| Record | Requirement |
| Payroll or other records, including those for temporary positions showing employees' names, addresses, dates of birth, occupations, rates of pay and weekly compensation. | 3 Years |
|
Applications and other personnel records (e.g. promotions, transfers, demotions, layoffs, terminations) requests for reasonable accommodation.
|
2 Years |
| Affirmative Action Plan (AAP) for Minorities and Women. | 2 Years |
| FMLA (Family Medical Leave Act) | 3 Years |
| INS Form 1-9 (Employee Eligibility Verification Form) | 3 Years |
|
Personnel/employment records (job advertisements and postings, applications, resumes, interview notes and records regarding hiring, assignment, promotion, demotion, transfer, layoff, termination, rates of pay or terms of compensation andselection for training or apprenticeship).
|
2 Years |
A. DSU Application Form
Active
Policy Effective Date:
A dependent child is defined as one who is an unmarried natural child, adopted child, step-child or legal ward and is less than 25 years of age as of the first day of the semester for which application is made for tuition remission.
Under this policy, Delta State University will remit tuition for no more than six (6) credit hours per fall or spring semester. Delta State will remit tuition for no more than three (3) credit hours per summer term and/or a total of six hours for extended summer terms. Tuition remission is available for no more than three (3) credit hours per intersession term. The Tuition Remission Program does not include laboratory fees, course materials, or housing fees. Also excluded are Independent Study (Correspondence) courses and non-credit workshops, institutes and short courses offered thorugh the Division of Graduate and Continuing Studies.
Employees may be released for up to one (1) three credit hour course during their normal working day with the prior approval of the responsible department/unit head. Employees will be not be release from work for any additional courses above three (3) credit hours in a given semester or term. Additional courses must be taken during non-work hours.
In order to receive tuition remission, employees must gain admission/readmission to the University and complete the Application for Tuition Remission form. The application must be completed and forwarded to the Human Resources Department prior to the deadline for registration each semester.
Credit hours taken in excess of the limits specified in this policy shall be paid for by employees at the actual tuition for those hours.
Retired full-time employees, who were eligible for the Tuition Remission Program at the time of their retirement, may continue to be eligible under the same terms as regular employees. The term retirees shall mean employees who have attained official retirement status from the University.
Regular full-time employees on an approved leave of absence may continue to be eligible for the Tuition Remission Program for the duration of the approved absence.
Regular full-time employees and eligible dependents covered by the State & School Employees’ Health Insurance Plan have the right to continue group health insurance coverage under the Consolidated Omnibus Budget Reconciliation Act Public Law 99-272, Title X (COBRA) guidelines.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
PROCEDURES and RESPONSIBILITIES
Regular full-time employees and eligible dependents covered by the State & School Employees’ Health Insurance Plan have the right to continue group health insurance coverage upon termination of employment unless the termination is for gross misconduct. Coverage may also be continued if employees' work hours are reduced and coverage is thereby canceled. Coverage may be continued by the spouse or dependent(s) in the event of employees' death, divorce or separation. A dependent child may also continue coverage when the dependent no longer meets the group plan's definition of a dependent child. The cost of coverage is paid by employees or qualified dependent(s).
The length of continuation coverage varies dependent upon the circumstances under which coverage ceased. It is the employees' responsibility to notify the Human Resources Department within 60 days of a divorce, legal separation, or a child losing dependent status. It is the responsibility of the Human Resources Department to notify employees and/or dependent(s) of the right to continuation coverage. Continuation coverage must be elected within 60 days of the date coverage ends.
Delta State University employees in administrative positions and teaching faculty of the State Institutions of Higher Learning are eligible to participate in the Optional Retirement (ORP).
Teaching Faculty: This generally includes full-time faculty employees who are working on paid appointments (contract) by the University. It generally excludes adjunct faculty, or temporary instructors. For specific information on who is covered under this plan, contact the Human Resources Department.
Administrative positions: This generally includes full-time staff employees with budgetary responsibility who are working on paid appointments (contract) by the University. For specific information on who is covered under this plan, contact the Human Resources Department.
PROCEDURES and RESPONSIBILITIES
The Optional Retirement Plan (ORP), administered by the Board of Trustees of the Public Employees' Retirement System of Mississippi, allows eligible employees to elect participation with one of three companies:
Upon employment, eligible employees have 90 days to elect participation in the ORP. If no election is made, employees will automatically be enrolled in the Public Employees' Retirement System (PERS). An election to participate in the Optional Retirement Plan is irrevocable and results in employees' ineligibility to participate in PERS.
Contributions to the ORP are the same as those required for PERS participation except that the University's contribution is split between the ORP and the PERS. University payments to PERS on behalf of ORP participants are applied to the accrued liability fund to offset losses resulting from non-participation, but do not earn employees participating in the ORP any additional retirement benefits in PERS.
All contributions are fully vested and non-forfeitable in the ORP. They are portable and remain with employees upon termination.
More detailed information on the optional retirement plan system is available in the Human Resources Department or by contacting the Public Employees' Retirement System of Mississippi, 429 Mississippi Street, Jackson, Mississippi 39201‑1005, telephone (601) 325‑3589 or 1‑800‑444‑7377 or www.pers.state.ms.us.
POLICY STATEMENT
Delta State University provides health coverage to eligible employees at no cost from their beginning date of employment.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
PROCEDURES and RESPONSIBILITIES
The State Health Insurance Plan is provided to regular full-time employees (except retirees hired on an emergency basis) at no cost from their beginning date of employment. Eligible employees may also insure their dependents in the health plan by paying the premium cost for the covered dependents.
Health insurance coverage is guaranteed in instances of employment, birth, adoption, or marriage if application for coverage is received within 31 days of the event. Eligible dependents may be added at any time provided coverage has not been discontinued during the same calendar year in which application is made. The addition of eligible dependents at times other than upon employment or a change in family status will require proof of insurability.
Coverage ceases on the last day of the month in which employees terminate their employment. Employees may elect to purchase a continuation of coverage under COBRA.
Continuation of Group Health Coverage
Coverage may be continued by employees while on leave of absence without pay for a period not to exceed one year. Employees must, however, pay the full cost of insurance coverage during the leave.
Retirees may elect to keep the State & School Employees' Health Insurance Plan coverage. The Human Resources Department advises employees during the retirement process of this coverage, of the premium rates, and of the method by which premium deductions are made. Employees' health insurance records should be kept up-to-date as personal conditions require changes in coverage. Changes should be reported immediately to the Human Resources Department.
Claim forms and filing instructions for payment of benefits by the State & School Employees' Health Insurance Plan are available from the Human Resources Department. Claims should be filed immediately following the date health services are received by the insured. To receive benefits under the plan, claims must be submitted no later than December 31 of the following year after health services are received. Problems relating to late payment or non-payment of claims and/or interpretation of claim settlement documents should be referred to the Human Resources Department.
9-11 Month Employees
Employees whose normal work schedule is comprised of fewer than twelve months per year are eligible for continuation of health and life insurance coverage during the months they are not working provided they intend to return to work at the end of the time off.
Premiums will be paid for the entire year by escrowing employees' and University's share of the premiums, as applicable, during the regular employment period.
All employees (except students) of the University are required to participate in old age and survivor’s insurance coverage in accordance with provisions of the Federal Social Security Act. Social Security tax is shared by employees and the University at rates based on annual earnings up to a maximum amount as determined by federal law.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
PROCEDURES and RESPONSIBILITIES
None
POLICY STATEMENT
Delta State University provides health coverage to eligible employees at no cost from their beginning date of employment.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
PROCEDURES and RESPONSIBILITIES
The State Health Insurance Plan is provided to regular full-time employees (except retirees hired on an emergency basis) at no cost from their beginning date of employment. Eligible employees may also insure their dependents in the health plan by paying the premium cost for the covered dependents.
Health insurance coverage is guaranteed in instances of employment, birth, adoption, or marriage if application for coverage is received within 31 days of the event. Eligible dependents may be added at any time provided coverage has not been discontinued during the same calendar year in which application is made. The addition of eligible dependents at times other than upon employment or a change in family status will require proof of insurability.
Coverage ceases on the last day of the month in which employees terminate their employment. Employees may elect to purchase a continuation of coverage under COBRA.
Continuation of Group Health Coverage
Coverage may be continued by employees while on leave of absence without pay for a period not to exceed one year. Employees must, however, pay the full cost of insurance coverage during the leave.
Retirees may elect to keep the State & School Employees' Health Insurance Plan coverage. The Human Resources Department advises employees during the retirement process of this coverage, of the premium rates, and of the method by which premium deductions are made. Employees' health insurance records should be kept up-to-date as personal conditions require changes in coverage. Changes should be reported immediately to the Human Resources Department.
Claim forms and filing instructions for payment of benefits by the State & School Employees' Health Insurance Plan are available from the Human Resources Department. Claims should be filed immediately following the date health services are received by the insured. To receive benefits under the plan, claims must be submitted no later than December 31 of the following year after health services are received. Problems relating to late payment or non-payment of claims and/or interpretation of claim settlement documents should be referred to the Human Resources Department.
9-11 Month Employees
Employees whose normal work schedule is comprised of fewer than twelve months per year are eligible for continuation of health and life insurance coverage during the months they are not working provided they intend to return to work at the end of the time off.
Premiums will be paid for the entire year by escrowing employees' and University's share of the premiums, as applicable, during the regular employment period.
All employees except those eligible for the Optional Retirement Plan, who are employed half time or more with Delta State University are required to become members of the Public Employees' Retirement System of Mississippi.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
PROCEDURES and RESPONSIBILITIES
The Public Employees' Retirement System of Mississippi enacted by the 1952 Legislature requires participation of all state employees who work twenty (20) hours per week or more for a state employer. The State of Mississippi mandates participation in the retirement system as a condition of employment.
Employees who are classified part‑time, who work less than 15‑days a month or who work less than the equivalent of 1/2 of a normal work load for their position and receive less than 1/2 of the normal wages for the position are exempt from participation. An exception to this policy is if a part-time employee is a member of the Public Employee’s Retirement System at another agency, then the employee must be a member at the University. Also, students of any state educational institution employed by an agency of the state for temporary, part‑time, or intermittent work may not enter membership into the system.
Persons whose employment is temporary in nature or intermittent and who are not employed for at least four and one‑half months in a fiscal year shall not be covered by the State Retirement System.
Contributions are taken in payroll deductions under a pre‑tax arrangement so that funds contributed are taxable only at retirement or termination. Employees who terminate from state service may choose to withdraw contributions they have made to the system in a lump sum amount, or they may leave the contributions in the retirement system until retirement or transfer to another state agency. Employees with less than four (4) years of service with the state must withdraw his/her funds.
Members may retire and receive full retirement allowance: (1) if they are age 60 with credit of at least 4 years of membership service; or, (2) they have accumulated at least 25 years of creditable service, regardless of age.
More detailed information on the retirement system is available in the Human Resources Department or by contacting the Public Employees' Retirement System of Mississippi, 429 Mississippi Street, Jackson, Mississippi 39201‑1005, telephone (601) 325‑3589 or 1‑800‑444‑7377 or www.pers.state.ms.us.
All employees are provided unemployment insurance coverage as required by the Mississippi Employment Security Law.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
PROCEDURES and RESPONSIBILITIES
The University pays the premium for the coverage that provides unemployment compensation for individuals during periods of time when they are out of work through no fault of their own.
Claims for unemployment insurance benefits are filed with an office of the Unemployment Compensation Division, Mississippi Employment Security Commission. Additional information and assistance, if needed, may be obtained from the Human Resources Department.
All Delta State University employees are covered by the Workers' Compensation provisions for the State of Mississippi.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
Qualifying Job Injury: An injury in which the employee is injured during the course of their University employment.
PROCEUDRES and RESPONSIBILITIES
The expense of this coverage is paid for by the University without cost to the employee. Workers' compensation includes only such accidents or injuries as occur on the job in the performance of the University assigned duties. This insurance pays all medical expenses of employees resulting from on-the-job injury or occupational illness. The coverage also provides compensation for absence from work, partial and total disability, and loss of life due to an injury on the job without regard to fault as to the cause of the injury or occupational disease.
Every injury must be reported immediately to the Student Health Services Center and the Human Resources Department. The appropriate form for reporting injury will be completed by the Student Health Services Center and forward to the Human Resources Department. The appropriate form must be filed by the Human Resources Department with the workers' compensation carrier within five working days of the date of the injury.
Failure to report verbally to the supervisor and to complete the report form within the specified time frame will jeopardize your receiving on the job injury benefits. Fraudulent claims are grounds for immediate termination. Workers' Compensation fraud is considered a felony.
An employee who sustains a “qualifying job injury” shall be eligible for job injury leave and Workers’ Compensation benefits.
All on‑the‑job injuries should be reported to the department supervisor immediately on occurrence. Each injury should be treated at the Health Center. Emergencies should be sent to the emergency room at Bolivar Medical Center or when away from campus, the nearest emergency facility. The attending physician will determine the extent of the injury and provide the Human Resources Department with a written prognosis of recovery.
Follow‑up treatment will be prescribed as necessary and a return‑to‑work date will be issued. Workers' Compensation will pay for all charges associated with the workers' compensation treatment program.
Physicians or medical institutions providing all or any part of the required medical services should be informed that employees are covered by Workers' Compensation at the University so that proper claims may be made for services rendered. (No claim for medical service relating to an on-the-job injury is to be reported under the State & School Employees’ Health Insurance Plan.)
Generally, physicians and medical institutions will file Workers' Compensation claims with the insurance company for full payment for services. However, if patients are required to make cash payment for services, a receipt should be furnished to the Human Resources Department and assistance will be provided to obtain reimbursement from the insurance company.
Excuse/Release to Return to Work
Employees are responsible for informing/updating their supervisor while they are absent from work due to an on-the-job injury and/or when their doctors have released them to return to work.
No workers' compensation payment except medical benefits shall be allowed for the first five (5) days of the temporary disability. Accrued personal or major medical leave may be used to cover all or part of the period of the five (5) days where no workers’ compensation payment will be made. Employees who have accrued sick or personal leave benefits are entitled to these benefits should they request them, along with payment from Workers' Compensation. Beginning on the sixth day of temporary disability, employees are to be compensated and in the case where the injury results in disability of fourteen (14) days or more, compensation shall be paid retroactive to the date of disability. Workers' Compensation is paid at 66 2/3 percent of employees' average weekly wage with a maximum determined by the Workers' Compensation Commission. Compensation is paid for a maximum of 450 weeks.
The injured employee cannot use accrued personal and/or major medical leave and receive worker's compensation benefits simultaneously if the combined of both benefits result in the employee being paid a total amount that exceeds 100% of the wages earned at the time of injury. The injured employee may use only as much of his accrued personal and/or major medical leave as necessary to constitute the difference between the amount of temporary disability workers' compensation benefits received and 100%.
Employees who are absent from an approved work due to a work-related injury or illness may continue health and optional insurances by contacting the Human Resources Department and paying the appropriate premiums.
Employees' supervisors must inform their supervisor or department head within 24 hours of an employee's return to work. When employees who have been injured on the job are released to return to normal duty by their attending physician, they should be returned to their regular job as soon as possible. If employees are not able to return to their regular job because the attending physician has released them to return to restricted duty only, the University reserves the right to:
Administrative leave is discretionary leave with or without pay, other than personal leave or major medical leave, which may be granted for jury duty and witness, extreme weather conditions or disaster, and special circumstances which do not fall under existing University policies.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
PROCEDURES and RESPONSIBILITIES
Policy
Administrative leave is a leave of absence (paid or unpaid) initiated to manage special circumstances where it is in the University's best interest to retain the employee relationship for a period of time to be determined by the University. Such leaves may be initiated by the University or requested by the employee. When an employee requests and administrative leave, the school or unit must assue that such leave does not fall within existing leave policies and does not cause a hardship to the operations of the school or department. Examples of special circumstances may be, but are not limited to:
Procedure:
The decision of whether an administrative leave initiated by the University shall be paid or unpaid, and whether benefits shall continue, rests with the University and depends on the circumstances surrounding the request for leave. Administrative leave approval shall be at the University’s discretion; and in collaboration with the Director of Human Resources or designee, the department manager, and may also include legal counsel. Administrative leave requested by the employee may be paid if the employee chooses to utilize accrued time off, or unpaid if the employee has no accrued time or chooses not to use any accrued time. If the administrative leave is unpaid, the Associate Director of Human Resources shall consult with the employee to make arrangements for benefits continuation. Administrative leaves do not qualify for the Leave Donation Program. An administrative leave for investigative/review or disciplinary purposes shall not be given for a predetermined length of time, but shall be in effect long enough to conclude the investigation/review.
Benefits During Administrative Leaves
For employee-requested administrative leave, vacation and sick time will continue to accrue only until the remainder of the month in which the leave commences, provided that the employee is still in active pay status as of the sixteenth of that month. Otherwise, an employee will not accrue vacation or sick time during the leave. An employee on administrative leave generally will retain the seniority he/she held prior to the commencement of the leave.
When an employee returns from leave, vacation and sick time will begin to accrue for the month in which the employee returns to work provided he/she returns on or before the fifteenth of that month. If an employee returns from a leave after the fifteenth of the month, then vacation and sick time will start to accrue at the beginning of the following month.
An employee on unpaid leave will be responsible for pre-paying the entire premium (the employee and employer portions) for the health insurance benefits he/she may wish to continue. Prior arrangements must be made by the employee with the Human Resource Office to ensure proper health insurance coverage during the leave. Employees will not accrue retirement credit while on administrative leave without pay.
Return from Administrative Leave
For employee-requested administrative leaves, the employee must give at least two (2) weeks notice of his/her intention to return to work. If an employee fails to return to work or notify his/her supervisor in writing of his/her intentions within two (2) business days after the date the employee-requested leave expires or the employer-initiated leave is discontinued, he/she will be considered absent without official leave and subject to termination. As soon as possible after the employee advises that he/she is ready to return to work or the University determines that the employee may return, the employee’s department must forward a completed EAF (Employment Action Form) to the Human Resources office, along with any required documentation. The EAF must indicate the employee's return date. Please be reminded that a failure to process the employee’s return from leave can result in the employee not receiving a paycheck. Unless specified otherwise in writing, the employment of all University employees is “at will,” which means employment may be terminated at the option of the employee or the University, at any time, for any reason, with or without cause. In this regard, an administrative leave carries no promise of reinstatement or future employment and the University specifically reserves the right to terminate the employee while he/she is on leave or upon the employee’s return from leave for any reason, including situations where the position the employee occupied prior to commencing his/her leave is not available upon his/her return from leave. In addition, as noted, an employee may be separated for any reason, including, but not limited to, if during the administrative leave, he/she accepts other employment without prior approval of the University, or files for unemployment compensation, or if, upon return from leave, he/she refuses a job reassignment from the University.
