Section 4: Faculty Employment Policies

Introduction
The Office of the Dean of the Faculties (DOF)
Human Resources
Faculty Member Search and Selection Process
Equal Employment Opportunity, Diversity, and Inclusion
Appointment Process
Employment of Relatives
Dual Career Policy
Employment of Non-resident Aliens
Re-employment of Retirees
Orientation
Recruitment of Faculty with Terminal Degrees from FSU
Faculty Classifications
Dual Compensation
Outside Activity/Conflict of Interest
Benefits
Retirement
Attendance and Leave 
Faculty Relations
Disciplinary Action and Job Abandonment
Suspension and Dismissal of Faculty; Peer Hearing (6C2-4.0335)
Collective Bargaining
Collective Bargaining Contract Administration
Terminating Employment
Resignation
Non-Reappointment
Layoff 

Introduction

As the University's chief academic officer, the Provost and Executive Vice President for Academic Affairs establishes all policy regarding faculty employment issues.  The Dean of the Faculties and Deputy Provost (DOF) administers these academic policies and collaborates with Human Resources (HR) to implement all faculty employment actions.  The DOF office Web site (http://dof.fsu.edu) is an excellent resource for information and contacts for faculty members as well as administrators seeking information relevant to faculty. Information pertaining to insurance and retirement benefits may be obtained directly from Human Resources via their Web site (http://hr.fsu.edu).

The Office of the Dean of the Faculties (DOF)

The DOF provides faculty members with information concerning academic policies and processes such as assignment of responsibilities, evaluation, promotion and tenure, and opportunities for sabbatical and professional development leave, as described in the Faculty Development section of this handbook. DOF also assists with the facilitation and the operation of the Faculty Governance System.

The Dean and the professional staff within the Office of the Dean of the Faculties meet with and advise faculty members concerning interpretation of University rules and faculty policy; assist with the resolution of informal complaints; provide confidential advice to faculty members; advise deans and department chairs concerning University rules, polices, precedents, and procedures; and provide official interpretations of the University Constitution. Labor contract negotiations and the administration of the labor agreement with the United Faculty of Florida (UFF) are also responsibilities of DOF.  In addition, the DOF Office coordinates (in conjunction with appropriate offices such as The General Counsel's Office, Audit Services, Human Resources, etc.) the resolution of faculty disciplinary actions, including complaints of alleged sexual harassment, leaves pending investigation, suspension or dismissal, and general faculty grievances.

The Dean, who also serves as Deputy Provost and is third in order of succession in the administration of the University, gives official rulings on questions of academic protocol and procedural matters for academic convocations and related formal functions. By delegation, the Dean exercises the Agency-Head authority of the President to make emergency exceptions to University Rules in the Academic Affairs area.

On behalf of the Dean, the Associate Dean of the Faculties meets with students who have questions or complaints about University policies as applied by faculty members and deans; and receives student appeals concerning application of University policies. Together, the Dean and the Associate Dean serve as a resource to all academic units regarding faculty/student issues and processes, including academic integrity, grade appeals, and general grievances.

With the assistance of the Associate Dean, the Dean of the Faculties makes decisions on requests related to academic regulations that are referred from the academic deans and oversees the development of proposals for new degrees and certificate programs.

Human Resources (HR)

HR provides support to the faculty through its collaboration with DOF within the bounds of DOF policies relating to faculty employment actions.  This includes the procession of faculty appoinments, reappointments, status changes, salary changes, reclassifications, reassignments, funding changes, leaves of absence, terminations, leave payouts, and other employment actions relation to faculty employees.  HR is also the source for information pertaining to insurance, benefits and retirement.

HR also provides services in the following areas: recruitment, employment, position classification, grievances, counseling, retention, and development of non-faculty employees such as Administrative and Professional (A&P) and University Support Personnel System (USPS), and non-faculty Other Personnel Services (OPS) employees.

The HR Web site (http://hr.fsu.edu) is an excellent resource regarding these matters.

Faculty Member Search and Selection Process

[Reference: University Regulation on Faculty Appointments 6C2-4.027; University Constitution, Article VI, Section A; and the FSU Search and Screening Guide.]

The search and selection process is administered by the designated hiring official and, in most cases, includes a selection committee. An excellent resource for hiring officials and selection committees is The Florida State University Search and Screening Guide, which can be located online at http://diversity.fsu.edu/index.cfm?page=search_screening.  This guide sets forth uniform search and screening guidelines, pursuant to federal and state regulations as well as internal University policies and procedures for advertising and recruitment.

The filling of any faculty position is subject to reconsideration whenever it becomes vacant. When a vacancy occurs, or is anticipated, the department chair or hiring supervisor is expected to ascertain from the appropriate authority whether the vacancy may be filled. If approval is granted, the chair must initiate a search for the most qualified candidate for the position. In addition to other recruitment efforts, all vacancies must be posted on the Human Resources web site and must include an advertisement deadline.

Departments must secure reliable and detailed information on candidates so that decisions are based on their relative merits. The candidates reaching the final stages of the search should be invited to the campus for personal interviews with department faculty and appropriate officials. The department should document its evaluation of the candidates and any tentative agreements reached.

When an agreement has been reached regarding the best applicant for the position, a recommendation for appointment should be made by the department chair or other hiring supervisor to the dean or other appropriate administrative officer. Candidates selected for final consideration should be provided with the following information: title and nature of position, salary, type of employment contract, first-year assignment, the mission of the department, instructional load, other duties, and information about FSU.

Equal Employment Opportunity, Diversity, and Inclusion

The University is committed to a policy of non-discrimination for any member of the University community on the basis of race, creed, color, sex, religion, national origin, age, disability, veteran’s or marital status, or any other protected group status. This policy applies to faculty, staff, students, visitors and contractors in a manner consistent with applicable federal, state and University laws, regulations, orders, and rules. The University is committed to creating an educational environment that encompasses fairness, respect, and trust that is free from mistreatment, discrimination and harassment.

