The
UNC Policy Manual
300.1.1
Adopted
11/14/86 Amended 04/12/01
Amended
10/12/90 Amended 06/08/01
Amended
02/18/94 Amended 01/11/02
Amended
04/21/95 Amended 11/08/02
Amended
11/08/96 Amended 03/21/03
Amended
07/11/97 Amended 10/10/03
Amended
11/13/98 Amended 11/12/04
Amended
09/10/99 Amended 07/01/07
Amended
08/11/00 Amended 02/08/08
Amended
10/17/08 Amended 06/20/14
Amended
08/07/15
Technical
Corrections 04/25/19
Technical
Correction 09/23/21
The duties and responsibilities
of the president and the chancellors, and of their respective senior staff
members, and their relationships to one another, to the Board of Governors, to
the Boards of Trustees, and to all other officers and agencies within and
without the University are set forth in Chapter V of The Code of The
University of North Carolina (The
Code). To complement the
provisions of Chapter V and further to clarify these duties, responsibilities,
and relationships, the following regulations are adopted by the Board of
Governors:
I. Definition
of “Senior Academic and Administrative Officers” (SAAO)
A. Senior officers of the University of North Carolina System
who are subject to the provisions of Section II of this policy are designated
as Tier I SAAOs. This group includes the president [N.C. Gen. Stat. 116-14(a)
(hereinafter G.S.)]; the vice presidents and other members of the president’s
professional staff designated by the Board of Governors on recommendation of
the president [G.S. 116-14(b)]; the chancellors of the constituent institutions
[G.S. 116-11(4)]; the vice chancellors, provosts, and deans[1]
of the constituent institutions, and the directors of major administrative,
educational, research and public services activities of the constituent
institutions designated by the Board of Governors [G.S. 116-11(5)].
B. Other senior officers of the
University of North Carolina System who are subject to the provisions of
Section III of this policy are designated as Tier II SAAOs. This includes (1) members of the president’s
professional staff other than those identified in subparagraph A, above [G.S. 116-14(b)];
and (2) associate and assistant vice chancellors; associate and assistant
deans; and other administrative positions within the constituent institutions,
other than those identified in subparagraph A above, that have been designated
by the president. [G.S. 116-11(5)].[2]
II. Tier I Senior Academic
and Administrative Officers of the University of North Carolina as Defined in
Section I.A., above, Shall be Subject to the Following Policies
A.
Appointments and Discontinuation of Appointments
1.
Tier I SAAOs are employed in their administrative positions
pursuant to this policy. Except with
regard to the appointment of the president and the chancellors, no contract or
other writing (except for The Code) may vary these terms, nor may any
oral agreement modify these provisions.
The appointments of these Tier I SAAOs are subject to the approval of
the Board of Governors or a board of trustees delegated such authority by the
Board of Governors.[3]
Such officers do not have tenure in their administrative positions. Except for the president and the chancellors,
they serve at the discretion of their employer and are not appointed to serve
for specified periods of time. The continuance
of these administrators in office therefore is at all times subject to
determination by the appropriate authority, as follows:
a. The president’s continuance in
office is determined by the Board of Governors.
b. The continuance in office of members of the president’s
professional staff is determined by the president.
c. The continuance in office of the
chancellor of a constituent institution is determined by the Board of
Governors, which may act to terminate such an appointment upon its own
initiative or upon recommendation of the president. The Board of Governors in
all instances shall consult the appropriate chair of the board of trustees
prior to terminating the appointment of a chancellor. The president may place a chancellor on
temporary leave, with or without pay, if the president has reason to believe
that illness, injury, misconduct, neglect of duty, or other circumstances may
interfere with the chancellor’s performance of the duties of the position. Before placing a chancellor on temporary
leave, the president shall consult with the chair of the Board of Governors,
the chair of the Committee on University Personnel, and the appropriate chair
of the board of trustees.
d. The continuance in office of vice
chancellors, provosts, deans, and directors of major educational, research and
public services activities of the constituent institutions shall be determined
by the chancellor of the institution.
e. Notwithstanding the provisions of (b) and (d) above, the
Board of Governors, in accordance with the provisions of Section 501 B(6) of The
Code, reserves the right to initiate action to terminate appointment of
those officers when it deems such action to be necessary in the best interests
of the University.
