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VII - 1.22 - Policy on Separation for Regular Exempt Employees

I. Purpose

To establish implementation procedures for BOR Vll-1.22 Policy on Separation for Regular Exempt Employees.

II. Applicability

A. General:

1. This procedure applies to regular exempt employees.

2. Employment for regular employees at Bowie State University in exempt positions is on an at-will basis. This means that, subject to applicable laws and policies, either the employee or the University, consistent with Section III.A of this policy may terminate the employment relationships at any time.

B. Exceptions:

Regular employees in the following exempt positions are excluded from Sections ill and IV of this policy:

1. Officers: President, Vice Presidents, Provosts, and Academic Deans.

2. Associate and Assistant Vice Presidents, Associate and Assistant Provosts, Associate and Assistant Academic Deans.

3. Subject to the approval of the Chancellor, the President may designate other key positions for this exemption.

4. The Office of Human Resources will notify in writing affected employees at the time of appointment.

III. Guidelines and Standards:

A. Period of Notice

1. Employee Period of Notice - An employee must give at least 30 calendar days notice to the University prior to terminating his or her employment with the University. Failure to provide appropriate notification period may effect consideration for future opportunities at Bowie State University.

2. University Period of Notice - an employee that is involuntarily separated shall be provided a defined Period of Notice. University service time will be used in determining the Period of Notice rather than USM service. Prior University service time shall be included in the calculation provided there were no breaks in service longer than three (3) years.

3. The University may credit prior USM service to exempt employees who are offered an exempt position at the institution at the discretion of the Director of Human Resources.

a. The Office of Human Resources shall enter a note to the employee's personnel file stating the amount of service to be credited to the employee.

b. Credited service will become effective after the employee satisfactorily completes a one-year probationary period.

c. The Period of Notice shall be determined as follows:

Years of Institutional Service Period of Notice

Less than one year

One month

One year but less than four years

Three months

Four years but less than seven years

Six months

Seven years but less than ten years

Nine months

Ten years or more

Twelve months
 

B. Administrative Leave Status:

1. The Divisional Vice President or his designee can decide to place an employee that has been notified of a Period of Notice separation in an administrative leave with pay status for any part or all of the Period of Notice.

2. While in an administrative leave with pay status, the employee shall not earn other paid leave (annual, sick. holiday, personal).

C. Alternate Duty Assignments:

The Divisional Vice President or his designee may assign alternate duties and responsibilities to an employee who has been notified of a Period of Notice separation.

D. Probation and Rejection on Probation:

1. Probation:

a. An employee who voluntarily applies for and accepts an exempt position is required to serve a one-year probationary period.

b. An employee who is involuntarily transferred will not be required to serve a probationary period.

c. All new employees hired into an exempt position must serve a one-year probationary period.

d. Employees shall earn and be able to use sick, annual, personal and holiday leave during the probation period.

e. Employees may participate in the tuition remission program during the probation period.

f. If an incumbent has completed a probationary period in a nonexempt position and the position is changed to an exempt position, the required probationary period will have been fulfilled for the exempt position.

g. If the incumbent is serving a probationary period for a nonexempt position and the position is changed to exempt, the incumbent will be required to serve• the balance of a probationary period to equal one year.

h. If an incumbent has completed at least one year in a faculty position and the position is changed to the exempt category, the incumbent will be considered to have completed the probationary period for the exempt position.

i. If an incumbent has completed less than one year in a faculty position and the position is changed to the exempt category, the incumbent will be required to serve the balance of a probationary period to equal one year.

2. Rejection on Probation:

a. During the probationary period, the responsible administrator, at his or her discretion, may reject an employee.

b. The rejected employee shall be given at least 30 calendar days written notice of the rejection.

c. Or, at the discretion of the Divisional Vice President in consultation with the Director of Human Resources, the rejected employee may be placed on administrative leave for all or part of the 30 day Period of Notice.

d. The responsible administrator must complete a Probationary Status Report with the justification to reject an employee while on probation.

e. Upon the approval of the Divisional Vice President, the completed document(s) must be submitted to the Director of Human Resources for review.

f. The notice shall be .provided to the employee no later than 30 days prior to the expiration of the probation period.

IV. Deviations

A. Exceptions to Notice Requirement

1. The Divisional Vice President or his designee may eliminate the Period of Notice for separation for a regular exempt employee if an employee is terminated for any of the following reasons:

a. Moral turpitude

b. Incompetence

c. Willful neglect of duty

d. Illegal actions

e. Gross misconduct

f. Severe safety violations

g. Failure to accept reassignment

h. Medical condition causing inability to perform essential job duties with reasonable accommodations required by law.

2. The Divisional Vice President or his designee may eliminate the notification period for termination from a probationary status if the termination is a result of the following:

a. Breach of discipline.

b. Gross incompetence that could jeopardize the essential services of the University.

B. Employee Rights:

1. The University's failure to provide notice as set forth in this policy may be grieved.

2. An employee may grieve the rejection on probation action for the purpose of showing that the rejection is procedurally deficient or in violation of the law.

 

Replacement For:

Laws Relating to and Governing Policies and Procedures of Board of Trustees of the State Universities and Colleges of Maryland. Jan. 1977, Section VI. Administrative Officers, C. Appointment, Page VI-1.

USM Policy on Librarians, Vll-2.15, Permanent Status, October 6, 1995

Additionally, this policy supersedes, in whole or in part, any policy(ies) and/or procedure(s) established by the Regents, Trustees, Presidents, or their designees, of the former institutions of the University of Maryland, and of the former State Universities and Colleges, and of the Regents of the University System of Maryland that are in conflict with this policy's purpose, applicability, or intent, that may have been overlooked and not included as a specific citation under "Replacement For."

 

Effective Date: 07/12/2000