CHAPTER 9

EMPLOYEE BENEFITS

9.0 The Employer will maintain and contribute to the cost for the current hospitalization and medical program for employees regularly scheduled to work at least thirty (30) hours per week (1,560 hours per year). Employees regularly scheduled to work twenty (20) or more hours per week but less than thirty (30) hours per week are eligible for the hospitalization and medical program by paying the University the difference between the University's full contribution and the full-time equivalent cost (e.g. for an employee scheduled to work twenty (20) hours per week, the University will pay fifty percent [50%] of the specified contribution and the employee will pay fifty percent [50%]). If an employee elects not to pay the prorated contribution, the employee will not be covered for this benefit. Employees must complete and file an application in accordance with the Employer's and the Administrators' regulations.  The University reserves the right to change the carrier or administrator of a plan at its discretion.

9.1 Hospitalization and Medical Insurance

9.1.1 The University funds a hospital and medical group plan which provides comprehensive hospital and medical coverage for the employee and the employee's dependents.

9.1.2 Northern Michigan University will maintain and contribute to the cost of the current hospitalization and medical program for full-time management employees (Executive, Coaches, Senior Administrators, Senior Management, Academic Deans and Department Heads) who complete and file applications in accordance with the University's and administrator's regulations.

9.1.2.1 The Employer's estimated contribution to the health program for each participating bargaining unit member will be approximately 80% of average costs, beginning in 2011-2012.  The estimated contributions are as follows:

2012 estimated average employee cost:  $2,400

2013 estimated average employee cost:  $2,600

2014 estimated average employee cost:  $2,800

9.1.2.1.1 In order to help mitigate the cost increases associated with the 80/20 contribution targets, the University agrees to create a Health Reimbursement Account for each participating employee.  In subsequent years, additional deposits may be made, depending on how actual costs compare to the estimates noted above, as determined by the employer.

9.1.2.1.2  Deductions for co-share amounts of the estimated average employee cost for participating employees will be payroll deducted on a pay-as-you-go bi-weekly schedule through the NMU Premium Conversion Plan, which means that contributions will be withheld in such a way that they are not subject to state, federal, Social Security, or Medicare withholding.  The dollar amounts of withholding may be increased or decreased annually without further specific authorization, corresponding to the estimated average employee cost noted above, provided that employees receive 30 days’ advance notice of the amount of any increase in withholding.  

9.1.2.1.3  Average cost is defined as the total of claims or premiums, administrative fees, reinsurance, Employer’s share of FICA, and stop loss premiums divided by the average number of University employees covered during the health plan year.

When calculating the average cost per year for the hospitalization and medical program, the calculation includes a $2.50 per covered employee per year to help fund wellness activities of the Health Care/Wellness Committee.

9.1.2.1.4  Prescription Drug Coverage

The Employer agrees to provide Prescription Drug coverage with the following co-pays:

                NMU Health Center -- $10 generic/$20 non-generic
                Retail -- $15 generic/$30 non-generic
                Mail order -- $15 generic/$30 non-generic

9.1.2.1.5  The University expects to continue this benefit as long as finances permit. Employees will be afforded sixty (60) days' notice of termination of this benefit.

9.1.4 All eligible employees should enroll within thirty (30) days of employment. Failure to enroll during this period may result in being excluded from coverage until the next general enrollment period (usually December).

9.2 Dental Insurance

9.2.1 The University will contribute the full cost per employee of a family plan premium for eligible employees for a defined dental plan for all participating employees.

9.2.2 Participation in the plan is optional for all full-time employees. Participation in the plan will become mandatory when the dental plan of any other University employee group becomes a mandatory participation plan unless an employee is currently covered by another dental plan and provides proof of such coverage to the University and/or insurance carrier.

9.2.3 The plan must maintain the level of participation of the employees on roll as determined by the carrier.

9.2.4 The University will assume the administrative costs necessary to collect deductions, to submit payments to the insurance carrier, to enroll employees, and to communicate with the insurance carrier regarding administration of the plan.

9.2.5 Less than Full-Time Appointments

9.2.5.1 Employees scheduled to work twenty (20) or more hours per week but less than thirty (30) hours per week who complete and file applications in accordance with the University's and administrator's regulations may receive dental insurance by paying the University the difference between the employee's entitlement and the full-time equivalent cost.