2.
Tier I SAAOs of a constituent institution are subject to the
direction and control of the chancellor and serve at the chancellor’s
discretion. They are employees at will;
thus, the chancellor may not purport to confer on any such officer a period of
employment of fixed duration or otherwise confer any property interest in such
employment. However, such an officer may
be appointed to a period of employment not to exceed a specified number of
years, so long as the instrument accomplishing such an appointment states
clearly that the incumbent officer is subject to removal at any time, during
that period, at the option of the chancellor.
3.
Tenure status as a member of the faculty of a constituent
institution, held concurrently by any Tier I SAAO of the University is separate
and distinct from the administrative office, and such tenure status is governed
by the provisions of Chapter VI of The Code and by the tenure policies
of the relevant constituent institution. Those tenure policies have no bearing upon and
do not govern the administrative appointments covered by this policy.
4.
Appointment of the President
a. The Board of Governors shall elect a
president in accordance with G.S. 116-14(a), Section 500 A of The Code, and any policies it
adopts. The Board of Governors shall
approve the salary and compensation of the president.
b. The Board of Governors may approve a
contract with the president. The
contract may specify terms including, but not limited to, the president’s term
of employment; salary; benefits; performance-based incentives; other deferred
or supplemental compensation, including endowment-funded stipends; provisions
for the termination of the president’s employment, including severance pay and
retreat rights; and any other terms it agrees upon.
c. In all other regards, the employment
of the president is subject to The Code, the policies of the Board of
Governors, and the North Carolina General Statutes.
5.
Appointment of Chancellors
a. The appointment of chancellors shall
be made by the Board of Governors upon the recommendation of the president, in
accordance with G.S. 116-11(4). All
salary and non-salary compensation paid to or received by the chancellors in
connection with their service as chancellors shall be approved by the Board of
Governors upon recommendation of the president.
b. The Board of Governors may approve a
contract with a chancellor as recommended by the president. The contract may specify terms including, but
not limited to, the chancellor’s term of employment; salary; benefits;
performance-based incentives; other deferred or supplemental compensation, including
endowment-funded stipends; provisions for the termination of the chancellor’s
employment, including severance pay and retreat rights; and any other terms it
agrees upon.
c. In all other regards, the employment
of chancellors is subject to The Code, the policies of the Board of
Governors, and the North Carolina General Statutes.
d. Except as specifically otherwise
provided in the contract, and except as provided in paragraph II.A.1(c) of this
policy, after the Board of Governors has approved a contract with a chancellor,
it will be the sole responsibility of the president to implement the terms of
the contract.
B. Compensation
The
compensation of Tier I SAAOs shall be set by the Board of Governors or a board
of trustees delegated such authority by the Board of Governors.[4]
No
president, chancellor, or other Tier I SAAO may be paid, in addition to his or
her compensation as established pursuant to the foregoing requirements, for any
services rendered to any institution-related foundation, endowment, or other
entity that was established by officers of the University, that is controlled
by the University, or that is tax exempt based on being a support organization
for the University, without the express approval of the Board of
Governors. This provision does not
prohibit any institution-related foundation, endowment, or other entity that
was established by officers of the University, that is controlled by the
University, or that is tax exempt based on being a support organization for the
University from providing some of the funds to support the Board of Governors’
approved compensation of the president, chancellor, or other Tier I SAAO.
C.
Equal Employment Opportunity
It
is the policy and intention of the University of North Carolina System that
there be equal employment opportunity and freedom from unlawful discrimination
in all employment within the University, as set out in Section 103 of The Code.[5] Employment in a Tier I SAAO position shall be
conducted in accordance with all provisions of State or federal law or
regulation prohibiting any such discrimination, and in accordance with
applicable affirmative action plans.
D. Political Activity
Employment
in Tier I SAAO positions shall not be adversely affected by the exercise of
rights guaranteed by the First Amendment of the United States Constitution or
by Article I of the North Carolina Constitution; provided, that employees in
Tier I SAAO positions shall be subject to any limitations on political activity
established by Article 5 of G.S. 126.
