PART
VI.
GENERAL
PERSONNEL POLICIES
It is a policy of the university throughout
the campus and all its branches, divisions, departments, facilities, and
activities that firm and positive steps be taken by all supervisory and
management personnel to prevent any discriminatory employment practices; and
that affirmative action will be taken to ensure that applicants for employment
will be considered and employed based on actual job requirements; and that all
personnel matters pertaining to employment, placement, training, upgrading,
promotion, demotion, transfer, layoff, termination, and salary administration
will be conducted in a nondiscriminatory way without regard to race, color, national
origin, religion, veteran’s status, gender, age, sexual orientation, political
affiliation, or disability. (
The general faculty shall consist of
all full-time members of the teaching, research, or administrative staff who
hold a professorial rank, including those on special faculty appointment. Adjunct members of the faculty do not receive
benefits normally associated with full-time employment, nor does such service
count toward the attainment of a tenured position. Teaching fellows are not formal members of
the university faculty.
A. Appointment
See Appendix
C, Personnel Policies and Procedures for the Faculty of
B. Collection
of Money
No individual or department of the university
may collect any money without being authorized to do so by the business office,
and reports of all such collections, when authorized, shall be made on forms
provided by the business office. All
money collected shall be turned in to the business office promptly for
deposit. All disbursements are to be
made by check drawn by the business office. The foregoing regulation by the
board of trustees applies to university funds and does not apply to civic and
charitable fund campaigns. Collections of funds for special instructional
materials, such as magazines, should be made by a designated student and not a
faculty member.
C. Employee
Involvement In Political Candidacy and Officeholding
Policies adopted by the Board of
Governors in 1976 and conforming policies adopted by the Board of Trustees in
1994 establish processes for resolving, in advance, questions about possible
conflicts between a University employee's satisfactory performance of
employment responsibilities and his involvement in political candidacy and officeholding. All University employees except those
subject to the State Personnel Act are covered by the policies. An employee who
intends to become a candidate for election or appointment to or to hold any
public office is responsible for knowing the terms of and complying with the
requirements of these policies. A copy
of the full text of the policies along with instructions and forms to be used
to comply with the policies may be obtained from the University Attorney. The
instructions include deadlines which must be followed. Any petitions required
by these instructions should be submitted as early as possible, but no later than the following:
For affected academic Completed petition to be Completed Petition
periods beginning: received by Chancellor: to be received by board:
*January (e.g., for a October 15 of preceding
year November 1 of preceding year
May primary contest)
*May/June (e.g., for fall March 15 April
1
elections affecting summer
employment)
*August/September (e.g., June 15 July 1
for fall general election)
*Other periods 90 days prior to 60 days prior
to
beginning
of period beginning
of period
Failure to comply with the policies is a
violation of the terms and conditions of University employment and may result
in disciplinary action. The following is a summary of the basic provisions of
the board policies. The full text of the policies should be consulted by an
affected employee. Advice concerning the interpretation and application of the
policies may be obtained from the University Attorney.
1. Candidacy
for election to public office
Becoming a candidate for election to a
full-time or major part-time office is presumed to create a conflict of time
that interferes with the employee's satisfactory performance of University
employment obligations. The conflict may be avoided by (1) resigning from
University employment, (2) seeking an appropriate unpaid leave of absence from
University employment, or (3) rebutting the presumption of conflict by
demonstrating that
there in fact will be no conflict
between campaign activity and University employment. An employee who intends to
become a candidate must follow prescribed procedures for resolving questions
about conflicts in advance of becoming a candidate.
2. Holding
public office
Upon assuming an elective or appointive
full-time office, a University employee will be deemed to have resigned his
University employment, unless prior to assuming office he requests and is
granted a full leave of absence, without pay. Such a leave of absence may not
exceed two years.
Upon assuming an elective or appointive
major part-time office, a University employee will be presumed to have a
conflict of time that necessitates his resignation from University employment;
the resignation requirement may be avoided if (1) he requests and is granted an
appropriate leave of absence or (2) he rebuts the presumption of conflict by
demonstrating that there in fact will be no conflict between officeholding and University employment. An employee who
intends to occupy such an office must follow prescribed procedures for
resolving questions about conflicts in advance of assuming the office.