Family and Medical Leave: As defined by federal law, it is leave granted to eligible employees because of childbirth or placement of a child through adoption or foster care; due to the serious health condition of a child, spouse or parent; or, in the case of an employee's own serious health condition.
Military Family Leave Protection: As defined by federal law, it is leave granted to eligible employees because of a spouse, son, daughter and/or parent of the employee is on or has been called to active duty in the Armed Forces in support of a “contingency operation” or who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.
Serious Health Condition: is defined by federal law as an illness, injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice or residential medical care facility; or continuing treatment by a health care provider for an illness lasting more than three calendar days.
Serious Injury or Illness: is defined as injury or illness incurred by the member (Armed Forces, National Guard, or Reserves) in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.
Active Duty: is defined as duty under a call or order to active duty under a provision of law in the active military service of the
Contingency Operation: means a military operation designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against opposing military force or results in the call or order to, or retention on, active duty of members of the uniformed services of this title, or any other provision of law during a war or during a national emergency declared by the President or Congress.
Covered Service Member: means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
Next of Kin: is used with respect to an individual, means the nearest blood relative of that individual.
Outpatient Status: is used with respect to a covered service member, means the status of a member of the Armed Forces assigned to the following:
A. a military medical treatment facility as an outpatient; or
B. a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
Personal Leave: is defined by state law as leave for vacations and personal business, for the first day of an employee's illness, or for an illness in the employee's immediate family.
Major Medical Leave: is defined by state law as leave for the illness or injury of an employee or member of the employee's immediate family, only after the employee has used one (1) day of personal leave for an absence due to illness, or leave without pay if the employee has no accrued personal leave. Faculty members employed on a nine-month basis may use major medical leave for the first day of absence due to illness. Major medical leave may be used, without prior use of additional personal leave, to cover regularly scheduled visits to a doctor's office or a hospital for the continuing treatment of a chronic disease, as certified in advance by a physician.
Unpaid Leave of Absence: is a period of leave during which an employee receives no compensation from the University. An unpaid leave of absence may not be extended beyond six (6) months.
All regular full-time (50% time or greater) employees of
At the time accrued paid leave is exhausted and an unpaid leave of absence begins, the employee must make arrangements with the Human Resources Department for continuation of benefits coverage, including health, life, dental and other applicable insurances. Service time in the Public Employees' Retirement System of Mississippi or the Optional Retirement Plan is not earned for any period of unpaid leave of absence. Also, personal and major medical leave days are not earned during the unpaid portion of a leave of absence.
An employee who fails to return to University employment at the end of an approved leave of absence will be liable to reimburse the University for Health Insurance Plan insurance premiums paid for the employee during the unpaid leave of absence, unless the failure to return is due to the continuation, recurrence, or onset of a serious health condition, or something beyond the employee's control. Medical certification is required to document reasons for failure to return to University employment following an approved leave of absence.
The employee requesting family and medical leave or service member family leave must provide his/her department head with a certificate from a physician of a serious health condition for the employee's own health or that of a family member or of the next of kin of an individual in the case of leave taken for a service member. Certification must include:
1. the date on which the serious health condition began;
2. the probable duration of the condition;
3. appropriate medical facts regarding the condition;
4. if appropriate, a statement that the employee is needed to care for a spouse, parent or child (along with an estimate of time required); or, that the employee is unable to perform his or her job duties; and,
5. in the case of intermittent leave, the dates and duration of the treatments to be given.
The employee requesting military family leave protection must provide a certification issued by the Secretary of Defense the notification or impending call or order to active duty in support of a contingency operation. The employee must provide such notice to the employer in a foreseeable, reasonable and practicable manner.
If a department head questions the validity of the certification provided, he/she may require, at the department's expense, the employee obtain the opinion of a second health care provider designated or approved by the department head. The selected health care provider cannot be an employee of the University. In the case of childbirth or placement of a child through adoption or foster care, certification must include:
In order to minimize disruptions to the work environment, employees are encouraged to provide their department heads with as much advance notice as possible when there is a need for family and medical leave. After a period of leave due to their own serious health condition, employees must present medical certification to indicate their ability to return to work. Upon return to work, employees contact the Human Resources Department about reinstatement of benefits.
Delta State University closes its offices and functions for regular business and activities in observance of holidays and at other times approved and announced by the President.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
PROCEDURES and RESPONSIBILITIES
Delta State University closes its offices in observance of the following “official” holidays:
The President has also declared the following “special holidays” for all eligible employees:
“Special Holidays” are subject to change at the discretion of the President of the University. When a stated holiday falls on a Saturday, the University will observe the preceding Friday as the Holiday and when the holiday falls on Sunday, the following Monday will be observed.
All regular employees (except temporary employees, student employees, and retirees hired on an emergency basis) receive their regular pay for scheduled holidays. Employees must be present for work or in an approved paid leave status on the last regularly scheduled day of work before the holiday and the first scheduled work day after the holiday to be eligible for holiday pay. In order for eligible employees to be paid for the Winter Holidays (Christmas), they must return to work for a minimum of five (5) workdays following the holiday period. Holiday pay is a benefit of continuing employment for regular employees. Employees shall not be paid for the holidays when employees are in an unpaid leave status. Employees who have submitted a notice of resignation, other than employees who are retiring, shall not be eligible for holiday pay, unless the employees return to work after the holiday.
Employees may use up to three days of earned major medical leave per occurrence due to a death in the immediate family. If additional time is needed for that absence, major medical leave and/or personal leave policies and procedures apply as appropriate.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
Immediate Family: Immediate family is defined as spouse, parent, step-parent, sibling, child, step-child, grandchild, grandparents, son- or daughter- in-law, mother- or father-in-law or brother- or sister-in-law.
PROCEDURES and RESPONSIBILITIES
In the event of death in the immediate family as defined under personal leave, an employee may use up to three days of earned major medical leave in any calendar year when required to be absent from duty because of the death. Personal leave may be used for absences due to a death in the immediate family or for additional days needed after three days of major medical leave have been used during a calendar year.
Employees must notify the supervisor immediately of the reason for absence and must keep the supervisor informed of the situation.
DSU employees are entitled to a leave of absence without pay in accordance with the established procedures.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
PROCEDURES and RESPONSIBILITIES
A leave of absence without pay may be granted to regular employees for a period of up to six (6) calendar months at the discretion of the employees' responsible Vice-President. Leave may be granted for, but not limited to, medical disability of employees or their family members (See Family and Medical Leave Policy), enrollment in educational course work relating to the employees' position, professional development beneficial to the employee and the University or family emergency. The responsible Vice-President must consider the individual circumstances, including the impact the leave of absence will have on the department, the specialization and/or critical nature of the position, and the practicality of replacing the employee for the period of the leave of absence. The leave will not be granted unless the employee intends to return to work at the University at the expiration of the leave of absence.
Service time in the Public Employees' Retirement System of Mississippi or the Optional Retirement Plan is not earned for any period of leave of absence without pay.
Also, personal and major medical leave days are not earned during the leave of absence; however, earned personal and major medical leave credits on record at the beginning of the leave of absence are not forfeited provided the employee returns to duty immediately following the leave of absence. Insurance coverage may be retained during the leave provided that prior arrangements are made through the Human Resources Department and that the total premiums for coverage are paid by the employee.
The following procedure is followed:
DSU employees earn and may utilize earned major medical leave in accordance with the established procedures.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
Immediate Family: The immediate family is defined as spouse, parent, step-parent, sibling, child, step-child, grandchild, grandparent, son- or daughter-in-law, mother- or father-in-law, or brother- or sister-in-law. Child means a biological, adopted or foster child, or a child for whom the employee stands or stood in loco parentis.
PROCEDURES and RESPONSIBILITIES
Major medical leave is earned by all regular full-time employees, except student employees and retirees hired on an emergency basis, after one month of continuous service, according to employment status and length of annual employment periods. Major medical leave may be used for the illness or injury of the employee or a member of the employee's immediate family.
It shall be the responsibility of the department or office head to maintain and certify major medical leave records and to administer the leave in accordance with policy. It is the responsibility of department or office heads to inform those working under them concerning policies on leave. An employee who has been terminated and later is re-employed by the institution will begin a new period of employment for leave purposes. The rules of major medical leave apply to all employees, except student workers.
Employees who work less than 40 hours per week shall accrue credit for leave on a pro-rata basis.
Employees, except nine-month faculty and student workers, are allowed credit for major medical leave computed on the basis of continuous service at the following monthly and annual rates:
|
Continuous Service |
Accrual Rate Monthly |
Accrual Rate Annually |
|
1 month to 3 years |
8 hours |
12 days |
|
37 months to 8 years |
7 hours |
10.5 days |
|
97 months to 15 years |
6 hours |
9 days |
|
Over 15 years |
5 hours |
7.5 days |
Faculty members employed on a nine-month contract shall accrue credit for major medical leave as follows:
|
Continuous Service |
Accrual Rate Monthly |
Accrual Rate Academic Year |
|
1 month to 3 years |
13.33 hours |
15 days |
|
37 months to 8 years |
14.20 hours |
16 days |
|
97 months to 15 years |
15.40 hours |
17 days |
|
Over 15 years |
16 hours |
18 days |
In accordance with the laws of the State of Mississippi, all employees who are members of the National Guard or any reserve component of the Armed Forces of the United States who are ordered to duty for training or exercises are entitled to military leave.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
PROCEDURES and RESPONSBILITIES
The first 15 days of military leave in any calendar year is with pay. Employees may be granted personal leave for the period in excess of 15 days by the department/unit head. If the employee does not wish to utilize accrued personal leave or if personal leave is exhausted, the employee must be granted leave without pay for the period of time in excess of 15 days. Approval for military leave must be secured in advance from the President. A copy should be filed with the Human Resources Department.
Employees requesting military leave must:
· Submit to the department head a letter requesting leave with attached copy of orders.
· Indicate on the request letter the dates of military leave (not to exceed 15 days per calendar year), the dates of personal leave or leave without pay.
· If the leave of absence without pay exceeds one month, employees should contact the Human Resources Department, regarding continuation of benefits during the approved leave of absence.
DSU employees earn and may utilize earned personal leave in accordance with the established procedures.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
Immediate Family: Immediate family is defined as spouse, parent, step-parent, sibling, child, step-child, grandchild, grandparents, son- or daughter-in-law, mother- or father-in-law or brother- or sister-in-law. Child means a biological, adopted or foster child, or a child for whom the employee stands or stood in loco parentis. (Personal leave under Family Medical Leave is for employee, employee's spouse/child, and parent only.)
Personal leave with pay is earned by all regular full-time employees, except nine-month faculty, students and retirees hired on an emergency basis, after one month of continuous service, according to employment status and length of annual employment periods. Personal leave may also be utilized during Family and Medical Leave which is granted to eligible employees because of childbirth or placement of a child through adoption or foster care; due to the serious health condition of a child, spouse, or parent; or, in the case of an employee's own serious health condition (See Family and Medical Leave Policy).
It shall be the responsibility of department heads/supervisors to maintain and certify personal leave records and to administer the leave in accordance with policy. It is the responsibility of department heads/supervisors to inform those working under them concerning policies on leave.
Personal leave may only be taken at times agreed upon by employees and their department/unit head and must be approved in advance, except when personal leave is requested for medical reasons.
The rules on personal leave apply to all employees, with the exception of nine-month faculty and student workers. Nine-month faculty members shall not be eligible for personal leave.
Temporary employees and employees who work less than 40 hours per week shall be allowed credit computed on a pro-rata basis.
|
Continuous Service |
Accrual Rate Monthly |
Accrual Rate Annually |
|
1 month to 3 years |
12 hours |
18 days |
|
37 months to 8 years |
14 hours |
21 days |
|
97 months to 15 years |
16 hours |
24 days |
|
Over 15 years |
18 hours |
27 days |
*Employees, who were hired prior to July 1, 1984, and who had continuous service of at least five (5) years but not more than eight (8) years, shall accrue fifteen (15) hours of personal leave each month or twenty-two and a half (22.5) days per year.
Board of Trustees Policies and Bylaws, Miss. Code Ann., Sec. 25-3-93 (Supp. 1989)
(1) A current curriculum vita;(2) A proposal that delineates the work that will be undertaken during the sabbatical. The proposal will include:(a) project objectives/goals;(b) rationale that links the sabbatical activity to the faculty
member's research interests or work of the university;(c) explanation of the benefit of the work to the department/division,college/school, and/or the university; and(d) description of the activities necessary to accomplish the project.
This policy describes the employment conditions that allow eligible Delta State University employees to receive or transfer leave at the end of employment.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, valuating, assigning work, and disciplining employees.
PROCEDURES and RESPONSIBILITIES
Eligible terminating employees are paid in a lump sum for the unused portion of their earned personal leave time, not to exceed 240 hours with the last salary or wage payment. Unused personal leave in excess of 240 hours will be counted as creditable service for those employees participating in the Public Employees' Retirement System. Unused personal leave in excess of 240 hours will be forfeited by those employees participating in the Optional Retirement Plan.
Should employees die prior to separation from the University, payment for the total amount of eligible accumulated personal leave (240 hours) at the time of death is made to the person designated by the employee for this purpose or, in the absence of such designation, to the beneficiary of the employee as recorded with the Public Employees' Retirement System or the Optional Retirement Plan, as appropriate. If employees present medical evidence that their health condition(s) are such that they can no longer work in a capacity with the University and must terminate employment, they may present a written resignation letter and be paid for earned major medical leave not to exceed 960 hours.
Transferring Credit for Leave Days
When employees transfer from one unit to another within the University, they retain their cumulative earned personal and major medical leave credits at the time of the transfer provided their employment is continuous. Also, new employees to the University from another state agency or institution in Mississippi may transfer leave credits to the University upon proper certification from the former employing State unit provided their employment is continuous. Employment is considered continuous in both situations provided not more than one month of unemployment is involved between the transfer from one unit to the other. When an employee transfers to another agency or institution within the State, Delta State University will, at the request of the employee, certify the unused personal and major medical leave as of the date of the transfer.
Delta State University may recognize the outstanding service of staff through the award of the Staff Emeritus status as set forth in this policy.
None
PROCEDURES and RESPONSIBILITIES
Criteria
A Staff Emeritus appointment is based upon meritorious performance at Delta State University, consistent with performance expected of a staff employee with a minimum of fifteen (15) years of total service to the University.
Procedure for Appointment
A staff employee becomes eligible for appointment to emeritus status once the date of their retirement has been formally established. Appointment to emeritus status is not automatic. An appointment to emeritus status can be initiated by:
1. Submission of an updated resume and/or written record of service by the head of the department from which the staff employee is retiring with approval from the reporting Vice President or
2. Submission of a formal request with an updated resume and/or written record of service by an active full-time, regular staff employee to the Chair of Staff Council.
All requests for appointment will be forwarded to the Staff Council Executive Committee for review. A favorable recommendation from the Staff Council Executive Committee will be based on a review of submitted materials and any additional documentation or evidence required by the members. The conclusions made by the members of the Staff Council Executive Committee will serve as recommendations to the President’s Cabinet. The President will make the final decision regarding appointment to Staff Emeritus status.
Benefits of Emeritus Status
Staff Emeritus recipients will receive all privileges provided to a retiree of Delta State University. In addition, the University is encouraged to include holders of the emeritus status in all appropriate activities and functions. Staff Emeritus recipients will be recognized at the end of each fiscal year.
It is the intent of this University to clarify the definitions of employment classifications so that employees understand their employment status and benefit eligibility. These classifications do not guarantee employment for any specified period of time. Accordingly, the right to terminate the employment relationship at will at any time is retained by both the employee and Delta State University.
The employment status of DSU employees is normally defined in one of the following categories:
· Regular Full-Time
· Regular Part-Time
· Temporary
Regular Full-Time: Employees who are regularly scheduled to work one-half time or more (50% time or greater) and whose positions are expected to be active for more than four and one-half months.
Regular Part-Time: Employees who are regularly scheduled for less than one-half time (49% time or less) and whose positions are expected to be active for more than four and one-half months.
Temporary: Employees who are regularly scheduled to work full-time or part-time and whose positions are expected to be active for a period up to, but less than, four and one-half months.
PROCEDURES and RESPONSIBILITIES
Employees may be hired on a seasonal basis or on an emergency basis to meet unexpected needs. These employees may be hired in any of the categories listed above.
Delta State University employees hold positions that are designated in the identified occupational categories.
Occupational Category: An occupational category is used by the University to classify workers for the purpose of collecting, calculating, or disseminating data. All workers are classified into one of eight categories according to their occupational definition. Each broad occupational category includes detailed occupation(s) requiring similar job duties, skills, education, or experience.
PROCEDURES and RESPONSIBILITIES
Job classification is the formal assignment of a classification title and salary grade to a job or a group of jobs that are so similar in duties and responsibilities that they justify common treatment in selection, compensation, and other employment processes. Positions at the University are classified according to designated occupational categories. The following are examples of occupational categories used at Delta State University.
Executive, Administrative, Managerial
Includes all employees whose assignments require primary and major responsibility for management of the University or a recognized department or subunit thereof.
Includes all employees whose assignments are made for the purpose of conducting instruction as a principal activity and who hold academic-rank titles of professor, associate professor, assistant professor, instructor, lecturer, or the equivalent of any one of these ranks.
Includes all employees whose assignments require relatively long and specialized preparation at the higher education level or experience of such kind and amount as to provide comparable background.
Includes all employees whose assignments are associated with clerical activities or are specifically of a secretarial nature.
Includes all employees whose assignments require specialized knowledge or skills that may be acquired through experience or academic work such as that offered at vocational, technical, or other post-secondary schools.
Includes all employees whose assignments require special manual skills and a thorough and comprehensive knowledge of the processes involved in the work. Preparation for these positions is normally acquired through on-the-job training and experience.
Includes all employees whose assignments require limited degrees of previously acquired skills and knowledge and in which workers perform duties which result in, or contribute to, the comfort, convenience, and hygiene of personnel, or which contribute to the upkeep and care of buildings, facilities, or grounds.
Student (Undergraduate/Graduate)
Includes all employees whose work assignments are secondary to their pursuit of academic goals or objectives and who are enrolled as either undergraduate or graduate students.
The process of awarding promotion signifies excellence in the various roles of the professoriate that are central to the role and mission of the university. In recognition of their accomplishments, the base salary of each person will be adjusted to reflect the following:
Promotion to the rank of Professor................................. base salary increase of $6,000
Promotion to the rank of Associate Professor................... base salary increase of $4,000
| Degree Program/Certification | Award Amount |
| GED | $250.00 |
|
Professional Certification |
$250.00 |
| Associate Degree | $500.00 |
| Bachelor Degree | $750.00 |
| Masters Degree | $1,500.00 |
| Doctoral Degree | Varies/Negotiable |
None
One—That all future merit-based salary increases for faculty be determined apart from and in addition to increases based on promotion, equity, or market considerations.
