Employee Management for Administrative and Professional Faculty 5226

DEFINITIONS

  1. Administrative and Professional Faculty:  Administrative and Professional Faculty are those employees whose primary duties are directly related to management and/or supervisory functions of the educational, general and auxiliary activities of the University or a department or other subdivision of the University (“A/P Faculty”).    A/P Faculty are those positions that require a high level of administrative independence, responsibility, and oversight with the organization or specialized expertise within the employee’s given field. 
  2. Academic Tenure: Tenure is a recognized academic status granted certain teaching faculty by the Board of Visitors, requiring participation in a multi-stage process of evaluation and leading to recommendation. A status of tenure is not recognized in A/P Faculty positions. Although some A/P Faculty may have been granted tenure by the Board of Visitors as a teaching faculty member in an academic department, such tenure will be inoperative for the duration of that employee's A/P status. Consequently, acceptance of an A/P Faculty position does not destroy an employee's separate status of, or eligibility for academic tenure in a department or school of instruction, as provided for in Section III.V of the Faculty Policies and Procedures Manual, entitled "Tenure."

Policy Owner:  Administration and Finance oversees this policy and the Longwood Human Resources Department is responsible for compliance and implementation of the policy.

Purpose:  The purpose of this policy is to establish procedures for the hiring and employment of administrative and professional faculty.

Policy Statement:  This policy applies to all employees who are designated as administrative or professional faculty, as well as those who supervise them.  A/P Faculty are obligated to abide by the policies and procedures of the university. 