9.2.6 Payroll deductions will be deducted in advance for coverage for the following month.

9.3 Optical Insurance

9.3.1 The University will contribute the full cost per employee of a family plan premium for eligible employees for a defined optical plan for all participating full-time employees.

9.3.2 Participation in the plan is optional for all full-time employees. Participation in the plan will become mandatory when the optical plan of any other University employee group becomes a mandatory participation plan unless an employee is currently covered by another optical plan and provides proof of such coverage to the University and/or insurance carrier.

9.3.3 The plan must maintain the level of participation of the employees on roll as determined by the carrier.

9.3.4 The University will assume the administrative costs necessary to collect deductions, to submit payments to the insurance carrier, to enroll employees, and to communicate with the insurance carrier regarding administration of the plan.

9.3.5 Less than Full-Time Appointments

9.3.5.1 Employees scheduled to work twenty (20) or more hours per week but less than thirty (30) hours per week who complete and file applications in accordance with the University's and administrator's regulations may receive optical insurance by paying the University the difference between the employee's entitlement and the full-time equivalent cost.

9.3.6 Payroll deductions will be deducted in advance for coverage for the following month.

9.4 Federal law provides for the temporary extension of health, dental, if applicable, and optical, if applicable, coverage for employees and/or their families at group rates under certain circumstances where coverage under the health plan would otherwise end. Details of this law known as the Consolidated Omnibus Budget Reconciliation Act (COBRA) are available in the Human Resources Department.

9.5 Life Insurance

9.5.1 The University will pay the premiums for group, term-life insurance equal to an employee's annual base salary rate, (rounded to the next highest multiple of $1,000), with an accidental death and dismemberment rider for all full-time employees.

9.5.2 The appropriate forms for this coverage must be completed within thirty (30) days of obtaining full-time status.

9.5.3 Additional personal coverage, or supplemental life insurance, may be obtained through payroll deduction at the employee's cost.  Coverage can be up to five (5) times an employee's annual salary.

9.5.4 Coverage for spouse and/or dependent children may also be obtained through payroll deduction at the employee's cost.

9.5.5 Less than Full-Time Appointments

9.5.5.1 Employees who are regularly scheduled to work at least twenty (20) hours per week will be entitled to university-paid life insurance proportionate to the time scheduled to work.

9.6 Insurance Obligation

9.6.1 The University's only obligation with respect to all insurance coverage shall be payment of insurance premiums as above provided.

9.6.2 The amount and nature of benefits and the commencement and duration of coverage for any program shall be as provided in the master insurance policy and the carrier's or administrator's rules and regulations.

9.7 Retirement

9.7.1 All full-time employees are required to participate in Teachers Insurance and Annuity Association-College Retirement Equities Fund (TIAA-CREF) and will be automatically enrolled upon their appointment.

9.7.2 Contribution to the program is made by the University. The employee may elect to have additional contributions deducted from the employee's salary according to the applicable retirement program rules and regulations.

9.8 Tuition Scholarship Program

9.8.1 Tuition scholarships will be awarded to employees, spouses, dependent children, son, stepson, daughter, stepdaughter, or a legally adopted child, on a space available basis.

9.8.2 Employees, spouses, dependent children, son, stepson, daughter, stepdaughter, or a legally adopted child shall be allowed to take an unlimited number of credit hours per semester.

9.8.3 Employees may enroll in courses up to a maximum of four (4) credit hours during regular working hours. Arrangements for such time off must be made with the immediate supervisor. All time so devoted will be made up within the same biweekly pay period through arrangements with the immediate supervisor and/or department head. If the employer assigns an employee to take a class offered only during the employee's scheduled work time, the employee shall not be required to make up the time.

9.8.4 In the event of death to an employee who had at least fifteen (15) years of service at NMU, the surviving spouse, as long as he/she does not remarry, and those defined in 9.8.1 and in accordance with University policy , may participate in the program until they complete their course of study.

9.8.5 In the event of an employee's death, the surviving spouse, as long as he/she does not remarry, and dependent children and those defined in 9.8.1 who are participating in the Tuition Scholarship Program as specified in Section 9.8.2 at the time of the employee's death, may continue in the program until they complete their course of study.

9.8.6 Those who participate in the Tuition Scholarship Program are not eligible to receive additional University funded scholarships or grants.

