Current through all regulations passed and filed through September 16, 2024
(A)
Appointment of the president. The president of the
university is appointed by and serves at the pleasure of the board without
notice other than that noted in the minutes of the board. The university
constitution, paragraph (G)(2) of rule
3342-2-01 of the Administrative
Code, requires that "the board shall annually elect a president of the
university to hold office at the discretion of the board." Compensation of the
president is established by the board and continues unless or until it is
changed by the board.
(B)
Appointment of unclassified employees.
(1)
All full-time
unclassified staff employees shall be employed by the university upon the
recommendation of the president and the approval of the board of trustees,
serve at the pleasure of the appointing authority, and are subject to the
policies, rules, and regulations of the university and to the laws and
regulations of the state of Ohio.
(a)
During the period of the appointment, unclassified
staff employees shall render fully the service to the university required by
the terms of the appointment and other appropriate policies, rules, and
regulations, as published in the Administrative Code and this register.
(b)
The
university shall make deductions from salary payments to any unclassified staff
employee as required by law, regulations, or policy and may make other
deductions as requested by the appointee and authorized by the
university.
(c)
A full-time unclassified staff appointment is
ordinarily made on a continuing basis; that is, an appointment is made with the
expectation that it will continue until notice is given by either the employee
or the university that it will terminate.
(2)
Appointments for
part-time unclassified staff positions or for specific periods may be issued
with the approval of the appointing authority. As applicable, an employment
agreement covering an unclassified staff position shall be executed by the
president and appointing authority (with regard to unclassified staff) and the
provost (with regard to faculty) on behalf of the university, and be offered to
the prospective employee ("appointee"). Each agreement shall contain the
following:
(a)
term of appointment that is, continuing, full or part-time, temporary, or for a
specific period;
(b)
title of position;
(c)
annual salary
and/or salary for the period to be covered; and
(d)
any special
conditions relating to the appointment.
(3)
Upon receiving
the employment agreement, the appointee shall have ten working days after the
date of issuance to sign and return the employment agreement to the division of
human resources, unless this period is extended by mutual agreement. All
prospective appointees shall be informed that all offers of employment under
this rule are subject to and contingent upon the final confirmation by the Kent
state university board of trustees at the next scheduled meeting. If the signed
employment agreement is not returned within the time allowed, the university
shall consider the appointment refused and the tender of appointment shall be
voided.
(C)
Termination of appointment of unclassified staff. With
regard to an appointment under this policy, termination of the current
appointment may be initiated through resignation or retirement; it may be
initiated by mutual agreement of the employee and the university for reasons of
promotion or transfer; it may be initiated by the university for demotion or
may be initiated for reasons of disability leave pursuant to rule
3342-6-11.3 of the
Administrative Code and this register, by authority of paragraphs (C), (D),
(E)(1), and (E)(2) of this rule or by expiration of the term of an appointment
issued for a specific period. An employee under this rule does not acquire
tenure rights in his/her appointment or position.
(D)
Non-continuation
of unclassified staff appointees. Employees appointed under this policy not to
be continued in their positions shall be so informed at least ninety days prior
to the date established in the notice as the terminal date of the appointment.
The appointing authority of the employee shall be the informing agent. In an
instance where the appointment was issued for a specified term, no notice is
required and the last day to that term shall be the terminal date of the
employee's appointment. University policy regarding nonacademic grievance, rule
3342-6-01.1 of the
Administrative Code is not applicable in cases of administrative
termination.
(E)
Suspension and termination of an unclassified staff
appointment for cause.
(1)
The university may terminate the appointment of an
unclassified staff employee under this policy for these reasons: insufficiency
of funds; modification of the university's mission or elimination of programs;
or significant changes in the organizational structure of the university. At
least thirty days' notice will be given, in writing, to the unclassified staff
employee for a termination under the provisions of this
paragraph.
(2)
An employee holding a position under this policy may
be reduced in pay or position, suspended, or terminated for cause for violation
of law, regulation, directive, or university policy and for, including but not
limited to, incompetency, inefficiency, dishonesty, drunkenness, possession or
use of illegal drugs, immoral conduct, insubordination, discourteous treatment
of the public, neglect of duty, or any acts of misfeasance, malfeasance, or
nonfeasance in office.
(a)
In the event of suspension leading to possible
termination for the reasons stated herein, the administrative or staff
appointee shall receive written notice of his/her proposed termination and be
provided an opportunity to respond in writing within 15 days of the date upon
which the suspension commences.
(F)
Continuation of
faculty appointment. In the case of the termination of an appointment under
this policy of an employee also holding rank and tenure in an academic
department, the employee's faculty rights and privileges are preserved, but may
be subject to a separate disciplinary or employment process pursuant to the
collective bargaining agreement between the university and faculty collective
bargaining agreement.
Replaces: 3342-6-05