D. Leaves
of Absence
A faculty member
may take a leave of absence for one or more semesters (normally not more than
two academic years or more often than once in three years.) The leave can be
with salary or without salary, depending on the type of leave and the advance
approval for the leave of absence.
A faculty member who is requesting a
professional leave of absence for one semester (or appropriate period of time
for the
There are
generally 3 types of leaves of absence.
1. Professional leave. This type of leave
is granted to give a permanently tenured faculty member opportunities for research, advanced study and/or
professional growth. For probationary-term faculty members, this type of leave
allows faculty members to accept competitive awards in programs such as the
Board of Governors Doctoral Assignment Fellowship, Fulbright Fellowship, or
Fogarty Fellowship programs, allowing research or advanced study opportunities.
2. Personal leave. Faculty members may request personal leave for purposes such as illness, childbirth, and/or child care.
3. Public service leave. A faculty member
may run for political office, serve in appointed or elected public office, or serve in an appointed professional
office and use this type of leave. Policies governing this type of leave are
explained in the ECU Faculty Manual, Part VI., Section 1.C., Employee
Involvement in Political Candidacy and Officeholding.
A leave of absence for the purpose of holding public office may not exceed two
years. Any requests for leave of absence
must be made in writing, in accordance with unit codes and with ECU Faculty
Manual, Appendix D. Tenure and Promotion Policies and Procedures of ECU.
Requests must accompany the personnel recommendation form. Leaves of absence
are subject to Appendix D., Section
II.C.3. Extensions of the Probationary Term.
For faculty members who do not have tenure, a period of leave might not
count as a part of the probationary period. The tenure decision might be
postponed for a period as specified in Appendix D., Section II.C.3. Since leaves are often granted under
circumstances that place an ethical obligation on the recipient of such leaves
to return, the faculty member on leave should observe the same rules regarding
adequate notice of resignation as found in Appendix D, II.A.5., Notice of
Resignation. The returning faculty member's pay will begin in the semester in
which he or she returns from leave. The contract between the faculty member on
leave and the university will be renewed. Raises and promotions awarded during
the period of leave will be placed into effect at the time that the faculty
member returns from leave. While on leave, the faculty member will have the
opportunity to maintain group life, health, and total disability insurance
consistent with the policies of the university. It should be noted that if the
health insurance is not continued while on leave of absence, the employee and
dependents will be subject to a preexisting clause for any medical condition,
whether diagnosed or not, for one year upon their re-enrollment in the plan. (
The University
also has a Serious Illness and Disability Leave for Faculty policy that is
detailed in Section VII.C. of this document.
E. Orientation
of New Faculty
During the opening week of school, new
faculty attend an announced meeting for the purpose of acquainting them with
the chancellor and key administrative personnel and their responsibilities and
with the relationship between faculty and administration. After this meeting,
orientation of new faculty is continued throughout the year by deans and
chairpersons who assist the faculty in becoming acquainted with the practices
and procedures of the university. Orientation of new faculty who are appointed
on a part-time basis will take place within their respective departments and
will include receipt of and discussion of the departmental part-time faculty
information sheet, as well as access to the complete ECU Faculty Manual.
F. Promotion
See Appendix
C, Personnel Policies and Procedures for the Faculty of
G. Resignation
and Re-appointment
See Appendix
D, Tenure and Promotion Policies and Procedures of ECU.