The Board of Governors’ policies concerning political activity, Section
300.5 of the UNC Policy Manual, as they may be revised from time to
time, shall apply to Tier I SAAO positions covered by this policy.
E. Holiday and Leave Entitlement Holidays
1. Holidays
A Tier I SAAO shall be subject to the same
State-prescribed holidays given employees subject to the North Carolina Human
Resources Act.
2. Annual Leave
a. Basic Leave Policy
A
permanent full-time (1.00 FTE) Tier I SAAO shall be entitled to accrue
26 workdays of annual leave per year.[6]
Annual leave is accrued at a
monthly rate and is adjusted proportionately for permanent part-time employees
who work halftime or more (0.50 - 0.99 FTE).
The monthly earnings amount is equal to one-twelfth (1/12th)
of the annual rate for each month the employee works or is on approved leave
with pay. Monthly leave is earned when
an employee works or is on approved leave with pay at least half the working
days of a month.
The
maximum number of unused days of annual leave that may be carried forward from
one year to the next shall be 30 workdays.
Annual leave in excess of 30 days will be automatically converted to
sick leave at the end of the year.
b. Transfer of Accrued Annual Leave
An
employing institution must establish campus-wide uniform guidelines regarding
the transfer of accrued annual leave from a UNC System constituent institution
or State or local governmental agency whose leave is currently transferable in
accordance with the policy prescribed for employees subject to the North
Carolina Human Resources Act. Upon
discontinuation of employment from the employing institution, the employee may
either elect a payout of accrued annual leave (see d., below) or transfer the remaining balance of any unused
annual leave to another State or local governmental agency, subject to the
receiving agency’s approval.
c. Advancement of Annual Leave
Subject to institutional policy and approval by the employee’s
supervisor, an employee may be advanced the amount of leave that can be accrued
during the remainder of the year or during a twelve-month period. If an employee separates from the
employing institution and has taken more annual leave than has been accrued,
the employing institution must determine the amount of leave that the employee
must repay to the institution and make deductions from the employee’s final
salary check accordingly.
d. Payout of Accrued Annual Leave
A Tier I SAAO who has accrued unused annual leave upon
discontinuation of employment from the employing institution and who either
does not elect or is not eligible to transfer such accrued leave to another
State or local governmental agency, shall be paid for such unused annual leave
subject to a maximum of 30 such days.
Each institution shall establish guidelines for payout of leave if a
change in employment status occurs and such employee is no longer covered by this policy.
3. Sick
leave, family and medical Leave, family illness leave, civil leave, military
leave, community service leave, and special annual leave bonus
A Tier I SAAO shall be entitled to such sick leave, family
and medical leave, family illness leave, civil leave, military leave, community
service leave, and special annual leave bonus as may be prescribed for
employees subject to the North Carolina Human Resources Act.
However,
with respect to sick leave, subject to institutional policy and approval by the
employee’s supervisor, a Tier I SAAO may be advanced the amount of sick leave
that can be accrued during the remainder of the year or during a twelve-month
period. If the employee separates from
the employing institution and has taken more sick leave than has been accrued,
the employing institution must determine the amount of leave that the employee
must repay to the institution and make deductions from the employee’s final
salary check accordingly.
4. Miscellaneous
Leaves of Absence
A Tier I SAAO who desires a leave of absence for an interval
of 90 days or less must obtain the approval of the president, who shall report
all such arrangements to the Board of Governors. A leave of absence for a period exceeding 90
days shall require the approval of the Board of Governors.
5. Voluntary Shared Leave
A Tier I SAAO shall be subject to the same provisions
concerning shared leave as are applicable to employees subject to the North
Carolina Human Resources Act with the exception that the donation and
acceptance of such leave shall be computed on the basis of days rather than
hours.
F. Educational Entitlement
G. Statutory and Other Rules of
Employment
1. Privacy
of Personnel Records
A Tier I SAAO enjoys the protections of and is subject to
the provisions of Article 7 of G.S. 126, entitled, “The Privacy of State
Employee Personnel Records.”
