requirements must be from an a U. S. regionally accredited institution or from a non-U. S. institution deemed to be equivalent to a U. S. regionally accredited institution.

Official Documentation of Degrees Held and Credits Earned: The official personnel files of individuals who teach credit courses and other components of degree programs must include official copies of transcripts documenting degrees earned and other credits used to demonstrate competence and qualification in the teaching field.

Non-credit Courses and Activities: Individuals who teach noncredit courses and other nondegree-related activities must hold academic credentials and/or have a record of successful experience in the field(s) about which they are assigned to teach.

Limitations: This policy on competence and qualifications of instructional personnel relates only to the instructional duties of such personnel. The minimum qualifications for hiring and promotion of personnel with faculty rank (e.g., lecturer, instructor, assistant professor, associate professor, professor, etc.) are set forth elsewhere.

Endorsed by Faculty Senate June 2003

This policy is based in part on the accreditation standards and credentials guidelines of the Southern Association of Colleges and Schools, Commission on Colleges-Principles of Accreditation, Foundations for Quality Enhancement, Section III Comprehensive Standards: Programs: Faculty: Standard #20:

The institution employs competent faculty members qualified to accomplish the mission and goals of the institution. When determining acceptable qualifications of its faculty, an institution gives primary consideration to the highest earned degree in the discipline in accord with the guidelines listed below. The institution also considers competence, effectiveness, and capacity, including, as appropriate, undergraduate and graduate degrees, related work experiences in the field, professional licensure and certifications, honors and awards, continuous documented excellence in teaching, or other demonstrated competencies and achievements that contribute to effective teaching and student learning outcomes. For all cases, the institution is responsible for justifying and documenting the qualifications of all its faculty.

Credential Guidelines:
a. Faculty teaching general education courses at the undergraduate level: a doctoral or a master's degree in the teaching discipline or a master's degree with a concentration in the teaching discipline (a minimum of 18 graduate semester hours in the teaching discipline).
b. Faculty teaching associate degree courses designed for transfer to a baccalaureate degree: a doctoral or a master's degree in the teaching discipline or a master's degree with a concentration in the teaching discipline (a minimum of 18 graduate semester hours in the teaching discipline).
c. Faculty teaching associate degree courses not designed for transfer to the baccalaureate degree: a baccalaureate degree in the teaching discipline, or an associate degree and demonstrated competencies in the teaching discipline.
d. Faculty teaching baccalaureate degree courses: a doctoral or a master's degree in the teaching discipline or a master's degree with a concentration in the teaching discipline (minimum of 18 graduate semester hours in the teaching discipline). At least 25 percent of the discipline course hours in each undergraduate major are taught by faculty members holding the terminal degree-usually the earned doctorate--in the discipline.
e. Faculty teaching graduate and post-baccalaureate course work: earned doctorate/ terminal degree in the teaching discipline or a related discipline.
f. Graduate teaching assistants: master's in the teaching discipline or 18 graduate semester hours in the teaching discipline, direct supervision by a faculty member experienced in the teaching discipline, regular in-service training, and planned and periodic evaluations.

Approved by the College Delegate Assembly, December 2001; Modified August 2003.

Graduate Teaching Assistants

The following is based on the University of West Florida Policy on Faculty Competence and Qualifications, guidelines of the Commission on Colleges of the Southern Association of Colleges and Schools as found in Principles of Accreditation: Foundation for Quality Enhancement (August 2003) and the predecessor accreditation-related document Criteria for Accreditation (1998).

The employment of graduate teaching assistants is a well-established practice in higher education, but should be carefully monitored. Heavy dependence on graduate teaching assistants to conduct classroom instruction is to be avoided. Employment of graduate teaching assistants is to be based on published guidelines for institution-wide graduate assistantship administration, including appointment criteria, remuneration, rights and responsibilities, evaluation and reappointment.

Graduate teaching assistants who have primary responsibility for teaching an undergraduate course for credit and/or for assigning final grades for such a course must have earned at least 18 graduate semester hours in their teaching discipline, be under the direct supervision of a faculty member experienced in the teaching discipline, receive regular in-service training, and be evaluated regularly. Graduate teaching assistants may not teach graduate courses unless they hold the terminal degree in their teaching field or in a highly related field.

The above requirements do not apply to graduate teaching assistants engaged in assignments such as assisting in laboratory sessions, teaching physical education activities, attending or helping prepare lectures, grading papers, keeping class records, and conducting discussion groups.

Graduate students for whom English is a second language should be appointed as graduate teaching assistants only when a test of spoken English, or other reliable evidence of the applicant's proficiency in oral and written communication, indicates that the appointment is appropriate.

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B. APPOINTMENTS

See OHR100 Recruitment, Selection, Appointment, and Non-Reappointment for UWF policy and Article 8, Appointment,BOR/UFF Collective Bargaining Agreement.

Florida Statute 240.209(1), (3)
History.--s. 7, ch. 79-222; s. 5, ch. 81-162; s. 34, ch. 82-241; s. 1, ch. 83-126; s. 9, ch. 83-325; ss. 2, 38, ch. 83-326; s. 25, ch. 84-336; ss. 4, 12, ch. 85-241; s. 1, ch. 86-145; s. 66, ch. 87-224; s. 2, ch. 88-230; s. 2, ch. 88-237; s. 1, ch. 88-241; s. 2, ch. 88-375; s. 28, ch. 89-381; s. 2, ch. 90-302; s. 70, ch. 90-360; ss. 3, 12, ch. 90-365; s. 91, ch. 91-45; s. 10, ch. 91-55; s. 98, ch. 92-279; s. 22, ch. 92-321; s. 55, ch. 92-326; s. 2, ch. 93-242; s. 22, ch. 94-230; s. 4, ch. 94-322; s. 1, ch. 95-112; s. 80, ch. 95-143; s. 817, ch. 95-148; ss. 3, 12, ch. 95-243; s. 23, ch. 95-392; s. 28, ch. 96-399; s. 91, ch. 96-406; s. 8, ch. 98-65; s. 34, ch. 98-200; s. 54, ch. 98-421.