H. Phased
Retirement September 2007 Update
Participation in
I. Retirement
1. Insurance
All full-time employees of the
university with a permanent appointment must participate in the North Carolina
Teachers' and State Employees' Retirement System with the exception that
employees who hold faculty rank are eligible to choose between the North
Carolina Teachers' and State Employees' Retirement System (TSERS) or the
Optional Retirement Program (ORP). When first employed or when given a
permanent appointment, all employees should contact the department of Human
Resources to be enrolled in the retirement system. Once the eligible employee has made a choice
and enrolled in the system he or she selects, the decision will be
irrevocable. It is not possible to
change from one program to the other during employment in an eligible
position. All members of TSERS or ORP
will contribute 6 percent of their earnings, including summer session
salaries. All retirement contributions
to either TSERS or to ORP are tax sheltered from federal and state withholding
taxes. For those who teach a regular nine-month school term and who are active
members of TSERS, one year of creditable service is allowed for retirement purposes.
The employee in TSERS should apply for retirement benefits at least thirty days
but not more than ninety days prior to the effective date. Arrangements for retirement should be made at
the university department of Human Resources.
For those in ORP, individual guidance from the ORP representatives is
always available. A few months before
retirement age, the employee will receive information and specific figures for
options in regard to retirement benefits from ORP. (FS Resolution #07-26,
December 2007)
Employees who retire under either the optional retirement program (ORP)
or the North Carolina Teachers' and State Employees' Retirement System and who
are eligible to receive benefits through the NC Comprehensive Health Benefit
Plan must complete an application in the university department of Human
Resources for transfer of health benefit coverage from the active employee
group to the retiree group. Transfer is required for continuation of health
insurance benefits upon retirement. Any
premium due for coverage of dependents may be deducted from the monthly
retirement benefit check for those who are members of the North Carolina
Teachers' and State Employees’ Retirement System.
Additional information about the two
retirement systems is given below:
a. TSERS
The university is required to
contribute 10.83 percent of all employee salaries that are subject to
retirement deductions. A part of this
percentage is for accrued liability incurred by the retirement system's pension
fund, death benefit trust fund, and retirees' health care benefits. Some of the
key points for eligibility for certain benefits are as follows:
1) Monthly payments at retirement are based on
salary, age, and years of credit
2) Unreduced retirement benefit at age sixty-five
with five years of credit, or at age sixty with twenty-five years of credit, or
at any age with thirty years of credit; reduced benefit after age fifty and
twenty years of credit, or at age sixty with five years of credit
3) A right to a reduced benefit at age sixty
after five years of credit, regardless of whether the employee is working
4) In the event of the employee's death, the
beneficiary will receive a refund of the employee contributions with
interest. If the employee dies in active
service (while being paid salary or within 180 days after salary payments
cease) after completing twenty years of service credit regardless of age or
reaching age sixty with five years of service credit, the principal beneficiary
named to receive a refund of contributions and interest (provided only one
person is named) may choose to receive a monthly benefit for life instead of a
refund of contributions with interest.
This is known as the survivor's alternate benefit. If two or more persons or an estate is named
as beneficiary, the survivor's alternate benefit does not apply.
5) If an employee dies while still in active
service (while being paid salary), after one year as a contributing member, the
beneficiary will receive a single lump sum payment known as the death benefit.
This payment equals the highest twelve months salary in a row during the
twenty-four months before death.
6) Coverage in the NC Disability Income Plan as
described in the state retirement book.
Employees should maintain a current record of designation of beneficiary
with the TSERS. Any changes regarding
the designated beneficiary may be made at the university department of Human
Resources. In the event that the employee terminates his or her services with the
university without qualifying for retirement benefits, he or she may with draw
the portion of accumulated retirement
contributions or may leave the
accumulated contributions on deposit with TSERS. After a refund has been made, the employee
forfeits all credit for years of service earned during past employment.
b. Optional Retirement Program (ORP)
The university will contribute 6.66
percent on all earnings paid the employee.
Both the employee's contribution and the university's portion will be
placed on deposit with ORP account.
Funds will be distributed as requested by the employee at the time he or
she is enrolled. Some of the key points of the Optional Retirement Program are
as follows:
1) Premiums are invested in fixed common stock
funds and variable accounts as decided by the employee.