Two—That faculty performance, upon which any merit-based salary increase is based, encompass the entire period since the most recent previous merit-based salary increase for faculty.
Three—That all salary increases based on merit be defined by a benchmark level of performance and a corresponding benchmark level of salary increase.
Four—That benchmark be defined as the level of performance that reflects sustainedsatisfactory achievement in the rigorous professional criteria required for promotion andtenure; that evaluation of such achievement, unless otherwise specified as a condition of a faculty member’s appointment, be guided by the following general formulas:
A. for full-time tenure track faculty members who hold the rank of Assistant Professor or above
| Teaching | 60 percent |
| Scholarship | 20 percent |
| Service | 20 percent |
B. for full-time instructors and non-tenure track faculty
| Teaching | 40 - 80 percent |
| Scholarship | 0 - 20 percent |
| Service | 20 - 40 percent |
(Specific percentages shall be determined on an ad hoc basis by department chairs. Together these percentages must equal 100 percent.)
C. for chairs
| Teaching | 40 percent |
| Scholarship | 10 percent |
| Service | 10 percent |
| Leadership and Administration | 40 percent |
(Specific percentages shall be determined on an ad hoc basis by deans. Together these percentages must equal 100 percent.)
Five—That all ratings of meritorious performance be based on the following: (1) A Meritorious Achievement Document (hereinafter designated as the Document) prepared by each faculty member; (2) Other pertinent information available to the chair and dean such as annual evaluations in the areas of teaching, scholarship, and service. The Document should be guided by ongoing consultation (beginning at the time of the most recent previous merit-based salary increase or, for faculty appointed since that time, at the time of appointment) between the faculty member and appropriate chair regarding performance expectations and progress. The Document shall be regarded as the individual faculty member’s assessment of the value of his or her own actual meritorious accomplishments (listed in descending order of meritorious value according to the faculty member’s own judgment) in each of the categories: teaching, scholarship, and service (and leadership and administration in the case of chairs). The Document should be limited to no more than five pages in length. Any faculty member who fails to produce a Document in accordance with the deadlines will become ineligible for a merit pay increase.
Six—That administrative rating of individual faculty performance, based on evaluation of each Document and other pertinent information, proceed as follows:
After thoroughly reviewing all Documents and pertinent information in the appropriate department or division, chairs shall rate each faculty member in that department according to the following scale:
| Above benchmark: |
2.0 |
| Benchmark: |
1.0 |
| Below benchmark: |
.5 |
Benchmark shall be set at a specific percentage of current (at the time of rating) salary, and levels in the scale shall increase or decrease by equal incremental dollar amounts.
When merited in extraordinary cases, salary increases for faculty with Document ratings of 2.0 may be supplemented.
Chairs’ ratings of faculty members in their respective departments and divisions shall be forwarded to the appropriate dean.
If the dean does not concur with the rating of the chair, then the dean shall meet with the chair and they shall reach a consensus and assign a rating. If the two cannot agree, the responsibility for a rating shall default to the provost.
Chairs shall then meet individually with faculty members to inform them of their specific rating. After individual consultation with the chair, faculty members shall be asked by the chair to sign the Merit Pay Rating Form (Appendix A) indicating that they have been informed of their rating. All signed faculty merit rating forms are to be submitted to the dean. All documents shall be forwarded by the dean to the Vice President for Academic Affairs. Faculty members shall have fifteen days to submit a written appeal to the chair of the Merit Pay Appeals Committee should they decide to contest their rating. Documents of faculty members who choose to contest their rating shall be referred by the faculty member to the Merit Pay Appeals Committee.
The Merit Pay Appeals Committee shall gather the necessary documentation to review the appeal and shall either sustain or raise the rating of the faculty member. The judgment of the Merit Pay Appeals Committee shall be forwarded to the President whose decision shall be final.
The President, in consultation with the Vice President for Academic Affairs and the Vice President for Finance, shall establish the specific level of the benchmark raise, along with the dollar amounts to be applied to the scale for ratings above and below benchmark.
Seven—That Documents and other pertinent information of chairs shall be rated by the appropriate dean in consultation with the Vice President for Academic Affairs, applying the scale from Section Six, above. At that time, chairs shall be asked by the dean to sign the Merit Pay Rating Form (Appendix B) indicating that they have been informed of their rating. Chairs shall have fifteen days to submit a written appeal to the Merit Pay Appeals Committee should they decide to contest their rating. Documents of chairs who choose to contest their rating shall be referred to the Merit Pay Appeals Committee.
The Merit Pay Appeals Committee shall gather the necessary documentation to review the appeal and shall either sustain or raise the rating of the chair. The judgment of the Merit Pay Appeals Committee shall be forwarded to the President whose decision shall be final.
Eight—That the benchmark raise always be set as high as possible without depriving those rated above benchmark of reasonable reward for extraordinary achievement.
Nine—That the Merit Pay Appeals Committee shall include three faculty members from the College of Arts and Sciences, three faculty members from the College of Business, three faculty members from the College of Education, one faculty member from the School of Nursing, and one faculty member from Library Services. No two members shall be from the same department/division. Members shall be elected by the faculty in the college or school they represent and shall serve staggered three-year terms. The Committee Chair shall be elected by the Committee. Six committee members must agree to resolve an appeal.
The Faculty Senate shall conduct the Merit Pay Appeals Committee elections, and appoint a convener who shall convene a meeting by December 1 of each academic year and at that meeting a chair shall be elected. The Merit Pay Appeals Committee shall conduct their business according to Robert’s Rules of Order.
Ten—That deadlines for the merit pay process for the academic year shall be no later than:
Elections for the Merit Pay Appeals Committee shall be completed by the Faculty Senate by October 1;
The Merit Pay Appeals Committee shall elect its chair by December 1;
The Vice President for Academic Affairs shall notify faculty by February 1 that Documents are due to the chair by March 1;
All Documents shall be submitted to the appropriate chair or Dean by March 1;
Faculty and Chairs shall be informed of their ratings by March 15;
All signed faculty merit rating forms are to be submitted to dean by March 16;
Deans submit rating documents to Provost by March 22;
Faculty members shall file an appeal by March 30;
Provost submits rating documents to Human Resources by April 1;
Final ratings by the Merit Pay Appeals Committee shall be reported to the President by April 15. The final decision by the President shall be reported by the President to the faculty member by May 1.
The Responsible Office and/or the Policy Owner: Office of Academic Affairs
Active
Policy Effective Date: March 5, 2007
Deans, February 9, 2009
02-24-2009 (Revised, Academic Council)
04-28-2009 (Revised, Academic Council)
Non-exempt (those eligible for overtime) and Exempt (those not eligible for overtime) status is designated on all job descriptions. Non-exempt employees are those in clerical/secretarial, technical/paraprofessional, skilled craft, and service/maintenance job classes. To comply with the Fair Labor Standards Act, University employees, including temporary, intermittent and student employees, who hold non-exempt positions must be granted overtime pay at a rate of not less than one and one-half (1.5) times their regular hourly rate of pay or compensatory time off at a rate of not less than one and one-half (1.5) hours for each hour of overtime worked in excess of 40 hours in a workweek.
Employees exempt from the FLSA are not paid overtime. Exempt employees within the University are expected to work the hours required to do their job in an effective and efficient manner.
Under the FLSA, overtime is defined as time worked by a non-exempt employee that exceeds 40 hours in a workweek -- a workweek being defined as 7 consecutive days (168 hours). The standard workweek at
Overtime provisions also apply to those employees who may work in more than one department. Under the provisions of the FLSA, nonexempt employees must be paid overtime for hours worked over 40 in a workweek. It is the responsibility of the department in which the overtime work is performed to pay the overtime rate. Nonexempt employees who occupy more than one position within the University qualify for overtime pay unless the work is occasional or sporadic, solely at the employee’s option, and is in a different capacity from which the employee is regularly employed.
Human Resources is responsible for collecting data and determining which positions are non-exempt and subject to overtime pay and which positions are executive, administrative, managerial, or professional and, therefore, are exempt from overtime pay. Human Resources is responsible for sharing this information with the department/unit heads and advising them on overtime pay matters. The department/unit head is responsible for communicating to employees at the time of employment the following:
1. whether their positions are non-exempt and eligible for overtime pay when hours worked exceed 40 per week;
2. the overtime policy and procedures;
3. how overtime hours are handled in the unit (indicate in writing in the offer letter whether paid as overtime or accrued as compensatory time); the projected extent of overtime work and the time of year it will most likely occur; and,
4. the degree to which work schedules may be modified.
Flexible Work Schedule
Flexible work schedules allow employees to vary their arrival and/or departure times and must be a matter of agreement between the supervisor and the employee. For example, employees may work 10 hours on Monday through Wednesday; 5 hours Thursday; and 5 hours, Friday. If, however, at any time the hours worked exceed 40 during a workweek, the department/unit head must ensure that employees are paid overtime pay or given compensatory time off in lieu of overtime pay.
Overtime Pay
Overtime pay is based on time actually worked and is calculated at the rate of one and one-half times the employee’s regular hourly rate for each hour worked beyond 40 hours during each workweek from 12:01 a.m. on Sunday to 12:00 midnight on the following Saturday. In determining total overtime hours worked, hours of leave time with pay (personal and major medical leave), compensatory time off and hours taken on approved University paid holidays during the workweek are not counted as time worked in computing overtime pay. For example, employees who work 10 hours each day for three days, and take one eight-hour holiday, and take personal leave of eight hours one day during a workweek actually work 30 hours, not 46. Employees, therefore, have not worked 6 hours overtime. Employees do, however, receive their regular hourly rate of pay for all 46 hours in that workweek. Also, employees who are paid a shift differential will have that shift differential included in the calculation of their regular rate of pay.
Record of Hours Worked
For all employees who occupy non-exempt positions on a full-or part-time basis, including temporary, intermittent and student employees, a record must be maintained in the administrative unit of total hours worked by use of the official University Monthly Time Report. It is essential that the time report accurately reflect time worked on an hour for hour basis. Requiring employees to work extra time in excess of their normally scheduled work hours and not recording the extra time on the time report exactly as the time is worked is unlawful under the overtime provisions of the Fair Labor Standards Act.
Each department/unit head is responsible for approving all overtime work before it is performed and for adhering to the procedures relative to overtime pay or compensatory time off in lieu of overtime pay. Allowing employees to work overtime is treated the same as approving the overtime to be worked under the FLSA.
The Monthly Time Report must be signed by the employee and approved by the supervisor and/or department/unit head. The department/unit head is also responsible for maintaining the employee’s Monthly Time Report within the unit, for keeping them current and on file in the administrative unit for at least three (3) years, and for making them available at all times for audit by the Human Resource Department.
Compensatory Time Off
The Fair Labor Standards Act provides an element of flexibility for state and local government employers regarding compensation for statutory overtime hours. The law authorizes a public agency to provide compensatory time (comp time) off in lieu of monetary compensation, at a rate of not less than one and one-half (1.5) hours of compensatory time for each hour of overtime worked in excess of 40 in a workweek. Whether to grant overtime pay or compensatory time off is at the discretion of the department/unit head with consideration given to budgetary resources.
The department/unit head is responsible for the administration of compensatory time off in lieu of overtime. An agreement or understanding between employees and the department/unit head must be arrived at prior to the employees' actually performing the work, as to the method to be used in compensating overtime. This agreement must be made in the letter of offer.
Employees who have accrued compensatory time must be granted compensatory time off rather than personal leave when leave is requested. However, if employees are absent from work more than one day due to illness, the employees may choose to use either major medical leave or compensatory time off.
Compensatory time off is calculated at the rate of one and one-half times the hours worked in excess of 40 hours during a workweek. Compensatory time off may accrue to a maximum of 240 hours. Once employees have accrued 240 hours of compensatory time, they must be paid for time worked over 40 hours per week that is in excess of the 240 hour maximum.
The use of accrued compensatory time must be granted to employees upon request unless the granting of such time would unduly disrupt the effective functioning of the unit. Mere inconvenience is an insufficient basis for denial of a request to use accrued compensatory time.
At the time of transfer to another unit, the transferring employee must be paid for all accrued compensatory time by the unit in which it was earned. Such payment must be made at the regular hourly rate of pay received by the employee at the time of transfer.
It is permissible for the department/unit head to pay out accumulated compensatory time by paying the employee for each hour accrued to reduce their accrued compensatory time balance. Such payment must be made at the regular hourly rate of pay received by the employee at the time of payment.
It is permissible for the department/unit head to schedule time off for each hour accrued to reduce the employees accrued compensatory time balance.
Upon separation from the University, employees must be paid for all accrued compensatory time at a rate of compensation not less than:
1. The average regular rate received by such employee during the last three (3) years of the employee’s employment, or
2. The final regular rate received by such employee, whichever is higher.
Where an employee’s last three (3) years of employment are not continuous because of a break in service, the period of employment after the break in service will be treated as new employment. Where the final period of employment is less than three (3) years, the average rate still must be calculated based on the rate(s) in effect during such period.
Record of Compensatory Time Earned/Taken
The department/unit head is responsible for maintaining records of compensatory time earned and taken by or paid to employees within the unit, for keeping them current and on file in the administrative unit for at least three (3) years, and for making them available at all times for audit by the Human Resource Department. The official University form for recording compensatory time earned and taken is the Compensatory Time Record form.
The University's Wage and Salary Administration Plan is designed to attract, motivate, and retain employees. It is our further intent to allocate funds for wages and salaries in a fair and equitable manner based on evaluations of work responsibility.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
PROCEDURES and RESPONSIBILITIES
In accordance with specific factors, positions have been classified into salary grades and salary ranges for each grade. We have a pay schedule for all grades, and these grades are periodically revised in order to remain competitive with the pay practices of local employers and comparable benchmark universities. Actual adjustment amounts will be based on availability of funds. DSU will pay employees within the range of salaries of their job's salary grade. These policies are available in the Salary Administration Policies and Procedures Manual available in the Human Resources Office and offices of all managers and supervisors.
Each salary grade of the classification system is structured to provide a minimum rate and a maximum rate of pay. New employees generally are to be hired at the minimum of their job grade. Recommendations for beginning salaries above the minimum of the job grade must be reviewed and approved by the Director of Human Resources before such offers are made to the applicants. The maximum rate in a grade is the highest rate that shall be paid to an employee in that grade.
Annual increases in salaries and wages when available and approved by the Board of Trustees are effective July 1. Increases may be granted to all non-student employees who have completed the initial six months appraisal period and who are not on an extended appraisal, provided the performance evaluation indicates satisfactory job performance. If wage and salary scale adjustments are made effective July 1, employees in their probationary period will receive those scale adjustments.
Promotions, Demotions and Transfers
A promotion occurs when an employee is moved to a job in a higher salary grade. Employees going from one grade level to the next should receive an adjustment of a minimum of five percent (5%) per grade increase in pay or receive the entry-level wage for the new position, whichever is greater, but not greater than the maximum rate of pay for the new grade.
A demotion occurs when an individual is moved to a job evaluated at a lower salary grade. Demotions may be due to poor performance, necessity of organization change, or developmental assignment. If an employee is put into a lower skill job due to poor performance in the higher level job, he or she will be paid at either the current pay level or, prior wage rate reduced five percent (5%) per grade, or at the maximum of the lower grade, whichever is less. If an employee is put into a lower level job due to a reduction in force or a developmental assignment, the employee should be kept at his or her current salary.
A transfer occurs when an individual is moved to a job in the same salary grade as the one vacated. In the case of a transfer, no salary adjustments shall be made.
All classified jobs are evaluated according to a formal, standardized plan. The Job Evaluation Committee with the assistance of the Director of Human Resources will periodically review all evaluations to ensure they accurately reflect each job's current duties and responsibilities.
A job reclassification occurs when a job is moved to a different grade because the accountabilities have changed. Supervisory requests concerning job reclassification will be considered once a year; new positions will be evaluated on a need basis. If upon evaluation of the job, it is determined that the job is still within the same salary grade, no salary adjustment will be made. Reclassification of a job to a higher salary grade may be considered as a promotion for an employee and increase may be granted according to the guidelines discussed above. In the instance where an employee's job is reclassified at a lower salary range, the salary will not be reduced; however, future increases and opportunity will be limited by the range resulting from the reclassification. Employees have the right to request a review of the evaluation of their job.
Beginning Pay – Initial Employment of Staff Employees
Upon initial employment, support staff employees shall be paid the pay level minimum of the position for which they are employed if only the minimum qualifications specified in the job description are met. Newly employed support staff employees with related and relevant experience surpassing the minimum qualifications shall be paid above the entry-level rate based upon the amount and quality of previous experience. Two and one half (2.5) percent will be added to the pay level minimum for each year of related and relevant experience up to a maximum of five (5) years or not to exceed ninety-three (93) percent of the midpoint of the pay grade level. Prior to making a formal job offer to an applicant, the employing department shall contact the Human Resources Department for assistance in verifying beginning pay rates. Exceptions to this policy must be submitted through the chain of command to the appropriate Vice President and approved by the Director of Human Resources.
RELATED DOCUMENTS
None
Below Expectations (1)
Performance or work-related behavior compared to standards (or requirements) is less than that expected of a proven, competent employee. Performance or behavior is distinctly limited due to lack of interest, inadequate motivation, or insufficient knowledge of the job. Performance is below that expected of someone in his or her grade level. Work falls short of acceptable level for time in job and requirements of job. Job performance or behavior is inconsistent or inadequate. Can usually be expected to perform his or her duties, although effectiveness is below standards. Improvement is needed.
Meets Expectations (2)
Performance or work-related behavior relative to standards (or requirements) is of the quality that is expected of a competent employee. Meets the expectations or standards of the job. Performance or behavior is adequate. Usually demonstrates a willingness and ability to meet an acceptable level of performance or behavior. Does that which is expected. Although work is satisfactory, there is room for improvement. Improvement would enhance the academic/administrative department’s effectiveness.
Exceeds Expectations (3)
Performance or work-related behavior exceeds standards (or requirements) and is noticeably better than average performance. Demonstrates a desire to exceed an acceptable level of performance. Does more than expected. Performance or behavior is of a high quality. Commendable performance or behavior. Displays a level of performance or behavior which enhances the effectiveness of the academic/administrative department.
Outstanding (4)
Performance or work-related behavior relative to standards (or requirements) is of a quality that is achieved only by the most exceptional employee. Performance or behavior far exceeds requirements. Thorough knowledge of the position. Performance or behavior is easily recognizable as being far superior to other employees. Consistently demonstrates exceptional desire and ability to excel. Sets an example for others to follow. Does far more than what is expected. This individual is among the very few worthy of special notice. Extraordinary level of performance or behavior that is seldom found.
POLICY STATEMENT
Delta State University is an at will employer and as such reserves the right to terminate employment from any position at any time and for any reason. It is the policy of Delta State University to assist employees in improving job performance or correcting improper conduct to avoid termination when possible.