Florida Statute 240.227(1)
History.--s. 16, ch. 79-222; s. 9, ch. 81-193; s. 26, ch. 84-336; s. 6, ch. 85-68; ss. 6, 12, ch. 85-241; ss. 4, 34, ch. 86-145; s. 43, ch. 86-156; s. 6, ch. 89-381; s. 12, ch. 90-365; s. 6, ch. 93-242; s. 34, ch. 95-148; s. 15, ch. 95-243; s. 26, ch. 95-392; s. 11, ch. 98-65; s. 35, ch. 98-200; s. 7, ch. 99-252.

Faculty Administrative Code 6C-4.001(8)(a)
Specific Authority 240.209(1), (3) (r) FS.
Law Implemented 240.209(1), (4), 20.055 FS. History--Derived from 6C-2.11, 11-18-70, Amended 6-5-72, 12-8-72, 6-5-73, 11-5-73, Amended and Renumbered 12-17-74, Amended 1-13-76, 3-21-77, 3-31-77, 5-27-81, 8-11-85, Formerly 6C-4.01, Amended 7-11-89, 10-10-95, 9-30-98.

UWF Rule 6C6-2.001
Specific Authority 240.227(1) FS. BOR Rule 6C-4.001(8)(a) FAC.
Law Implemented 240.227(5) FS, BOR Rule 6C-4.001(8)(a) FAC
History--New 10-1-75, Formerly 6C6-2.01

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C. RECLASSIFICATION OF AN EMPLOYEE TO A NON-UNIT CLASSIFICATION

See HR600 Promotion, Change in Assignment, Demotion, and Transfer for policy.

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D. NON-REAPPOINTMENT

See HR100 Recruitment, Selection, Appointment, and Non-reappointment for policy

Florida Statute 240.209(1)(3)(f)
History.--s. 7, ch. 79-222; s. 5, ch. 81-162; s. 34, ch. 82-241; s. 1, ch. 83-126; s. 9, ch. 83-325; ss. 2, 38, ch. 83-326; s. 25, ch. 84-336; ss. 4, 12, ch. 85-241; s. 1, ch. 86-145; s. 66, ch. 87-224; s. 2, ch. 88-230; s. 2, ch. 88-237; s. 1, ch. 88-241; s. 2, ch. 88-375; s. 28, ch. 89-381; s. 2, ch. 90-302; s. 70, ch. 90-360; ss. 3, 12, ch. 90-365; s. 91, ch. 91-45; s. 10, ch. 91-55; s. 98, ch. 92-279; s. 22, ch. 92-321; s. 55, ch. 92-326; s. 2, ch. 93-242; s. 22, ch. 94-230; s. 4, ch. 94-322; s. 1, ch. 95-112; s. 80, ch. 95-143; s. 817, ch. 95-148; ss. 3, 12, ch. 95-243; s. 23, ch. 95-392; s. 28, ch. 96-399; s. 91, ch. 96-406; s. 8, ch. 98-65; s. 34, ch. 98-200; s. 54, ch. 98-421.

Florida Administrative Code 6C-5.910(3)
Specific Authority 240.209(1)(3)(f) FS.
Law Implemented 240.209(1) (3)(f), 240.246, 775.16 FS
History--New 1-24-96, Amended 8-17-99

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E. TERMS OF EMPLOYMENT

While teaching is the primary responsibility of regular faculty, involvement in counseling, research, and University service are important commitments. A faculty member's overall contribution to the University is taken into consideration when viewing his/her workload. As a result, teaching loads may vary within departments and from term to term.

A. Teaching Loads for Regular Faculty

1(a) "State funds" means those funds appropriated annually from the General Revenue Fund and Incidental Trust Fund for institutional and research functions and, in the case of a health center, those funds appropriated from the General Revenue Fund and Operations and Maintenance Trust Fund for the same purposes.

(b) "Classroom contact hour" means a regularly scheduled 1-hour period of classroom activity in a course of instruction which has been approved by the university.

(2) Each full-time equivalent teaching faculty member at a university who is paid wholly from state funds shall teach a minimum of 12 classroom contact hours per week at such university. However, any faculty member who is assigned by his or her departmental chair or other appropriate university administrator professional responsibilities and duties in furtherance of the mission of the university shall teach a minimum number of classroom contact hours in proportion to 12 classroom hours per week as such especially assigned aforementioned duties and responsibilities bear to 12 classroom contact hours per week. Any full-time faculty member who is paid partly from state funds and partly from other funds or appropriations shall teach a minimum number of classroom contact hours in such proportion to 12 classroom contact hours per week as his or her salary paid from state funds bears to his or her total salary. In determining the appropriate hourly weighting of assigned duties other than classroom contact hours, the universities shall develop and apply a formula designed to equate the time required for nonclassroom duties with classroom contact hours. "Full-time equivalent teaching faculty member" shall be interpreted to mean all faculty personnel budgeted in the instruction and research portion of the budget, exclusive of those full-time equivalent positions assigned to research, public service, administrative duties, and academic advising. Full-time administrators, librarians, and counselors shall be exempt from the provisions of this section; and colleges of medicine and law and others which are required for purposes of accreditation to meet national standards prescribed by the American Medical Association, the American Bar Association, or other professional associations shall be exempt from the provisions of this section to the extent that the requirements of this section differ from the requirements of accreditation.

B. Teaching Loads for Faculty Chairs: The teaching loads of faculty chairs are reduced in relation to their non-teaching responsibilities. As faculty members, chairs are eligible for selective reduction of the teaching load for research or writing projects. As chairs, a normal reduction of one-half load is allowed for administrative duties.