9.9 Bookstore Discount

9.9.1 All full-time employees, their spouse, and dependents living in the home shall be entitled to receive a twenty percent (20%) discount on all books purchased at the Bookstore and a ten percent (10%) discount on all other items. These discounts shall not apply to sale items or to cap and gown rentals and purchases.

9.10 Recreation Membership

9.10.1 Employees may acquire a single recreation membership for themselves by completing the annual application process. The cost of an annual family membership may, in the alternative, be reduced by the cost of a single membership for the family of such employees. Employees may sponsor one person for a recreation membership at the reduced rate afforded family members of employees.

9.11 Flexible Spending Accounts

9.11.1 The University offers an employee the ability to have an employee-funded health care and/or dependent care flexible spending account.  NMU offers two types of Flexible Spending Accounts (FSA's) which allows full-time employees to deposit money on a pre-tax basis from their paycheck into an account.  The two accounts are known as 1) the FSA for health care expenses; and 2) the FSA for dependent care expenses.  Funds can then be withdrawn from your account to cover approved out-of-pocket expenses for health care or dependent care.

9.12 Family Care Leave

9.12.1 Employees may use eighty (80) hours of paid Family Care Leave per fiscal year for the confining illness or injury to members of the immediate family (spouse, designated individual, children, parents, parents-in-law, brothers, sisters) and any person for whose financial or physical care the employee is principally responsible.

9.12.2 The first forty (40) hours will be at one hundred percent (100%) of base wages. The next forty (40) hours will be at seventy-five percent (75%) of base wages. Employees will use accumulated and unused annual leave to make up the difference between the seventy-five percent (75%) Family Care Leave and full salary.

9.12.3 Once an employee uses eighty (80) hours of Family Care Leave, additional time required for the care of a family member must be taken as personal leave days, annual leave, floating holiday, if available, or unpaid leave. The University reserves the right to review cases on an individual basis and to require documentation.

9.12.4 The first forty (40) hours of Family Care Leave will not be counted toward the twelve (12) week mandatory protection offered by the Family Medical Leave Act (FMLA).

9.13 Personal Leave Days

9.13.1 Employees will be granted twenty-four (24) hours of paid personal leave on July 1 of each year. Personal leave may be used in one (1) hour increments and may be scheduled as needed by the employee with prior approval of the supervisor. Personal leave cannot be carried over into the next fiscal year and will not be paid upon change in employment status.

9.13.2 New employees hired between July 1 and December 31 will be granted twenty-four (24) hours of personal leave on their date of hire. New employees hired between January 1 and April 30 will be granted twelve (12) personal leave hours on their date of hire.

9.14 Workers' Compensation

9.14.1 Employees who suffer an injury compensable under the Workers' Compensation Act and who are awarded such compensation shall be paid the difference between the employee's regular wages and payment received under the provisions of the Act for a maximum of six (6) consecutive months.

9.14.2 Employees who have been disabled for six (6) consecutive months and are unable to return to work may, if eligible, apply for long-term disability benefits as specified in Section 9.17.

9.15 Sick Leave

9.15.1 Employees who are regularly scheduled to work forty (40) hours per week may remain on sick leave, at one hundred percent (100%) of base wages, for a period not to exceed two hundred and forty (240) hours, six (6) weeks, in a fiscal year. Employees who have used two hundred and forty (240) hours of sick leave and are unable to return to work, as evidenced by a statement from their physician, may be eligible to receive short-term disability benefits as outlined in Section 9.16.

9.15.2 Employees who are regularly scheduled to work at least twenty (20) hours per week but less than forty (40) will be entitled to sick leave proportionate to the time actually worked.

9.15.3 All payments for sick leave shall be made at the employee's current rate of pay.

9.15.4 Any sick leave taken for less than a full day will be charged in increments of tenths of one (1) hour. (e.g., absence for two (2) hours and five (5) minutes would be charged at two and one-tenth (2.1) hours of sick leave.)

9.15.5 Sick leave shall be available for use by employees for the following purposes:

9.15.5.1 Personal illness or incapacity over which the employee has no reasonable control.

9.15.5.2 Absence from work because of exposure to contagious disease which, according to Marquette County Health Department standards, would constitute a danger to the health of others by the employee's attendance at work.