The University is also committed to diversity and has taken on initiatives geared toward recruiting, developing, and retaining diverse faculty and staff. The Task Force on Women Faculty and the Provost’s Diversity Recruitment Initiative are examples. The Office of Equal Opportunity and Compliance (EOC), housed within HR with dual reporting responsibilities to the Assistant Vice President and Chief HR Officer and the Dean of the Faculties, is charged with facilitating university-wide access and compliance in the areas of equal opportunity, equity, and affirmative action. EOC fosters diversity and inclusion of university-wide education programs and employment activities through collaboration with the DOF and all other divisions and departments.

The university-wide Equal Opportunity statement is signed by the President and disseminated annually, and is posted throughout the campus. The current year’s statement may be located online at: http://diversity.fsu.edu/index.cfm?page=ODC_EEO_Statement.

The Appointment Process

Once the hiring decision has been made, and the appointment has been authorized by the appropriate administrative official(s), an offer is extended to the candidate by the dean or other appropriate hiring official. The candidate must be issued an offer letter and an employment contract, which specify the conditions of employment. The offer cannot be made for more than one year. Typically, 9-month tenure track and non-tenure-track faculty have employment contracts that begin in Aug. for the 39 consecutive weeks that make up the academic year, and are subject to non-renewal unless the faculty member is tenured. Supplemental summer contracts may be offered for all or part of the remainder of the year. Employment contracts for 12-month tenure-track and non-tenure-track faculty typically begin in Aug., and are also subject to non-renewal unless the faculty member is tenured. (See ‘Non-Renewal’ under Faculty Development section.)

The offer of employment is conditioned upon the return to the hiring authority of a duly executed copy of both the offer letter and the employment contract by a specified date. Any offer of employment that offers tenure to the candidate must clearly state that the President’s approval for granting tenure will be reported to the FSU Board of Trustees. For additional information on offer letters and employment contracts, refer to the DOF Web site at http://dof.fsu.edu/. Refer to ‘Administrative Tools for Deans’ in Blackboard section.

When the offer has been accepted, the completed faculty appointment is processed by the academic dean or director and forwarded to HR. The following supporting documentation should be submitted to HR with the appointment: offer letter and a current vita with a date stamp indicating the date the vita was received. The date stamp on the vita should reflect a date that is prior to the application deadline to verify that the faculty member applied before the deadline. Send the original completed employment contract to DOF.  Other supporting documentation to HR must include an official confirmation of the faculty member’s academic degree from the registrar of the degree-granting institution, three letters of recommendation, and the Affirmative Action Form AA186. Spoken English Competency must be certified for teaching faculty members. In addition, with appointment documents for non-citizens, two copies of the appropriate valid employment authorization are required to process the appointment papers.

For additional information regarding the employment of non-United States citizens, refer to the immigration process outlined on the DOF Web site at http://dof.fsu.edu/appointments.htm. Any forms outlined above can be located on the DOF Web site at: http://dof.fsu.edu/.

All faculty positions must be assigned a title, a job code, and an employee class, which defines certain conditions of an appointment. Faculty members hold nine-month (academic year contract), 12-month (annual contract), or 10-month (FSUS faculty; see FSUS-UFF Agreement) type appointments. The following are descriptions of employee classes:

Acting: This employee class applies to an appointment for a limited time to fill a vacancy that occurs in a faculty position to which primarily administrative duties have been assigned. The appointee may or may not receive compensation for the additional or replacement duties. The appointment time will not be counted as tenure-earning service unless the University notifies the employee in writing otherwise at the time of appointment.

Adjunct: This employee class applies to temporary appointments extended to persons of satisfactory professional qualifications who perform temporary teaching, research, or other functions in connection with established programs. Such persons are appointed for one academic term at a time, are normally compensated on a per-course or per-activity basis, and are compensated from Other Personal Services (OPS) funds. Adjuncts may not be employed for more than 50 percent FTE throughout a year (fall semester through summer semester) or full-time for more than 26 weeks of a year, unless approved by the president or president’s designee on an individual basis due to special circumstances. Time spent in such an appointment shall not be counted as tenure-earning service. The “Visiting-in-Lieu-of Adjunct” class is used for those persons who teach graduate level courses.

Affiliate: This employee class applies to those situations where a faculty member appointed in one department or unit participates in some functions of other departments or units. Compensation is not provided with this appointment.

Clinical: This employee class may be used in conjunction with those professional positions involved in teaching, research, or extension functions in a hospital or other clinical environment in connection with established programs. The University shall notify the appointee in writing of the tenure-earning status of the position at the time of appointment.

Courtesy: This employee class applies to those appointments to a department which do not include compensation, but which may include special privileges such as voting in departmental affairs, and are made in accordance with normal faculty qualifications. Persons appointed with this status may or may not be otherwise affiliated with the University.

Emerita/Emeritus: This employee class may be conferred on a tenured faculty member, as Professor Emerita/Emeritus, or on a faculty member completing service as dean in one of the university-wide deanships in the Division of Academic Affairs as Dean Emerita/Emeritus. This employee class is an honorary title in recognition of distinguished service to the University.

Honorary: This employee class applies to those appointments extended to individuals having distinction and honor in their fields, but who do not possess the normal requirements for the position. Compensation is not provided with such an appointment.

Joint College: This employee class applies to the appointment of a faculty member to a college or similar unit administered jointly by more than one University. Although appointed and employed by only one of the participating universities, each faculty member so designated is considered a faculty member of the other participating universities for purposes of carrying out the teaching, research, and service responsibilities of the college or similar unit.

Provisional: This employee class applies to the appointment of a person who is not fully qualified, according to the class specifications, but who is expected to acquire such qualifications in a short period of time. The appointment time may or may not be counted as tenure-earning service. The University shall notify the appointee in writing of the tenure-earning status of the position at the time of appointment.

Regular: This employee class identifies a continuing appointment or an original temporary appointment expected by the University to be followed by a continuing appointment. This employee class is not included in the title.

Research: This employee class may be used in those instances where a person holding professional rank is engaged primarily in research. Appointment time may or may not be counted as tenure-earning service. The University shall notify the appointee in writing of the tenure-earning status of the position at the time of appointment.