C. Overloads: A&P and faculty employees engaged in continuing education activities who are otherwise employed full-time by the SUS may be compensated from funds generated from such activities. Such compensation may not exceed 20% of their 12-month contracted salary.

Florida Statute 240.243 FS.
History.--ss. 1, 2, ch. 71-365; s. 2, ch. 73-338; s. 30, ch. 79-222; s. 147, ch. 81-259; s. 38, ch. 95-148; s. 10, ch. 99-243. 1 Note.--Section 10, ch. 99-243, amended paragraph (1)(a), effective July 1, 2000, to read: (a) "State funds" means those funds appropriated annually in the General Appropriations Act. Note.--Former s. 241.73.

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F. CONFLICT OF INTEREST/OUTSIDE EMPLOYMENT

http://uwf.edu/academic/rrequest/outsideactivity/outside.htm

Article 19, BOR/UFF Collective Bargaining Agreement http://www.fldcu.org/ohr/CBAs/2001-2003-BOR-UFF--CBA.asp#article19)

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aGUIDELINES FOR REVIEW OF FACULTY OUTSIDE ACTIVITIES WITH RESPECT TO QUESTIONS OF CONFLICT OF INTEREST (Excerpts from OHR 800)

Conflict of Interest & Outside Activity

A. "Conflict of Interest" shall mean:

1. any conflict between the private interests of the employee and the public interest of the university, the Board of Regents, or the State of Florida, including conflict of interest specified under Florida Statutes, and the Board of Regents; or

2. any activity which interferes with the full performance of the employee's professional or institutional responsibilities or obligations.

Conflicts of Interest are prohibited, under Section 112, Florida Statutes. Employees are responsible for resolving such conflicts of interest, working in conjunction with their supervisors or other university officials.

B. Outside Activity

1. All university employees are to report and receive approval for any outside activity that they participate in that may be a conflict of interest. Reporting is required for any compensated or uncompensated outside activity. This information is reported on the UWF Report of Outside Activity, Non-Unit A&P and USPS Pay Plan employees.

2. "Outside Activity" shall mean any private practice, counseling, additional teaching or research, or other activity, compensated or uncompensated, which is not part of the employee's assigned duties and for which the university has provided no compensation.

3. Outside Activity and Conflict of Interest of bargaining unit employees shall also be governed by the provisions of collective bargaining agreements governing the same subject. Employees covered by the UFF collective bargaining agreement must report any outside professional activity.

4. An employee engaging in an outside activity shall take reasonable precautions to ensure that the outside employer or other recipient of services understands that the employee is engaging in such outside activity as a private citizen and not as an employee, agent, or spokesperson of the university.

5. An employee engaging in outside activity will not use the facilities, equipment, or services of the university in connection with such outside activity without prior approval of the President or designee. Approval of the use of university facilities, equipment, or services may be conditioned upon reimbursement for the use thereof.

Florida Statute 240.227(1), (5)
History.--s. 16, ch. 79-222; s. 9, ch. 81-193; s. 26, ch. 84-336; s. 6, ch. 85-68; ss. 6, 12, ch. 85-241; ss. 4, 34, ch. 86-145; s. 43, ch. 86-156; s. 6, ch. 89-381; s. 12, ch. 90-365; s. 6, ch. 93-242; s. 34, ch. 95-148; s. 15, ch. 95-243; s. 26, ch. 95-392; s. 11, ch. 98-65; s. 35, ch. 98-200; s. 7, ch. 99-252.

UWF Rule 6C6-2.025
Specific Authority 240.227(1)FS
Law Implemented 112.311, 112.3145 FS
History--New 6-4-92

UWF History: Memorandum from the Provost
January 30, 1992

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aCONFLICT OF INTEREST IN GRANT AND CONTRACT ACTIVITY

Principal Investigators shall be aware of the regulations concerning Conflict of Interest with regard to grant and contract activity. These regulations are contained in Florida Statutes, Chapter 112, Part III. For this policy, "Conflict of Interest" shall mean any conflict between the private interests of the employee and the public interest of the University, the Board of Regents, or the State of Florida, including conflicts of interest specified under Florida Statutes, and Board of Regents and University policies, or any activity which interferes with the full performance of the employee's professional or institutional responsibilities or obligations.

The University shall not accept any grant or contract where a principal investigator may have a relationship with a funding agency which might create a conflict of interest. It is incumbent upon the principal investigator to make the University aware of any relationships he/she might have with an external agency or company which might create a conflict of interest before a contract or grant award is made to the University.

Florida Statute 240.209(1), (3)(f)
History.--s. 7, ch. 79-222; s. 5, ch. 81-162; s. 34, ch. 82-241; s. 1, ch. 83-126; s. 9, ch. 83-325; ss. 2, 38, ch. 83-326; s. 25, ch. 84-336; ss. 4, 12, ch. 85-241; s. 1, ch. 86-145; s. 66, ch. 87-224; s. 2, ch. 88-230; s. 2, ch. 88-237; s. 1, ch. 88-241; s. 2, ch. 88-375; s. 28, ch. 89-381; s. 2, ch. 90-302; s. 70, ch. 90-360; ss. 3, 12, ch. 90-365; s. 91, ch. 91-45; s. 10, ch. 91-55; s. 98, ch. 92-279; s. 22, ch. 92-321; s. 55, ch. 92-326; s. 2, ch. 93-242; s. 22, ch. 94-230; s. 4, ch. 94-322; s. 1, ch. 95-112; s. 80, ch. 95-143; s. 817, ch. 95-148; ss. 3, 12, ch. 95-243; s. 23, ch. 95-392; s. 28, ch. 96-399; s. 91, ch. 96-406; s. 8, ch. 98-65; s. 34, ch. 98-200; s. 54, ch. 98-421.

