The UNC Policy Manual
300.1.1[R]
Adopted 06/05/24
Regulation
Concerning Discharge for Stated Cause
for Non-Faculty Employees Exempt
from the North Carolina Human Resources Act
I.
Background.
Any non-faculty employees exempt from the North Carolina Human Resources Act (EHRA)
may be discharged for stated cause.[1] Discharge for cause is to
be distinguished from discontinuation with notice and automatic expiration of
term contract as defined in UNC Policy 300.1.1, Policy on Employees Exempt from
the North Carolina Human Resources Act. Additionally, discharge for cause shall
be used to separate from employment any employee subject to this regulation who
is appointed by a stated definite term appointment prior to the expiration of
the term. At-will employees do not have a right to the discharge for cause
process outlined in this regulation, regardless of whether grounds for a
discharge for cause exist, and nothing in this regulation is intended to limit
the university’s discretion to elect to discontinue an at-will employee in
accordance with UNC Policy 300.1.1.
II.
Process
for Discharge for Cause.
A.
Stated
Causes. Stated causes for discharge shall include, but not necessarily be
limited to: incompetence, unsatisfactory job performance, neglect of duty, unacceptable
personal conduct, misconduct, or any material violation of university policy.
B.
Written
Notice.
1.
Discharge
for cause is to be preceded by written notice of intent to discharge at least
24 hours prior to the scheduled pre-discharge conference.
2.
The
notice of intent to discharge shall include the following elements:
a.
date,
time, and location of a pre-discharge conference;
b.
the
procedures governing the pre-discharge conference;
c.
the
basis of the proposed discharge; and
d.
the
employee's review rights in the event of discharge.
3.
If
an employee covered by this regulation has not already been placed on
administrative leave or reassignment pending the review or investigation of an
alleged university policy violation or allegations that may support an instance
of stated cause under this regulation, the president or chancellor, or their
designee, as applicable, may place the employee on such administrative leave or
reassignment when the employee is notified of the intent to discharge for
cause. This administrative leave or reassignment may continue until the
president or chancellor, or their designee, as applicable, has made a final decision
concerning discharge. Any such placement on administrative leave or
reassignment of the employee shall be with full pay, whether beginning while
the review or investigation occurs or when the employee is notified of the
intent to disharge.
C.
Scheduling
of Pre-Discharge Conference and Disposition of Notice of Intent.
1.
The
purpose of scheduling the pre-discharge conference is to provide the affected
employee with the opportunity to attend and respond to the basis for the
proposed discharge.
2.
The
decision on the proposed discharge shall be made within seven (7) calendar days
following the scheduled pre-discharge conference, and the employee shall be
notified in writing of the decision.
a.
If
the decision is to discharge the employee, the notification shall inform the
covered employee of the effective date of the discharge and notify the employee
of any applicable review rights that may exist under relevant university
policies and regulations.
b.
As
of the effective date of the discharge, any administrative leave with pay, if
previously invoked, shall cease, and the covered employee's appointment with
the university shall end without regard to whether the employee pursues any
applicable review or appeal.
c.
For
avoidance of doubt, an employee's right to pay ends on the effective date of discharge,
without regard to whether any review or appeal is pending.
III.
Disciplinary
Action and Discharge for Commissioned Police Officers. Notwithstanding the
above provisions, any employee occupying a covered commissioned police officer
position shall be subject instead to the disciplinary procedures as prescribed
in Article 8 of G.S. 126 and applicable policy or regulation.
IV.
Reviews
of Personnel Actions. The UNC System Office and each constituent institution
respectively shall adopt and publicize procedures to permit review of final
decisions regarding discharge in accordance with the provisions of Section 612
of The Code.
V.
Other
Matters.
A. Effective
Date. The requirements of this regulation shall be effective for any discharge
for cause on or after the date this regulation is adopted.
B. Relation to Federal and State Laws. The foregoing regulation as adopted by the president is meant to supplement, and does not purport to supplant or modify, those statutory enactments which may govern or relate to the subject matter of this regulation.