Visiting: This employee class applies to an appointment extended to a person having appropriate professional qualifications, but who is not expected to be available for more than a limited period of time, or to a position at the University, which is not expected to be available for more than a limited period of time. An employee may not be appointed in this class for more than three years, except in special circumstances as determined by the University. The appointment is not tenure earning, but time in visiting status may count toward tenure once regular status is obtained for applicable job codes. The University shall notify the appointee in writing of the tenure-earning status of the position at the time of appointment.

Employment of Relatives

Employment of relatives within a single organizational unit is permitted, provided that it does not involve a conflict of interest. A conflict of interest includes, but is not limited to, participation by the relative in making recommendations or decisions specifically affecting the appointment, retention, tenure, work assignments, evaluation, promotion, demotion, or salary of the related person. Prior to the employment of a relative, the University President, or the President’s designee should determine that a conflict of interest will not occur.

When the employment of relatives, including spouses, appears necessary, prior to the appointment the department chair or immediate supervisor, through his or her dean or other appropriate level administrator, must submit to the Dean of the Faculties a memorandum justifying the proposed appointment so that approval may be sought from the President or the President’s designee. The appointment may be made only after approval has been received. For non-faculty employees requests must be submitted to the Chief Human Resources Officer for review. If endorsed, the request will be forwarded to the President or the President’s designee prior to the employment of the relative.

The memorandum justifying the appointment should include an explanation of the administrative arrangement that will be in place to eliminate the direct supervision of one relative by another in matters pertaining to appointment, retention, tenure, work assignments, evaluation, promotion, demotion, and salary.

“Relatives” are defined as those persons related to each other in one of the following ways: spouse, parent, child, brother, sister; or spouse of a child, brother, or sister.

Dual Career Policy

When a faculty candidate has a spouse or partner who also is seeking employment, the University will attempt to make possible the hiring of both individuals, by either seeking to locate and appropriate University position or by referral to local employment opportunities. The hiring authority should take steps in conjunction with the Office of the Provost in these instances.

Employment of Non-resident Aliens

All non-resident aliens are subject to Federal immigration laws, which regulate their employment and their conditions of residence in the United States.  For detailed information regarding employment of non-resident aliens, go to: http://dof.fsu.edu/appointments.htm, and refer to the Immigration Process section.

Re-employment of Retirees

There are statutory restrictions on re-employment of all employees who retire as members of the Florida Retirement System (FRS) during the first twelve months after retirement. These may be found at Section 121.091, Florida Statutes at http://www.flsenate.gov/Statutes/.

Employment of a retiree within the first six full calendar months after his/her effective date of retirement will void the retirement and cause the loss of any benefits such as a DROP account.  If re-employed during months seven through twelve after the effective date of retirement, the retiree will forfeit his/her monthly retirement benefit for those months that she/he is re-employed and receives a paycheck.  After one year following the effective date of retirement, retirees may receive both a monthly retirement benefit and a paycheck at the same time.

No retiring employees may be re-employed using any source of University funding, whether E&G, Contract and Grant, Auxiliary, Foundation or other Direct Support Organization, without obtaining prior approval from the Provost for such re-employment. Approval is granted for at most one year at a time.  The dean, or other appropriate level administrator, must submit to DOF a memorandum containing the following information so that approval may be sought from the Provost.

Information to be Included in Requests for Approval

Requests for approval must include statements addressing the following points:

• Benefit to the University, including the justification described above for teaching needs
• Source of funds
• Amount to be paid
• Dates that the requested employment will cover
• Type of appointment (OPS/ adjunct or other)
• Statement, signed by faculty member, that he or she understands that the use of University resources (to include salary, space, and facilities) is reviewed on a regular basis, and that this employment does not imply a commitment of those resources beyond the dates of employment
• Endorsement by the chair if the request comes from a departmentalized college

Note: Assignment of space to retired faculty will be taken into account when requests for space are received from academic units.

Orientation

Attending orientation is important to becoming accustomed to the University’s mission, goals, policies and practices. The University offers two types of orientation sessions for newly hired faculty. New Employee Orientation (NEO) for faculty and staff is offered by HR and takes place on a biweekly basis throughout the year and on a weekly basis in the fall. NEO covers benefits information, orientation to HR policies and procedures and other information to assist new employees with becoming oriented to FSU. NEO is offered online as well at: http://hr.fsu.edu/Content/NEOnline/index.html

The orientation session hosted by the Office of the Dean of the Faculties takes place annually in August. This orientation is aimed at orienting new faculty members to the mission and goals of the University. The agenda covers information related to employment, such as benefits and retirement information, and key messages from the President, Provost, Dean of the Faculties, and Vice Presidents. The session stresses the three components of a tenure-track faculty member’s assignment of responsibilities: Teaching, Research or Creative Activity, and Service. The orientation process includes a two-day program, as well as a social and a dinner so that new faculty members can socialize and connect with their peers.

If this orientation is attended, there is no need to attend the orientation hosted by HR. However, if newly hired tenure-track faculty wish to attend the orientation session hosted by HR prior to this session to obtain advanced information, such as information pertaining to benefits, then both orientation sessions should be attended.

Recruitment of Faculty with Terminal Degrees from FSU

A person with a terminal degree from the University is not eligible to be hired into a regular, tenure-track position, unless that person has been away from campus in other employment for a period of at least five years following receipt of the terminal degree.

The Provost and Vice President for Academic Affairs may make exceptions to this policy for affirmative action reasons. Typically, exceptions to this policy will not be granted unless it can be shown that the candidate is a member of an underrepresented group in the department seeking the exception. Before recruiting a candidate who may be eligible for an exception, administrators should consult with DOF regarding whether an exception is likely to be granted. Requests for exceptions must be submitted by the Academic Dean through the Dean of the Faculties, to the Provost and Executive Vice President for Academic Affairs.

Faculty Classifications

Appropriate classifications for faculty positions are based on the needs of the department/unit and in accordance with the specifications listed for each classification. To determine the classification of a position or to reclassify a position, refer to the specifications listed on the HR web site at the following link: https://hrapps.fsu.edu/class_specs_public/index.cfm?fuseaction=view.faclist

To reclassify a faculty position, the department/unit must consult with the dean of the college or appropriate administrator. The Office of the Dean of the Faculties should be consulted to ensure the appropriate steps are taken to finalize the reclassification. Requests to reclassify must be sent to DOF so that approval may be sought from the Provost and Executive Vice President for Academic Affairs.