9.15.5.3 Medical and dental extractions or treatment to the extent of time required to complete such appointments when it is not possible to arrange such appointments for nonworking hours.

9.15.6 Employees who have exhausted their sick leave and are still unable to return to work, must apply for either a leave of absence for illness or disability as specified under Section 7.7.2.5 or short-term or long-term disability as specified under Sections 9.16 or 9.17, whichever is applicable.

9.15.7 An employee using sick leave during a period that includes a scheduled holiday will be paid for the holiday but will not be charged a day of sick leave.

9.15.8 Employees are required to notify their department or division head of all absences due to sickness on a daily basis. Where an employee is expected to be hospitalized or confined to his/her home, the employee must notify Human Resources and together with the  employee's department or division head may arrange for notification at appropriate intervals.

9.15.9 An employee who has been severely ill or who has been hospitalized because of illness or surgery must provide a statement from the employee's personal physician stating that the employee is able to resume his/her assigned duties, including any limitations attached thereto.

9.15.10 In the case of extended sick leave absences or in an effort to determine the validity of an employee's use of sick leave, the employee may be requested to furnish a physician's statement of physical condition to the Human Resource Department who shall be responsible for verifying absence due to illness or disability.

9.15.11 The University affirms its obligation to comply with applicable State and Federal Law regarding the confidentiality and use of employee medical records. Employee medical records will be accessible only to University employees who have a demonstrable need for such access.

9.16 Short-Term Disability

9.16.1 When the two hundred and forty (240) hours (six weeks) of sick leave have been exhausted as specified in Section 9.15.1, employees who are eligible for disability coverage under the University's Long-Term Disability Insurance Program are covered by Short-Term Disability Program benefits proportionate to their regular appointment period as follows:

9.16.1.1 Upon receipt of satisfactory medical evidence of disability (inability to discharge regular duties), the Director of Human Resources or his/her designee will authorize payment of seventy-five percent (75%) of the employee's base salary and all of the employee's fringe benefit payments. Employees will use accumulated and unused annual leave to make up the difference between the seventy-five percent (75%) short-term disability payment and full salary.

9.16.1.2 The benefits provided in the preceding paragraph will continue until the Long-Term Disability Insurance Program becomes effective, or until the employee recovers and resumes his regular duties, or until the employee dies, but the benefits will in no event continue for a period longer than the first of the month following six (6) consecutive months of total disability.

9.16.1.3 Once regular sick leave has been exhausted and the employee is placed on short-term disability, the employee shall cease to earn vacation.

9.16.1.4 An employee who returns to work after having received short-term disability will be required to requalify for sick leave benefits by working a period of twenty (20) consecutive work days unless the subsequent disability arises from a cause unrelated to the original disability. The only exceptions to this requalification may be made by the Director of Human Resources or his/her designee in cases of very serious illness or disability. Exceptions shall be granted at the sole discretion of the employer and any such decision to grant or deny any exception shall not be disputed.

9.16.2 Employees who are not eligible under the Long-Term Disability Insurance Program will be paid under the provisions of the Sick Leave and Short-Term Disability Policies. Once these benefits have been exhausted, salary payments will cease. Employees may be eligible for an unpaid Illness or Disability Leave as specified in Section 7.7.2.5.

9.17 Long-Term Disability

9.17.1 The current policy provides for the payment of sixty percent (60%) of the regular yearly salary with a maximum monthly limitation as specified by the policy for all full-time employees who have been employed one (1) full year or longer and who, in the opinion of our carrier, are considered to be totally disabled.

9.17.2 The University will pay the full cost of a Long-Term Disability Insurance Program.

9.17.3 The definition of total disability is specified in the Insurance Policy. You must be under the regular care of a physician, other than yourself or a member of your family.  

9.17.4 The University will provide fully paid hospitalization, family dental insurance, if applicable, family optical, if applicable, and one (1) times regular annual salary as group life insurance as provided by our carriers for those receiving long-term disability benefits to a maximum of two (2) years.

9.17.5 Employees who receive benefits under the Long Term Disability Program will be considered to be on an illness or disability leave for a maximum of two (2) years at which time all benefits and employment shall terminate.