DEFINITIONS
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
PROCEDURES and RESPONSIBILITIES
Delta State University is committed to maintaining an environment conducive to the conduct of business and one in which the rights of others are respected. The University expects of its employees behavior consistent with the expectations of an institution of higher education. Part of the intent of this section is to identify typical offenses or behavior patterns for which disciplinary actions are taken. This is necessary in order to provide consistent treatment of all employees and so that the rights of some employees will not be violated by other employees.
Employees are expected to abide by departmental, University and Board of Trustees policies and procedures. It is the responsibility of the supervisor/department head to establish and communicate policies to employees, to administer policies fairly, and to investigate employee violations of policy when necessary before disciplinary action is taken. Disciplinary action will bear a reasonable relationship to the violation and will usually, but not always, be progressive.
The University reserves the right, at its sole discretion, to utilize forms of discipline less severe than termination in differing circumstances in order to correct employees' performance problems or unacceptable behavior. Although one or more of the following procedures may be taken, no formal order or system is necessary, and the University may terminate employment at any time.
If any employee is performing unsatisfactorily or exhibiting improper conduct, the supervisor will work with the employee in an attempt to improve conduct or performance. If disciplinary measures are imposed, it is essential that:
If corrective action is necessary, the progressive disciplinary steps outlined below will normally be followed. The nature or severity of the offense will determine the first step.
Step I. Documented Oral Warning. Once an employee performance/conduct problem has been identified, and where informal actions such as counseling, training, and assistance have not brought about acceptable performance/conduct, then a formal discussion should take place. The employee will be informed of his/her deficiencies and acceptable performance/conduct will be discussed. The discussion will be documented and the employee will be given a copy. A documented oral warning should normally be given in private by the supervisor to an employee as a first step in correcting minor deficiencies. (Some first offenses of a more serious nature may require stronger action.)
Step II. Formal Warning. Formal warnings are to be used for recurring or more serious deficiencies or where there is future possibility of more severe action including termination or after an oral warning notice has been unsuccessful. Formal warnings are to be written to the employee and must indicate the date and specific nature of the deficiency and that more severe action may result if the employee does not correct the deficiency. The employee must be provided a copy of the warning and a copy sent to the Director of Human Resources.
Step III. Suspension. If the employee's misconduct or poor work performance continues, the next progressive disciplinary step is a suspension without pay. The suspension will be for three (3) working days and is the final disciplinary step prior to discharge. This action is taken where previous progressive disciplinary steps have not corrected the deficiency or where the offense is of such serious nature that it may warrant discharge, pending review of the facts. Very serious offenses may be cause for immediate suspension without the steps outlined above. Notices of suspension are placed in the employee's personnel file. The supervisor and/or department head must have written approval from his/her reporting Vice-President before initiating a suspension. The employee must be provided a copy of the suspension warning and a copy sent to the Director of Human Resources.
Step IV. Dismissal. Termination of the employee is a last resort after all other progressive disciplinary measures have failed or if the misconduct is of such a serious nature that immediate discharge is warranted. Recommendation for dismissal should be reasonably related to the seriousness of the employee's performance/conduct in view of length of service and prior record. Human Resources will review the case to verify that there is just cause for termination of employment and that the employee has been afforded due process. After consultation with the Director of Human Resources, recommendations for dismissal of employees are initiated by the supervisor and/or department head and approved by the reporting Vice-President and Human Resources before any action can be taken. Employees are to be advised in writing by their supervisor and/or department head, stating the reasons for recommending dismissal, effective date of action, notice of the employee's right to appeal, and the procedure and deadline for filing an appeal. A copy of the recommendation is to be sent to the Director of Human Resources.
The University recognizes that dismissal for any reason is a serious matter. All decisions regarding dismissal are made by the reporting Vice President and Human Resources, after consultation with the immediate supervisor and discussion with the affected employee. In cases of termination of any employee because of lack of funds or reorganization, the employee is to be notified at least four weeks in advance if circumstances and advance knowledge permit.
Before a non-probationary regular full-time classified employee may be terminated for cause, the immediate supervisor must notify the employee with a written notice of intent to terminate, in which the reasons for the intent are cited. The immediate supervisor must present the intent to terminate in person, if at all possible; if not, by certified or registered mail at the employee's last known residence. The immediate supervisor shall simultaneously inform the employee of the right to a hearing as outlined below. Moreover, the supervisor has the option in any such instance to suspend with pay any employee who requests a hearing.
Hearing
A classified employee entitled to a hearing by virtue of a notice of intent to terminate shall have two working days from the date of receipt of the notice of intent to request a hearing before a Personnel Advisory Committee. The President will appoint a panel of five members outside of the employee's work division. One of the panel members will be appointed as Chair by the President.
A different committee shall be appointed for each hearing. If the employee does not request a hearing, the employee's salary ceases at the end of the second working day following the receipt of the notice of intent to terminate. If the employee requests a hearing, the hearing shall occur within five working days of the receipt of the request for a hearing.
The committee will not be bound by strict rules of evidence, but may admit any evidence that is of probative value in determining the issues involved. The staff member will be permitted an adviser of his own choice, at his own expense, and will be afforded an opportunity to present witnesses and documentary evidence bearing on the issue involved.
Hearings will be private. Public statements are to be avoided by all parties concerned, so that the atmosphere conducive to a fair and impartial hearing may be maintained. Based upon the evidence presented, the committee will then make such recommendation to the President as it deems appropriate. If the President affirms the dismissal, then termination becomes final as of the fifth working day of the receipt of the request for a hearing.
POLICY STATEMENT
In compliance with the Drug-Free Schools and Communities Act Amendments of 1989, Delta State University is committed to maintaining a drug-free environment.
DEFINITIONS
Student: includes all persons enrolled at the University whether full-time or part-time.
Employee: includes all faculty and staff employed whether full-time or part-time.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
Illicit drugs: are defined in Section 202 of the Controlled Substance Act; and the Mississippi Uniform Controlled Substance Law, Mississippi Code Supplement (1989).
Alcoholic beverages: are defined in Sections 41-29-139, 142, 67-1-5, and97-29-7 of the Mississippi Code Annotated.
POLICIES and RESPONSIBILITIES
Standards of Conduct
The unlawful possession, use or distribution of illicit drugs and alcohol by its students and employees on university premises is strictly prohibited and in violation of University policy. It shall be the personal responsibility of each student, faculty and staff employee to adhere to this policy as stated. Failure to do so will result in sanctions as stipulated in this policy.
Legal Sanctions
As specified in Section, 37-105-9, 41-29-139, 41-29-142, and 97-29-47 of the Mississippi Code Annotated legal sanctions are applied to the following actions: possession of alcohol on University property; public drunk on University property; utilization of false ID to obtain alcohol; driving under the influence of alcohol; possession of illicit drugs; sale of illicit drugs; sale of illicit drugs near schools; possession of paraphernalia; and sale of paraphernalia. Sanctions range from fines of $25 to $1 million and jail sentences of 30 days in the county jail to 30 years in the state penitentiary.
Sanctions
Sanctions may be imposed upon employees and/or students who violate the University's alcohol and drug abuse policy as follows:
Employees
Suspension pending further investigation (with pay); satisfactory participation in a drug or alcohol abuse assistance or rehabilitation program; issuance of a formal warning; or termination. For termination, the applicable termination procedure from the Faculty and Staff Handbook will apply, based upon the status of the employee.
Students
Probation for a minimum of six months up to the remainder of their tenure, and/or a fine of up to $100 and/or work of 10 hours up to 50 hours, and/or specified number of hours of counseling in the Counseling Center; and/or suspension for a specified period of time or with sentence suspended, expulsion from the University or one of its residential units, or any combination of the above listed sanctions or other forms of creative sanctions which might be imposed. Further disciplinary procedures can be found in the Delta State University Student Handbook, a copy of which can be obtained in the Office of the Vice President for Student Affairs.
Health Risks
Delta State University recognizes that illicit drug use and alcohol abuse are both wrong and harmful. Medical research reveals that such behavior is a causative factor in heart, liver, and gastrointestinal diseases as well as in various cancers and brain damage. The abuse of alcohol and other drugs is not only destructive to the physical health, but it also erodes the self-discipline and motivation necessary for learning. Pervasive drug use and alcohol abuse create an environment that is destructive to learning and working. Closely tied to being truant and dropping out of school, they are associated with crime and misconduct that disrupt the maintenance of an orderly and safe university atmosphere conducive to learning and working.
Counseling Programs
The University makes available to all its students and employees the services of the Counseling Center (O.W. Reily Health Center, 846-4690). In addition to offering direct services to students and employees experiencing problems with alcohol or substance abuse, the Counseling Center provides referral services to several centers for alcohol and drug treatment and rehabilitation in the area.
In addition, substance abuse programs are offered in the residence hall by the Counseling Center, the Student Task Force Against Alcohol and Drug Abuse, the Delta Community Mental Health Center, DSU Police Department, and the City Police Department.
RELATED DOCUMENTS
Faculty Staff Handbook
It is the policy of Delta State University that all employees, students, customers, contractors, and visitors to our campus enjoy a positive, respectful and productive work environment free from behavior, actions or language constituting workplace harassment.
Harassment: Delta State University follows the Equal Employment Opportunity Commission’s definition of harassment as its guideline for defining harassment.
Harassment based upon race, color, religion, sex, national origin, age, or disability is a form of discrimination and is prohibited by federal laws. Harassment based on sexual orientation or group affiliation is prohibited by DSU policy. The University, in its efforts to foster an environment of respect for the dignity and worth of all members of the university community, is committed to maintaining a work-learning environment free of harassment. Supervisors have a responsibility to ensure compliance with all applicable laws and regulations and to create a safe and pleasant workplace environment for their employees. Therefore, supervisors must be familiar with anti harassment laws and regulations and possible consequences of violations.
Hostile Environment: A hostile environment is determined by looking at all of the circumstances including:
Quid Pro Quo: Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature by one in a position of power or influence constitutes “quid pro quo sexual harassment” when:
As defined, “quid pro quo” normally arises in the context of an authority relationship. This relationship may be direct as in the case of a supervisor and subordinate or teacher and student or it may be indirect when the harasser has the power to influence others who have authority over the victim. Same sex sexual harassment is included in the definition of this policy and the offender and victim can be either male or female.
Student: Any individual enrolled either full-time or part-time in Delta State University on or off-campus courses.
Employee: This generally includes faculty and staff employees on University paid appointments. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
PROCEDURES and RESPONSIBILITIES
Delta State University is committed to providing and promoting an atmosphere in which faculty and staff can realize their maximum potential in the workplace and students can engage fully in the learning process. Toward this end, all members of the university community (including faculty, staff and students) must understand that harassment will not be tolerated, and that they are required to abide by university policy. Harassment violates federal civil rights laws and the university’s nondiscrimination policy.
The purpose of this policy includes:
It is incumbent upon anyone who feels he or she has been harassed to avail themselves of this policy and procedure.
Engaging in harassment is unacceptable conduct which will not be tolerated. Any student found to have engaged in harassment will be subject to discipinary action up to an including suspension. Any employee found to have engaged in harassment will be subject to disciplinary action up to and including termination. Managers and supervisors who know or should have known of harassment and fail to report such behavior, or fail to take immediate, appropriate action, will be subject to disciplinary action up to and including termination.
In determining whether alleged harassing conduct warrants corrective action, all relevant circumstances, including the context in which the conduct occurred, will be considered. Facts will be judged on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual.
Assurance / Protection Against Retaliation
This policy seeks to encourage students, faculty, and other employees to express freely, responsibly, and in an orderly way opinions and feelings about any problem or complaint of harassment. Retaliation against persons who report or provide information about harassment or behavior that might constitute harassment is also strictly prohibited. Any act of reprisal, including internal interference, coercion, and restraint, by a University employee or by one acting on behalf of the University, violates this policy and will result in appropriate disciplinary action.
DSU also recognizes that false accusations of harassment can have serious effects on innocent persons. If the investigation results in finding that the complainant has acted maliciously or has recklessly made false accusations, the accuser will be subject to appropriate disciplinary actions. Retaliation is a serious violation of this policy and should be reported immediately.
Delta State University will do everything consistent with enforcement of this policy and with the law to protect the privacy of the individuals involved and to ensure that the complainant and the accused are treated fairly. Information about individual complaints and their disposition is considered confidential and will be shared only on a “need to know” basis. All reasonable steps will be taken to assure that the complainant and the alleged offender are protected by the highest degree of confidentiality possible. Both parties are advised, however, that once an inquiry or an investigation has begun, anonymity may be impossible.
Prompt Reporting of Allegations
Persons who believe they have been victims of harassment should report the incident(s) immediately to appropriate administrative personnel as set forth below. Delay in reporting makes it more difficult to establish the facts of a case and may contribute to the repetition of offensive behavior.
If a complainant is able and feels safe, he or she should clearly explain to the respondent that the behavior is objectionable and request that it cease. The complainant should do so as soon as possible after the incident occurs. Communication with the respondent may be in person, on the telephone, or in writing. If the behavior does not stop, or if the complainant believes some adverse employment or educational consequences may result from the discussion, he or she may utilize a documented grievance process. There are two modes for resolving complaints, the informal grievance report and the formal grievance procedure.
Informal means are encouraged as the beginning point, but the choice of where to begin normally rests with the complainant. The informal complaint seeks resolution through discussion and mediation facilitated by the mediator, either the Vice President for Student Services or the Director of Human Resources.
Students:
The informal complaint seeks resolution through discussion and mediation facilitated by the Vice President of Student Services. Students who believe for any reason that they cannot effectively submit their informal complaint to the Vice President of Student Affairs should direct their complaint to the Provost/Vice President for Academic Affairs.
Faculty and Staff:
The informal complaint seeks resolution through discussion and mediation facilitated by the Director of Human Resources. Faculty and staff who believe for any reason that they cannot effectively submit their informal complaint to the Director of Human Resources should direct their complaint to either the Provost/Vice President for Academic Affairs or the Vice President for Finance & Administration.
The informal complaint does not involve, at any stage, a "finding" of guilt, nor does it mandate disciplinary action. The focus of the investigation in the informal report is to stop inappropriate behavior, investigate, and facilitate resolutions, if possible.
If a grievance is pursued through this informal complaint procedure, the complainant must initiate the request. The complaint should be brought as soon as possible after the most recent incident.
The role of the Vice President of Student Affairs and the Director of Human Resources will be to investigate the complaint, act as a neutral third party (mediator) and facilitate resolution. If the informal report procedure does not resolve the complaint, the complainant may initiate a formal grievance procedure. However, if the mediator(s) believe that the matter is sufficiently grave because it seems to be part of a persistent pattern, because of the nature of the alleged offense, or because the complainant seeks to have a sanction imposed, then the mediator(s) can initiate either a formal procedure or take other appropriate action.
If a complaint is resolved informally, no record of the complaint will be entered into either employment files or student records. However, the mediator(s) will, in the form of a confidential file memorandum, record the fact of the complaint and the resolution achieved. A copy of the memorandum will be retained in confidential files for a period of three years.
Any individual who believes that he or she has been the object of harassment may bring a formal complaint. The following sections identify appropriate reporting channels that students and employees should contact regarding harassment.
Faculty, staff, and students who are victims of assault or harassment may seek advice and referral from the University’s Counseling Services. This office, which keeps all information confidential, neither receives complaints nor conducts investigations.
The process is initiated when a written, signed complaint is submitted. When a written complaint is received, it will be treated as a formal complaint unless it specifically states that complainant desires to use the informal process. (However, any apparently legitimate complaint, regardless of its form, will be investigated and resolved to the extent deemed appropriate under the circumstances). The signed complaint should include the names of the individuals involved, a description of what occurred, and the time(s), place(s), and date(s) of the event(s).
After a formal complaint has been received, the investigator(s) will promptly notify all parties in writing of: the charge, including the names of all parties; DSU’s policy and procedure on harassment, and the name(s) of the individual(s) who will conduct the formal investigation on behalf of DSU.
The investigator(s) will ask the respondent to submit a detailed statement describing what occurred at the time of the alleged incident and listing the names of any witnesses with a brief description of what each may have seen or been told. The investigator(s) will then furnish each party with a copy of the other party’s statement. Within five (5) working days after receipt of the statement, each party will prepare and submit a detailed written response to the other party’s statement.
The investigator(s) may conduct interviews with witnesses. If possible, statements of witnesses will be in writing and signed; however, the investigator(s) may prepare written summaries of oral statements made by the witnesses. The investigator(s) must inform each witness that his or her statement will be furnished to each of the respective parties. When the investigation is complete, the investigator(s) will prepare a written preliminary report. The report should describe the evidence in detail, have attached summaries, and other relevant documents, and contain recommendations. The complainant and respondent will have two (2) working days in which to share their response to this report with the investigator(s). The investigator(s) will consider responses and prepare a final report to be sent to the complainant, respondent, and the President.
Appeal Process / Final Decision
Either party may respond to the final report of the investigator(s) by written letter to the President. This letter should contain arguments as to why the recommendation(s) of the investigator(s) should be modified, accepted, or rejected. The President shall consider both the report of the investigator(s) and the letters of the respective parties. The decision of the President is final. The complainant and the respondent will be notified of the outcome of the investigation.
DSU recognizes that the question of whether a particular course of conduct constitutes harassment requires a factual determination. DSU also recognizes that false accusations of harassment can have serious effects on innocent persons. If the investigation results in finding that the complainant has acted maliciously or has recklessly made false accusations, the accuser will be subject to appropriate disciplinary actions.
All written records generated through the use of the formal complaint procedure shall be kept for a period of three years in respective student’s records or the employee’s records in the Human Resources Department.
Responsibilities of Delta State University Supervisors
All members of the university community have a general responsibility to contribute in a positive way to a university environment that is free of harassment. Supervisory personnel, however, have additional responsibilities. Supervisory personnel are not only responsible for educating and sensitizing employees in their units about harassment issues, but they are also directed to take all appropriate steps to prevent and stop harassment in their areas of responsibility. Supervisory personnel who are contacted by an individual seeking to file a complaint about harassment in their department or area of responsibility shall assist the complainant in contacting the appropriate personnel.
Rights and Responsibilities of the Respondent
2. University Information
The University’s personnel are encouraged to use common sense judgement in securing the University’s Confidential Information to the proper extent. If an employee is uncertain of the sensitivity of a particular piece of information, the employee should contact their supervisor, manager and/or the Security Information Officer.
Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment.
Delta State University is committed to providing an environment in which all persons may pursue their education, careers, duties, and activities in an atmosphere free of all threats of unwelcome and unwanted sexual actions. The university strongly condemns sexual offenses and will not tolerate sexual offenders.
Sexual assaults are serious violations of university regulations and are crimes under state law, punishable by imprisonment.
Mentally defective person: one who suffers from a mental disease, defect, or condition which renders that person temporarily or permanently incapable of knowing the nature and quality of his or her conduct.
