Current through all regulations passed and filed through September 16, 2024
(A) Civil service appointments
No person shall be appointed, transferred, laid off,
reinstated, or promoted, as an employee in the classified civil service at
Miami university, in any manner or by any means other than those prescribed in
the rules herein. Persons who receive intermittent or student employee
appointments are in the unclassified civil service.
(B) Requisition to fill a vacancy
Whenever a vacancy in the classified service is to be filled,
the head of a department, office, or hiring unit, in which a position in the
classified service is to be filled, shall notify the university's authorized
appointing authority (herein university) and identify the position to be filled
and stating the class title, location, and number of positions to be filled,
and also whether the position is to be filled on a full- or parttime
basis.
(C) Competitive
selection and promotion
(1) Vacancies in
positions in the classified service shall be filled insofar as practicable by
competitive selection. The university may provide that vacancies in positions
in the classified civil service shall be filled by promotion in cases when the
university determines it is in its best interests to do so.
(2) For classifications where an examination
is required, all examinations for promotions shall be competitive and may be
conducted in the same manner as examinations described herein. Where an
examination is not required, the university's authorized appointing authority
shall prepare an eligibility list of the persons who applied by the deadline,
meet the minimum qualifications and are eligible.
(3) In all cases where vacancies are to be
filled by promotion, the university's authorized appointing authority shall
forward to the hiring unit the names and applications of the candidates who
applied by the deadline, meet the minimum qualifications and are eligible. Only
candidates who meet the minimum qualifications for the position may be
considered.
(D) Waiver
of competitive selection process
(1) Positions
in the classified service may be filled without competitive selection as
follows:
(a) Temporary appointments.
Except as otherwise provided herein, the temporary appointment
may not continue longer than one year, and in no case shall successive
temporary appointments be made. A temporary appointment longer than one year
may be made if necessary by reason of sickness, disability, or other approved
leave of absence of regular employees, in which case it may continue during the
period of sickness, disability, or other approved leave of absence.
The acceptance or refusal by an eligible person of a temporary
appointment shall not affect the person's standing on the eligibility list for
permanent appointment, nor shall the period of temporary service be counted as
a part of the probationary service in case of subsequent appointment to a
permanent position.
(b) In
case of a vacancy in a position in the classified service where peculiar and
exceptional qualifications of a scientific, managerial, professional, or
educational character are required, and upon satisfactory evidence that for
specified reasons competition in this special case is impracticable and that
the position can best be filled by a selection of some designated person of
high and recognized attainments in those qualities, the university may suspend
the provisions of the rules herein that require competition in this special
case, but no suspension shall be general in its application.
(c) Reinstatement.
An employee holding a position in the classified service who
has been separated from the service without delinquency or misconduct on the
person's part, having served the required probationary period, may be
reinstated by the university's authorized appointing authority within one year
from the date of that separation to a vacancy in a similar position in the same
classification. An employee that is reinstated from resignation following a
break in service shall be given an appointment date based on the date of
reinstatement.
(d)
Transfer.
A person holding a position in the classified service may be
transferred to a similar position in the same office or department another or
office or department having the same pay and similar duties, but no transfer
shall be made as follows:
(i) From a
position in one classification to a position in another classification where
the individual does not meet the minimum qualifications;
(ii) To an office or position for original
entrance to which there is required an examination involving essential tests or
qualifications or carrying a salary different from or higher than those
required for original entrance to an office or position held by the person
proposed to be transferred.
(iii)
No person in the classified civil service may be transferred without the
consent of the university's authorized appointing authority.
(E) Notice
of vacancies
Notice of vacancies to be filled by competitive selection shall
be posted in conspicuous places such as an employment website, job posting
bulletin boards and university personnel offices. The vacancy announcment must
include the minimum qualifications for the open position.
(F) Formal application
(1) The university shall require persons
applying for an original appointment to file with the university, prior to the
application deadline, a formal application, in which the applicant shall state
the applicant's name, address, and such other information as may reasonably be
required concerning the applicant's education, training and experience. No
inquiry shall be made as to religious or political affiliations or as to racial
or ethnic origin of the applicant, except as necessary to gather equal
employment opportunity or other statistics as required by law.