Florida Administrative Code 6C-5.945
Authority: 240.209 (1) (3) (r) FS.
Law Implemented 104.31, 112.313, 112.3145, 240.209 (1), (3)(f), 240.227 (1), (5) FS.

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aPOLITICAL ACTIVITIES (Excerpts from HR 800)

(1) Notification and Approval

(2) Any employee may seek election to and hold public office upon notification to and approval of the President or his designee.

(3) When an employee elects to run for and hold public office and such action is judged by the President to interfere with the full discharge of the employee's duties, then the employee must obtain leave of absence or submit his/her resignation.

Florida Statute 240.227(1), (5)
History.--s. 16, ch. 79-222; s. 9, ch. 81-193; s. 26, ch. 84-336; s. 6, ch. 85-68; ss. 6, 12, ch. 85-241; ss. 4, 34, ch. 86-145; s. 43, ch. 86-156; s. 6, ch. 89-381; s. 12, ch. 90-365; s. 6, ch. 93-242; s. 34, ch. 95-148; s. 15, ch. 95-243; s. 26, ch. 95-392; s. 11, ch. 98-65; s. 35, ch. 98-200; s. 7, ch. 99-252.

UWF Rule 6C6-2.017
Specific Authority 240.227(1), (5) Fs.
Law Implemented 104.31, 240.227(1), (5) FS.
History--New 11-24-87

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G. ADDITIONAL STATE COMPENSATION (DUAL EMPLOYMENT AND OVERLOAD COMPENSATION)

No employee may fill more than a total of one full-time equivalent (FTE) position or receive compensation simultaneously from more than one state agency without prior approval of both employers and, in some instances, by the Secretary of Administration. Under certain conditions, the President (or his designee) has the authority to approve additional state compensation payments for employees who perform specific additional services for The University of West Florida. The University of West Florida does not permit the payment of compensation simultaneously from salary and OPS appropriations. Additional state compensation which results in a conflict of interest as specified by Chapter 112, Part III, FS, is prohibited.

Additional state compensation requests must be approved (on a "Request for Approval of Dual Employment and Compensation" form, available from University Personnel Relations) at least 30 days before the beginning of the secondary employment. All requests must be approved by the Vice President for Administrative Affairs and, in some cases, by the Secretary of Administration. Since additional state compensation requests must be approved each fiscal year, approvals automatically terminate on June 30 of each year.

Florida Statutes 240.209(1), (3)(f)
History.--s. 7, ch. 79-222; s. 5, ch. 81-162; s. 34, ch. 82-241; s. 1, ch. 83-126; s. 9, ch. 83-325; ss. 2, 38, ch. 83-326; s. 25, ch. 84-336; ss. 4, 12, ch. 85-241; s. 1, ch. 86-145; s. 66, ch. 87-224; s. 2, ch. 88-230; s. 2, ch. 88-237; s. 1, ch. 88-241; s. 2, ch. 88-375; s. 28, ch. 89-381; s. 2, ch. 90-302; s. 70, ch. 90-360; ss. 3, 12, ch. 90-365; s. 91, ch. 91-45; s. 10, ch. 91-55; s. 98, ch. 92-279; s. 22, ch. 92-321; s. 55, ch. 92-326; s. 2, ch. 93-242; s. 22, ch. 94-230; s. 4, ch. 94-322; s. 1, ch. 95-112; s. 80, ch. 95-143; s. 817, ch. 95-148; ss. 3, 12, ch. 95-243; s. 23, ch. 95-392; s. 28, ch. 96-399; s. 91, ch. 96-406; s. 8, ch. 98-65; s. 34, ch. 98-200; s. 54, ch. 98-421.

Florida Administrative Code 6C-5.15(9)
Specific Authority 240.209(1), (3)(f) FS.
Law Implemented 216.011(1)(aa), 240.209(1), (3)(f), 240.283 FS.
History 1-24-96, Amended 2-1-98, 8-17-99

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H. LAYOFF AND RECALL [Article 13 of the BOR/UFF Collective Bargaining Agreement.]

http://www.fldcu.org/ohr/CBAs/2001-2003-BOR-UFF--CBA.asp#article13

Florida Administrative Code 240.209(1)(3)(f)
History.--s. 7, ch. 79-222; s. 5, ch. 81-162; s. 34, ch. 82-241; s. 1, ch. 83-126; s. 9, ch. 83-325; ss. 2, 38, ch. 83-326; s. 25, ch. 84-336; ss. 4, 12, ch. 85-241; s. 1, ch. 86-145; s. 66, ch. 87-224; s. 2, ch. 88-230; s. 2, ch. 88-237; s. 1, ch. 88-241; s. 2, ch. 88-375; s. 28, ch. 89-381; s. 2, ch. 90-302; s. 70, ch. 90-360; ss. 3, 12, ch. 90-365; s. 91, ch. 91-45; s. 10, ch. 91-55; s. 98, ch. 92-279; s. 22, ch. 92-321; s. 55, ch. 92-326; s. 2, ch. 93-242; s. 22, ch. 94-230; s. 4, ch. 94-322; s. 1, ch. 95-112; s. 80, ch. 95-143; s. 817, ch. 95-148; ss. 3, 12, ch. 95-243; s. 23, ch. 95-392; s. 28, ch. 96-399; s. 91, ch. 96-406; s. 8, ch. 98-65; s. 34, ch. 98-200; s. 54, ch. 98-421.

Florida Statute 6C-5.955
Specific Authority 240.209(1), (3)(r) FS.
Law Implemented 240.209(1), (3)(f), 240.227(1), (5), and (19), 447.209 FS.
History--New 1-24-96.