9.17.6 Please refer to Section 7.7.1, General Conditions, regarding leaves of absence without pay.

9.18 Annual Leave

9.18.1 All full-time, twelve- (12) month employees will accrue vacation according to the following schedule:

Years of Continuous           Annual Accrual Rate                Maximum Accrual
Service at NMU                        Hours (Days)                            Hours (Days)

1 through 5                                      120 (15)                                 180 (22.5)

6 through 10                                    160 (20)                                  240 (30)

11 and over                                       200 (25)                                 300 (37.5)

With the exception of coaches, less than twelve- (12) month employees will accrue vacation at the same accrual rate during the specified period of their appointment.

9.18.2 Employees with annual leave balances above the maximum accrual limit as specified above must reduce their balance to the appropriate maximum accrual limit, or below, at which time all days above the maximum accrual limit will be lost.

9.18.3 An employee must be compensated for forty (40) hours of the pay period in order to accrue vacation.

9.18.4 Accumulated vacation may be used as earned.  Vacation will be granted at the convenience of the Employer.

9.18.5 When a regular paid holiday is observed by the University during the time the employee is on vacation, the employee will not be charged with a vacation day.

9.18.6 Employees in positions financed by grants will abide by the vacation schedules as specified in Section 9.18.1 except when the terms of the grant are established exclusively by a source outside the University and specify otherwise.

9.18.7 Departments or divisions which experience "slack" or "down" periods may require that vacation time be used during these periods. The minimum increment to be so used is one (1) day.

9.18.8 Employees employed on appointments less than twelve (12) months and whose position is related to the academic calendar will in most instances be required to take their vacation during the periods when classes are not in session.

9.18.9 Actual time off must be taken in order to receive payment for vacation except an employee will receive pay in lieu of actual time off under the following circumstances:

9.18.9.1 Retirement; or

9.18.9.2 Cessation of employment; or

9.18.9.3 Death, in which case the pay for unused vacation will be paid to the beneficiary as designated on the Authorization to Disburse Earnings and Allowances Form on file in the Human Resources Department, if any, or to the estate.

9.18.10 Employees accrue vacation while on vacation and sick leave except those terminating their employment will not accrue vacation days beyond the last day worked.

9.18.11 Employees who are regularly scheduled to work at least twenty (20) hours per week will be entitled to vacation days proportionate to the time actually worked.

9.18.12 The employer shall reimburse employees who lose travel or accommodation deposits made in connection with annual leave under the following conditions:

9.18.12.1 The employee must notify the supervisor and the Human Resources Department in writing, at least ninety (90) days in advance of the annual leave date, the amount of the deposits and of the latest possible date on which the employee can cancel the reservation without financial loss.

9.18.12.2 If the employer subsequently cancels the employee's annual leave after the latest possible date on which the employee could cancel the reservation without financial loss, the employer shall reimburse the employee for said loss.

9.18.13 When employees transfer to another position in which no annual leave may be earned, employees will be paid the value of unused annual leave up to the appropriate maximum accrual limit. When employees transfer to a position with a lesser maximum accrual limit, employees will be paid for any annual leave hours above the new maximum accrual limit.

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CHAPTER 10

RETIREMENT

10.1 To be considered a retiree and eligible for retirement benefits and privileges as a retiree of Northern Michigan University, regardless of the retirement program in which an employee participates, the total of an employee's age and years of service at Northern Michigan University must equal or be greater than seventy (70) as of the retirement effective date and the employee must have a minimum of ten (10) years of full-time service with the university.

10.2 Written notice of retirement should be submitted to the Human Resources Department at least four (4) months in advance of the retirement date. The notice should include a request to post-pone publicity if desired.

10.3 Retirement income benefits vary depending upon the employee's election, made at the time of hire, to participate in the Teachers Insurance and Annuity Association-College Retirement Equities Fund (TIAA-CREF) retirement plan or MPSERS.

10.4 Medical/hospitalization benefits will depend upon the retirement plan chosen at the time of hire.  Employees who participated in the TIAA-CREF retirement plan may purchase medical/hospitalization coverage through the University, at their own expense via COBRA benefits (refer to Chapter 9, Section 9.4).  Employees who participated in MPSERS are provided group medical/hospitalization coverage on a fee basis through the Office of Retirement Services (ORS).

10.5 The University has a Retirees Association open to all NMU retirees regardless of the position in which they were employed. Membership in the Northern Michigan University Retirees Association affords benefits subject to university rules.