(2) Applications shall be furnished without
charge to any person requesting the same. The university may require in
connection with such application such certificate of persons having knowledge
of the applicant as the good of the service demands. The university may refuse
to appoint or examine an applicant, or, after an examination, refuse to certify
the applicant as eligible, who is found to lack any of the established minimum
qualifications for the examination or position, who is addicted to the habitual
use of intoxicating liquors or drugs to excess, who has a pattern of poor work
habits and performance with previous employers, who has been convicted of a
felony, who has been guilty of infamous or notoriously disgraceful conduct, who
has been dismissed from either branch of the civil service for delinquency or
misconduct, or who has made false statements of any material fact, or
practiced, or attempted to practice, any deception or fraud in the application
or examination, in establishing eligibility, or securing an
appointment.
(3) Information
showing that an applicant meets all of the minimum qualifications as stated on
a vacancy announcement must appear on the application or supporting
documentation.
(4) Failure of an
applicant to indicate the qualifications as to experience or any other
requirements described in the vacancy announcement will be considered
sufficient cause to exclude an applicant from consideration for employment. An
applicant may correct an incomplete application as long as any necessary
corrections are made prior to the filing deadline for the vacancy.
(5) An applicant who has filed an application
for a vacancy may be permitted to change the application for another vacancy if
he or she possesses the proper qualifications for which applications are being
received, provided such change shall be requested prior to the filing deadline
for the vacancy.
(6) Fraudulent
conduct or false statements by the applicant, or by others with his connivance,
in any application or examination, shall be deemed cause for exclusion of said
applicant from any examination, or for removal of his name from the eligibility
list, or for discharge from the service after appointment from certification,
provided that the name of no person shall be removed from an eligibility list,
nor shall any person be dismissed from the service under this section, without
having an opportunity to be heard in his own behalf. Where an applicant is
excluded from an examination or his name is removed from the eligibility list
under this rule, he shall be heard by the university. If he is to be discharged
from service following appointment, the procedure established in section
124.34 Revised Code, shall be
followed.
(7) Employees with
performance improvement plans (pips) may not apply nor be considered for any
positions for the duration of the plan and six months after successful
completion of the plan.
(8) Unless
authorized by the university's appointing authority, employees with performance
improvement plans (pips) may not apply nor be considered for any positions for
the duration of the plan and six months after successful completion of the
plan.
(G) Examinations and requirements
Rules establishing educational requirements as a condition of
taking a civil service examination shall only be adopted with respect to
positions for which educational requirements are expressly imposed by law or
for which the university determines that the educational requirements are
job-related.
(H)
Examinations
(1) All applicants for positions
and places in the classified service may be subject to examination. The
university shall determine the classifications for which examinations are
appropriate.
(2) Any examination
administered under this rule shall be public and be open to all. Any person who
has completed service in the uniformed services, who has been honorably
discharged from the uniformed services or transferred to the reserve with
evidence of satisfactory service, and any member of the national guard or a
reserve component of the armed forces of the United States who has completed
more than one hundred eighty days of active duty service pursuant to an
executive order of the president of the United States or an act of the congress
of the United States may file with the university a certificate of service or
honorable discharge, and, upon this filing, the person shall receive additional
credit of twenty per cent of the person's total grade given in the regular
examination in which the person receives a passing grade.
As used in this rule, "service in the uniformed services" and
"uniformed services" have the same meanings as in the Uniformed Services
Employment and Reemployment Rights Act, 108 Stat. 3149 (1994),
38 U.S.C.A.
4303.
(3) An examination may include an evaluation
of such factors as education, training, capacity, knowledge, manual dexterity,
and physical or psychological fitness. An examination may consist of one or
more tests in any combination. Tests may be written, oral, physical,
demonstration of skill, or an evaluation of training and experiences and shall
be designed to fairly test the relative capacity of the persons examined to
discharge the particular duties of the position for which appointment is
sought. Tests may include structured interviews, assessment centers, work
simulations, examinations of knowledge, skills, and abilities, and any other
acceptable testing methods. If minimum or maximum requirements are established
for any examination, they shall be specified in the examination
announcement.