Questions regarding faculty classifications should be directed to the Office of the Dean of the Faculties.

Dual Compensation

The Council of Deans approved a change in the approval procedures of faculty dual compensation requests: Faculty dual compensation requests no longer require approval by Academic and Professional Program Services (APPS; formerly CPD). The approval process that ensures compliance with University dual compensation guidelines has been delegated to the appropriate deans or directors, with the Dean of the Faculties approval.

Definition of Dual Compensation

Dual Compensation is defined as compensation from the University for employment in excess of one full-time equivalent established position (1.0 FTE). This means faculty members may be employed in excess of 1.0 FTE by more than one department within the University, provided such employment meets all of the following conditions:

• Approval by the Dean or Director of both the primary and secondary employing unit. Approval must be requested and granted prior to the dual compensation appointment and/or the performance of any work with the secondary employer;
• Involves activities such as teaching courses on a branch campus (e.g., the Panama City Campus), conducting workshops not associated with the employee’s regularly assigned duties, and teaching continuing education courses as well as other activities involving continuing education. [Note: The Dean or Director also has the authority to approve dual compensation under extenuating circumstances that would require immediate secondary employment upon approval];
• Does not interfere with the regular work of the faculty member for the primary department;
• Does not result in any conflict of interest between the two activities;
• Is compensated from OPS, not salary funds;
• Is offered to qualified faculty members before anyone who is not a faculty member. No faculty member is required to accept a dual compensation appointment.

Compensation for additional duties assigned within the same department continues to be handled through a temporary salary increase (TMPRP).

Exception

During the summer term, some dual compensation restrictions do not apply provided that the faculty member’s total compensation is not over the amount that would be received from a 1.00 FTE appointment for the entire summer term (6.5 pay periods). Specifically, dual compensation during the summer may occur within one department, and may encompass activities other than teaching courses at a branch campus, conducting workshops or continuing education. Even though dual compensation is permitted under these conditions, the Dual Compensation Request/Approval form is still required.  Refer to summer instructions for faculty members who teach at the Panama City campus and/or teach for Academic and Professional Program Services (APPS; formerly CPD) (http://dof.fsu.edu/Appointments).

Procedures and Approval Process

The secondary employing department is responsible for determining if a dual compensation situation exists and initiating and securing the appropriate approval(s) on the Dual Compensation Request/Approval form prior to employing the faculty member (http://dof.fsu.edu/Forms). The following procedures listed must be followed in the order listed.

The secondary employing department must:

• Initiate and complete the Dual Compensation Request/Approval form;
• Obtain signature(s) from the secondary employing supervisor/department chair;
  Obtain the faculty member’s signature;
• Obtain the signature(s) from the primary employing dean/director/department head;
• Obtain the signature(s) from the secondary employing dean/director/department head;
• Obtain approval from the Office of Sponsored Research Accounting Services if the secondary employment is Contract and Grant funded;
• Obtain final approval from the Dean of the Faculties, (if faculty) or Human Resources (if non-faculty).   After final approval, DOF will forward the faculty dual compensation form to HR.
• Send pPAF to Human Resources for attachment to approved dual compensation form and processing.

Dual Compensation Outside the University

For any secondary activity employment outside of the University, the faculty member should fill out the Faculty Outside Activity Statement form (http://dof.fsu.edu/Forms).

Outside Activity/Conflict of Interest

Outside activity is defined as private or public practice, private consulting, additional teaching or research, or other professional activity, compensated or uncompensated, which is not part of the faculty member’s assigned duties and for which the university has provided no compensation.

A Conflict of Interest is defined as any conflict between the private interests of the faculty member and the public interests of the University, or the State of Florida, including conflicts of interest specified under Florida Statutes, or any activity that interferes with the full performance of the faculty member’s professional or institutional responsibilities or obligations. Conflicts of interest, including those arising from University or outside activities, are prohibited.

The Florida State University encourages University faculty and academic staff to undertake outside activities, subject to the conditions stated in this policy on outside activity, which will increase the employee’s professional reputation and service to the community. If an outside activity is undertaken, the faculty member or academic staff must take reasonable precautions to ensure that the outside employer or other recipient of services understands that the faculty member or academic staff is engaging in such outside activity as a private citizen and not as an employee, agent, or spokesperson of the University. A faculty member must not engage in any outside activity which the employee may reasonably conclude may create a conflict of interest or which may interfere with the full performance of the faculty member’s academic responsibilities in the classroom and in non-classroom administrative, research, and advising obligations. Before assuming or continuing any outside activity, an Outside Activity form (FSU Form FOA 802) must be completed and approved by the chair/supervisor and dean/director/vice president.

After all necessary approvals have been received, the original of this form must be submitted by the dean/director to the Office of the Dean of the Faculties.

It is not necessary for employees whose activities are in the nature of offering services, such as private consulting or expert witness appearances, on an intermittent or recurring basis to a variety of individual clients throughout the year to submit a separate form for each occurrence. Instead, a single form giving general information about the nature of the activity may be submitted at the beginning of the year.

If the outside activity extends from one academic year through another, a new outside activity statement must be submitted for each additional academic year involved.

Florida Statutes, Part III, Chapter 112

Florida Statutes, Part III, Chapter 112, provide that no faculty or staff member shall engage in any outside activity that interferes with the full performance of his or her assigned duties. They further provide that such activities shall not create a conflict of interest, which is defined in Chapter 112.312 to mean a situation in which regard for a private interest tends to lead to disregard of a public duty or interest. The responsibility for complying with these provisions of Florida law is placed upon the faculty or staff member.