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I. DISCIPLINARY ACTION AND JOB ABANDONMENT [Article 16 of the BOR/UFF Collective Bargaining Agreement.]

http://www.fldcu.org/ohr/CBAs/2001-2003-BOR-UFF--CBA.asp#article16

Florida Administrative Code 240.209(1)(3)(r)(t)
History.--s. 7, ch. 79-222; s. 5, ch. 81-162; s. 34, ch. 82-241; s. 1, ch. 83-126; s. 9, ch. 83-325; ss. 2, 38, ch. 83-326; s. 25, ch. 84-336; ss. 4, 12, ch. 85-241; s. 1, ch. 86-145; s. 66, ch. 87-224; s. 2, ch. 88-230; s. 2, ch. 88-237; s. 1, ch. 88-241; s. 2, ch. 88-375; s. 28, ch. 89-381; s. 2, ch. 90-302; s. 70, ch. 90-360; ss. 3, 12, ch. 90-365; s. 91, ch. 91-45; s. 10, ch. 91-55; s. 98, ch. 92-279; s. 22, ch. 92-321; s. 55, ch. 92-326; s. 2, ch. 93-242; s. 22, ch. 94-230; s. 4, ch. 94-322; s. 1, ch. 95-112; s. 80, ch. 95-143; s. 817, ch. 95-148; ss. 3, 12, ch. 95-243; s. 23, ch. 95-392; s. 28, ch. 96-399; s. 91, ch. 96-406; s. 8, ch. 98-65; s. 34, ch. 98-200; s. 54, ch. 98-421.

Florida Administrative Code 240.227(1)
History.--s. 16, ch. 79-222; s. 9, ch. 81-193; s. 26, ch. 84-336; s. 6, ch. 85-68; ss. 6, 12, ch. 85-241; ss. 4, 34, ch. 86-145; s. 43, ch. 86-156; s. 6, ch. 89-381; s. 12, ch. 90-365; s. 6, ch. 93-242; s. 34, ch. 95-148; s. 15, ch. 95-243; s. 26, ch. 95-392; s. 11, ch. 98-65; s. 35, ch. 98-200; s. 7, ch. 99-252.

Florida Administrative Code 240.261
History.--s. 25, ch. 79-222.

Florida Statute 6C-5.950(3)(d)
Specific Authority 240.209 (1), (3)(r) FS.
Law Implemented 240.209(1), (3)(f), 240.227 (1), (5), 240.261, 447.209 FS.
History--New 1-24-96.

Florida Statute 6C-5.955(1)(b)(c)
Specific Authority 240.209(1), (3)(r) FS.
Law Implemented 240.209(1), (3)(f), 240.227(1), (5), and (19), 447.209 FS.
History--New 1-24-96.

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aDISCIPLINARY ACTIONS, COMPLAINTS, AND APPEALS (Excerpts from OHR 900)

Introduction

The University of West Florida shall take fair and equitable corrective action when an employee has violated professional standards. Progressive discipline will be used for cumulative offenses when an employee has demonstrated, despite warnings, a refusal and/or inability to act in accordance with acceptable and reasonable professional standards.

Professional Standards and Violation of Professional Standards

The UWF Guide for Disciplinary Action Penalties is a guide and is not intended to cover every possible offense. It is not all-inclusive; it is representative. The guide provides to supervisors and managers flexibility in dealing with particular situations, while guiding them toward a measure of uniformity in imposing penalties, consistent with differences in the nature of the position held by the employee. If the reason for the contemplated disciplinary action cannot be described in terms of an offense from the table, it need only be stated in terms of regulations or policies of general conduct that have not been upheld, or damage to or interference with University operations resulting from the employee's action. Penalties for offenses not listed will be determined consistent with the guidelines contained herein by the Director, Office of Human Resources.

Many of the offenses listed on this table combine several offenses into one statement connected by the word "or". The word "or" is not to be used in a charge, as doing so would make the charge non-specific. Therefore, only the section of the charge that describes the employee's actual conduct should be used. Penalties for disciplinary offenses will, in general, range from the minimum to the maximum indicated. Depending on mitigating or aggravating factors, a penalty outside the general range may be imposed.

The table lists first, second, third, and fourth offenses. Previously substantiated offenses can be considered when determining the severity of the penalty, and should be cited in any proposed action and described in sufficient detail. Any past offense may be considered an aggravating factor in determining the penalty. The emphasis is on the employee's total record and the degree of penalty is determined by the act itself, plus any previous disciplinary actions. Penalties imposed will be those which are necessary to correct the employee and maintain discipline and morale at the University. When considering severity of penalties, factors for consideration should be:

• The nature and seriousness of the offense and its relation to the employee's duties, position and responsibilities, including whether the offense was intentional, technical or inadvertent, was committed maliciously or for gain, or has been frequently repeated;
• The employee's job level and position within the University, including supervisory or fiduciary role;
• The employee's past disciplinary record and when the discipline occurred;
• The employee's past work record, such as length of service, performance on the job, dependability, character, etc.;
• The employee's condition of health, extraordinary personal influences such as death or other crises in his or her family;
• The effect of the offense on the employee's ability to perform at a satisfactory level, its effect upon the supervisor's confidence in the employee's ability to perform assigned duties, and its impact on other employees in the work unit;
• Consistency of the penalty with those imposed upon other employees for the same or similar offense;
• The notoriety of the offense or its impact upon the reputation of the University; and
• Potential for the employee's rehabilitation.