2) Ownership of an ORP account is immediate for
the employee’s funds but require a five-year vesting period for the University
contributions. The annuities do not provide use for collateral on a loan. If an employee leaves the University before
completing the five-year vesting period and is employed with another University
or college that does not offer participation with one of the current Optional
Retirement Program carriers for ECU, the following options would be available:
a. The
employee could repurchase his/her investment.
b. The
employee could elect a 12-month delay option.
If re-employed within 12 months from date of separation at ECU with a University or college that offers
participation with one of the ORP carriers, all funds contributed to the ORP
carrier during employment with ECU would be vested immediately.
c. The
employee could leave his funds in the ORP account and ECU would receive
reimbursement for its contribution.
If an employee leaves the University
before completing the five-year vesting period and is employed by a University
or college that will allow him/her to participate with a like ORP carrier at
ECU, all funds are immediately vested.
3) ORP contracts do not contain a disability
benefits provision. A disabled
participant may wish to start annuity income payments with the amount of income
depending upon the same factors that determine the amount of income if benefits
began under normal circumstances.
4) In the event of death of the employee, the
full current value of ORP contract, including the portion bought by the
employers, is paid as an income to the designated beneficiary. There is no additional death benefit
provision under ORP.
5) There are several options provided by ORP to
the employee at retirement time.
6) Employees enrolled in ORP are provided
coverage under the NC Disability Income Plan as outlined in the state
retirement handbook. Participation is based upon the same factors as if the
employee enrolled in TSERS.
2. Privileges
for Retired Faculty
a. The
following privileges are awarded to retired faculty:
1) Use of campus addresses that include a post
box and electronic mail account for a period of at least one year, subject to
availability. After the initial one year
period, electronic mail accounts will be deactivated if they are not used for a
90-day period. If the retiree does not
request activation of the account within 90 days of deactivation, the
University will remove the account from the email system.
(University Administrative Policy #1.902)
2) Right to be included in the University
catalogues and directories.
3) Continuance of eligibility to take one course
per semester without fees, subject to class availability.
(Prior to age 65, retired faculty are not eligible
to participate in the system-wide tuition waiver program. As stated in the university catalogs,
“persons 65 years of age or older who meet the requirements for in the in-state
rate of tuition and the university requirements for admission can have their
tuition and fees waived provided space is available in the requested
course{s}”.)
4) Access to library services under the same
conditions as active faculty, subject to space availability.
5) Continuance of eligibility to purchase
tickets to inter-collegiate athletic, cultural, and entertainment events under
the same conditions as active faculty.
6) Access to the University Employee Assistance
Program and Provider Directory when such services are available (
7) University identification card upon request.
8) Fully retired faculty may request a free B parking permit
and may also park in spaces designated "Retired Faculty." Faculty in
phased retirement and retired faculty who are re-employed by the university may
request a free B parking permit and may upgrade
the B permit to an A permit (by paying the price difference between an A and a
B permit) while bypassing the wait-list, but may not park in spaces designated
"Retired Faculty.
(
b. Upon the recommendation of the unit personnel
committee, unit head, appropriate dean, and appropriate vice chancellor, the
chancellor may grant the faculty retiree emeritus status (as defined in
Appendix C.) which includes the items listed above under Section I.I.2.a. and,
in addition, the following privileges:
1) Access to recreational facilities under the
same conditions as active faculty.
2) Continuance of eligibility to march, wearing
appropriate regalia, in University commencement exercised and other University
formal processions, as active faculty.
(FS Resolution #07-26, December 2007)
J. Salary
Policies
Faculty annual
salaries are paid semimonthly. New employees receive the first check on the
last work day of September. Checks are
distributed to each department by special messenger in the morning on the 15th.
and last day of each calendar month. When
the 15th. or last day of a month falls on a nonwork
day for the business office, distribution of checks will be made on the last
work day prior to that day. Arrangements
may also be made with the payroll office to have checks deposited in a local
bank to the faculty’s account. Salaries for summer term teaching are paid at
the close of each term. Federal income
tax is withheld on the basis of information furnished to the payroll office on
US Treasury Department Form W-4. It is
the responsibility of the employee to furnish the payroll office with a revised
Form W-4 if the number of withholding exemptions is changed due to deaths,
births, or other reasons. Since withholding
exemptions are applied to the regular salary of the individual, the withholding
tax on supplemental salaries for summer term, extension teaching, etc., must be
calculated without benefit of exemptions.