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CHAPTER 11

INTERIM APPOINTMENTS AND TEMPORARY ASSIGNMENTS

11.0 Definitions

11.1 Interim Appointment. An assignment to a position other than the one regularly held by an employee during a recruitment and selection period or during the time the regular incumbent is on a leave of absence.

11.2 Temporary Assignment. Giving of additional, not closely related, duties which are not ordinarily part of the responsibilities assigned to an employee's position for a stated period of time.

11.3 Compensation

11.3.1 Employees given interim appointments to positions in a higher salary grade will be compensated at the minimum of the salary range for the position to which the employee is appointed for classified positions or at a rate which is not more than ten percent (10%) higher than the rate they were earning prior to the appointment, whichever is higher. An increased rate of compensation will continue for the duration of the appointment. The employee will revert to the former rate of pay earned at the conclusion of the interim appointment plus any inflationary, equity, and/or merit adjustments that would have been made during the period of the interim appointment.

11.3.2 Employees given temporary assignments for a period exceeding four (4) weeks will receive a wage increase of not more than ten percent (10%) for the period beginning with the fifth week through the conclusion of the temporary assignment. The employee will revert to the former rate of pay earned at the conclusion of the temporary assignment plus any inflationary, equity, and/or merit adjustments that would have been made during the period of the temporary assignment.

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CHAPTER 12

DISCIPLINE

12.0 Disciplinary action may be taken with respect to any employee covered by the Personnel Policy Manual, provided there is a reasonable rationale related to the operation of the University for imposing the discipline, and the discipline administered is reasonable in light of the objectionable behavior and the employment history of the employee.

12.1 Types of Action

12.1.1 Warnings, reprimands, suspensions, docking of pay, and discharge are among the various types of actions which may be imposed for inappropriate employee behavior.

12.2 Whenever possible, the supervisor will discuss, in private, disciplinary actions with the employee at the time the action is being taken.

12.3 Employees shall be given a copy of any disciplinary action which is placed in the employees' personnel record. Reasonable efforts shall be made to ensure the employee receives such copies prior to the time they are delivered to the Human Resources Director for filing.

12.4 Employees who are recommended for discharge shall ordinarily be suspended without pay pending action by the Human Resource Director, and/or the Board of Trustees, on the recommendation. Such a suspension without pay shall occur only after the employee has been given notice of the reasons for the discharge and has had an opportunity to respond to the reasons given or the circumstances leading to the discharge.

12.5 Persons subjected to disciplinary action who are appointed to Executive Management, Senior Management, Senior Administrator, or Coach employee class positions and believe the University did not meet the requirements for the disciplinary action taken may dispute the disciplinary action in accordance with the provisions of Chapter 14. Members of the President's Council do not have access to the dispute resolution.

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CHAPTER 13

SEVERANCE OF EMPLOYMENT

13.1 Nonrenewal

13.1.1 Term. The employment relationship between the university and an employee appointed on a Term basis, as defined in Chapter 2, shall terminate as of the end date of the appointment without any notice other than is contained in the then current Employment Agreement.

13.1.2 Year-to-Year. The employment relationship between the university and an employee appointed on a Year-to-Year basis will continue unless the university gives the same period of notice that would be given an employee with the same years of service who is being laid off. The University may, in the alternative, provide pay in lieu of notice, or a combination of pay and the notice required for an employee being laid off.

13.1.3 Nonrenewal of an appointment shall not be disputed by the employee.

13.2 Resignation

13.2.1 Covered personnel shall notify the University in writing at least thirty (30) calendar days in advance of the effective date of the resignation. The letter of resignation must be submitted to the department or division head.

13.4 Discharge

Employees being discharged for misappropriation of University property, falsification of university records, or moral turpitude, will ordinarily be suspended without pay pending action of the Board of Trustees, and/or the Human Resource Director, on the recommendation to discharge the employee. Such a suspension without pay shall be effected after the employee is given the reasons for the discharge and has had an opportunity to respond to the reasons given or the circumstances leading to the discharge. The Secretary of the Board of Trustees may communicate the Board's action on a recommendation to discharge to the affected employee.

13.5 Nondisciplinary Termination

13.5.1 Employees who, for medical, personal, or other reasons not within their direct control, are not able to regularly perform the duties of their position, may be terminated by the University.