A. Time Management, Work Effort, and Work Station

1. Professional Standard - Employees shall manage their work time for maximum efficiency and effectiveness.

2. Examples of Violations

a. Excessive Tardiness - when an employee does not adhere to established and approved work hours and/or develops a pattern of lateness that adversely affects an employee's work or the work of others or that is inconsistent with the position description, BOR Rules, or University policies and procedures.

b. Unauthorized Absence from Work Station - failure of the employee to obtain permission from the supervisor to leave or be away from the workstation.

c. Unauthorized Leave - failure of the employee to obtain approval from the supervisor to take any kind of paid or unpaid leave.

d. Loafing, Dozing, or Sleeping While at Work - loafing includes wasting time, chatting, and horseplay as well as non-work related activities such as reading non-work related books and other materials, visiting non-work related internet sites, conducting personal business over the telephone or e-mail, completing unauthorized course work assignments, writing personal letters, or playing computer games during work hours.

e. Strike or Concerted Activity

B. Performance of Duties

1. Professional Standard - employees shall perform the duties and responsibilities set forth in the job description.

2. Examples of Violations

a. Failure to Follow Instructions - includes failure to carry out oral or written work assignment or instructions within reasonable time or by a specified deadline.

b. Insubordination - including, but not limited to: deliberate refusal or failure or delay in carrying out any proper order, work assignments, or instruction, including deliberate failure to follow local or higher level policy; disrespectful conduct toward authority or use of obscene language to authority.

c. Falsification of Records - deliberate misrepresentation or fraud on official documents such as an employment application, travel records, leave records, or work records.

d. Lying - statements, written or oral, that are deliberately misleading, inaccurate, or incorrect.

e. Negligence - carelessness, lack of care, caution or attention, diligence, or discretion.

f. Conduct Unbecoming a State Employee - an act (or acts) performed by the employee within/or outside the University that renders an employee ineffective and/or adversely affects the University's ability to carry out its assigned mission.

C. Property Rights

1. Professional Standard - employees shall respect the rights of the State, and of others, the use and benefits of property. Unauthorized use, misuse and abuse of state property is strictly prohibited.

2. Examples of Violations

a. Theft - stealing property belonging to the State, co-workers, contractors, or others while at work or in work situations.

b. Unauthorized Use of State Property - using a University boat for personal recreation, making personal long distance telephone calls charged to a department telephone, using State property such as copying machines, computers, or typewriters for personal business, or using a State vehicle for personal errands. University equipment may be used for official purposes off-campus. Forms are available from the Property Division, in the Controller's Office, to obtain approval for such use.

c. Misuse or Abuse of State Property or Equipment - improper use of equipment, reckless driving or handling of a State motor vehicle or boat, using personal computers for non-University matters or using Internet/Intranet/E-mail improperly. [NOTE: E-mail messages are public, not private records.]

d. Negligence Resulting in Damage - instances of carelessness, lack of care, attention, etc., which result in damage to equipment or property or expense to the University.

D. Personal Rights

1. Professional Standard - employees shall respect the personal rights of others. Employees should refrain from discourteous language or actions directed toward co-workers or any member of the public. Threatening or abusive language ethnic or sexist jokes or actions directed toward co-workers or any member of the public is prohibited. Threatening or abusive language or actions directed toward others is prohibited. Display of a weapon in a careless, reckless, angry, menacing, or threatening manner is prohibited.

2. Examples of violations

a. Rudeness - impolite, offensive, or uncooperative language or actions toward employee colleagues, students, and the public.

b. Threatening or Abusive Language - defamation of character or remarks, offensive language, slander, insults, or threats toward others.

c. Threatening or Abusive Actions - fighting, physical abuse, incidents in which serious harm is threatened.

d. Threatening or Abusive Actions Involving a Weapon - fighting, physical abuse, incidents in which serious harm is threatened with a weapon.

e. Discriminative Harassing Language or Actions

E. Safety Practices

1. Professional Standard - employees shall conduct themselves in a manner which protects people and property from unsafe actions. Employees shall adhere to University, State and manufacturers' safety rules, policies, regulations, and practices.

2. Examples of Violations

a. Violation or disregard of Safety Practices - careless operating or handling of equipment.

b. Possession or use of Weapons - prohibited on State property or in work-related situations unless specifically authorized for the performance of work assignments; reckless display or threatening with weapons.

c. Horseplay - rough or boisterous play or pranks which do or may cause injury or embarrassment to others or adversely affect productivity or morale.

F. Upholding Laws

1. Professional Standard - employees shall obey all Federal, State, or local laws while on State property or using State vehicles (land, air, and water) in a work-related situation, and/or in a non-work situation. Failure to do so subjects the employee to disciplinary action as well as penalties under the law.

2. Examples of Violations

a. Discrimination or Harassment with Respect to Employment - on the basis of race, color, creed, sex, age, disability, religion, national origin, sexual orientation, or political opinions or affiliations.

b. Giving or Accepting a Bribe - for grades or services.

c. Political Campaigning - during work hours, coercing employees to support or contribute to a political issue, candidate, or party

d. Conflict of Interest - conflicting contractual relationships, solicitation or acceptance of gifts, or doing business with one's agency.

e. Misuse of Position - abuse of powers of authority that accompany the position for personal reasons, such as to assist friends or family for financial gain.

f. Other Statutory Prohibitions - such as embezzlement, gambling, possession or distribution of illegal drugs, exceeding speed limits, violating local ordinances or federal regulations.

G. Compliance with UWF Rules, Regulations, Policies, and Procedures

1. Professional Standard - employees shall know and follow the written rules, regulations, policies, and procedures of the University which apply to an employee's area of responsibility, as well as the administrative rules, regulations, policies and procedures.

2. Examples of Violations - willful violation of written rules, regulations, or policies; unauthorized distribution or solicitation; unauthorized use of bulletin boards; violation of safety rules; smoking policy; administrative policies and procedures.

Disciplinary Actions

A. Immediate supervisor may, as appropriate:

1. Initiate disciplinary action or corrective action as soon as possible after the supervisor has knowledge of the violation, but no longer than five (5) days.

2. Use corrective consultation, or a letter of counseling, to ensure that the subordinate understands work rules and standards, assignments, policies, procedures, and rules before disciplinary action is taken. This is not considered disciplinary action.

3. Determine level of disciplinary action - supervisor must decide that disciplinary action will be taken (see C below) and shall take such action in accordance with the Guide for Disciplinary Action Penalties. This will depend on consideration of all pertinent facts and circumstances including, but not limited to: employee's past records of performance, length of service, prior violations, severity of the violation; and/or past disciplinary action for similar infringements.

