41.013:  Termination: Non-Renewal Based on Discontinuance of Position of Administrators

SUPERCEDED as of July 1, 2009

Current Version

Status:	Approved on October 28, 2002	Signatures and dates on archival copy
Effective:	September 1, 2002
Initiated by:	John Burns Director of Legal Affairs
Reviewed by:	Nancy Prichard Crist, Chair Policy and Procedure Review Committee
Endorsed by:	Gary North Vice President for Administration
Approved by:	Stephen Kopp Provost

Purpose

To define an equitable policy and procedure for the notification of non-reappointment when a position is discontinued.

Policy

It is the policy of Ohio University to provide reasonable procedures for the non-renewal of an Administrator based upon discontinuance of the position.

Procedures

If non-renewal is based on the discontinuance of a position either for budgetary reasons or because the function is eliminated, the notice of non-renewal shall include a written statement of the reason(s) for discontinuing the position.

I.  Notice

Such notice shall be forwarded no later than 15 days following the final action by the Board of Trustees on the University's budget for the next fiscal year. The employment termination date will be effective 90 calendar days from the date of mailing, except in cases where an Administrator has a contract for a period of less than 12 months.

II.  Notification Requirements

The 90-day notice applies from the date of notice to the beginning date of what would have been an Administrator's expected contract period for the following fiscal year. For example, an Administrator normally employed for 12 months would require notice by April 2nd; the University would continue payment of the Administrator's present contract rate following June 30th of that year for whatever part of the 90-day notice period remained. An Administrator normally employed for nine (9) months (September 15th - June 15th, for example) would require termination notice by June 17th to avoid continued employment and pay beyond September 15th. In no case shall an Administrator who is on less than a 12-month contract receive payment for the period in which work is not normally performed by the Administrator.

In all cases where the termination period extends into the following fiscal year and payment to the Administrator is to be made after June 30th for services, a term appointment shall be issued at the same rate of pay that the employee received during the year of termination. If an additional appointment to cover the 90-day notice is issued, the employee can choose to work that time and have all accumulated vacation paid in a lump sum at the end of the supplemental appointment. He or she also may choose to take some or all earned vacation during that 90-day period. Without the supplemental appointment to give 90-day notice of termination, the employee falls under Ohio University Policy 41.001, "Vacation for 12-Month Administrative Presidential Appointees."

Prior to non-renewal of appointment due to the discontinuance of a position, the administration of the University shall make every effort within the confines of affirmative action policies to place the person in another suitable position within the University. If an appointment is not renewed due to the discontinuance of a position, the position will not be filled by a replacement for a period of two (2) fiscal years unless the released person has been offered reappointment.

III.  Appeal

The Administrator whose position is being discontinued may grieve the decision as outlined in Policy 41.011, "Grievance Procedure for Contract Administrators."

IV.  Exclusions

The above provisions do not apply to either Special Appointments which are terminated for financial reasons or Term Appointments; see Ohio University Policy 40.106, "Administrative Appointments."

Reviewers

Proposed revisions of this policy should be reviewed by:

1. Policy and Procedure Review Committee

2. Administrative Senate

3. Assistant V.P. for Administration for Human Resources

Forms

There are no forms that are specific to this policy.

Dick Piccard revised this file (http://www.ohio.edu/policy/s41-013.html) on July 1, 2009.

Please E-mail any comments or suggestions to "policy@ohio.edu".