Prohibitions under Chapter 112, Florida Statutes

Unless the conditions cited in the Chapter 112.313(12) exemptions listed below apply, the following activities of faculty and academic staff are prohibited:

1. No employee may rent, lease, or sell realty, goods or services to any institution of the State University System at which that individual is employed, unless the contract was entered into before October 1, 1975, or before beginning public employment. (Chapter 112.313(3), F.S.)
2. No employee may have an employment or contractual relationship with a business entity which is doing business with the State University System or any of its institutions. (Chapter 112.313(7), F.S.)
3. No employee may corruptly use or attempt to use that employment or any property or resource within that employment to secure a privilege, benefit, or exemption for such employee or anyone else. (Chapter 112.313(6), F.S.)
4. No employee may disclose or use information not available to the general public which was gained because of that employee's position for personal benefit or for the personal benefit of another person or business entity. (Chapter 112.313(8), F.S.)
5. No faculty member shall require the use of a textbook written by the faculty member without complying with University policy concerning the use of such textbooks.

Exemptions under Chapter 112.313(12), Florida Statutes

No employee shall be held in violation of Items 1. and 2. of Section II in doing business with the State University System or any of its institutions if any of the following conditions apply:

1. The business is awarded under a system of sealed, competitive bidding to the lowest or best bidder and: (a) the employee or the employee's spouse or child has in no way participated in the determination of the bid specifications or the determination of the lowest or best bidder; (b) the employee or spouse or child has in no way used or attempted to use his or her influence to persuade the institution or any personnel thereof to enter such a contract other than by the mere submission of the bid; and (c) the employee prior to or at the time of the submission of the bid has filed a statement with the Department of State disclosing the interest of the employee, spouse, or child in and the nature of the intended business.
2. The purchase or sale is for legal advertising in a newspaper for any utilities service or for passage on a common carrier.
3. An emergency purchase or contract must be made in order to protect the health, safety, or welfare of the citizens of the state or any political subdivision thereof.
4. The business entity involved is the only source of supply within the political subdivision of the employee (generally interpreted to be the University) and there is full disclosure by the employee of the employee's interest in the business entity to the University prior to the purchase, rental, sale, leasing, or other business being transacted.
5. The total amount of the subject transaction does not exceed $500.
6. The business transaction is specifically approved by the President of the University and is made pursuant to Chapter 1004.23 or 1004.22, F.S. These sections authorize the University to establish and operate a division of sponsored research and obtain and manage patents and copyrights on products resulting from research programs.

Interference with Performance of Assigned Duties

The determination of whether or not and to what allowable extent a given outside activity of a faculty or academic staff member interferes with the performance of assigned duties is the responsibility of the person's department chairman or appropriate supervisor, who is expected to apply sound professional judgment based upon standard practice in the particular field or discipline. This determination is made pursuant to the following general provisions of Florida law and University Policy:

1. No employee shall solicit or accept anything of value that would be influential to the performance of assigned duties or that is based upon an understanding that the official action or judgment of the employee would thereby be influenced. (Chapter 112.313(2), F.S.)
2. o employee shall have an employment or contractual relationship that will create a continuing or frequently recurring conflict between that employee's private interests and the performance of assigned duties. However this shall not prohibit an employee from having an occupation when that occupation by a person holding such public employment is required by law. (Chapter 112.313(7), F.S.)
3. In determining the allowable extent to which a teaching faculty member's classroom teaching assignment may be modified by rearranging schedules or providing substitute instructors to accommodate approved outside activities, the approving authority shall take into account not only the standard practice in the field or discipline but also the extent to which the outside activity benefits the program, the institution, and the faculty member as discussed in Section I above.
4. Any outside activity that involves both an employee and the employee's supervisor in a relationship, such as business relationships, which affects the ability of the supervisor to perform normal supervisory duties relative to that employee is prohibited.

Use of University Facilities in Outside Activities 

Approval of any proposed outside activity which includes an intended use of University facilities, equipment, or personnel may be conditioned upon reimbursement to the University for any additional costs resulting from such use. Outside employment may be approved but use of University facilities, equipment, or personnel denied. If the intended use of University personnel is approved, such personnel may not be compensated by the University for work performed in connection with the outside employment and must obtain approval for such work as outside employment pursuant to University policy.

Development of Commercially Valuable Products

Normal activities of faculty and academic staff of graduate research universities often lead to discoveries which have the potential of being developed into commercially valuable products. Such development is encouraged under University Copyright and Patent policy administered by the Vice President for Research. Faculty and staff members making such discoveries should consult with the Vice President for Research as soon as it becomes apparent that such development is possible. University policy includes the following provisions:

1. All patentable inventions and technological developments discovered or developed by a faculty or academic staff member while employed by the University shall be disclosed to the Vice President for Research. Disclosure of discoveries or inventions made during the course of approved outside employment may be delayed when necessary to protect the outside employer's interests until the decision has been made whether to seek a patent.
2. Except for discoveries or inventions made during the course of approved outside employment, a discovery or invention which is made in the field in which the investigator is employed by the University or by using University funds, facilities, materials, equipment, personnel, or proprietary technological information is the property of the University and the inventor shall share in the proceeds therefrom as shall be negotiated with the Vice President for Research and reflected in a written contract between the University and the faculty or staff member.
3. All discoveries or inventions made outside the field in which the discoverer or inventor is employed by the University and for which the University has provided no support are the private property of the inventor. However, the Vice President for Research, acting for the President, and the inventor may agree that the patent for such discovery and invention be pursued by the University and the proceeds shared.
4. While a faculty or academic staff member may engage in approved outside employment pursuant to a consulting agreement, requirements that the inventor's or University's rights to any patentable inventions or discoveries which arise during the course of such outside employment be waived must be approved by the Vice President of Research, acting for the President. The faculty or academic staff member who proposes to engage in such outside employment shall furnish a copy of this provision, and a copy of Article 18 of the FSU BOT - UFF Collective Bargaining Agreement if in-unit, to the outside employer prior to or at the time the consulting agreement is executed.

Financial Disclosure Policy

Faculty and academic staff members are reminded that they must comply with the financial disclosure provisions of Florida law. The Florida Commission on Ethics publishes a Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees annually. A copy of this document and any information related to financial disclosure may be obtained from the Commission on Ethics, P.O. Drawer 15709, Tallahassee, FL 32317-5709, or by calling 904-488-7864. The “Code of Ethics for Public Officers and Employees” adopted by the Legislature is found in Chapter 112 (Part III) of the Florida Statutes.