4. Make the employee aware that disciplinary action is being taken and why. It is the supervisor's duty to impress the seriousness of the offense upon the employee.

5. Investigate reported or observed violation; determine if the severity of the violation warrants an oral reprimand; issue oral reprimands without prior review or approval of a higher level supervisor.

6. Ensure that oral reprimands are brief, but complete, and should be documented by using an Oral Reprimand Form; or, if in memo form, includes the professional standard violated, the date of reprimand, and all factual information/circumstances concerning the event. After issuance, a copy of the oral reprimand is provided to Human Resources and placed in the employee's file. After one calendar year, the oral reprimand may be sealed upon written request by the employee.

7. Investigate reported infraction; determine if the severity or frequency of the violation warrants a written reprimand and should be documented by using a Written Reprimand Form or, if in memo form, includes the professional standard violated, the date of reprimand, and all factual information/circumstances concerning the event giving rise to the disciplinary action. Prior to issuing a written reprimand, the immediate supervisor must discuss with the next higher-level supervisor and consult with the President, or appropriate Vice President and the Director of Human Resources. After issuance, a copy of the written reprimand is provided to Human Resources and placed in the employee's personnel file. After two (2) calendar years, the written reprimand may be sealed 4F upon written request by the employee.

B. Next Higher-level Supervisor may, as appropriate:

1. Approve the issuance of a written reprimand after consultation with Director of Human Resources.

2. Take disciplinary action upon the absence of the employee's immediate supervisor.

3. Take disciplinary action against an employee when the immediate supervisor of that employee refuses to take disciplinary action.

C. Director of Human Resources may:

1. Place an employee on administrative leave up to ten (10) days pending the outcome of an investigation of an alleged violation which may result in dismissal or when the employee's absence from the work location is essential to the investigation.

2. Suspend or dismiss an employee after investigation and upon recommendation from the immediate supervisor or next higher-level supervisor.

3. Conduct predetermination conferences.

4. Suspend or dismiss employees.

D. Predetermination Procedures for Employees with Permanent Status

1. Written Notice - prior to the dismissal, suspension, or disciplinary reduction in pay of a permanent employee, the Human Resources Director shall give the employee written notice as follows:

a. This written notice of the proposed action shall be sent/delivered at least 10 days prior to the date the action is to be taken.

b. If the employee is available, the notice shall be hand-delivered to the employee and duly receipted by the employee. Otherwise, the notice shall be mailed to the employee by certified mail, return receipt requested. The mailed notice shall constitute full and complete notice, even if the mail is refused or ignored by the employee.

2. Contents of Notice - the notice shall be signed by the Human Resources Director or designee and shall include the following:

a. The effective date of the University's proposed action;

b. The specific charges or reasons for the action;

c. A list of documents on which the charges or other reasons are based and a statement that the documents are available to the employee upon request;

d. A statement that the employee may, within 5 workdays of receipt of the notice, submit a written request for a conference at which the employee may make an oral or written statement, or both, to refute or explain the charges or reasons for the action; and the name, address, and telephone number of the person to whom the request for a conference shall be directed;

e. A statement that the requested conference must be held prior to the proposed effective date of the action, at a time and place to be determined by the Human Resources Director or designee, normally during regular business hours and that the employee may bring a representative to advise and assist;

f. A statement that the employing university desires to reduce the risk of error in taking the action against the employee and to avoid damaging the employee's reputation by untrue or erroneous charges, and therefore, the employing university is interested in receiving and considering the employee response; and

g. A copy or summary of the predetermination procedures shall be enclosed with the notice.

3. Conference - if a conference is requested by the employee, it must be conducted by the Human Resources Director or designee as follows:

a. The person(s) conducting the conference shall: (1) convene the conference at the time and place set by the University, (2) identify all participants, and (3) explain that the conference's purpose is to hear the employee's response to the charges, to protect the employee from erroneous or arbitrary adverse action, to afford the university an opportunity to re-evaluate its position after reviewing the information presented by the employee, and to thereafter affirm or alter the disciplinary action as may be warranted.

b. The conference shall be informal and shall not be in the nature of an evidentiary hearing. The employee may bring a representative to assist or advise him/her, but discovery, cross-examination, and similar legal procedures are not permissible.

c. The employee shall be permitted to submit relevant information, orally, in writing, or both, with the privilege being reserved to the employing university to give such information the weight it deems proper. The employee shall be informed that if he/she chooses to make no response, the university will proceed on the basis of the best information it can obtain without such response.

d. After the conference is conducted, the employee shall be notified, as soon as practicable, that the proposed final action will be effective on a specific date, that the proposed final action has been revised, or that no action will occur.

4. Decision - if the University determines after the conference that it will proceed with the reduction in pay, suspension, or dismissal of the employee, the employee shall be notified in writing within five (5) workdays from the date the action is effective, by personal delivery or by certified mail, return receipt requested. The employee's right to appeal to an arbitrator is under the provision of Rule 6C-5.950. If the employee occupies a position included in a certified bargaining unit, the employee shall be further notified that he/she may, in the alternative, use the unit's grievance procedures as provided in the applicable collective bargaining agreement. Furthermore, the University must assure that the provisions of Part VI of Chapter 112, Florida Statutes, Law Enforcement Officers Bill of Rights, are followed.

5. During the period between the first notice and the effective date of the action, one of the following options may be used by the University: (1) retain the employee in his/her usual duties; (2) temporarily assign the employee to other duties; or (3) place the employee on administrative leave with pay.