Mentally incapacitated person: one rendered incapable of knowing or controlling his or her conduct, or incapable of resisting an act due to the influence of any drug, narcotic, anesthetic, or alcohol.
Physically helpless person: one who is unconscious or one who for any reason is physically incapable of communicating an unwillingness to engage in an act.
Sexual assault: any sexual physical contact, including intentional touching or fondling, performed without the consent of the victim. Also, sexual assault occurs when any person is threatened, coerced, or forced into complying with any type sexual act against his/her will or without his/her consent, regardless of whether or not the assailant is an acquaintance of or stranger to the victim.
Victim of sexual assault: includes, but is not limited, to persons who are incapable of consenting to sexual interactions with another due to such persons being mentally defective, mentally incapacitated, and/or physically helpless.
PROCEDURES and RESPONSIBILITIES
The university will respond promptly and fairly to all reports or allegations of sexual assault. Any member of the university community who violates this policy is subject to disciplinary action when the incident has occurred on campus or when the incident has occurred off campus and affects the learning environment or operations of the university.
Judicial Process for Sexual Assaults
Delta State University will respond to reports of sexual assault in a manner that will seek to provide relief for the victim, due process for the accused, and a safe environment for the university community.
Charges for sexual assault against a DSU student will be handled by the Office of the Vice President for Student Affairs under normal judicial/disciplinary process. The Vice President for Student Affairs (VPSA) has the discretion to suspend a student accused of sexual assault, pending a hearing. Once an investigation has been completed, the VPSA will notify the accused student of the charge and set a hearing within five working days.
Both the complainant and the person accused of the sexual assault have certain rights in the university judicial/disciplinary process.
The complainant has the right to be present whenever the accused student is present in the judicial process, to be accompanied by another person for support, to be present when a verdict is announced, to make a formal statement in writing or orally prior to consideration of any penalty to be imposed on the offender, to be notified at the same time as the offender of any penalty, to be notified of any appeals filed by the offender and to respond to any new evidence presented as basis for an appeal; and the right to be notified, at the same time as the accused, of the result of any appeals.
The person accused of the sexual assault has all rights of due process as outlined in the Student Handbook.
Guidelines for Reporting a Sexual Assault
a. Identify and apprehend the alleged assailant,
b. Provide future options regarding criminal prosecution, university disciplinary action, and/or civil action against the assailant, and
c. Protect others from future assaults by the same assailant.
Anyone who has been a victim of sexual assault, domestic violence, stalking or any other form of violence should know the many sources of support services and counseling, both on campus and off campus.
Delta State University
Campus Services
Police Department............................................................. 846-4155
Health Services................................................................. 846-4630
Housing & Residence Life..................................................... 846-4151
Counseling........................................................................ 846-4690
Student Development......................................................... 846-4666
Vice President for Student Affairs......................................... 846-4150
Community Services
Our House, Inc.
Rape Crisis and Domestic Violence
Services (24 hr.)............................... 662-332-5683 or 1-888-884-5683
Sexual harassment is illegal under both state and federal law. It is the policy of Delta State University to insure that the University community remains free from sexual harassment. Any faculty, staff, and/or student who violates this policy is subject to disciplinary action.
None
PROCEDURES and RESPONSIBILITIES
Procedure for reporting
For specifics regarding the procedures and responsibilities related to reporting harassment, refer to the "Harassment" located in Section II - Employment for faculty and staff. Students should refer to the "Grievance Policy - Non Academic Issues" located in Section IV - Student Affairs.
Smoking: inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any device used to transmit or convey tobacco smoke or related inhalant.
Tobacco products: cigarettes, chewing tobacco, pipes, cigars, snuff, or any device designed to transmit or convey tobacco smoke or related inhalant.
Use of all tobacco products is prohibited in all owned, operated, leased, occupied, and controlled entitles of Delta State University including; buildings, grounds, parking areas, walkways, athletic fields, tennis courts, golf course, and any other recreational or public areas. When any person enters the grounds of the University, the use of any smoking material or tobacco product shall cease. The offending tobacco product shall be disposed of in an appropriate receptacle. Improper disposal of cigarette or cigar butts, or collateral litter of tobacco-product use, shall also be considered a violation of this policy.
RESPONSIBILITIES
All of the members of the Delta State University community share responsibility for complying with this policy. Specific enforcement of this policy is primarily the authority of the Delta State University Police who are authorized to cite violators of this policy. Auxiliary enforcement of this policy is delegated to all University Chairs, Building Managers, Directors, Deans, and Supervisors. Auxiliary enforcement is an affirmative obligation to ensure that this policy is followed in all University academic and administrative units. Auxiliary enforcement includes making individuals aware of this University Policy as well as reporting violators to campus police.
PENALTIES
Students
Violators will be penalized according to the Student Code of Conduct. Students should take great care in addressing their peers who do not comply with this policy. Violators should be reminded of this policy in a tactful and compassionate manner.
Faculty & Staff
Violators of this policy should be advised in a tactful, non-confrontational and compassionate manner.
Visitors
Visitors who violate this policy should be advised in a tactful, non-confrontational and compassionate manner.
Delta State University is committed to maintaining an environment conducive to the conduct of business and one in which the rights of others are respected. The University expects of its employees behavior consistent with the expectations of an institution of higher education.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
PROCEDURES and RESPONSIBILITIES
Part of the intent of this section is to identify typical offenses or behavior patterns for which disciplinary actions are taken. This is necessary in order to provide consistent treatment of all employees and so that the rights of some employees will not be violated by other employees.
Although this list is not an all-inclusive, the following are examples of deficiencies or offenses for which progressive disciplinary actions may be appropriate and which may result in discharge.
Examples of offenses that generally require discipline and may result in discharge:
1. Absenteeism
2. Failure to record work time accurately
3. Failure to report an accident or injury to a student, employee, visitor or self.
4. Failure to report to work on time.
5. Leaving University premises or work area without permission during work hours; unexcused absences.
6. Malicious mischief
7. Misuse of sick leave privileges and benefits
8. Neglect of duty or inattention to duty; negligence in wearing safety equipment.
9. Negligence in the performance of duty or productivity not up to standards
10. Sleeping during work hours
11. Violation of common safety practices
12. Failure to cooperate in an investigation
13. Gambling on University premises
14. Inappropriate behavior in the workplace, including, but not limited to, horseplay and threatening, intimidating, coercing, or interfering with fellow employees on University property.
15. Inappropriate behavior toward, or discourteous treatment of students, visitors, co-workers including use of profanity and other harassing statements.
16. Negligence or abuse in the use of University property or equipment.
17. Reporting to work when suffering from alcoholic or drug-related hangover
18. Misconduct in the workplace
19. Inappropriate behavior in the workplace
20. Sexual harassment
21. Violation of University policies or procedures
The following occurrences are cause for immediate discharge without notice or without pay in lieu of notice. Since a complete list of specific offenses is impossible, discharge is not limited to the situations described below.
1. Absence without notification or reasonable cause for failure to notify. Such absences for three consecutive workdays or shifts require no further follow-up prior to termination.
2. Any act of fighting on University property
3. Conviction of a felony
4. Falsifying personnel or pay records, including application for employment, clocking the time record or signing the time sheet for another employee.
5. Falsifying official records and documents of the University.
6. Fraudulent worker's compensation claims.
7. Immoral or indecent conduct on University property.
8. Stealing from fellow employees, students, the University or others on University property.
9. Theft, misappropriation of funds, and/or unauthorized use or removal of University property.
10. Unauthorized possession of firearms, knives, or other weapons.
11. Unauthorized release of confidential or official information.
12. Reporting to work under the influence of intoxicants, including alcohol, non-prescribed drugs, or illicit drugs.
13. Unlawful possession, use, manufacture, distribution or dispensing of illicit drugs, controlled substances, or alcoholic beverages during the employee's work period, whether on the premises of DSU or at any other site where the employee is carrying out DSU duties.
14. Violating the Ethics in Government Law (i.e., conflict of interest).
15. Behavior of any nature that discredits the University, including but not limited to, a willful misrepresentation to or on behalf of the University.
16. Behavior that interferes with the operation of the University or any part thereof.
17. Any other action, behavior, or communication that, as perceived by University officials, adversely affects the University or any sub-unit thereof.
Employee attendance is of vital concern to the University. An employee is expected to report to work on time daily and to remain on the job throughout his/her regular work hours. Excessive tardiness or unscheduled absences can result in disciplinary action. If an employee has to be absent from work or has an urgent reason for leaving, he/she should seek prior approval from his/her supervisor or administrative head.
As close to the regular starting time as possible, an employee must call his/her supervisor or department head if he/she is going to be absent without prior approval. An employee is expected to explain the reason for his/her absence and indicate the date he/she expects to return to work. Employees with poor attendance records may be asked to provide a doctor's certificate to justify an absence due to illness or injury. Any employee who does not report to work for three (3) consecutive days and does not provide proper notification to Delta State University is considered to have resigned voluntarily. An employee is expected to report to work on time daily and to remain on the job throughout your regular work hours. If you have to be absent from work or have an urgent reason for leaving, you must have prior permission from your supervisor or administrative head.
Responsibility of All Employees
University employees are expected to serve the University as they would any other efficient and progressive organization. The image of the University is presented by the words and deeds of the individual employees who deal with students, colleagues, or guests. Employees are expected to deal with the public and co-workers in a courteous, tactful, and cooperative manner.
Termination for Non-Instructional Personnel
Delta State University is an at will employer and as such reserves the right to terminate employment from any position at any time and for any reason. However, it is the policy of Delta State University to assist employees in improving job performance or correcting improper conduct to avoid termination when possible. If any employee is performing unsatisfactorily or exhibiting improper conduct, the supervisor will work with the employee in an attempt to improve conduct or performance. If disciplinary measures are imposed, it is essential that:
If corrective action is necessary, the progressive disciplinary steps outlined below will normally be followed. The nature or severity of the offense will determine the first step.
Step I. Documented Oral Warning: Once an employee Performance/conduct problem has been identified, and where informal actions such as counseling, training, and assistance have not brought about acceptable performance/conduct, then a formal discussion should take place. The employee will be informed of his/her deficiencies and acceptable performance/conduct will be discussed. The discussion will be documented and the employee will be given a copy. A documented oral warning should normally be given in private by the supervisor to an employee as a first step in correcting minor deficiencies. (Some first offenses of a more serious nature may require stronger action.)
Step II. Formal Warning: Formal warnings are to be used for recurring or more serious deficiencies or where there is future possibility of more severe action including termination or after an oral warning notice has been unsuccessful. Formal warnings are to be written to the employee and must indicate the date and specific nature of the deficiency and that more severe action may result if the employee does not correct the deficiency. The employee must be provided a copy of the warning and a copy sent to the Director of Human Resources.
Step III. Suspension: If the employee's misconduct or poor work performance continues, the next progressive disciplinary step is a suspension without pay. The suspension will be for three (3) working days and is the final disciplinary step prior to discharge. This action is taken where previous progressive disciplinary steps have not corrected the deficiency or where the offense is of such serious nature that it may warrant discharge, pending review of the facts. Very serious offenses may be cause for immediate suspension without the steps outlined above. Notices of suspension are placed in the employee's personnel file. The supervisor and/or department head must have written approval from his/her reporting Vice-President before initiating a suspension. The employee must be provided a copy of the suspension warning and a copy sent to the Director of Human Resources.
Step IV. Dismissal: Termination of the employee is a last resort after all other progressive disciplinary measures have failed or if the misconduct is of such a serious nature that immediate discharge is warranted. Recommendation for dismissal should be reasonably related to the seriousness of the employee's performance / conduct in view of length of service and prior record. Recommendations for dismissal of employees are initiated by the supervisor and /or department head and approved by the reporting Vice-President. Employees are to be advised in writing by their supervisor and /or department head, stating the reasons for recommending dismissal. A copy of the recommendation is to be sent to the Director of Human Resources.
The University recognizes that dismissal for any reason is a serious matter. All decisions regarding dismissal are made at the Vice Presidential level, after consultation with the immediate supervisor and discussion with the affected employee. In cases of termination of any employee because of lack of funds or reorganization, the employee is to be notified at least four weeks in advance if circumstances and advance knowledge permit.
Before a non-probationary regular full-time classified employee may be terminated for cause, the immediate supervisor must notify the employee with a written notice of intent to terminate, in which the reasons for the intent are cited. The immediate supervisor must present the intent to terminate in person, if at all possible; if not, by certified or registered mail at the employee's last known residence. The immediate supervisor shall simultaneously inform the employee of the right to a hearing as outlined below. Moreover, the supervisor has the option in any such instance to suspend with pay any employee who requests a hearing.
Hearing
A classified employee entitled to a hearing by virtue of a notice of intent to terminate shall have two working days from the date of receipt of the notice of intent to request a hearing before a Personnel Advisory Committee which consists of five employees selected by the President and mutually agreed upon by the Director of Human Resources and the affected staff member.
A different committee shall be appointed for each hearing. If the employee does not request a hearing, the employee's salary ceases at the end of the second working day following the receipt of the notice of intent to terminate. If the employee requests a hearing, the hearing shall occur within five working days of the receipt of the request for a hearing.
The committee will not be bound by strict rules of evidence, but may admit any evidence that is of probative value in determining the issues involved. The staff member will be permitted an adviser of his own choice, at his own expense, and will be afforded an opportunity to present witnesses and documentary evidence bearing on the issue involved.
Hearings will be private. Public statements are to be avoided by all parties concerned, so that the atmosphere conducive to a fair and impartial hearing may be maintained. Based upon the evidence presented, the committee will then make such recommendation to the President as it deems appropriate. If the President affirms the dismissal, then termination becomes final as of the fifth working day of the receipt of the request for a hearing.
Termination/Dismissal - Non Faculty policy
It is the University's policy to employ only those individuals eligible for work in the United States. Therefore, to ensure the identity and the employment eligibility of all persons employed, hiring departments shall be responsible for documentation and verification requirements. These requirements are met through proper completion of the Employment Eligibility Verification Form I-9 designated by the Immigration and Naturalization Service (INS).
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
PROCEDURES and RESPONSBILITIES
On or before their first day of work, all new employees shall be required to present to the hiring department original documentation of their true identity and employment eligibility. Some documents (Group A documents identified below) establish both employment authorization and identity, and any one document is acceptable. If an employee does not have a Group A document, he/she must present one document that establishes identity, a Group B document, and one document that establishes employment eligibility, a Group C document.
The choice of which document(s) to present is the employee's. However, a document(s) that is not an original and/or which does not appear to be genuine may be denied.
1. United States Passport
2. Certificate of United States Citizenship
3. Certificate of Naturalization
4. Unexpired Foreign Passport (containing authorization to work stamp)
5. Alien Registration Receipt Card, INS Form E-151 or I-152, if it contains a photograph
6. Temporary Resident Card, INS Form I-688
7. Employment Authorization Card, INS Form I-688A
1. A social security number card other than one which has printed on its face "not valid for employment purposes"
2. An unexpired re-entry permit, INS Form I-327
3. An unexpired Refugee Travel document, INS Form I-571
4. A Certificate of Birth issued by the Department of State, Form FS-545
5. A Certificate of Birth Abroad issued by the Department of State, Form DS-1350
6. An original or certified copy of a birth certificate issued by a state, county, or municipal authority bearing a seal
7. An employment authorization document issued by the Immigration and Naturalization Service
8. Native American tribal document
9. United States Citizen Identification Card, INS Form I-197
10. Identification card for use by a resident citizen in the United States, INS Form I-179
RELATED DOCUMENTS
Delta State University has certain restrictions regarding the employment of a family member of a present employee and/or the appointment of a present employee to a new/different position where one family member would be in a supervisory position over the other family member.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Family Member: Family member is defined as spouse, parent, step-parent, sibling, child, step-child, grandchild, grandparents, son- or daughter- in-law, mother- or father-in-law or brother- or sister-in-law. Child means a biological, adopted or foster child, or a child for whom the employee stands or stood in loco parentis.
PROCEDURES and RESPONSIBILITIES
The employment of a family member of a present employee or the appointment of a present employee to a new/different position is prohibited when such employment/ appointment would create a situation where one family member would be in a supervisory position over the other family member and/or influencing progress, performance, or welfare. An exception may be made to this policy, if the exception is approved in writing, through the chain of command to the appropriate Vice President, provided the subordinate employee's supervision is formally transferred to a supervisory authority one or more levels above the supervisory family member employee, and, if all matters dealing with the subordinate employee's progress, performance, welfare, assignment, salary, tenure, and promotion are in fact unaffected by the other family member's employment or position.
Individuals who have retired from the University (or other State of Mississippi service) may be re-employed in accordance with policies outlined by the Public Employees’ Retirement System of Mississippi.
None
PROCEDURES and RESPONSIBILITIES
Individuals who have retired from the Delta State University (or other State of Mississippi service) may be re-employed for a period of time in each fiscal year not to exceed the following:
State retirement benefits are subject to suspension for retirees re-employed under conditions other than those specified above. The provisions allowing emergency limited re-employment of retirees are designed to assist in meeting critical short-term staffing needs only. All retirees re-employed under these provisions are reported to the Public Employees' Retirement System as required.
The following procedures should be followed when employment of a retiree is proposed:
1. Obtain written approval through the chain of command from the appropriate Vice President. The employment request should describe the emergency situation on which the request is based, the proposed period of employment, and the proposed compensation;
2. Submit the request to the Human Resources Department to verify that the proposed work period and compensation are within the provisions of state law;
3. Submit a Recommendation and Authorization Form to complete the re-employment process.
Persons who have reached their eighteenth birthday may be employed as regular or temporary employees on a full or part-time basis in a position for which they meet the minimum qualifications and other employment requirements of the University.
None
PROCEDURES and RESPONSIBILITIES
None
This policy establishes the criteria and procedures whereby Delta State University will perform background checks on applicants prior to an offer of employment. Background checks will help to increase safety, manage risk, meet mandated regulatory compliance, and contribute to informed and safe hiring decisions. Additionally, applicants who indicate on their applications that they have a prior felony conviction or pending felony charge will be subject to more extensive background checks if the applicant is selected for interview and recommended for hire.
Background checks on student workers, graduate assistants, post-doctoral, and rehired retirees will be limited to those working in the following positions:
Delta State University reserves the right to add positions to this list at any time prior to the beginning of recruitment efforts.
Although a disqualification is possible, a previous conviction does not automatically disqualify an applicant from consideration for employment with the university. Depending on the factors, the applicant may still be eligible for employment with the University. In determining suitability for employment where there is a record of criminal conviction/s and/or pending criminal activity, consideration shall be given to such issues as the specific duties of the position, the number of offenses and circumstances of each, how long ago the conviction occurred, whether the circumstances arose out of an employment situation, and the accuracy of the explanation of the nature and circumstances of the conviction as stated by the applicant on the employment application.