University Review Committee on Outside Activities

If questions arise concerning the application of any of these standards and guidelines, any employee of the University may seek an advisory opinion from the University Review Committee on Outside Activities.  An in-unit faculty member may file a grievance in accordance with the Collective Bargaining Agreement 19.5.  This Committee shall consist of five tenured faculty members appointed by the President of the University after consultation with the Faculty Senate Steering Committee and the Vice President for Research. The terms of Committee members shall be determined by the President, who shall designate one member to chair the Committee.

Provision for administrative and staff support for the University Review Committee on Outside Activities shall be made by the Vice President for Research. The following are included in the charge to the Committee:

1. The Committee shall provide advice and interpretation when requested by a department chairman, dean, or other appropriate supervisor who has received a request to approve an outside activity of a faculty or academic staff member.
2. The Committee shall provide advice and interpretation when requested by a faculty or academic staff member who is considering requesting approval for an outside activity.
3. The Committee may consider both hypothetical and real situations.
4. When a department chairman, dean, or other appropriate supervisor has denied approval for an outside activity on which the Committee has not been consulted previously, the affected faculty or academic staff member may request that the Committee review the action taken. If the Committee concludes that the outside activity could have been approved under these guidelines, it shall consult with the approving authority to seek resolution of the matter. Should satisfactory resolution not be attained, the Committee may recommend to the President that the activity be approved.
5. When necessary the Committee may seek advisory opinions concerning matters before it from the State of Florida Commission on Ethics.
6. The Committee shall exercise a continuing overview of the functioning of these standards and guidelines and related University policy. From time to time, when appropriate, it shall report to the President and recommend any modifications to policy that it deems desirable for the best interests of the University. Such recommendations also might include suggestions that the University seek modifications to State Law in this area.

Benefits

Insurance

Employees hired into salaried positions (non-OPS) are eligible to participate in the benefit plans offered by the University. Employees must make a decision to either enroll or not enroll in the insurance plans within 60 days from the date of hire or they must wait until the annual open enrollment period. Benefits plans are subject to change but any changes are communicated to all University employees from the HR Benefits Office.

Brochures outlining eligibility requirements, benefits and costs in more detail than the following brief descriptions are available from Human Resources. The HR Web site is also a good resource for benefits information. New FSU employees should attend new employee orientation to obtain further information and sign up for benefits. For additional information or enrollment forms, visit the Benefits section on the HR Web site (http://www.hr.fsu.edu/).

The State of Florida Pre-tax Benefits Plan

The State of Florida Pre-tax Benefits Plan allows an employee to pay for benefits from gross earnings before taxes are calculated. Participation in this is automatic. To waive participation, an employee must submit a Pre-tax Premium Waiver form. Eligible pre-tax benefits include: State health insurance, State life insurance, Medical and Dependent Care Reimbursement accounts, and supplemental insurance plans.

Health Insurance Coverage

The State of Florida provides comprehensive health insurance programs for salaried employees, as well as spouses and children through the State Employee’s Preferred Provider Organization (PPO) plan or a Health Maintenance Organization (HMO). These plans provide hospitalization, physician and pharmaceutical coverage. The coverage is effective the first of the month following enrollment and the payment of the first month’s premiums through payroll deduction. The State of Florida pays a portion of the premium for all salaried employees. Changes to coverage are not permitted unless there is a “Qualifying Status Change Event” (QSC). These events include, but are not limited to:

• Marriage or divorce
• Death of a spouse or child
• Birth or adoption of a child
• Employment or termination of the insured or spouse
• Transfer to a non-eligible employment classification
• Child(ren) become eligible or ineligible for coverage due to a change in age and/or education status
• An HMO member moves out of the HMO service area
• Commencement or return from a medical or unpaid leave of absence
• Change in status from part-time to full-time for insured or spouse
• Change in status from full-time to part-time for insured or spouse

Coverage changes must be made within 31 days from the time the event occurs; otherwise, employees must wait until the annual open enrollment period.

Life Insurance

The State of Florida provides life insurance coverage with a corresponding amount of Accidental Death and Dismemberment Insurance. The amount of coverage is determined by one and one-half times the employee’s salary for most employees. The State pays a portion of the premium for all salaried employees. Additional coverage is available for up to five times an employee’s annual base salary.
Optional life insurance is available through approved carriers. Premiums are paid entirely by the employee at reduced group rates and may be payroll deducted.

Supplemental Insurance Plans

Supplemental insurance plans are offered to provide coverage for pre-tax insurance plans (dental, vision, hospitalization, intensive care, cancer, short-term disability, and accident) and post-tax benefits (auto/homeowners, long-term care, long-term disability, and optional life insurance). The employee pays the full supplemental insurance premiums.

Flexible Spending Accounts

One of the features offered through the Pre-tax Benefits Plan is the option of a Medical Reimbursement Account and/or Dependent Care Account. Contributions to these accounts are on a pre-tax basis and offer reimbursement for dependent care and health related expenses not covered by health insurance. Any money contributed to the account that is not used during the applicable calendar year will be forfeited. Like all pre-tax programs, changes or additions to reimbursement accounts are prohibited unless there is a qualifying status change.

Annual State Open Enrollment

Each year, for a minimum of 30 days, the State of Florida has an open enrollment period. During this period, employees may make changes to their pre-tax benefits. Such changes include, but are not limited to: electing new coverage, adding or dropping dependents, changing health and supplemental companies, electing to participate in a flexible spending account, or canceling coverage. Enrollments and/or changes made by employees during the open enrollment period will be effective on Jan. 1 of the following year. It is the employee’s responsibility to make the necessary or desired changes during this specific time period.

Tax Sheltered Annuities

The University tax sheltered annuity program offers a variety of plans and investment options available under Section 403(b) and 457 of the Internal Revenue Code. Employees may reduce their taxable income by contributing to a tax-sheltered annuity. Enrollment in a supplemental annuity may occur at any time and all employees may participate. To obtain a current listing of approved annuity companies, visit the Benefits section of the HR Web site, or contact the Benefits office.