E. Procedure for Suspension Without Pay or Dismissal

1. Immediate supervisor investigates reported infraction including the interviews of witnesses and employee; determines that the severity or frequency of the violation warrants a suspension without pay; discusses with next higher level supervisor, recommends action to either the Director of Human Resources (in the case of USPS employees), or appropriate Vice President (in the cases of Faculty and A&P employees), including the number of days to be suspended and the rationale behind the decision to suspend or dismiss the employee.

2. The Human Resources Director notifies the employee in writing of the proposed suspension and has the employee sign the notification as acknowledgment of the proposed action.

3. The appropriate Vice President or the Human Resources Director conducts a presuspension/dismissal meeting to hear the employee's side and to affirm or alter the action proposed.

4. Suspension without pay or dismissal is grievable under the collective bargaining contract or university complaint procedure.

5. Presuspension or predetermination conferences shall be conducted by the Human Resources Director, appropriate Vice President, or appropriate designee.

6. Notice of suspension or dismissal shall be signed by the Human Resources Director or other individual, such as the President or appropriate Vice President authorized to make the final decision, and addressed to the employee and sent by certified mail, return receipt requested. In addition, the notice may be delivered by hand to the employee. The mailed notice shall constitute full and complete notice even if the mail is refused or ignored by the employee.

F. Extraordinary situations may call for procedures which may be invoked only with approval of the Director of Human Resources and with the appropriate Vice President in the cases of Faculty and A&P employees.

Alcoholism, Drug Addiction, and Alcohol and Drug Abuse

A. Manifested by problem drinking, alcoholism and habitual drunkenness shall not be handled as a disciplinary problem, unless the employee refuses to attempt to resolve the problem or efforts toward rehabilitation fail.

B. Through the Employee Assistance Program (EAP), the employee will be asked to enroll in a treatment program. The employee may be placed on compulsory disability leave during this time if the employee has enough accrued leave credits; otherwise, the employee may be placed on leave without pay.

C. Any employee reporting to work under the influence of alcohol such that the employee cannot satisfactorily carry out his/her duties, or who uses alcohol on the job, will be sent home and charged leave (sick leave charged first then regular compensatory, annual, special compensatory, and leave without pay). Disciplinary action will be taken on factors such as the severity of the violation of the professional standard and impact on the University and work unit.

D. An absence without authorized leave shall be handled in accordance with 6C-5.955.

E. If the employee refuses to attempt to resolve the problem or efforts fail, the employee shall be terminated.

Complaints & Appeals

A. Scope and Application

1. This rule is applicable to all Faculty, A&P and USPS staff members. Complaints of bargaining unit Faculty and A&P staff are governed by the BOR/UFF Collective Bargaining Agreement and applicable Board of Regents rules and University policies and procedures. USPS employee complaints are governed by the AFSCME/BOR Collective Bargaining Agreement and applicable Board of Regents rules and university policies and procedures. Non-bargaining unit Faculty and A&P employee complaints are governed by university complaint procedures.

2. The burden of proof shall be on the university in a complaint alleging violation of a University policy concerning termination for cause and other disciplinary actions for Faculty, A&P, and USPS staff. In all other complaints, the burden of proof shall be on the complainant.

B. Complaints

1. For the purpose of this process, a "complaint" is defined as the dissatisfaction that occurs when an employee believes that any condition affecting the employee's terms and conditions of employment are unjust, inequitable, or creates a problem, except that an employee shall not have the right to file a grievance concerning performance appraisals unless it is alleged that the appraisal is based on factors other than the employee's performance.

2. Claims of discrimination and sexual harassment shall be processed in accordance with the procedures contained in the Equal Opportunity/Diversity Office.

3. Suspensions, reductions in pay, transfers, layoffs, job abandonment, demotions, and dismissals for USPS employees shall not be considered as complaints under this process, and review of such actions shall be handled in accordance with the provisions of the BOR Rule 6C-5.950(4), governing USPS arbitration appeal procedures.

4. The intent of this policy is to promote a prompt and efficient procedure for the investigation and resolution of complaints. All problems should be resolved, whenever possible, before the filing of a complaint, and open communication is encouraged so that the formal complaint procedure will not normally be necessary.

5. It is the intent of the complaint procedure process to provide a complete response to a complainant, but not to encourage multiple processing of the same issue. Therefore, if prior to or while seeking resolution of the dispute under this policy, a complainant seeks resolution of the matter in any other forum, administrative or judicial, the university shall have no obligation to entertain or proceed further with the matter pursuant to this policy, however may choose in its discretion to do so.

6. It is not the intent that this complaint procedure be a device for appellate review. Accordingly, the response of the President or his designee to a recommended order of a presiding officer acting pursuant to Chapter 120, Florida Statutes, or to other individuals or groups having appropriate jurisdiction in any other procedure, shall not be an act or omission giving rise to a complaint under this procedure.

7. All time limits contained in this policy may be extended by agreement of the parties. Upon failure of the university or its representative to provide a decision within the time limits provided in this policy, the complainant may appeal to the next appropriate step. Upon this failure of the complainant or counsel to file an appeal within the time limits provided in this policy, the complainant shall be deemed to have been resolved at the prior step.

C. Definitions

1. The term "complaint" means a dispute concerning promotion, and "just cause" termination of employment contracts, salary, work assignment, annual evaluation, layoff and recall, job abandonment, or conditions as defined in V.B.1. above. An employee with permanent status in the class who receives a performance evaluation of not meeting standards may grieve the evaluation but only through Step Two (2). The review shall be solely to determine whether the performance evaluation was done in an arbitrary or capricious manner.

2. The term "complainant" means an employee who believes his/her rights have been allegedly affected by an act or omission of the university or its representative and who has filed a complaint.

3. The term "days" means calendar days. In the event an action falls due on a Saturday, Sunday, or a State holiday, the action will be considered timely if it is accomplished by 5:00 p.m. of the following business day.

4. The term "substantial interest" means an act or omission involving termination, suspension, or other discipline for just cause, salary, or layoff.

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