2. Employment Preference for Veterans
A Tier I SAAO enjoys the protections of and is subject to
the provisions of G.S. 128-15, which provide for preference in employment for
veterans of United States military service and their spouses and widows or
widowers.
3. Employment of Related Persons
A Tier I SAAO is subject to the Board of Governors’ policy
concerning employment of related persons, Section 300.4.2 of the UNC Policy
Manual, as it may be revised from time to time, and any associated guidelines.
H. Retirement
A Tier
I SAAO may retire in accordance with the provisions of G.S. 135.
III. Tier II Senior Academic and Administrative Officers of the
University of North Carolina System as Defined in Section I.B., above, Shall be
Subject to the Following Policies
1. Tier II SAAOs are employed in their administrative
positions pursuant to this policy. The
authority to make appointments and determine salaries for positions within
Section I.B(1) is exercised by the Board of Governors, on recommendation of the
president, or a board of trustees delegated such authority by the Board of
Governors; for positions within Section I.B(2), such authority is delegated by
the Board of Governors to the chancellors and the respective boards of trustees
of the constituent institutions.
2. Every Tier II SAAO appointment
within a constituent institution covered by this policy shall be made by the
chancellor, or the chancellor’s delegate, by means of a letter of appointment
that fulfills the requirements of this Section III.
3. Every
letter of appointment to a Tier II SAAO position shall include:
a. The title
of the position;
b. The
initial salary;
c. A
provision for the periodic review of compensation;[7]
d. A
provision consistent with Sections III.A.4., and III.A.5., below, if
contingencies based on availability of funding are applicable;
e. The
annual leave entitlement of the employee;
f. Notice that the employment conferred
is an “employment at will” subject to continuation or discontinuation at the
discretion of the president or of the chancellor, with the exception of
contracts or letters of appointment of directors of athletics, which may be for
a term of years and are governed by Policy 1100.3; and
g. Notice that the employment is
subject to this policy as originally adopted and as it may be periodically
revised from time to time, and a copy of the policies shall be attached to the
letter of appointment.
4. When a Tier II SAAO position is
funded in whole or substantial part from sources other than continuing State
budget funds or permanent trust accounts, the letter of appointment shall state
that continuation of the employee’s service in that position is contingent upon
the continuing availability of funds from such other sources to support that position,
shall specify the source of such funds, and shall state that the effect of such
contingency may apply without the additional notice otherwise required by
Sections III.B.1., III.B.2., and III.B.3.; provided, that the affected employee
shall be informed at the earliest practicable date of the occurrence of such a
funding contingency.
5. When a Tier II SAAO is to serve
simultaneously in both a position covered by this policy and a position of
University employment not covered by this policy, with the result that two
different prescriptions may appear to obtain with respect to a particular
condition of employment or a right or responsibility of the employee, one
position shall be designated the base position to determine the conditions of
employment and the rights and responsibilities of the employee. If appointment to a position covered by this
policy occurs subsequent to an appointment to a position not covered by this
policy, the letter of appointment to the position covered by this policy shall
embody the required designation of base employment; conversely, if appointment
to a position covered by this policy precedes appointment to the other category
of University employment, the letter of appointment or contract establishing
the second employment shall embody the required designation of base
employment. In either case, the
designation of base employment shall specifically describe the different
rights, duties, and compensation for each position and the relationship, if
any, between the two positions.
Any funding contingency of the type referred to in
Section III.A.4., shall be set forth separately for the position covered by
this policy and for the other position, since the operation of any such
contingencies may be independent.
When an appointment to a Tier II SAAO position is to
be accompanied by appointment to a faculty position that is intended to be
nominal or honorary, or to create a faculty affiliation not entailing
significant duties or compensation, the term “adjunct,” or similar
nomenclature, shall be used to identify the faculty appointment.
B. Discontinuation
of Employment
1.
