Current through all regulations passed and filed through September 16, 2024
(A)
Professional
staff. Professional staff are full-time or part-time non-teaching professional
personnel of the university. Any professional staff originally appointed prior
to July 1, 1986 shall be designated as a member of the general faculty as long
as the person continues in such position. Professional staff do not hold
regular faculty rank (e.g., instructor, assistant professor, associate
professor, professor.) The minimum requirement for this employment category is
an exemption from the Fair Labor Standards Act.
(B)
Appointments.
(1)
Regular professional staff appointments do not include
a specific end date. Professional staff are not eligible for indefinite
tenure.
(2)
Temporary professional staff have a specific end date
at the time of appointment. Temporary professional staff shall have no
expectation of employment beyond their end date. However, based on university
business needs, the end date for temporary professional staff may be extended.
Temporary professional staff may be separated at any time without notice based
on university discretion, and paragraphs (C), (D), (E), (F), and (K) of this
rule do not apply to temporary professional staff.
(3)
Full-time
appointments will be forty hours per week.
(4)
Part-time
appointments will be less than forty hours per week.
(C)
Separation from
employment without cause, other than for a reduction in workforce, for
professional staff.
(1)
A professional staff member, other than professional
staff members in the department of athletics classified as coach, may be
separated from employment without cause at any time upon the recommendation of
the immediate supervisor and with approval of the appropriate dean or vice
president and of the chief human resources officer (CHRO). Notice will be
given:
(a)
Three months prior to the date of separation during the
professional staff's initial two years of continuous employment with the
university of Akron, or
(b)
Six months prior to the date of separation in the event
the professional staff member has served more than two years of continuous
employment with the university of Akron.
(2)
A professional
staff member in the department of athletics classified as coach may be
separated from employment without cause at any time upon the recommendation of
the immediate supervisor and approval of the director of athletics and the
CHRO. The immediate supervisor shall notify said professional staff member in
writing not later than three months prior to the date of separation. For the
purposes of this rule, coach will include those professional staff members
classified as a coach and professional staff positions that are directly
related to an athletic team as determined by the director of
athletics.
(3)
Professional staff, including coaches, who have
individual employment agreements are not affected by these provisions and shall
be subject to the notice provisions of their individual employment
agreement.
(D)
Termination of appointment for cause. The appointment
of a professional staff member may be terminated for cause at any time upon the
recommendation of the supervisor and the appropriate vice president and with
approval by the CHRO. The professional staff member shall be given thirty
calendar days' written notice of the date of separation by the CHRO, or the
CHRO's designee(s), during which time a hearing on the reason for dismal will
be conducted. The professional staff shall be notified of the date, time, and
procedures for the hearing. In the case of conduct involving moral turpitude or
public safety, the professional staff member shall be immediately placed on
administrative leave with or without pay, pending the vice president's
recommendation and action by the CHRO or the CHRO's
designee(s).
(E)
Deprivation of a "liberty" or "property" interest. If,
in cases other than a reduction in workforce, the professional staff member
believes that the separation from employment constitutes a deprivation of a
"property interest" or "liberty interest," protected by the due process clause
of the United States Constitution, the professional staff may request a hearing
before the CHRO or the CHRO's designee.
(1)
Hearing
procedure. The professional staff member shall request the hearing on the
alleged deprivation in writing to the CHRO or the CHRO's designee within ten
calendar days following the date of notification of separation and shall
provide the specific reasons why the professional staff member believes
termination was a violation of either their "liberty or "property" interest.
Upon request for such a hearing, the CHRO or the CHRO's designee shall decide
whether a hearing is necessary. If it is determined that a hearing is
necessary, the professional staff member shall be notified of the date, time,
and procedures for the hearing. In cases of an alleged deprivation of a liberty
interest, the procedures for the hearing shall be determined by the university
proportionate to any alleged reputational harm.
(2)
The professional
staff member shall have the right to be assisted by an advisor or attorney at
their own cost, but such advisor or attorney shall not actively participate in
the hearing, other than to privately counsel and advise the professional staff
member.
(F)
Reduction in workforce. Conditions may arise that
necessitate the reduction of the university workforce. Reduction of two or more
professional staff positions, including coaches, in this manner may occur for a
variety of reasons including but not limited to, budgetary constraints,
changing priorities, lack of work, reasons of economy, efficiency improvements,
reorganization, or due to extraordinary or catastrophic circumstances or events
beyond the university's control.
(1)
Employees with less than five years of continuous
employment with the university of Akron will be provided with at least thirty
calendar days' written notice prior to the effective date of
termination.
(2)
Employees with five years or more of continuous
employment with the university of Akron will be provided with at least
forty-five calendar days' written notice prior to the effective date of
termination.
(3)
Employees shall be entitled to paid leave at their
current rate of pay with benefits during the first thirty days of the notice
period, subject to the following conditions:
(a)
The paid leave
will start on a date to be determined by the employee's supervisor in
consultation with human resources and may be immediate, or may be delayed, but
will begin no later than fourteen calendar days after notice of the reduction
in force is given.
(b)
Employees with five or more years of continuous
employment at the university of Akron may choose to utilize their accrued
vacation leave to be paid for any days past the first thirty days of the notice
period. Otherwise, this time shall be considered a leave of absence without
pay.
(c)
If an employee obtains a full-time position with the
university or any other employer before the completion of the applicable notice
period, the paid leave shall terminate on the date of the new
employment.
(G)
Resignation. A
professional staff member who proposes to resign from the university of Akron
should give sufficient notice to obviate serious difficulty to the university
in filling the position. Once a resignation has been submitted and accepted by
the employee's immediate supervisor, it may not be withdrawn without the
specific approval of the immediate supervisor and the CHRO.
(H)
More information
regarding separation from employment of professional staff is outlined in rule
3359-26-05 of the Administrative
Code.
(I)
Vacation. Full-time professional staff with a twelve
month appointment are entitled to one hundred seventy-six hours of vacation per
year, as further detailed in rule
3359-11-03 of the Administrative
Code.
(J)
Leave of absence. Leaves of absence without
compensation may be granted by the CHRO or the CHRO's designee(s) upon
recommendation of the appropriate vice president. Leaves of absence without
compensation for the purpose of career development will be considered on an
individual basis, considering the value of the experience to the employee and
to the institution and the capabilities of the employee's department to manage
the employee's responsibilities during the absence.
(K)
Furloughs.
Professional staff shall be subject to furloughs as provided in rule
3359-11-02.1 of the Administrative Code,
"Furloughs for non-bargaining unit employees."
(L)
Retirement. Any
professional staff member who proposes to retire from the university of Akron
should give notice early enough to avoid serious interruption to the university
operation, the length of time necessarily varying from the circumstances of the
professional staff member's particular case.
Replaces: 3359-22-01