(4) No questions in
any examination shall relate to political or religious opinions or
affiliations. No credit for seniority, efficiency, or any other reason shall be
added to an applicant's examination grade unless the applicant achieves at
least the minimum passing grade on the examination without counting that extra
credit.
(5) Reasonable notice shall
be given of the time, place, and general scope of every competitive examination
for appointment to a position in the civil service. Notice shall be posted in
conspicuous public place by the university at least five working days prior to
any examination being given.
(6)
The university shall prescribe the subjects of each examination and the
relative weights to be attached thereto, provided that any such determination
must have been adopted prior to the date of publication of the examination
announcement. Reasonable accommodations may be made for the testing of
physically and mentally-impaired individuals in accordance with the Americans
with Disabilities Act.
(7) Any
required examinations shall comply with the Americans With Disabilities Act and
other applicable laws regarding disability.
(8) The university shall determine a passing
point for each examination based on the difficulty of that examination and
other relevant data. When a passing point is determined, it shall be made a
matter of permanent record. The university shall require a qualifying grade for
any or all parts of an examination providing notice of such requirement is
given in the general instructions accompanying the examination. The university
shall prescribe that all examinations shall be in compliance with federal
selection guidelines and professional standards.
(I) Special examinations for individuals with
disabilities
Miami university does not discriminate against a qualified
individual with a disability because of the disability with regard to job
application or hiring, employee compensation, job training or other terms,
conditions, and privileges of employment.
A qualified individual with a disability is one who, with or
without reasonable accommodation, can perform the essential functions of the
employment position that such individual holds or desires. A disabled employee
or potential employee who requests reasonable accommodation shall identify the
specific job requirement that he or she believes should be modified through
reasonable accommodation. Miami university will provide necessary reasonable
accommodation if it can do so without undue hardship on the operation of Miami
university.
(J) Examination
guidelines
(1) Notice requirements for
examinations. Notice of examinations shall be posted in conspicuous places such
as an employment website, job posting bulletin boards and university personnel
offices.
(2) Admitting applicants
to examinations. No applicant shall be admitted to any written examination more
than thirty minutes after the advertised time for beginning such examination.
Applicants who are late arriving for skills or interview examinations will be
scheduled for the next available session.
(3) Extension of time in examinations. No
applicant in any examination shall be given a longer time on any subject than
prescribed by the university. The university may establish separate time limits
for the individual accommodation of disabled applicants.
(4) Visitors at examinations. No visitor
shall be admitted to the examination room during any examination except by
special permission of the examiner in charge. Applicants may not place or
accept phone calls or electronic communications during the
examination.
(5) Inspection of
papers. Any competitor shall have the right at any time within the period of
ten days after receiving notice of examination grade to request, in writing, a
review of his or her own papers to learn the markings given on each subject or
question and to submit in writing for the university's consideration, any
objection or protest he or she may wish to make concerning the grades given. No
objection or protest concerning an examination, not submitted in writing, shall
be considered unless it relates to the conduct of examiners, the securing of
unlawful assistance by a competitor, or such other circumstances in connection
with an examination as would call for an investigation on the part of the
university, and which would require that the information submitted be given in
confidence. An applicant who exercises the right to inspect his or her
examination papers shall not be permitted to again take an examination for the
same classification within a four-month period following the inspection, unless
an alternate form of examination is given. Inspection shall not be permitted of
standardized tests prepared by experts outside the state service, where such
inspection would tend to reduce the validity of test results.
(6) Changing of grades. No grades given in
any examination shall be changed after the posting of an eligibility list,
except after the consideration of reasons submitted in writing by the
competitor objecting and report thereon by the university's properly authorized
examiners; provided that the university may correct clerical errors of
examiners or employees at any time before the cancellation of such
lists.
(7) Postponement or
cancellation of examinations. Examinations, unless canceled or postponed, must
be held upon dates fixed by the university. A scheduled examination may be
canceled or postponed by order of the university, for adequate reason.