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CHAPTER 14

DISPUTE RESOLUTION

14.1 Dispute Resolution Process

14.1.1 This Dispute Resolution Process is available to non-probationary Senior Administrators, Senior Management and Coaches for review of decisions affecting their employment. This process is not to be used for matters relating to classification, discrimination/harassment, performance evaluation, or properly determined wage rates. This procedure is not applicable when a policy specifically excludes a decision from being reviewed under this procedure.

14.2 Informal Dispute Resolution Process

14.2.1 The employee should discuss concerns with decisions affecting their employment with the immediate supervisor for the purpose of attempting to develop a satisfactory solution. This must be done within seven (7) calendar days from the date of the occurrence causing the concern or from the date the employee became aware of the issue. If no satisfactory resolution is effected at this level, the employee may elect to file a formal complaint about the decision by following the process outlined:

14.3 Formal Dispute Resolution Process

14.3.1 Step 1 - Supervisor/Department Head

14.3.1.1 Within fourteen (14) calendar days from the date the employee became aware of the issue or after discussion of the matter with the immediate supervisor in the informal process, the employee shall put his/her concern(s) in writing and submit it to the immediate supervisor. A copy shall be submitted to the head of the department, and any intermediate level of supervision between the immediate supervisor and the department head.

14.3.1.2 If the employee reports directly to one of the Vice Presidents or the President, he/she may initiate the formal procedures at Step 2.

14.3.1.3 Upon receipt of the written appeal, the immediate supervisor will meet with the employee and investigate the matter. The immediate supervisor will consult with the head of the department and other intermediate levels of supervision as deemed necessary. Within twenty-one (21) calendar days of receipt of the appeal, the immediate supervisor will give a written response to the employee and send a copy to the head of the department.

14.3.2 Step 2 - Vice Presidents/President

14.3.2.1 If the employee is not satisfied with the decision of the immediate supervisor, he/she may appeal the decision by submitting a written appeal to the appropriate Vice President (or the President for employees working for the President's Office) within seven (7) calendar days of receiving the immediate supervisor's response. This appeal should include copies of the original appeal, the supervisor's answer, and the employee's response to the supervisor's answer, if any. The appropriate Vice President/President will meet with the employee and investigate the complaint. The Vice President/President may consult with the head of the department and other individuals as deemed necessary. Within fourteen (14) calendar days of receipt of the appeal, the appropriate Vice President/President will give a written response to the employee. The decision of the Vice President/President is the final step of this appeal process.

14.4 Extensions of Time

14.4.1 The parties may modify any period of time by mutual agreement.

14.4.2 Failure by the employee to appeal a resolution from one step to the next shall result in the resolution being settled on the basis of the University's last answer.

14.5 Award

14.5.1 Any adjustment of a resolution agreed upon by the University and the employee at any stage of the dispute resolution process will conclusively be considered resolved and shall be binding upon the University and the employee.

14.5.4 Monetary awards shall be limited to actual damages only.

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CHAPTER 15

POSITION REVIEW PROCEDURE

15.1 Non-represented Employees

15.1.1 The purpose of this Position Review Procedure is to provide for fair and equitable position market match and pay range for non-represented employees.

15.2 In the event of the addition of new job duties not inherent or otherwise a part of an employee's current realm of responsibility, the employee or the university may initiate a revised position description which will be forwarded through proper channels to the appropriate Division Head. If the Division Head does not approve of the change in job content, the responsibilities of the position shall revert to the status quo duties before the change. If the Division Head approves of the changes in job content, the following administrative procedure will be in effect. Each supervisor within the administrative channel shall review and forward the questionnaire to the supervisor at the next level. The Division Head will approve or disapprove of the changes in job content within a reasonable period of time.

15.2.1 The position description will be forwarded to the Human Resource Department.

15.2.2 The position description and current market match will be evaluated.  Any proposed salary increase will be recommended to the President of the University for approval.

15.2.3 The salary adjustment will be effective the day of the recommendation, if accepted by the President of the University.

15.2.4 If the recommendation is not accepted by the President of the University, the responsibilities of the position shall revert to the status quo duties before the change in job content.

15.2.5 If circumstances warrant, the Director of Human Resources may approve an earlier date for pay of promotion other than that specified in Section 15.2.

15.2.4 Six (6) months must elapse before a position can be submitted for reevaluation unless the Human Resource Department agrees to waive the time limitation.

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