PROCEDURES

  1. Initial Appointment:
    1. Appointing Authority: Authority to appoint A/P Faculty is limited to the President or the President's designee. The President shall have the sole authority to appoint A/P Faculty to serve as vice-presidents.
    2. Formalities of Appointment: Appointments must be made in writing by the President or the President's designee, or the Board of Visitors, to become effective. Appointment letters must specify, at a minimum, the appointee's compensation, title, and the appointment period. Other terms or conditions of appointment may also be provided when deemed necessary or appropriate by the appointing authority.
  2. Appointment Period: An A/P Faculty’s appointment period is typically twelve (12) months. The appointing authority has the discretion to decrease the 12 month appointment period or set the appointment period based upon completion of a specific project or job task. Terms normally begin on June 25 of one (1) year and end on June 24 of the following year. When appointments are made subsequent to June 25, they will nonetheless expire no later than the following June 24.
  3. Reappointment Letters: Letters containing information about the terms and conditions of reappointment are normally issued by May 15 for the fiscal year beginning on June 25. A Legislative impasse or late passage of the Appropriations Act by the Virginia General Assembly may, however, delay notice to A/P Faculty.
  4. Reassignment of Administrative Duties and Re-designation of Titles: The President or designee has discretionary authority to reassign administrative duties and re-designate titles during any term of appointment for A/P Faculty, when in the best interest of the University. Reasonable prior notice, under the circumstances, will be given affected A/P Faculty. Compensation may be adjusted accordingly.
  5. Performance Evaluation: Performance evaluations will be conducted annually for all A/P faculty below the level of Vice President. The evaluation will be based on documented position description tasks and mutually agreed-upon performance standards. Performance Evaluations will be a basis for salary adjustments.
  6. Termination of Employment:
    1. Types of Termination:
      1. Resignations: As a matter of personal choice, employees sometimes find it necessary to leave the University's employ. Under normal circumstances, the institution expects that these transitions will be managed to coincide with the expiration of an A/P Faculty’s current term of appointment, or at a time that has been mutually agreed upon.
        1. Notice Considerations for Resignations: Resignations should be submitted in writing to the A/P Faculty’s immediate supervisor, no less than thirty (30) calendar days prior to the A/P Faculty’s last actual day of work. Notices should be signed and dated, and should include a brief statement of the reason for the resignation and the A/P employee's anticipated, last actual day of work. Because of the time needed to recruit qualified applicants, early notice allows institutional programs and services to operate without interruption. Consequently, the University appreciates the notice of resignation as soon as the decision to resign is made.
        2. Receipt of Notice: Notice is considered effective once an A/P Faculty’s immediate supervisor has acknowledged receipt and accepted the resignation by signed writing. The A/P Faculty’s supervisor shall immediately notify the Chief Human Resources Officer (CHRO) of the A/P Faculty’s decision to resign.
      2. Discharge: The University must occasionally exercise its prerogative to terminate an appointment because an A/P Faculty 1) fails to meet and correct significant performance deficiencies within a reasonable period of time, or 2) has engaged in conduct at work which violates established standards of conduct or directly and adversely affects the ability to perform effectively at work. Termination for cause may occur at any time and requires no notice of non-renewal to be issued.
        1. Prohibited Conduct Which Could Result in Immediate Termination for Cause: The following is not intended to be an all-inclusive list of conduct violations, but is provided as an example of the types of conduct which could result in termination for cause.
          1. willfully, recklessly, or negligently damaging or destroying, or causing State property to be damaged or destroyed or causing pecuniary loss to the University;
          2. employee’s inability, unwillingness or refusal to perform essential functions of the job;
          3. theft or unauthorized use or removal of State property, including official records and electronically stored information or information services;
          4. gambling on State time or on State premises;
          5. use, possession, or distribution of alcohol or illegal controlled substances on State time or on State premises (except in the case of alcohol use at official functions or in similar settings where such use has been authorized);
          6. sexually harassing conduct toward another, as defined by the University's Policy on Sexual Misconduct;
          7. insubordination;
          8. knowingly making false statements or falsifying records or other public documents relied upon by the institution or the public for their accuracy;
          9. poor performance;
          10. abuse of time;
          11. excessive absenteeism;
          12. lack of civility toward others;
          13. misuse of or negligent care of University resources.
    2. Authority to Terminate for Cause: Only the President or designee has the authority to terminate an A/P Faculty’s employment involuntarily.
    3. Notice Requirements Relating to Termination for Cause: Written notice must be provided to the affected employee by the President or designee without delay, once a full and impartial investigation into the circumstances has concluded. The notice will be in the form of a suspension pending termination, inviting the employee to meet with the President's designee within five (5) working days of the date of notice to show why such action should not be taken. Should an A/P Employee not request a meeting within the prescribed time, or not present additional material facts sufficient to alter the decision to terminate employment, the termination will occur on that fifth (5th) day subsequent to the issuance of the notice to terminate for cause. A notice indicating that the termination is final will be issued by the CHRO.
    4. Review: Prior to termination for cause, supervisors should consult the CHRO.
  7. Non-Renewal of Appointment: A/P Faculty have no legitimate expectation of continuation of their appointments past the end of the contract term, and reappointment is at the discretion of the university. The requirement of notice of non-renewal beyond a specified contract date exists to ensure that appointment/employment of individuals will not terminate without an appropriate period of notice. An A/P Faculty may be subject to non-renewal for any lawful, work-related reason deemed appropriate by the President or designee, including reduction-in-force, changing administrative requirements, marginal performance, or financial exigency.
    1. Notice Requirements:
      1. An A/P Faculty whose employment will not be continued beyond the current term of appointment will be informed in writing at least one month prior to the end of the contract term.
      2. Exceptions to the notice requirements apply to the following positions:
        1. positions that are dependent upon grant or contract funds and are limited to the term of the grant or contract; and
        2. positions that are established for a project of specific duration.

          An individual's employment in such positions ends with either the occurrence of the expiration of the current contract or the depletion of the funding source for that particular appointment. Any individual in this type of position will be advised of this exception in the initial appointment contract and any subsequent renewals.

    2. Set-Off Relating to Non-Renewal Notice Requirements: Eligible employees of the Commonwealth may be entitled to severance pay when separated from employment involuntarily if the separation does not relate to job performance. These state benefits are paid in weeks of pay based on years of service. If a separated A/P Faculty is eligible for these payments, the non-renewal notice requirements shall be reduced by the number of weeks of state severance benefits to which the employee is determined to be entitled as provided by the Workforce Transition Act of 1995.

Revised and approved by the Board of Visitors, September 7, 2002.
Revised and approved by the Board of Visitors, March 22, 2003.
Revised and approved by the Board of Visitors, December 7, 2007.
Revised and approved by the Board of Visitors, June 10, 2019.