Reasonable efforts shall be made to notify each approved applicant of
cancellation or postponement.
(8)
Credit for military service. When proper proof of military service, as noted
herein, is presented to the university and the applicant, being otherwise
eligible, has received a passing grade in any examination for original
appointment, he or she shall be granted additional credit of twenty per cent of
such grade, thereby receiving a final grade of twenty per cent higher in view
of the above-mentioned service. The applicant must submit proof of honorable
discharge or honorable separation from active military service prior to the
posting of an eligibility list.
(9)
Repeating examinations. An applicant who has competed in a civil service
examination may not repeat that examination or take an examination for the same
classification within four months from the date of original examination, unless
an alternative form of examination is given, or unless other standards are
specified in the examination announcement, provided that the university's
designated appointing authority may waive in writing this rule upon written
request from an applicant stating substantial reasons for granting such
waiver.
(10) Release time for
examinations. University employees shall be allowed necessary time off without
loss of pay to compete in any civil service examination conducted by the
university.
(11) Character and
fitness of applicant. Satisfactory information produced at any time to the
university, either before or after examination, that an applicant has committed
acts which demonstrate character traits which would be detrimental to
successful performance of the employment sought, or of the applicant's
dismissal for good cause from any branch of public service, or of his or her
conviction of a job related felony or has an established pattern of poor work
habits and performance with previous employers, shall be sufficient to exclude
the applicant from examination, or to remove the applicant's name from any
eligibility list, providing such person shall be notified as to the reason and
shall be given an opportunity for a review by the university. All documentation
submitted by applicants or references as to character and fitness shall be
subject to investigation by the university.
(K) Medical or psychological examination as a
requirement for appointment to the classified service
(1) Medical examination defined. For purposes
of this rule, a "medical examination" is an evaluation by a licensed
practitioner of an applicant's physiological or psychological condition as it
relates to employment in the classification being considered.
(2) Licensed practitioner defined. For
purposes of this rule, a "licensed practitioner" is a physician, psychiatrist,
psychologist, or other appropriately licensed mental health professional such
as a licensed professional clinical counselor or a licensed independent social
worker who is licensed to perform the appropriate examination.
(3) When a medical or psychological
examination is required by the university such requirement shall be published
in the examination or vacancy announcement and shall comply with the Americans
With Disabilities Act and other applicable laws regarding disability.
(L) Appointments from eligibility
lists
(1) The head of a department, office, or
hiring unit, in which a position in the classified service is to be filled,
shall notify the university of the fact, and the university shall, except as
otherwise provided in these rules, forward the names and applications of the
candidates who completed the application process by the deadline, who meet the
minimum qualifications, and who are eligible.
(2) The office of equity and equal
opportunity (OEEO) will provide to the hiring department an applicant flow data
report of qualified applicants for the position. The report indicates the
composition of the pool of qualified applicants. It is the responsibility of
the hiring department to contact oeeo to obtain the report prior to selecting
candidates for interview. If oeeo determines the candidate pool is not
acceptable, then in consultation with the department of human resources and
hiring department a determination will be made whether to conduct additional
recruitment or close the search. If additional recruitment is undertaken, the
hiring departments must request an updated applicant flow data report prior to
interviewing candidates. Once the applicant pool is approved by oeeo, the
hiring unit shall review the applications and select for interview the
applicants who best meet the qualifications for the position.
(3) When an examination is not required, the
university shall prepare an eligibility list of the persons who completed the
application process by the deadline, who meet the minimum qualifications, and
who are eligible.
(4) From the
returns of the examinations, the university shall prepare an eligibility list
of the persons whose general average standing upon examinations for the grade
or class is not less than the minimum, and who are otherwise eligible. Those
persons shall take rank upon the eligibility list as candidates in the order of
their relative excellence as determined by the examination without reference to
priority of the time of examination. If two or more applicants receive the same
mark in an open competitive examination, priority in the time of filing the
application shall determine the order in which their names shall be placed on
the eligibility list, except that applicants eligible for veteran's preference
shall receive priority in rank on the eligibility list over nonveterans on the
list with a rating equal to that of the veteran. Ties among veterans shall be
decided by priority of filing the application. If two or more applicants
receive the same mark on a promotional examination, seniority shall determine
the order in which their names shall be placed on the eligibility list. The
term of eligibility of each list shall be fixed by the university at not more
than one year.