Employee Tuition Scholarship Fund

Salaried full-time employees are eligible for the Employee Tuition Scholarship Funds. Eligible employees may enroll in academic classes for up to six credit hours of instruction per semester at FSU without having to pay tuition and registration costs. For more information regarding the Employee Tuition Scholarship Fund, visit the HR Web site.

Faculty Member Seeking Advanced Degree

No faculty member above the rank of instructor (e.g., assistant professor, associate professor, or professor) may work toward an advanced degree at the University.  Exceptions are made when the faculty member already holds the terminal degree in her/his field and wants to pursue another Ph.D. in a different field or pursue a less advanced degree than the degree the faculty member holds (e.g., a faculty member holding a Ph.D. may pursue a Master’s Degree).

Miscellaneous Programs

The University offers several programs available to employees through payroll deduction. These include U.S. Savings Bonds, State-sponsored Childcare Centers, Florida Pre-paid College Program, Florida College Investment Plan, Leach Recreational Center, and the Star Metro Bus Pass Program.

Faculty are eligible to purchase an “R” or “RP” decal, authorizing parking only in designated “R” parking areas or in areas specified for “all FSU permits. “ R” parking areas are reserved for the use of the vehicles bearing parking permit “R,” “RP,” “C,” and “E,” between the hours of 7:30 a.m. and 4:30 p.m. on all class days, examination periods, semester breaks and registration periods. These areas are delineated by signs and/or red parking lines. Between 4:30 p.m. and 6:00 p.m. all parked vehicles must bear any valid FSU parking permit or decal and may park in any unreserved parking area without regard to permit designation and may park in general metered spaces without charge.

The Florida State University offers the Seminole Express bus service to facilitate easier access on campus for all faculty, staff, and students. Employees are encouraged to take advantage of this free bus system to assist them in their day-to-day movement around campus. For specific routes, please contact the Office of Parking & Transportation or the Star Metro Station.

Retirement

The University currently provides three active retirement plans for employees: the Florida Retirement System Pension Plan, the Florida Retirement System Investment Plan, and the Optional Retirement Plan. Retirement benefits are paid to employees upon their retirement. Current participants may also retire from the Teachers’ Retirement System or the State and County Officers’ and Employees Retirement System.

Retirement contributions are paid by the University for all salaried employees. A brief description of the plans is provided below. These procedures provide a cursory retirement guide for University employees. For additional information, the official Division of Retirement Web site and guidelines should be consulted http://www.rol.frs.state.fl.us/. The Benefits Section within HR can also answer questions regarding retirement benefits.

Retirement Programs

• The Florida Retirement System Pension Plan (FRS) is a defined benefit pension plan sponsored by the State of Florida. Upon completion of six years of creditable service, members are vested in the plan and are eligible to receive a lifetime income benefit upon retirement. The amount received is based on the member’s age, years of creditable service, the value of each year of service, and the average final compensation. The University pays the full cost of the plan.
• The Florida Retirement System Investment Plan is a defined contribution plan sponsored by the State of Florida. Upon completion of one year of creditable service, employees are vested in the plan. The amount of the benefit at retirement is determined by the contributions made by the University and the performance of the investment choices. Contributions are directed into an individual account and the employee decides how to allocate the contributions among various investment funds. This plan does not accept employee contributions.
• The Optional Retirement Plan (ORP) is a defined contribution pension plan sponsored by the State of Florida. Each pay period, the University contributes a percentage of earnings in an annuity. Regardless of the length of service, participants receive a lifetime monthly annuity income at retirement that is based on the amount of funds contributed, the investment earnings of those funds, and the type of annuity selected. Participants may choose to contribute to their selected annuity in accordance with Internal Revenue Code regulations. 
• The Teacher’s Retirement System (TRS) and the State and County Officers and Employees Retirement System (SCOERS) are available for retirement purposes to existing members only. A detailed description of these retirement options may be obtained from the Division of Retirement or the Human Resources Benefits office.

Deferred Retirement Option Program (DROP)

Effective July 1, 1998, the University offers an early retirement incentive option. All eligible FRS members of the pension plan may elect to participate in the Deferred Retirement Option Program (DROP). The DROP is an alternative method for payout of retirement benefits for up to 60 months after a member reaches age 62 or has completed 30 years of employment with the University or any FRS employer. The DROP allows a member to have his or her retirement benefits deposited monthly into an annuity account, which earns interest, while the member simultaneously continues to work. The purpose of this program is to provide a means for retirees to accumulate additional savings while continuing employment.

Eligibility Criteria

An employee must be either age 62 and vested (with at least six years of service under the FRS Pension Plan) or must have completed 30 years of service to join the DROP program. If an employee completes 30 years of service before age 57, he or she may defer participation in DROP and elect to join at any time between the month he or she completes 30 years and the month he or she reaches age 57 and still be eligible to participate for five years. If the employee misses that date and wishes to participate, he or she still has 12 months to join DROP, but loses one month of DROP participation for each month he or she delays joining after age 57. The employee would no longer be eligible to participate in DROP starting the month he or she becomes age 58.

Special risk employees (such as police officers) must be either age 55 or must have completed 25 years of service and be vested in the FRS to be eligible to participate.

Length of Participation

The maximum length of participation is 60 months following the date the employee first reaches normal retirement age or satisfies the eligible years of service. If the employee on DROP does not cease all employment with the University or other FRS employers within 60 months of entering DROP, he or she will lose the accumulated funding in the DROP account and retirement is canceled.

Account Earnings and Payment Options

DROP accounts earn interest compounded monthly at an effective annual rate of 6.5 percent . No interest is earned on benefits on deposit for less than one month.

Payment is received upon termination as either a lump sum, direct rollover, or a combination of a partial lump sum and rollover. Eligible rollover plans include an individual retirement account, an individual retirement annuity, a qualified trust, or an annuity.

Leave Options

Upon entering the DROP, participants may elect to be paid for unused annual leave and any overtime or special compensatory leave (if earned within the last 11 months) up to the maximum payment allowed for the class (480 hours for faculty members). Any annual leave hours in excess of the maximum must be used during the five-year DROP period.