Discontinuation of Appointment, with Notice or Severance Pay
Employment within a Tier II SAAO
position that is established by the letter of appointment to be an employment
at will is subject to discontinuation at any time at the discretion,
respectively, of the president or of the chancellor; provided, that such a
discontinuation (as distinguished from discharge for cause, Section III.B.4.)
shall be subject to advance timely notice of discontinuation or the payment of
severance pay, in calendar days, as follows:
a. During the first year of service,
not less than 30 days’ notice prior to discontinuation of employment or the
payment of severance pay for 30 days;
b. During the second and third years of
service, not less than 60 days’ notice prior to discontinuation of employment
or the payment of severance pay for 60 days; and
c. During the fourth and all subsequent
years of continuous service, not less than 90 days’ notice prior to
discontinuation of employment or the payment of severance pay for 90 calendar
days.
The
chancellor or the president may provide the employee with a combination of
notice and severance pay that totals the respective required number of
days. The determination of whether the
employee shall receive notice of discontinuance of the appointment or severance
pay or a combination of the two shall be in the sole discretion of the
respective chancellor or the president.
2. Expiration of Term Appointment
Employment
within a Tier II SAAO position that is established by the letter of appointment
dated prior to December 1, 2004, to be for a stated definite term expires
automatically at the conclusion of the stated term; such an appointment may be
extended at the option of the employing institution on an employment at will
basis, by written notice satisfying the requirements of Section III.A.
If the employing institution
intends not to extend the employment, (a) with respect to a term of one year or
less, no notice of intent not to extend shall be required; (b) with respect to
a term of more than one year but less than four years, notices of intent not to
extend shall be transmitted in writing at least 60 days prior to this
expiration date of the term; (c) with respect to a term of four years or more,
notice of intent not to extend shall be transmitted in writing at least 90 days
prior to the expiration date of the term.
Failure to provide written notices as required in subsections b. and c.,
above, shall result in the automatic extension of employment for a period,
respectively, of either 60 days or 90 days, beyond the date the notice is given
to the employee.
3. Termination of Employment Because of Financial Exigency
or Program Curtailment or Elimination
Employment
within a Tier II SAAO position that is established by the letter of appointment
to be for a stated definite term may be terminated prior to expiration of the
stated term because of (a) demonstrable, bona fide institutional financial
exigency, or (b) major curtailment or elimination of a program.
“Financial
exigency” is defined to mean a significant decline in financial resources of
the University that compels a reduction in the university’s or the
institution’s budget. The determination
of whether a condition of financial exigency exists or whether there shall be a
major curtailment or an elimination of a program shall be made, respectively,
by the president or by the chancellor, with advance notice to and approval by
the Board of Governors.
If the
financial exigency or curtailment or elimination of a program is such that the
contractual obligation to an employee within a position covered by this policy
cannot be met, the employment of the individual may be terminated, subject to
the following notice requirements:
a. During the first year of service, not less than 30 days’
notice prior to termination;
b. During the second and third years of employment, not less
than 60 days’ notice prior to termination; and
c. During the fourth and all subsequent
years of service, not less than 90 days’ notice prior to termination.
4. Discharge for Cause
Any
Tier II SAAO may be discharged for stated cause.
Discharge for cause is to be distinguished from
discontinuation with notice (Section III.B.1.), automatic expiration of term
(Section III.B.2.), and termination because of financial exigency or program
curtailment or elimination (Section III.B.3.).
Stated causes for discharge shall include, but not necessarily be
limited to, incompetence, unsatisfactory performance, neglect of duty, or
misconduct that interferes with the capacity of the employee to perform
effectively the requirements of his or her employment. Discharge for cause is to be preceded by
written notice of intent to discharge and is subject to invocation by the
affected employee of the review procedures of Section III.C., of this policy. When an employee occupying a position covered
by this policy has been notified of the intention to discharge for cause, the
president or chancellor, as applicable, may suspend the employment at any time
and continue the suspension until the president’s or chancellor’s decision
concerning discharge has been reached; such suspension during this time period
shall be with full pay. If the final
university decision is to discharge the employee, then the employee may be
discharged without further pay without regard to whether there is an appeal to
a board of trustees or the Board of Governors in accordance with Section 611 of
The Code. No provision of this
policy shall be interpreted to extend an employee’s right to pay beyond the
expiration of the employee’s term of appointment while an appeal is pending
under this policy.