However, if an applicant fails to reveal any previous conviction, he/she may be disqualified from employment in that or any other position at the University for providing false information on an application.
An employment offer may be extended to an applicant prior to the completion of the background check. All offers of employment and continuing employment are contingent upon an acceptable background check and any written offer of employment must contain notice of this contingency.
Human Resources staff will coordinate the background check with an approved third-party vendor qualified to perform such work and will be responsible for the costs associated with conducting background checks.
PROCEDURE
When a hiring department reaches the final selection stage in the hiring process, the department provides the selected candidate with an “Authorization and Release” form. The hiring department then sends the completed authorization form to Human Resources. Human Resources works with the third-party vendor to conduct the background check.
When the investigation is complete, the vendor will return the information to Human Resources. In the event that a criminal conviction record is discovered, a report will be sent to Human Resources for further review. Convictions not shown on the application but discovered during the investigation may render the applicant ineligible from employment. If there is a conviction, the hiring decision will be made in conference with the Human Resources Director and the Chair/Director of the hiring department and in consultation with the Attorney General’s Office of the Institutions of Higher Learning.
The vendor will conduct an investigation where needed to determine suitability for employment at the university. Depending upon the job description requirements of the position to be filled, the background check may also involve an educational background search and/or motor vehicle driving record search. Background checks will also be made for certain other information as listed on the authorization form.
Section 601 - §1681b. - Permissible Purposes of Reports
None
DSU follows the policy established by the Board of Trustees, Mississippi Institutions of Higher Learning, in the selection, appointment to the appropriate discipline, and tenure of the Institutional Executive Officer. According to Policy 201.0508, the Board appoints the Institutional Executive Officer. According to Policy 403.03, the Institutional Executive Officer, upon appointment, will concurrently hold an appointment to the faculty in his/her discipline at the rank of full professor. After successful completion of five (5) years of service as Institutional Executive Officer, the incumbent may be tenured as a full professor in the designated department at the discretion of the Board. Tenure shall carry the usual rights and priviledges as specified in Board and institutional policy. In the event that the Institutional Executive Officer resigns and elects to remain with the institution, his or her salary as a professor shall be determined by the IHL Board based upon the appropriate consideration of teaching, research, public service and salary conditions in the discipline.
University Administrators holding the title of Provost, Vice President, Associate/Assistant Provost, and/or Vice President, Dean, Associate/Assistant Dean, or Department/Division Chair/Director may, upon appointment, concurrently hold an appointment to the faculty in his/her discipline, with the status of the position designated as tenured, tenure track, or non-tenure track. Administrative appointments do not carry tenure, but an administrator who holds a tenured academic appointment retains that tenured appointment, and an administrator whose administrative appointment concurrently includes a tenure track faculty appointment may be awarded tenure while in the administrative position, in accordance with university procedures and policies. The rights of tenure apply to the faculty role and not the administrative office to which the administrator is appointed. The appointee may also be eligible for promotion in rank while in the administrative position.
When an administrator relinquishes an administrative position, his or her salary shall be established as defined in the individual's contract or determined on the basis of the individual's qualifications as a faculty member. Additional salary for the administrative position, if any, shall not be paid to the faculty member when he or she ceases to hold the administrative position.
The initial letter of appointment for an administrative position will state:
The employment contract will state:
With the exception of the Institutional Executive Officer (see IHL policies 201.0508 and 403.03 as referenced above, paragraph 1), all applications for tenure and/or promotion of tenure track administrators will follow the procedures delineated in the DSU Tenure and Promotion Policies. The only variance from the policies will be that an administrator's application for tenure and/or promotion will not be reviewed at the level of his or her administrative position (i.e., a dean's application portfolio will not include a review by a dean and a vice president's application portfolio will not include a review by a vice president).
All appeals to the tenure and/or promotion decisions for all administrators below the level of the Institutional Executive Officer will follow the procedures established in the DSU Tenure and Promotion policies.
The Responsible Office and/or the Policy Owner: Office of Academic Affairs
Active
Policy Effective Date:
04-16-2012 (Approved, Cabinet)
It is the policy of Delta State University to provide an immediate and fair method to address grievances of faculty or academic staff members in order to resolve work related problems or conditions that may arise between the University and an employee or between two employees. A faculty or academic staff member who feels aggrieved should first seek an informal resolution at the unit, department, or college level before filing a formal grievance under this policy. If a problem cannot be resolved informally, the employee has recourse to this established grievance procedure. Faculty or academic staff members do not have the right to appeal through the grievance policy and procedures related to salary, appointment or reappointment.
This policy does not address matters of discrimination or harassment, both of which are covered under separate University Policies (see Equal Employment Opportunity: Harassment Policy). This policy does not address matters related to tenure and promotion or merit pay which are addressed under the Tenure and Promotion or Merit Pay Policies of the University. Other exclusions may apply where University Policy or external policy or law is identified that takes precedence.
Grievance: The claim of an individual employee that there has been a violation, misinterpretation or misapplication of a rule, policy, or procedure in relation to personnel policies, including working hours, working conditions, leaves, and other conditions of employment.
Faculty: All DSU employees, except student employees, listed in the official budget as occupying one of the accepted faculty ranks including professor, associate professor, assistant professor, visiting professor, adjunct professor, or instructor. For the purpose of this document, faculty are also defined as employees with a paid University appointment at the rank of academic specialist, lecturer, assistant instructor, research associate, or librarian, including those in a continuing appointment system and those with fixed term and visiting status.
Working Days: Includes the period from Monday through Friday of each week, excluding those days which are designated as holidays by the official University calendar or by action of the President.
Whenever possible, problems should be solved within the University at the level at which they arise. However, each member of the faculty shall have the right to a hearing and an appeal for redress of grievance through established channels. Access to these procedures is restricted to University employees.
A faculty member holding an administrative position will have access to these procedures with regard to his/her faculty duties, but will not have access to the procedures with regard to his/her administrative duties.
At all stages of the formal process, the grievance must be submitted in writing and provide sufficient detail to allow a response. The grievance will contain a statement of the perceived facts of the case and a precise description of the remedy sought by the grievant. The grievance will be accompanied by the Faculty Grievance Report form, initiated by the faculty member, throughout the process.
Legal counsel for the grievant may not be present at any stage of the internal grievance process though the grievant may have ongoing consultation with counsel as desired. If the grievant insists on bringing legal counsel, the process is then led by the Attorney General’s Office associated with the Institutions of Higher Learning of the state of Mississippi.
The Grievance must contain the following information:
The grievant may withdraw a formal grievance at any stage of the proceeding but may not reinstate it once it is withdrawn. The withdrawal request should be made in writing to the individual hearing the grievance at the time of the withdrawal.
Steps to be followed:
The Faculty Grievance Committee shall be comprised of six members of the faculty (as previously defined). One member and an alternate will be appointed by the President of the Faculty Senate. Each of the Colleges, School, and Library shall elect one member and an alternate. Committee members shall serve for an academic year and shall be eligible for successive terms. The Committee shall select its own Chairperson, who shall assemble the Committee timely, acquire all documents related to the filed grievance, record the recommendation of the Committee, and communicate this recommendation to the President. No member of the hearing committee shall be from the same department, college, school, or unit as the grievant or respondent. Therefore, the committee will be comprised of five members for any grievance.
Faculty Grievance Committee Hearing Procedure
Within fourteen days of the receipt of the recommendation, the President shall render a decision and notify the Chairperson of the Hearing Committee with a copy to the grievant and respondent. Decisions of the President are final with no right of appeal to the Mississippi Board of Trustees of State Institutions of Higher Learning.
Responsible Office and/or the Policy Owner: Office of Academic Affairs
Academic Council Minutes 12/13/11
Faculty Grievance Report Form (available -- Academic Affairs)
Active
Policy Effective Date: December 13, 2011
Approval Date: December 13, 2011
Delta State University faculty appointments are at the ranks of Professor, Associate Professor, Assistant Professor, and Instructor. Initial appointment to rank is determined at the time of hire by the department/division chair in consultation with the departmental tenure and promotion committee and the dean and is based on academic credentials and/or exceptional discipline-related experience as defined by appropriate accrediting agencies. The normal minimum standards for these ranks are given below.
Instructor: A Master’s degree in the appropriate field.
Assistant Professor: A terminal degree in the appropriate field and potential for achievement in teaching, scholarship, and service.
Associate Professor: (1) Six years of university teaching experience or equivalent professional experience. (2) A minimum of three years experience at the rank of Assistant Professor. (3) Documentation of effectiveness in teaching. (4) Documentation of scholarship or creative activities. (5) Documentation of professional, university, and community service.
Professor: (1) Twelve years of university teaching experience or equivalent professional experience. (2) A minimum of five years experience at the rank of Associate Professor. (3) Documentation of sustained effectiveness in teaching. (4) Documentation of substantial accomplishment in scholarship or creative activities which has led to recognition in professional circles at the state, regional, or national level. (5) Documentation of leadership in the form of service to the community, the profession, and the university.
Criteria for Awarding Promotion: Decisions in favor of awarding promotion are made in recognition of accomplishments in response to the following criteria: teaching, scholarship, and service, as well as the appropriate academic background for a tenure appointment. Evaluation shall be based on all three areas although it is realized that differences in emphasis may exist, depending on the academic discipline. Each of the criteria is defined below.
Teaching: Delta State University is primarily a teaching institution. Therefore, effective teaching and efforts to support an environment where teaching and learning are nurtured are considered essential requirements for consideration for promotion. Effective teachers demonstrate qualities that may include the following: high academic standards, concern for learning, a thorough knowledge of the subject, good organization of subject matter and course syllabi, incorporation of research in instructional settings, excellent communication skills, respect toward students, fairness in examinations and grading, and willingness to experiment with new teaching methods. Contributions to the teaching, learning, and academic support environment include, but are not limited to, developing and implementing new courses and programs, developing instructional materials, participating in faculty development initiatives, using new technologies and methodologies for accessing information, and incorporating new strategies for enhancing student learning.
Scholarship: Delta State University recognizes the important contributions that scholarship makes in the advancement of a profession or discipline and as an important component of the teaching/learning process. Scholarly inquiry and learning vary by discipline and are reflected in, but are not limited to, the following: dissemination of research and scholarly findings through books, journal articles, monographs, and presentations at professional meetings; presentation of creative achievements through exhibitions, performances, and publications; development of new research methodologies; grants or contracts that support scholarly and creative activity; honors and awards for significant scholarly and creative activity, and participation as an editor and/or referee in support of scholarly and creative publications.
Service: Delta State recognizes the importance of service as a part of its mission. The service component is based on performance in three areas: service to the faculty member’s academic profession, service to the University, and public service to the community that is related to the faculty member’s academic discipline. Efforts to advance accreditation-related initiatives, such as the Quality Enhancement Plan, shall be considered as service to the University.
Department/Division Tenure and Promotion Committee
Each academic department/division in the University shall have a standing tenure and promotion committee. This committee shall consist of at least three persons. All of the tenured faculty members of the department/division, excluding the department/division chair, shall serve on the committee. If there are not enough tenured faculty members within the division/department to meet this criterion, the tenured faculty, in consultation with the department/division chair, shall appoint tenured faculty to the committee to meet the required criterion of at least three persons. The committee members shall come from tenured faculty within the same college or school or from tenured faculty in the same discipline outside the University. Department/division chairs shall notify candidates for promotion of the non-departmental appointees to the committee reviewing their application prior to the initiation of their review for promotion. Any concerns of the candidate regarding non-departmental appointees shall be forwarded to the Chair of the University Tenure and Promotion Committee, who shall meet with the departmental tenure and promotion committee to seek resolution. In the absence of agreement, the Provost will mediate a resolution. The department/division tenure and promotion committee shall have the responsibility for reviewing portfolios of candidates for promotion and making recommendations, with reasons, as to whether promotion should be granted. The committee shall also be responsible, with assistance from the department/division chair and tenure-track faculty, for recommending promotion procedures and for recommending guidelines for the portfolio to be used by candidates from that department/division for tenure or promotion consideration.
University Tenure and Promotion Committee
Membership
Committee Chair
Charge
Meeting Procedure
Guideline for Recommending Further Consideration of an Applicant
Tenure and Promotions Appeals Committee
The University shall have a standing tenure and promotions appeals committee. The Tenure and Promotions Appeals Committee shall consist of three tenured faculty members at the rank of Professor. No two members of the committee shall be from the same college or school, nor shall they be members of the University Tenure and Promotion Committee. The members shall be appointed by the Faculty Senate as a standing committee at the beginning of the academic year and shall serve one-year terms. Committee members shall not hear appeals from members of their respective academic department/division. If a member of the committee cannot hear a particular appeal, the Faculty Senate Chair shall appoint a temporary replacement.
Procedures
Application for Promotion
Application for promotion will be initiated by the faculty member. When a faculty member has met the criteria for promotion to the next higher rank, the faculty member shall notify the chair of the department/division tenure and promotion committee in writing of his/her desire to be considered for promotion by September 1. Application for promotion must be submitted by December 1 of the academic year in which the candidate wishes to be considered. Since the probationary period in a tenure-track position is six years, and the period of service for promotion to the rank of Associate Professor is also six years, a faculty member may be considered for tenure and promotion to that rank simultaneously.
Pre-Tenure and Pre-Promotion Review
By February 1 of a faculty member’s second year and fourth year in a probationary appointment at the University, the faculty member shall submit his/her portfolio to the chair of the department/division’s tenure and promotion committee. This committee shall review the portfolio and make written recommendations and shall, by March 1, forward the portfolio and the committee’s written recommendations to the department/division chair. The department/division chair shall review the portfolio and make written recommendations and shall, by March 15, forward the portfolio and the chair’s recommendations and the department/division tenure and promotion committee’s recommendations to the dean. The dean shall review the portfolio and make written recommendations and shall, by April 1, forward the portfolio and all written recommendations to date to the faculty member. Copies of all written recommendations to date shall be retained in the dean’s office and in the department/division office. In cases where minimal progress is made between the second year and fourth year, as determined by the committee, the department/division chair, or the dean, the faculty member shall, in consultation with the chair, develop and have on file in the dean’s office, by May 1, a plan of action for improvement. This pre-tenure and pre-promotion review process shall serve as a mentoring function for the faculty member to identify strengths and weaknesses, not as a vote on tenure/promotion consideration.
Portfolios
Faculty who are eligible for consideration for promotion shall compile and maintain a portfolio that provides evidence of their accomplishments in response to all three criteria used to make promotion decisions. These include teaching, scholarship, and service. Unless otherwise specified in the faculty member’s contract, the primary emphasis among the three criteria shall be teaching. Evaluation shall be based on all three areas although it is realized that differences in emphasis may exist, depending on the academic discipline and the nature of the faculty member’s assignment. Ultimately, the portfolio must demonstrate an excellent record of faculty productivity, through performance on the three criteria, which improves the academic quality of the University. Guidelines and suggestions for portfolios are available through the department/division chair.
Portfolio Review
A candidate applying for promotion must submit for review, no later than December 1 of the year in which the candidate is being considered for promotion, his/her portfolio to the department/division chair, who then forwards it by December 5 to the department/division tenure and promotion committee. The department/division chair forwards a list of tenure and promotion candidates for his/her department/division to the College or School dean, University T & P Committee chair, and the Provost/Vice President for Academic Affairs by December 1. The department/division committee for tenure and promotion shall meet and make its recommendation (with reasons) as to whether promotion should be granted to the candidate and forward the portfolio and recommendation to the department/division chair by February 1. The department/division tenure and promotion committee will send a copy of the recommendation letter to the candidate. The department/division chair shall review the portfolio and make a recommendation (with reasons) regarding the award of promotion and shall transmit to the appropriate college or school dean the portfolio and both recommendations by February 15. The department/division chair will send a copy of his/her recommendation to the candidate. The college or school dean shall review the portfolio and make a recommendation (with reasons). If the dean’s recommendation for promotion is in disagreement with the recommendation of the department/division committee, it shall be the responsibility of the dean to meet with the department/division committee to inform the members of such and provide an explanation. The dean will send a copy of his/her recommendation to the candidate. By March 1, the dean shall send the portfolio and the recommendations from the department/division committee, the chair, and the dean to the Provost/Vice President for Academic Affairs. The dean shall send a copy of all recommendations to the chair of the University T & P Committee. The University T & P Committee shall schedule a meeting during the first two weeks of March to review the recommendations for compliance with Board, University, and department/division policies and procedures. The committee chair shall contact all promotion candidates to identify any potential grievance and/or concern. In the event procedural problems and/or concerns are discovered, the chair of the University T & P Committee shall meet with the appropriate college or school dean to seek resolution. Annotation of any unresolved procedural problems shall be forwarded by the chair of the University T & P Committee to the Provost/Vice President for Academic Affairs as soon as possible after the meeting of the University T & P Committee and no later than the fourth Friday in March. The Provost/Vice President for Academic Affairs shall review each candidate’s portfolio and make a recommendation (with reasons) regarding the award of promotion and shall forward the portfolios and the promotion recommendations to the President by April 1, citing any unresolved procedural problems and/or concerns from the University T & P Committee. If the recommendation regarding promotion from the Provost/Vice President for Academic Affairs or the President is in disagreement with any of the previous recommendations, it shall be the responsibility of the Provost/Vice President for Academic Affairs or the President to inform the candidate, the department/division tenure and promotion committee chair, the department/division chair, the dean, and the chair of the University T & P Committee and provide an explanation. Upon approval by the President, successful candidates for promotion shall be notified in writing by May 1 by the Provost/Vice President for Academic Affairs.
Appeal
Candidates who are not recommended for promotion shall be notified in writing by the Provost/Vice President for Academic Affairs by April 15. Faculty members who wish to appeal must refer the case to the University Tenure and Promotions Appeals Committee by May 1. This committee shall hold a hearing within fifteen days to review the decision and submit a recommendation to the President, who shall make a final determination within seven days and notify the candidate of such in writing.
Assistant Professor: A terminal (i.e. Master of Library Science) degree in the library field or in some instances a graduate degree in a related scholarly field and potential for achievement in professional competency, scholarship, and service.
Associate Professor: (1) Six years of professional library experience. (2) A minimum of three years experience at the rank of Assistant Professor. (3) Documentation of effectiveness in areas of professional competency. (4) Documentation of scholarship or creative activities. (5) Documentation of professional, university, and community service.
Professor: (1) Twelve years of professional library experience. (2) A minimum of five years experience at the rank of Associate Professor. (3) Documentation of sustained effectiveness in professional competency. (4) Documentation of substantial accomplishment in scholarship or creative activities that have led to recognition in professional circles at the state, regional or national level. (5) Documentation of leadership in the form of service to the community, the profession, and the university.