In January of each year, each employee will receive from the payroll
office receipts, US Treasury Department Form W-2 and NC Department of Revenue
Form NC-2 for income taxes withheld for the previous calendar year.
State income tax is
withheld on the basis of information furnished to the payroll office on North
Carolina Department of Revenue Form NC-4.
It is the responsibility of the employee to furnish the payroll office
with a revised Form NC-4 if the number of withholding exemptions is changed due
to deaths, birth, or other reasons. If
supplemental wages such as bonuses, commissions, or overtime pay are paid at
the same time as regular wages, the income tax to be withheld is determined as
if the aggregate of the supplemental and regular wages were in a single wage
payment for the regular payroll period.
For a full-time member of the faculty or EPA
professional staff, the salary approved by the Board of Governors is the full
compensation to be expected during the period of employment. No additional
payments may be made for university duties that are generally related to the
position to which the individual is appointed. The period of appointment
includes all formal holidays and interludes during which no classes are
scheduled.
Regardless of the salary source, total compensation
paid during the period of appointment cannot exceed the salary amount
authorized in the current academic salary increase document, except for
extraordinary situations that must be approved in advance by the appropriate
vice chancellor
Total Compensation: An
individual’s total annual salary compensation from all university sources may
not exceed 133% of the annual nine-month base salary or 100% for a twelve-month
employee during the twelve-month contract period without prior authorization
from the appropriate vice chancellor.
Bonus amounts awarded to EPA or CSS employees as part
of the Clinical Faculty Compensation Plan or Management Flexibility Act are not
be included in the calculation of total annual salary compensation in the
determination of the above amounts.
Less Than Full-time Employees: Upon appropriate
approvals, individuals with appointments of less than full-time during an
academic year or fiscal year can increase their commitment up to full-time with
additional compensation. However, in no event may the effort of an individual
exceed full-time commitment unless specifically approved in advance; additional
compensation must be proportional to the base salary rate and not exceed
full-time equivalency unless specifically approved in advance.
Research/Creative Activity: It is expected that such
other proposed duties or tasks may require reduction in other planned
responsibilities of the faculty or professional staff member. For example,
arrangements may be made for reassigned time or research contract “buyouts” if
faculty members are to conduct sponsored program activities during the regular
academic year. Sponsored program activity does not normally constitute
extraordinary or exceptional projects for consideration for supplemental
payment.
Overloads: Effective August 1, 2002, overload stipends
for any purpose should normally be limited to one per academic year and only
after the appropriate dean has granted prior approval and notified their
appropriate vice chancellor. Pay rates for non-distance education overloads
will be equated to the annual nine-month salary rate; i.e., pay per credit hour
for overloads may not exceed the per credit hour nine-month rate based on a
twelve credit hour per semester full-time basis.
As per Administrative Memorandum 407, a second
overload stipend for distance education purposes may be granted during an
academic year, but only after prior approval from the appropriate vice
chancellor. Units must ensure that overloads are necessary and should reduce
reassignments for non-instructional purposes if at all possible prior to
authorizing an overload stipend. It is preferable that overloads be kept to a
minimum and be granted no more than once per academic year. Pay rates for
distance education overloads may not exceed the published rates for summer
school.
Summer Overloads: No overloads will be permitted
during summer school sessions except in extraordinary circumstances and with
prior approval. Compensation from any and all salary sources for summer
employment may be arranged not to exceed three-ninths of the previous year’s
nine-month annual salary base rate. The
pay rate from summer school funds and distance education summer school courses
will be based on a percentage of the nine-month rate up to a published annual
maximum per session. The specific rates
may be obtained through the office of the Provost.
Work for ECU Outside the Home Unit: Prior approval to
teach or perform other duties outside the faculty member’s home unit is
required from all involved administrative levels.