C. Reviews
1. UNC System Office and each
constituent institution respectively shall adopt and publicize procedures
applicable to relevant cohorts of employees, under which covered employees may
secure review of decisions concerning discharge for cause or other disciplinary
action, or review concerning the interpretation and application of any
provision of this policy; provided, however, that reviews concerning
discontinuations, expiration of term appointments, or terminations of
employment with notice, pursuant to Sections III.B.1, III.B.2., and III.B.3,
may be brought only upon allegations of violations of applicable notice
requirements or violations of any provision of Section III.D. or III.E., of
this policy.
2. Decisions reached pursuant to such
review procedures concerning the discontinuation, expiration of term
appointment, termination, or discharge for cause may be appealed in accordance
with the provisions of Section 611 of The Code.
D. Equal Employment Opportunity
It
is the policy and intention of the University of North Carolina System that
there be equal employment opportunity and freedom from unlawful discrimination
in all employment within the University, as set out in Section 103 of The Code.[8] Employment in a Tier II SAAO position
shall be conducted in accordance with all provisions of State or federal law or
regulation prohibiting any such discrimination, and in accordance with
applicable affirmative action plans.
E. Protected Activity
Employment
in Tier II SAAO positions shall not be adversely affected by the exercise of
rights guaranteed by the First Amendment of the United States Constitution or
by Article I of the North Carolina Constitution; provided, that employees in
Tier II SAAO positions shall be subject to any limitations on political
activity established by Article 5 of G.S. 126.
The Board of Governors’ policies concerning political activity, Section 300.5.1
of the UNC Policy Manual, et seq. as they may be revised from time to
time, shall apply to Tier II SAAO positions covered by those policies.
F. Holiday and Leave Entitlement
1. Holidays
Employees
in Tier II SAAO positions shall be subject to the same State-prescribed
holidays given employees subject to the North Carolina Human Resources Act.
2. Annual Leave[9]
a. Basic Leave Policy
A permanent full-time (1.00 FTE) Tier II SAAO shall be
entitled to
accrue 24 workdays of annual leave per year. Annual leave is accrued at a monthly rate and
is adjusted proportionately for permanent part-time employees who work halftime
or more (0.50 - 0.99 FTE). The monthly
earnings amount is equal to one-twelfth (1/12th) of the annual rate
for each month the employee works or is on approved leave with pay. Monthly leave is earned when an employee works
or is on approved leave with pay at least half the working days of a month.
An
employing institution shall define a year as either “fiscal year” (July 1 - June
30) or “calendar year” (January 1 - December 31). (Note: Employing institutions that have previously
defined a year as “contract year” may continue to do so.) The scheduling of an employee’s annual leave
shall be subject to the approval of the employee’s supervisor. With respect to an incumbent employee who is
earning more than 24 days per year as of the date this policy becomes
effective, such employee shall be entitled to continue to earn leave at the
current rate.
The
maximum number of unused days of annual leave that may be carried forward from
one year to the next shall be 30 workdays. Annual leave in excess of 30 days will be
automatically converted to sick leave at the end of the year.
b. Transfer of Accrued Annual Leave
An
employing institution must establish campus-wide uniform guidelines regarding
the transfer of accrued annual leave from a UNC System constituent institution
or State or local governmental agency whose leave is currently transferable in
accordance with the policy prescribed for employees subject to the North
Carolina Human Resources Act. Upon
discontinuation of employment from the employing institution, the employee may
either elect a payout of accrued annual leave (see (d), below) or transfer the remaining balance of any unused
annual leave to another State or local governmental agency, subject to the
receiving agency’s approval.
c. Advancement of Annual Leave
Subject
to institutional
policy and approval by the employee’s supervisor, an employee may be advanced
the amount of leave that can be accrued during the remainder of the year or
during a twelve-month period. If an
employee separates from the employing institution and has taken more annual
leave than has been accrued, the employing institution must determine the
amount of leave that the employee must repay to the institution and make
deductions from the employee’s final salary check accordingly.
d. Payout of Accrued Annual Leave
A Tier II SAAO who has accrued unused annual leave upon
discontinuation of employment from the employing institution and who either
does not elect or is not eligible to transfer such accrued leave to another
State or local governmental agency, shall be paid for such unused annual leave.