Professional Competency: Delta State University is primarily a teaching institution. However, most individuals who hold appointments as Library Services faculty do not engage in teaching semester-length formal courses. Thus, for Library Services faculty, professional competency is essential for promotion consideration. Effective Library Services faculty demonstrate qualities which may include, but are not limited to, the following: high academic standards, concern for learning, a thorough knowledge of the subject, excellent organizational skills, excellent communication skills, service ethic, respect for Library Services patrons, innovation in professional practice, and continuing professional development and education. Contributions to Library Services include, but are not limited to, instruction in accessing information and technology, collection development, reference and user services, access and control of information and equipment, leadership and supervision of personnel, providing instructional support services, development of instructional aids and research sources, and preservation or conservation activities.
Scholarship: Delta State University recognizes the important contributions that scholarship makes in the advancement of Library Services. Scholarly inquiry and learning in Library Services are reflected in, but not limited to, the following: dissemination of research and scholarly findings through books, journal articles, monographs, abstracts, reviews, indexes, and presentations at professional meetings, workshops, and training sessions; presentation of creative achievements through exhibitions, performances, and publications; development of new research methodologies, studies, and surveys; compilation of bibliographies, collection research guides, and pathfinders; identification and evaluation of scholarly resources that are appropriate for the educational mission; production of instructional multimedia materials; obtainment of grants or contracts that support scholarly and creative activity; achievement of honors and awards for significant scholarly and creative activity, and participation as an editor and/or referee in support of scholarly and creative publications.
Service: Delta State recognizes the importance of service as a part of its mission. The service component is based on performance in three areas: service to the Library Services faculty member’s profession, service to the University, and public service to the community that is related to the nature of the Library Services faculty member’s assignment. Efforts to advance accreditation-related initiatives, such as the Quality Enhancement Plan, shall be considered as service to the University.
Criteria for Awarding Promotion: Decisions in favor of awarding promotion are made in recognition of accomplishments in response to the following criteria: professional competency, scholarship, and service, as well as the appropriate academic background for a tenure appointment. Evaluation shall be based on all three areas, although it is realized that differences in emphasis may exist depending on the nature of the individual’s assignment. Each of the criteria is defined below.
Professional Competency: Delta State University is primarily a teaching institution. However, most individuals who hold appointments as Library Services faculty do not engage in teaching semester-length formal courses. Thus, for Library Services faculty, professional competency is essential for promotion consideration. Effective Library Services faculty demonstrate qualities which may include, but are not limited to, the following: high academic standards, concern for learning, a thorough knowledge of the subject, excellent organizational skills, excellent communication skills, service ethic, respect for Library Services patrons, innovation in professional practice, and continuing professional development and education. Contributions to Library Services include, but are not limited to, instruction in accessing information and technology, collection development, reference and user services, access and control of information and equipment, leadership and supervision of personnel, providing instructional support services, development of instructional aids and research sources, and preservation or conservation activities.
Scholarship: Delta State University recognizes the important contributions that scholarship makes in the advancement of Library Services. Scholarly inquiry and learning in Library Services are reflected in, but not limited to, the following: dissemination of research and scholarly findings through books, journal articles, monographs, abstracts, reviews, indexes, and presentations at professional meetings, workshops, and training sessions; presentation of creative achievements through exhibitions, performances, and publications; development of new research methodologies, studies, and surveys; compilation of bibliographies, collection research guides, and pathfinders; identification and evaluation of scholarly resources that are appropriate for the educational mission; production of instructional multimedia materials; obtainment of grants or contracts that support scholarly and creative activity; achievement of honors and awards for significant scholarly and creative activity, and participation as an editor and/or referee in support of scholarly and creative publications.
Service: Delta State recognizes the importance of service as a part of its mission. The service component is based on performance in three areas: service to the Library Services faculty member’s profession, service to the University, and public service to the community that is related to the nature of the Library Services faculty member’s assignment. Efforts to advance accreditation-related initiatives, such as the Quality Enhancement Plan, shall be considered as service to the University.
Library Services Tenure and Promotion Committee
Library Services shall have a standing tenure and promotion committee. This committee shall consist of at least three persons. All of the tenured faculty members of Library Services, excluding the Dean of Library Services, shall serve on the committee. The committee shall elect a chair each year. If there are not at least three tenured faculty members within Library Services to meet this criterion, the tenured faculty, in consultation with the Dean of Library Services, shall appoint to the committee faculty who are from the same discipline, and are tenured at another university. Candidates for promotion shall receive notification of the non-departmental appointees to the committee who shall be reviewing their application prior to the initiation of their review for promotion. Any concerns of the candidate regarding non-departmental appointees shall be forwarded to the chair of the University Tenure and Promotion Committee, who shall meet with the departmental tenure and promotion committee to seek resolution. In the absence of agreement, the Provost/Vice President for Academic Affairs will mediate a resolution. The Library Services Tenure and Promotion Committee shall have the responsibility for reviewing portfolios of candidates for promotion and making recommendations, with reasons, as to whether promotion should be granted. The Library Services Tenure and Promotion Committee shall also be responsible, with assistance from the Dean of Library Services and tenure-track faculty, for recommending promotion procedures and for recommending guidelines for the portfolio to be used by candidates from Library Services for tenure or promotion consideration.
University Tenure and Promotion Committee
Membership
Committee Chair
Charge
Meeting Procedure
Guideline for Recommending Further Consideration of an Applicant
Tenure and Promotions Appeals Committee
The University shall have a standing tenure and promotions appeals committee. The Tenure and Promotions Appeals Committee shall consist of three tenured faculty members at the rank of Professor. No two members of the committee shall be from the same college or school, nor shall they be members of the University Tenure and Promotion Committee. The members shall be appointed by the Faculty Senate as a standing committee at the beginning of the academic year and shall serve one-year terms. Committee members shall not hear appeals from members of their respective academic department/division. If a member of the committee cannot hear a particular appeal, the Faculty Senate President shall appoint a temporary replacement.
Application for Promotion
Application for promotion will be initiated by the Library Services faculty member. When a faculty member believes that he or she has met the University and Library Services criteria for promotion to the next higher rank, the faculty member shall notify the Chair of the Library Services Tenure and Promotion Committee in writing of his or her desire to be considered for promotion by September 1. Application for promotion must be submitted by December 1 of the academic year in which the candidate wishes to be considered. Since the probationary period in a tenure-track position is six years, and the period of service for promotion to the rank of Associate Professor is also six years, a faculty member may apply for tenure and promotion to that rank simultaneously.
Pre-Tenure and Pre-Promotion Review
By February 1 of a Library Services faculty member’s second year and fourth year in a probationary appointment at the University, the Library Services faculty member shall submit his/her portfolio to the Chair of the Library Services Tenure and Promotion Committee. This Committee shall review the portfolio and make written recommendations and shall, by March 1, forward the portfolio and the committee’s written recommendations to the Dean of Library Services. The dean shall review the portfolio and make written recommendations and shall, by April 1, forward the portfolio and all written recommendations to date to the Library Services faculty member. Copies of all written recommendations to date shall be retained in the dean’s office. In cases where minimal progress is made between the second year and fourth year, as determined by the committee or the Dean of Library Services, the Library Services faculty member shall, in consultation with the Dean of Library Services, develop and have on file in the Dean of Library Services’ office by May 1 a plan of action for improvement. This pre-tenure and pre-promotion review process shall serve as a mentoring function for the Library Services faculty member to identify strengths and weaknesses, not as a vote on promotion consideration.
Portfolios
Library Services faculty who are eligible for consideration for promotion shall compile and maintain a portfolio that provides evidence of their accomplishments in response to all three criteria used to make promotion decisions. These include: professional competency, scholarship, and service. Unless otherwise specified in the Library Services faculty member’s contract, the primary emphasis among the three criteria shall be professional competency. Evaluation shall be based on all three areas, although it is realized that differences in emphasis may exist, depending on the nature of the Library Services faculty member’s assignment. Ultimately, the portfolio must demonstrate an excellent record of Library Services faculty productivity, through performance on the three criteria: professional competency, scholarship, and service. Guidelines and suggestions for portfolios are available through the Dean of Library Services.
Portfolio Review
A candidate applying for promotion must submit for review, no later than December 1 of the year in which the candidate is being considered for promotion, his/her portfolio to the Chair of the Library Services Tenure and Promotion Committee. The chair forwards a list of tenure and promotion candidates to the Dean of Library Services, University T & P chair, and the Provost/VPAA by December 1. The Library Services Tenure and Promotion Committee shall meet and make its recommendation (with reasons) as to whether promotion should be granted to the candidate and forward the portfolio and recommendation to the Dean of Library Services by February 1. The committee will send a copy of the recommendation letter to the candidate. If the Dean of Library Services’ recommendation for promotion is in disagreement with the recommendation of the Library Services Tenure and Promotion Committee, it shall be the responsibility of the Dean of Library Services to meet with the Library Services Tenure and Promotion Committee to inform the members of such and provide an explanation. The dean will send a copy of his/her recommendation to the candidate. By March 1, the dean shall send the portfolio and the recommendations from the Library Services Tenure and Promotion Committee and the Dean of Library Services to the Provost/Vice President for Academic Affairs. The dean shall send a copy of all the recommendations to the Chair of the University T & P Committee. The University T & P Committee shall schedule a meeting during the first two weeks of March to review the recommendations for compliance with IHL Board, University, and Library Services policies and procedures. The committee chair shall contact all promotion candidates to identify any potential grievance and/or concern. In the event procedural problems and/or concerns are discovered, the Chair of the University T & P Committee shall meet with the Dean of Library Services to seek resolution. Annotation of any unresolved procedural problems shall be forwarded by the chair of the University T & P Committee or the Dean of Library Services to the Provost/Vice President for Academic Affairs as soon as possible after the meeting of the University T & P Committee and no later than the fourth Friday in March. The Provost/Vice President for Academic Affairs shall review each candidate’s portfolio and make a recommendation (with reasons) regarding the award of promotion and shall forward the portfolio and the promotion recommendation to the President by April 1, citing any unresolved procedural problems and/or concerns from the University T & P Committee. If the recommendation regarding promotion from the Provost/Vice President for Academic Affairs or the President is in disagreement with any of the previous recommendations, it shall be the responsibility of the Provost/Vice President for Academic Affairs or the President to inform the candidate, the Library Services Tenure and Promotion Committee chair, the dean, and the chair of the University T & P Committee and provide an explanation. Upon approval by the President, successful candidates shall be notified in writing by May 1 by the Provost/Vice President for Academic Affairs.
Appeal
Candidates who are not recommended for promotion shall be notified in writing by the Provost/Vice President for Academic Affairs by April 15. Library Services faculty members who wish to appeal must refer the case to the University Tenure and Promotions Appeals Committee by May 1. This committee shall hold a hearing within fifteen days to review the decision and submit a recommendation to the President, who shall make a final determination within seven days and notify the candidate of such in writing.
Tenure: is defined by the IHL Board of Trustees as continuing employment that may be granted to a faculty member after a probationary period upon nomination by the President for election by the IHL Board of Trustees. Faculty are tenured to a department/division, unless otherwise designated by the IHL Board of Trustees. For the University it is a safeguard of academic freedom and a reflection of the quality of education offered. For the faculty member it is a privilege granted by the University to faculty who have demonstrated their value to the academic quality of the institution over an extended period of time.
Eligibility for Tenure
All faculty employed in a position designated as tenure-track at the time of initial appointment to rank at the assistant professor level or higher who have satisfied the minimum requirement for years of service in a probationary appointment shall be considered for tenure.
Probationary Appointments
In accordance with IHL Board of Trustees policy, probationary appointments are for one year, or for other stated periods, subject to renewal.
Length of Probationary Period
The probationary period in a tenure-track position is six years. Upon written agreement between the institution and the faculty member at the time of initial appointment to rank, credit up to a maximum of five years toward fulfillment of the minimum probationary period may be allowed for service in rank at other institutions of higher education. In special cases, the Provost/Vice President for Academic Affairs, upon the recommendation of the college or school dean, may grant credit for exemplary service not in rank. Such credit shall be awarded only to individuals who possess exceptional professional qualifications and achievements and is not to be construed as exempting such individuals from other institutional policies and procedures governing the awarding of tenure. Faculty members who transfer from one institution to another within the Mississippi system are subject to the same probationary period in a given institution as any other faculty member who is new to the system. At the time of initial employment by the Board, a faculty member or an administrative employee whose preceding employment included faculty rank at the assistant professor level or higher and tenure may be granted tenure only if so recommended by the President and approved by the IHL Board of Trustees. In extraordinary circumstances, (e.g., extended medical leave, educational leave), faculty may submit a request for a suspension of the length of the probationary period. Requests shall be submitted to the college or school dean for approval by the Provost/Vice President for Academic Affairs.
Tenure Notification
Once the probationary period has been completed, a faculty member, if reappointed, may be considered for tenure. For tenure to be awarded, the President must make a recommendation to the IHL Board of Trustees in writing. The award of tenure is not vested until notice of the award is given in writing by the President, after approval by the IHL Board of Trustees, and the written notice is actually received by the faculty member.
Notice of Non-Renewal of Tenure Track Faculty
The notice that a probationary appointment is not to be renewed shall be furnished in writing by the Provost/Vice President for Academic Affairs to the faculty member according to the following schedule: (1) not later than March 1 for faculty in the first year of service at the institution, (2) not later than December 1 for faculty in the second year of service at the institution, (3) not later than September 1 for faculty who have completed two or more years of service at the institution. This schedule of notification does not apply to persons holding temporary or part-time positions, or persons with courtesy appointments, such as adjunct appointments.
Criteria for Awarding Tenure
Decisions in favor of awarding tenure are made in recognition of accomplishments in response to the following criteria: teaching, scholarship, and service, as well as the appropriate academic background for a tenure appointment. Evaluation shall be based on all three areas although it is realized that differences in emphasis may exist, depending on the academic discipline. Each of the criteria is defined below.
Teaching Defined
Delta State University is primarily a teaching institution. Therefore, effective teaching and efforts to support an environment where teaching and learning are nurtured are considered essential requirements for tenure consideration. Effective teachers demonstrate qualities which may include the following: high academic standards, concern for learning, a thorough knowledge of the subject, good organization of subject matter and course syllabi, incorporation of research in instructional settings, excellent communication skills, respect toward students, fairness in examinations and grading, and willingness to experiment with new teaching methods. Contributions to the teaching, learning, and academic support environment include, but are not limited to, developing and implementing new courses and programs, developing instructional materials, participating in faculty development initiatives, using new technologies and methodologies for accessing information, and incorporating new strategies for enhancing student learning.
Scholarship Defined
Delta State University recognizes the important contributions that scholarship makes in the advancement of a profession or discipline and as an important component of the teaching/learning process. Scholarly inquiry and learning vary by discipline and are reflected in, but are not limited to, the following: dissemination of research and scholarly findings through books, journal articles, monographs, and presentations at professional meetings; presentation of creative achievements through exhibitions, performances, and publications; development of new research methodologies; grants or contracts that support scholarly and creative activity; honors and awards for significant scholarly and creative activity, and participation as an editor and/or referee in support of scholarly and creative publications.
Service Defined
Delta State recognizes the importance of service as a part of its mission. The service component is based on performance in three areas: service to the faculty member’s academic profession, service to the University, and public service to the community that is related to the faculty member’s academic discipline. Efforts to advance accreditation-related initiatives, such as the Quality Enhancement Plan, shall be considered as service to the University.
Department/Division Tenure and Promotion Committee
Each academic department/division in the University shall have a standing tenure and promotion committee. This committee shall consist of at least three persons. All of the tenured faculty members of the department/division, excluding the department/division chair, shall serve on the committee. If there are not enough tenured faculty members within the division/department to meet this criterion, the tenured faculty, in consultation with the department/division chair, shall appoint tenured faculty to the committee to meet the required criterion of at least three persons. The committee members may come from tenured faculty within the same college or school or from tenured faculty in the same discipline outside the University. Department/division chairs shall notify tenure candidates of the non-departmental appointees to the committee reviewing their application prior to the initiation of their review. Any concerns of the candidate regarding non-departmental appointees shall be forwarded to the chair of the University Tenure and Promotion (T & P) Committee, who shall meet with the departmental tenure and promotion committee to seek resolution. In the absence of agreement, the Provost will mediate a resolution. The department/division tenure and promotion committee shall have the responsibility for reviewing portfolios of candidates for tenure and making recommendations, with reasons, as to whether tenure should be granted. The committee shall also be responsible, with assistance from the department/division chair and tenure-track faculty, for recommending tenure and promotion procedures and for recommending guidelines for the portfolio to be used by candidates from that department/division for tenure or promotion consideration.
University Tenure and Promotion Committee
Membership
Committee Chair
Charge
Meeting Procedure
Guideline for Recommending Further Consideration of an Applicant
Tenure and Promotions Appeals Committee
The University shall have a standing tenure and promotions appeals committee. The Tenure and Promotions Appeals Committee shall consist of three tenured faculty members at the rank of Professor. No two members of the committee shall be from the same college or school, nor shall they be members of the University Tenure and Promotion Committee. The members shall be appointed by the Faculty Senate as a standing committee at the beginning of the academic year and shall serve one-year terms. Committee members shall not hear appeals from members of their respective academic department/division. If a member of the committee cannot hear a particular appeal, the Faculty Senate Chair shall appoint a temporary replacement.
PROCEDURES
Tenure Application
Consideration for tenure shall not be deferred beyond the sixth full year of service in the probationary period. Department/division chairs shall notify faculty in writing of their eligibility for tenure consideration by October 1 of the sixth year of service. By the end of six years in the probationary period in a tenure-track position a faculty member shall be awarded tenure or given a terminal contract for the seventh year.
Pre-Tenure and Pre-Promotion Review
By February 1 of a faculty member’s second year and fourth year in a probationary appointment at the University, the faculty member shall submit his/her portfolio to the chair of the department/division’s tenure and promotion committee. This committee shall review the portfolio and make written recommendations and shall, by March 1, forward the portfolio and the committee’s written recommendations to the department/division chair. The department/division chair shall review the portfolio and make written recommendations, and shall, by March 15, forward the portfolio, the chair’s recommendations, and the department/division tenure and promotion committee’s recommendation to the dean. The dean shall review the portfolio and make written recommendations and shall, by April 1, forward the portfolio and all written recommendations to the faculty member. Copies of all written recommendations to date shall be retained in the dean’s office and in the department/division office. In cases in which minimal progress is made between the second year and fourth year, as determined by the committee, the department/division chair, or the dean, the faculty member shall, in consultation with the department/division chair, develop and have on file in the dean’s office, by May 1, a plan of action for improvement. This pre-tenure and pre-promotion review process shall serve as a mentoring function for the faculty member to identify strengths and weaknesses, not as a vote on tenure/promotion consideration.