Salary Conversion Rate for Faculty Holding
Twelve-month Appointments: The salary of a faculty member holding a
twelve-month appointment will be converted back to a nine-month faculty salary
at the rate of 9/11ths of his/her twelve-month base salary. Exceptions to this
pattern may occur based on individual based negotiations depending on the level
of the position, experience, and other factors. The approval of the Chancellor
is required for such conversions to occur.
External Activities for Pay:
The policies covering Faculty and Professional Staff income derived from
external activities for pay are governed by Part VI. of the ECU Faculty
Manual. Individuals are expected to
comply with these policies that include seeking prior administrative permission
to the commencement of the activity and the filing of annual conflict of
interest statements at the end of the academic year. The External Activities
for Pay forms and the Conflict of Interest Forms are available at www.aa.ecmedu/forms. (
K. Tenure
See Appendix
C, Personnel Policies and Procedures for the Faculty of
L. Travel
and Expense Allowances
1. Statutory Provisions Governing Travel and
Expense Allowances
Under no circumstances may duplicate
reimbursement be made for that portion of an employee's expenses paid or
reimbursed by a nonstate source. All travel is
contingent upon the availability of funds in the proper budget subheads. Travel
on official business by employees of
a. For transportation by privately owned
automobile, the employee will receive actual cost of road, bridge, and ferry
tolls paid and a set amount per mile if a state car is not avail able and this
is the cheapest method of transportation.
b. For transportation by airline, bus, railroad,
actual tourist class fare will be allowed.
Receipt for charges must be attached to reimbursement form.
c. The use of a rental automobile will be
authorized only when it is the most economical method of travel or it is the
only feasible method of available transportation. Approval for rental must be obtained in
advance. Receipt is required for
reimbursement.
d. Except as otherwise provided by specific law,
each state officer and employee authorized to receive reimbursement from the
state treasury for travel and other expenses incurred incident to the
performance of official duties shall be reimbursed for such expenses only as
described in the ECU Business Manual.
e. The state regularly allows reimbursement for
registration fees. However, the state
will consider requests for reimbursement over the maximum limit set. Requests,
accompanied by a copy of brochures, fee schedules, or other material listing
the costs included in the fee, should be made on the petition to travel and
submitted according to the designated deadlines.
2. State Policies Regarding Travel
All travel must have written
authorization. Full documentation and
explanation are required for all travel out of state and out of country. All
reimbursement requests shall be filed for approval and payment made with thirty
days after the end of the travel period for which reimbursement is being
requested.
a. Private
Cars
State employees may use their private
cars at a set reimbursement rate per mile if a state car is not available and
air coach is more expensive or not feasible and such use is to the state's
advantage. Reimbursement is limited to direct road map mileage between the
stops on the employees' itinerary. State employees on state business may use
their private cars for personal convenience at a set reimbursement rate or air
coach rate,
whichever is less, with subsistence
expense being reimbursable only for the period required for airplane travel.
Mileage rates include all charges incurred of any nature except tolls. Receipts for tolls are required for
reimbursement.
Reimbursement may not be made for
commuting between an employee's home and his or her duty station. Any
designation of an employee's home as his or her "duty station" by a
unit head shall require prior approval
by the office of State Budget and Management on an annual basis, no later than
the second week of December each year. The state auditor shall in the routine
audit of a department determine compliance with this provision. Generally,
reimbursement of expense for airport parking is limited to 48 hours with
receipt required for any charges. Reimbursement can be claimed for two round
trips to the airport or one round trip and parking. However, the reimbursable
parking charge cannot exceed the cost of the second round trip.
b. Taxis
and Limousines
The actual cost of taxi and limousine
fares is reimbursable when required for travel on state business. Taxi fares are not reimbursable for
inter-city transportation, except in emergencies when no less expensive mode of
transportation will be available within a reasonable period.
c. Rental
Cars
Use of a rental automobile will be
authorized only when it is the most economical method of available travel or it
is the only feasible method of transportation.