The amount paid to an employee who has
been employed an aggregate of 24 months or less by one or more State or local
governmental agencies is equal to one day for each month worked less the number
of days of annual leave taken during the employment period. An employee
who has been employed for more than 24 months shall be paid subject to a
maximum of 30 such days. Each institution shall establish guidelines for
payout of leave if a change in employment status occurs and such employee is no
longer covered by this policy.
3. Sick Leave, Family and Medical Leave, Family Illness
Leave, Civil Leave, Military Leave, Community Service Leave and Special Annual
Leave Bonus
Tier II SAAOs shall be entitled
to such sick leave, family and medical leave, family illness leave, civil
leave, military leave, community service leave, and special annual leave bonus
as may be prescribed for employees subject to the North Carolina Human
Resources Act.
However, with respect to sick leave, subject to
institutional policy and approval by the employee’s supervisor, an employee may
be advanced the amount of sick leave that can be accrued during the remainder
of the year or during a twelve-month period. If the employee separates from the
employing institution and has taken more sick leave than has been accrued, the
employing institution must determine the amount of leave that the employee must
repay to the institution and make deductions from the employee’s final salary
check accordingly.
4. Leave of Absence without Pay
Tier
II SAAOs may request a leave of absence without pay, subject to approval of
such leave by the president or by the chancellor, as applicable.
5. Voluntary Shared Leave
Tier II SAAOs shall be subject to the same provisions
concerning shared leave as are applicable to employees subject to the North
Carolina Human Resources Act with the exception that the donation and
acceptance of such leave shall be computed on the basis of days rather than
hours.
G. Educational Entitlement
Tier
II SAAOs are entitled to the same opportunities as other University employees
to invoke the privilege of tuition waiver conferred by Section 1000.2.2 of the
UNC Policy Manual.
H. Statutory and Other Rules of Employment
1. Privacy of Personnel Records
Tier II SAAOs enjoy the protections of and are subject to
the provisions of Article 7 of G.S. 126, entitled, “The Privacy of State
Employee Personnel Records.”
2. Employment Preference for Veterans
Tier II SAAOs enjoy the protections of and are subject to
the provisions of G.S. 128-15, which provide for preference in employment for
veterans of United States military service and their spouses and widows or
widowers.
3. Employment of Related Persons
Tier II SAAOs are subject to the Board of Governors’ policy
concerning employment of related persons, Section 300.4.2 of the UNC Policy
Manual, as it may be revised from time to time, and any associated guidelines.
I. Retirement
Tier II SAAOs may retire in accordance with the
provisions of G.S. 135.
[1]Deans
at the North Carolina School of Science and Mathematics fall within section
I.B., of this policy.
[2]Other
officers include (a) members of the chancellor’s professional staff; (b) those
responsible for the administrative direction of separately designated divisions
or departments of institutional activity commonly associated with institutions
of higher education; (c) those positions whose primary responsibility is to
attract external funds for and/or market the University; and, (d) other
officers holding positions characterized by active, continuing involvement in
formulating, interpreting, and implementing institutional policy and exercising
substantial independence of administrative authority and discretion in areas
such as program planning and design and allocation of resources.
[3]Pursuant
to G.S. 116-11(13), and notwithstanding The Code or any other policy,
the Board of Governors has delegated certain authorities to the president of
the University. See Section 200.6 of the UNC Policy Manual, Delegation Authority
to the President of the University, adopted November 13, 2016.
[4]See endnote 3, above.
[5]Bona
fide occupational qualifications or other exceptions to those general
prohibitions, specifically provided for by State or federal law, may be applied
to positions covered by this policy.
[6]For
the purposes of determining leave under this policy, “year” shall be defined by
the employing institution as either a “fiscal year” (July 1 – June 30) or a
“calendar year” (January 1 – December 31). Institutions currently defining a
“year” as a “contract year” may continue to do so.
[7]Subject
to any compensation policies adopted by the Board of Governors or the board of
trustees.
[8]Bona
fide occupational qualifications or other exceptions to those general
prohibitions, specifically provided for by state or federal law, may be applied
to positions covered by this policy.
[9] Effective
July 1, 2001.