Portfolios
Faculty who are eligible for tenure consideration shall compile and maintain a portfolio that provides evidence of their accomplishments in response to all three criteria used to make tenure decisions. These include teaching, scholarship, and service. Unless otherwise specified in the faculty member’s contract, the primary emphasis among the three criteria shall be teaching. Evaluation shall be based on all three areas, although it is realized that differences in emphasis may exist, depending on the academic discipline and the nature of the faculty member’s assignment. Ultimately, the portfolio must demonstrate an excellent record of faculty productivity, through performance on the three criteria, which improves the academic quality of the University. Guidelines and suggestions for portfolios are available through the department/division chair.
Portfolio Review
A candidate applying for tenure must submit for review, no later than December 1 of the year in which the candidate is being considered for tenure, his/her portfolio to the department/division chair, who then forwards it by December 5 to the department/division tenure and promotion committee. The department/division chair forwards a list of tenure and promotion candidates for his/her department/division to the College or School dean, University T & P Committee chair, and the Provost/Vice President for Academic Affairs by December 1. The department/division committee for tenure and promotion shall meet and make its recommendation (with reasons) as to whether tenure should be granted to the candidate and forward the portfolio and recommendation to the department/division chair by February 1. The department/division tenure and promotion committee will send a copy of the recommendation letter to the candidate. The department/division chair shall review the portfolio and make a recommendation (with reasons) regarding the award of tenure and shall transmit to the appropriate college or school dean the portfolio and both recommendations by February 15. The department/division chair will send a copy of his/her recommendation to the candidate. The college or school dean shall review the portfolio and make a recommendation (with reasons). If the dean’s recommendation for tenure is in disagreement with the recommendation of the department/division committee, it shall be the responsibility of the dean to meet with the department/division committee to inform the members of such and provide an explanation. The dean will send a copy of his/her recommendation to the candidate. By March 1, the dean shall send the portfolio and the recommendations from the department/division tenure and promotion committee, the department/division chair, and the dean to the Provost/Vice President for Academic Affairs. The dean shall send a copy of all recommendations to the chair of the University Tenure and Promotion Committee.
The University T & P Committee shall schedule a meeting during the first two weeks of March to review the recommendations for compliance with IHL Board, University, and department/division policies and procedures. The committee chair shall contact all tenure candidates to identify any potential grievance and/or concern. In the event procedural problems and/or concerns are discovered, the chair of the University T & P Committee shall meet with the appropriate college or school dean to seek resolution. Annotation of any unresolved procedural problems shall be forwarded by the chair of the University T & P Committee to the Provost/Vice President for Academic Affairs as soon as possible after the meeting of the University T & P Committee and no later than the fourth Friday in March. The Provost/Vice President for Academic Affairs shall review each candidate’s portfolio and make a recommendation (with reasons) regarding the award of tenure and shall forward the portfolio and the tenure recommendations to the President by April 1, citing any unresolved procedural problems and/or concerns from the University T & P Committee. If the recommendation regarding tenure from the Provost/Vice President for Academic Affairs or the President is in disagreement with any of the previous recommendations, it shall be the responsibility of the Provost/Vice President for Academic Affairs or the President to inform the candidate, the department/division tenure and promotion committee chair, the department/division chair, the dean, and the chair of the University T & P Committee and provide an explanation. The recommendations for tenure, submitted by the Provost/Vice President for Academic Affairs and approved by the President, shall be transmitted to the IHL Board of Trustees for confirmation at its May meeting. Upon Board approval, successful candidates shall be notified in writing by June 1 by the President.
Appeal
Candidates who are not recommended for tenure shall be notified in writing by the Provost/Vice President for Academic Affairs by April 15. Faculty members who wish to appeal must refer the case to the University Tenure and Promotions Appeals Committee by May 1. This committee shall hold a hearing within fifteen days to review the decision and submit a recommendation to the President, who shall make a final determination within seven days and notify the candidate of such in writing. Faculty who wish to appeal the final decision of the President to the IHL Board of Trustees have thirty days to do so effective from the date of notification by the President and should follow the procedures outlined in section 403.0105 of the Policies of the IHL Board of Trustees.
Tenure serves the best interests of the Library Services faculty and the University by protecting Library Services faculty members from dismissal except for reasons set forth by policies of the IHL Board of Trustees. In our society we regard the acquisition of knowledge to be of paramount importance; and society, through enlightened self-interest, provides the University as a place for teaching and learning. Tenure in universities provides protection that scholars require and serves society’s aspirations that scholars should have freedom of expression.
Tenure is defined by the IHL Board of Trustees as continuing employment that may be granted to a Library Services faculty member after a probationary period upon nomination by the President for election by the IHL Board of Trustees. Library Services faculty are tenured to Library Services, unless otherwise designated by the IHL Board of Trustees. For the University it is a safeguard of academic freedom and a reflection of the quality of education offered. For the Library Services faculty member it is a privilege granted by the University to Library Services faculty who have demonstrated their value to the academic quality of the institution over an extended period of time.
All Library Services faculty employed in a position designated as tenure-track at the time of initial appointment to rank at the assistant professor level or higher who have satisfied the minimum requirement for years of service in a probationary appointment shall be considered for tenure.
Probationary Appointments
In accordance with IHL Board of Trustees policy, probationary appointments are for one year, or for other stated periods, subject to renewal.
Length of Probationary Period
The probationary period in a tenure-track position is six years. Upon written agreement between the institution and the Library Services faculty member at the time of initial appointment to rank, credit up to a maximum of five years toward fulfillment of the minimum probationary period may be allowed for service in rank at other institutions of higher education. In special cases, the Provost/Vice President for Academic Affairs, upon the recommendation of the college or school dean, may grant credit for exemplary service not in rank. Such credit shall be awarded only to individuals who possess exceptional professional qualifications and achievements and is not to be construed as exempting such individuals from other institutional policies and procedures governing the awarding of tenure. Library Services faculty members who transfer from one institution to another within the Mississippi system are subject to the same probationary period in a given institution as any other Library Services faculty member who is new to the system. At the time of initial employment by the IHL Board of Trustees, a Library Services faculty member or an administrative employee whose preceding employment included faculty rank at the assistant professor level or higher and tenure may be granted tenure only if so recommended by the Dean of Library Services, Provost/Vice President for Academic Affairs, and the President and approved by the IHL Board of Trustees. In extraordinary circumstances, (e.g. extended medical leave, educational leave) Library Services faculty may submit a request for a suspension of the length of the six-year probationary period. Requests shall be submitted to the Dean of Library Services for approval by the Provost/Vice President for Academic Affairs.
Tenure Notification
Once the probationary period has been completed, a Library Services faculty member, if reappointed, may be considered for tenure. For tenure to be awarded, the President must make a recommendation to the IHL Board of Trustees in writing. The award of tenure is not vested until notice of the award is given in writing by the President, after approval by the IHL Board of Trustees, and the written notice is actually received by the Library Services faculty member.
Notice of Non-Renewal of Tenure Track Library Services Faculty
The notice that a probationary appointment is not to be renewed shall be furnished in writing by the Provost/Vice President for Academic Affairs to the Library Services faculty member according to the following schedule: (1) not later than March 1 for Library Services faculty in the first year of service at the institution, (2) not later than December 1 for Library Services faculty in the second year of service at the institution, (3) not later than September 1 for Library Services faculty who have completed two or more years of service at the institution. This schedule of notification does not apply to persons holding temporary or part-time positions, or persons with courtesy appointments, such as adjunct appointments.
Criteria for Awarding Tenure
A terminal (i.e. Master of Library Science) degree in the library field or in some instances a graduate degree in a related scholarly field. Decisions in favor of awarding tenure are made in recognition of accomplishments in response to the following criteria: professional competency, scholarship, and service, as well as the appropriate academic background for a tenure appointment. Each of the criteria is defined below.
Professional Competency Defined
Delta State University is primarily a teaching institution. However, most individuals who hold appointments as Library Services faculty do not engage in teaching semester-length formal courses. Thus, for Library Services faculty, professional competency is essential for tenure consideration. Effective Library Services faculty demonstrate qualities which may include, but are not limited to, the following: high academic standards, concern for learning, a thorough knowledge of the subject, excellent organizational skills, excellent communication skills, service ethic, respect for Library Services patrons, innovation in professional practice, and continuing professional development and education. Contributions to Library Services include, but are not limited to, instruction in accessing information and technology, collection development, reference and user services, access and control of information and equipment, leadership and supervision of personnel, providing instructional support services, development of instructional aids and research sources, and preservation or conservation activities.
Scholarship Defined
Delta State University recognizes the important contributions that scholarship makes in the advancement of Library Services. Scholarly inquiry and learning in Library Services are reflected in, but not limited to, the following: dissemination of research and scholarly findings through books, journal articles, monographs, abstracts, reviews, indexes, and presentations at professional meetings, workshops, and training sessions; presentation of creative achievements through exhibitions, performances, and publications; development of new research methodologies, studies, and surveys; compilation of bibliographies, collection research guides, and pathfinders; identification and evaluation of scholarly resources that are appropriate for the educational mission; production of instructional multimedia materials; obtainment of grants or contracts that support scholarly and creative activity; achievement of honors and awards for significant scholarly and creative activity, and participation as an editor and/or referee in support of scholarly and creative publications.
Service Defined
Delta State recognizes the importance of service as a part of its mission. The service component is based on performance in three areas: service to the Library Services faculty member’s profession, service to the University, and public service to the community that is related to the nature of the Library Services faculty member’s assignment. Efforts to advance accreditation-related initiatives, such as the Quality Enhancement Plan, shall be considered as service to the University. Evaluation shall be based on all three areas, although it is realized that differences in emphasis may exist depending on the nature of the individual’s assignment.
Library Services Tenure and Promotion Committee
Library Services shall have a standing tenure and promotion committee. This Committee shall consist of at least three persons. All of the tenured faculty members of Library Services, excluding the Dean of Library Services, shall serve on the Committee. The Committee shall elect a chair each year. If there are not at least three tenured faculty members within Library Services to meet this criterion, the tenured faculty, in consultation with the Dean of Library Services, shall appoint to the Committee faculty who are from the same discipline, and are tenured at another university. Tenure candidates shall receive notification of the non-departmental appointees to the Committee who shall be reviewing their application prior to the initiation of their review. Any concerns of the candidate regarding non-departmental appointees shall be forwarded to the Chair of the University Tenure and Promotion (T & P) Committee, who shall meet with the departmental tenure and promotion committee to seek resolution. In the absence of agreement, the Provost/Vice President for Academic Affairs will mediate a resolution. The Library Services Tenure and Promotion Committee shall have the responsibility for reviewing portfolios of candidates for tenure and making recommendations, with reasons, as to whether tenure should be granted. The Library Services Tenure and Promotion Committee shall also be responsible, with assistance from the Dean of Library Services and tenure-track faculty, for recommending tenure procedures and for recommending guidelines for the portfolio to be used by candidates from Library Services for tenure and promotion consideration.
University Tenure and Promotion Committee
Membership
Committee Chair
Charge
Meeting Procedure
Guideline for Recommending Further Consideration of an Applicant
Tenure and Promotions Appeals Committee
The University shall have a standing tenure and promotions appeals committee. The Tenure and Promotions Appeals Committee shall consist of three tenured faculty members at the rank of Professor. No two members of the Committee shall be from the same college or school, nor shall they be members of the University Tenure and Promotion Committee. The members shall be appointed by the Faculty Senate as a standing committee at the beginning of the academic year and shall serve one-year terms. Committee members shall not hear appeals from members of their respective academic department/division. If a member of the Committee cannot hear a particular appeal, the Faculty Senate President shall appoint a temporary replacement.
Tenure Application
Except under extraordinary circumstances as described in the “Length of Probationary Period” paragraph above, consideration for tenure shall not be deferred beyond the sixth full year of service. The Dean of Library Services shall notify Library Services faculty in writing of their eligibility for tenure consideration by October 1 of the sixth full year of service. By the end of six years in a tenure-track position, a Library Services faculty member shall be awarded tenure or given a terminal contract for the seventh year.
Pre-Tenure Review and Pre-Promotion Review
By February 1 of a Library Services faculty member’s second year and fourth year in a probationary appointment at the University, the Library Services faculty member shall submit his/her portfolio to the Chair of the Library Services Tenure and Promotion Committee. This Committee shall review the portfolio and make written recommendations and shall, by March 1, forward the portfolio and the committee’s written recommendation to the Dean of Library Services. The Dean of Library Services shall review the portfolio and make written recommendations and shall, by April 1, forward the portfolio and all written recommendations to the Library Services faculty member. Copies of all written recommendations to date shall be retained in the dean’s office. In cases in which minimal progress is made between the second year and fourth year, as determined by the committee or the Dean of Library Services, the Library Services faculty member shall, in consultation with the Dean of Library Services, develop and have on file in the Dean of Library Services’ office, by May 1, a plan of action for improvement. This pre-tenure and pre-promotion review process shall serve as a mentoring function for the Library Services faculty member to identify strengths and weaknesses, not as a vote on tenure/promotion consideration.
Portfolios
Library Services faculty who are eligible for tenure consideration shall compile and maintain a portfolio that provides evidence of their accomplishments in response to all three criteria used to make tenure decisions. These include: professional competency, scholarship, and service. Unless otherwise specified in the Library Services faculty member’s contract, the primary emphasis among the three criteria shall be professional competency. Evaluation shall be based on all three areas, although it is realized that differences in emphasis may exist, depending on the nature of the Library Services faculty member’s assignment. Ultimately, the portfolio must demonstrate an excellent record of Library Services faculty productivity, through performance on the three criteria: professional competency, scholarship, and service. Guidelines and suggestions for portfolios are available through the Dean of Library Services.
Portfolio Review
A candidate applying for tenure must submit for review no later than December 1 of the year in which the candidate is being considered for tenure, his/her portfolio to the Chair of the Library Services Tenure and Promotion Committee. The chair also submits a list of tenure and promotion candidates for Library Services to the dean, University T & P Committee chair, and the Provost/VPAA by December 1. The Library Services Tenure and Promotion Committee shall meet and make its recommendation (with reasons) as to whether tenure should be granted to the candidate and forward the portfolio and recommendation to the Dean of Library Services by February 1. The Chair of the Library Services Tenure and Promotion Committee will send a copy of the recommendation letter to the candidate. The Dean of Library Services shall also review the portfolio and make a recommendation (with reasons). If the Dean of Library Services’ recommendation for tenure is in disagreement with the recommendation of the Library Services Tenure and Promotion Committee, it shall be the responsibility of the Dean of Library Services to inform them of such and provide an explanation. By March 1, the dean shall send the portfolio and the recommendations from the Library Services Tenure and Promotion Committee and the Dean of Library Services to the Provost/Vice President for Academic Affairs. The dean shall send a copy of all recommendations to the chair of the University Tenure and Promotion Committee. The University T & P Committee shall schedule a meeting during the first two weeks of March to review the recommendations for compliance with IHL Board, University, and Library Services policies and procedures. The committee chair shall contact all tenure candidates to identify any potential grievance and/or concern. In the event procedural problems and/or concerns are discovered, the chair of the University T & P Committee shall meet with the Dean of Library Services to seek resolution. Annotation of any unresolved procedural problems shall be forwarded by the chair of the University T & P Committee to the Provost/Vice President for Academic Affairs as soon as possible after the meeting of the University T & P Committee and no later than the fourth Friday in March. The Provost/Vice President for Academic Affairs shall review each candidate’s portfolio and make a recommendation (with reasons) regarding the award of tenure and shall forward the portfolio and the tenure recommendations to the President by April 1, citing any unresolved procedural problems and/or concerns from the University T & P Committee. If the recommendations regarding tenure from the Provost/Vice President for Academic Affairs’ or the President is in disagreement with any of the previous recommendations, it shall be the responsibility of the Provost/Vice President for Academic Affairs or the President to inform the candidate, the Library Services Tenure and Promotion Committee, the dean, and the chair of the University T & P Committee and provide an explanation. The recommendations for tenure submitted by the Provost/Vice President for Academic Affairs and approved by the President shall be transmitted to the IHL Board of Trustees for confirmation at its May meeting. Upon Board approval, successful candidates shall be notified in writing by June 1 by the President.
Appeal
Candidates who are not recommended for tenure shall be notified in writing by the Provost/Vice President for Academic Affairs by April 15. Library Services faculty members who wish to appeal must refer the case to the University Tenure and Promotions Appeals Committee by May 1. This committee shall hold a hearing within fifteen days to review the decision and submit a recommendation to the President, who shall make a final determination within seven days and notify the candidate of such in writing. Library Services faculty who wish to appeal the final decision of the President to the IHL Board of Trustees have thirty days to do so effective from the date of notification by the President and should follow the procedures outlined in section 403.0104 of the Policies of the IHL Board of Trustees.
The selection of candidates for employment at the University shall be approved by the President and the Board of Trustees of State Institutions of Higher Learning, as appropriate. The Board of Trustees of State Institutions of Higher Learning has the sole power and authority to select the president of the University and to contract with deans, members of the faculty, and executive, administrative, managerial, and other professional employees of the University who receive contracts. The president of the University has the sole power and authority to authorize the employment of the administrative, managerial, and other professional staff who do not receive contracts. Deans/directors of the various divisions/departments have the power and authority to employ support staff.
Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.
Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.
PROCEDURES and RESPONSIBILITIES
Prospective employees shall be provided written letters of offer. Specific items to be included in the letter of offer are listed below.
Faculty, Executive, Administrative, Managerial and Other Professional Staff Receiving Contracts
Terms shall include rank/title (if appropriate), salary rate, date employment begins, contract period (either 9 or 12 months), and policies of contract renewal and tenure (if appropriate). Faculty members who are offered administrative positions shall retain rights of tenure in the academic department where tenure was granted. The additional salary, if any, for the administrative positions shall be stated in the letter of offer and the employment contract and shall not be paid to faculty members when they cease to hold the administrative position. A statement shall also be made that employment is contingent upon Board approval and upon proof that the employee is a U.S. citizen or has lawful authorization to work in the United States. (See sample letter).
Administrative, Managerial and Other Professional Employees Not Receiving Contracts
Terms shall include title, salary rate, date employment begins, payment terms and a statement that the letter of offer is not a contract or offer of a contract. A statement shall be made that employment is contingent upon the president's approval, proof that the employee is a U.S. citizen or has lawful authorization to work in the United States, and continued availability of funding (See sample letter.)
Terms shall include position title and level, rate of pay, date employment begins, work hours, a statement about whether the department/unit requires overtime work and how the overtime work is compensated, whether with compensatory time or overtime pay, and a statement that the letter of offer is not a contract or offer of a contract. A statement shall be made that employment is contingent upon proof that the employee is a U.S. citizen or has lawful authorization to work in the United States, and continued availability of funding.
Terms include any special conditions of employment such as a statement of funding availability for time-limited positions or ending date of employment, if temporary, must be noted in the letter of offer. Sample statements of special conditions are:
1. Funding for this position is through a grant/contract from (name of funding agency) for the period (date) to (date). Continued employment is contingent upon additional external funding.
2. This position is for the period (date) to (date) and is contingent upon continued availability of external funding.