(M)
Recommendation to hire
(1) The hiring
department shall recommend to the university the name of the candidate to whom
an offer of employment should be extended. If there are multiple vacancies, the
hiring department may recommend multiple candidates for consideration. Only the
university's authorized appointing authority may extend an offer of
appointment.
(2) When an applicant
whose name has been included on an eligibility list indicates not being
interested in the position, or declines an offer of appointment if one is made,
the individual's name shall be removed from the eligibility list, subject to
the following qualifications:
(a) If the
applicant's decision is based on military service his/her name shall be
restored to the list when he or she indicates their availability for
consideration.
(b) An applicant
whose name has been removed from a list under this rule may be restored to the
list upon presentation to the University of reasons or evidence which would
justify restoration to the list.
(N) Probationary periods
(1) All original appointments, promotional
appointments, lateral appointments to a position in a different classification,
and demotions to a position in a different job family, shall serve a fixed
probationary period, as described below:
(a)
Original appointment - one hundred eighty day probationary period
(b) Promotional appointment - one hundred
twenty day probationary period
(c)
Lateral appointment in a different classification - ninety day probationary
period
(d) Demotions to different
job family - ninety day probationary period
Original appointments to the police department as a police
officer shall serve a probationary period of one year. No appointment or
promotion is final until the appointee has satisfactorily served the
probationary period.
(2) If the service of the probationary
employee is unsatisfactory, the employee may be removed or reduced at any time
during the probationary period. The university may remove or reduce a
probationary employee. Whenever an employee is given a probationary removal or
reduction, a written statement of the reasons for such action, signed by the
university's authorized appointing authority, showing the respects in which the
employee's service was not satisfactory, shall be given to the employee. A
probationary employee duly removed or reduced in position for unsatisfactory
service does not have the right to appeal the removal or reduction under
section 124.34 of the Revised
Code.
(3) Time spent in no-pay
status shall not be counted as part of the probationary period. Probationary
periods shall be extended by an equal number of days the employee spent in
no-pay status.
(4) The university
may, with the written consent of the employee and written approval of the
employee's supervisor, extend an employee's probationary period for up to sixty
days to allow additional time to review the employee's performance. A
probationary period extension shall only be granted if an employee consents to
the extension prior to the end of the employee's normal probationary
period.
(O) Probationary
period for part-time workers
Part-time employees who work a portion of each normal working
day shall have their probationary period determined by the number of calendar
days following appointment in the same manner as full-time employees. Part-time
employees who work who work less than the normal number of working days per
week shall have their probationary period determined on the basis of time
actually worked as described:
(1) Five
hundred hours are equivalent to a ninety-day probationary period.
(2) Six hundred seventy hours are equivalent
to a one hundred twenty-day probationary period.
(3) One thousand hours are equivalent to a
one hundred eighty-day probationary period.
(4) One thousand four hundred hours are
equivalent to a two hundred fifty- two day probationary period.
(5) One thousand five hundred hours are
equivalent to a two hundred seventy day probationary period.
(6) One thousand seven hundred hours are
equivalent to a three hundred day probationary period.
(7) Two thousand hours are equivalent to a
three hundred sixty -five day probationary period.
(P) Seasonal positions
All positions, where the nature of the work is such that the
service is limited to increments of ninety days or less and is not continuous
throughout the year, and recurs in successive calendar years, shall be
designated as "seasonal" positions. Any person appointed to such seasonal
position who has successfully performed, and who has been temporarily separated
from the service during the inactive season, shall be placed first on the
hiring list for the succeeding season of employment in the same position,
provided the person is not in the meantime disqualified for any cause. Any
person appointed to a seasonal position, who is not assigned to work for a
period of one year due to lack of work or the person's refusal of available
work shall be deemed ineligible for further assignment through placement on the
list.