Leave payments may be tax sheltered. The employee must arrange for deferment by contacting the annuity company representative and completing a DROP Leave Election form prior to receiving payment.

For additional questions regarding retirement plans and options, contact the Benefits Section of Human Resources, or refer to the HR Web site at: http://www.hr.fsu.edu/index.cfm?page=FacultyStaff_homepage.

Attendance and Leave

Attendance Expectations

Faculty members are expected to work a minimum of 40 hours per week, and therefore scheduled hours do not normally exceed 40 hours per week. However, the professional obligation of each faculty member is comprised of both scheduled and non-scheduled activities. Normally, time is allowed within the normal workday for research, teaching, or the other activities outlined in the faculty member’s assignment of responsibilities.

Members of the teaching faculty are expected to post and honor specific office hours each semester. Office hours should be posted in a conspicuous place.

Leave Earnings and Usage

The University has various types of leave benefits and programs. Leave guidelines are in accordance with applicable University rules and, for in-unit faculty, Article 17 (Leaves) of the BOT-UFF Agreement (http://dof.fsu.edu/).

Sick Leave

Accrual of Sick Leave

Full-time, salaried faculty members earn four hours of sick leave during each biweekly pay period. Part-time, salaried faculty members earn sick leave proportionate to the number of hours they work per week (e.g., if they work 20 hours per week, they earn two hours per pay period). Sick leave is also pro-rated based on the total number of hours in pay status during a less than full biweekly period. There is no limitation on the total number of hours that may be accrued. OPS employees do not earn sick leave.

Uses of Sick Leave

Sick leave must be earned before being taken. Unused sick leave earned prior to Oct. 1, 1973, must be used prior to any sick leave earned after that date.  A faculty member is authorized to use accrued sick leave if he or she is unable to perform his or her duties, including the performance of classroom teaching or other scheduled activities, for the following reasons:

• Personal injury or illness
• Personal appointments with a health care provider
• Exposure to a contagious disease that would endanger others
• The injury or illness of a member of the faculty member’s immediate family, at the discretion of the supervisor
• The death of a member of the faculty member’s immediate family, at the discretion of the supervisor

Immediate family is defined as the spouse, parents, grandparents, brothers, sisters, children and grandchildren of both the faculty member and the spouse and dependants living in the household. Use of reasonable amounts of leave should not be unreasonably withheld.

A continuous period of sick leave commences with the first day of absence and includes all subsequent workdays until the faculty member returns to work. For this purpose, Saturdays, Sundays, and official holidays observed by the University are not counted unless the faculty member is scheduled to work on such days. During any seven-day period, the maximum number of sick leave hours used is 40.
A faculty member needing to use sick leave should notify his or her supervisor as soon as possible. Annual leave may be used after sick leave is exhausted at the discretion of the supervisor.

At the discretion of the President or the president’s designee, medical certification (written verification from the attending physician) may be required if the faculty member’s absence due to disability exceeds four consecutive days, or if a pattern of absences is documented. The faculty member may also be required to submit to a medical examination to be paid by the University. If the examination indicates that the faculty member is unable to perform assigned duties, the President or representative may place the faculty member on compulsory disability leave. (http://www.vpfa.fsu.edu/Policies/Personnel/3e.html) Sick leave may be used during any period of compulsory disability leave.

An annual-leave-accruing faculty member who becomes sick while on approved annual leave may, upon notifying the supervisor, substitute the use of accrued sick leave to cover the period of leave from the time he or she became ill.

Transfer of Sick Leave

Upon re-employment with the University within 100 days, the full balance of accrued sick leave accompanies the faculty member unless he or she has received a lump sum payment for accrued sick leave. All unused sick leave is restored to the faculty member if he or she repays the full amount of any lump-sum leave payment received.

Faculty members may transfer into a leave-accruing position all unused sick leave accrued in the State classification and pay plan in which previously employed and for which payment has not been received; however, no more than 31 days may elapse between positions.

When a faculty member moves to a position outside the General Faculty and Administrative and Professional Classification Plan, the transfer of unused sick leave is governed by the rules of the plan to which he or she is transferring.
The transfer of unused sick leave from a local government to an SUS position is not permitted unless a reciprocal agreement in writing between the hiring department within the University, prospective faculty member, and the previous employing entity is in effect.

Payment for Unused Sick Leave

A faculty member with fewer than 10 years of service who separates from employment is not paid for any unused sick leave.

Faculty members hired after May 6, 2011 will not be paid for any unused sick leave.  A faculty member hired by the University on or before May 6, 2011, and separates from employment because of retirement for reasons other than disability, termination, or death, and has completed 10 or more years of University and/or state service, is compensated at his or her current regular hourly rate of pay for one-eighth of all unused sick leave accrued prior to Oct. 1, 1973, plus one-fourth of all unused sick leave accrued on or after Oct. 1, 1973, provided that one-fourth of the unused sick leave since 1973 does not exceed 480 hours. Leave payouts are not made to faculty members who have been found guilty or have admitted to being guilty of committing, aiding, or abetting any embezzlement, theft, or bribery in connection with state government, or have been found guilty by a court of competent jurisdiction of having violated any State law against or prohibiting strikes by public faculty members, or have been dismissed for cause pursuant to the provisions of Section 110.122, Florida Statutes.

Upon layoff, a faculty member with 10 or more years of state service is paid for unused sick leave as described in the above paragraph, unless the faculty member requests in writing that unused sick leave be retained pending re-employment. For faculty members who are re-employed by the University within 12 calendar months following layoff, all unused sick leave is restored to the faculty member, provided he or she requests such action in writing and repays the full amount of any lump sum leave payments received at the time of layoff. Faculty members who are not re-employed within 12 calendar months following layoff are paid for sick leave in accordance with Section 110.122, Florida Statutes.

All payments for unused sick leave authorized by Section 110.122, Florida Statutes, are made in lump sum and are not used in determining the average final compensation of a faculty member in any state administered retirement system. Faculty members shall not be carried on the payroll beyond the last official day of employment, except that a faculty member who is unable to perform duties because of a disability may be continued on the payroll until all sick leave is exhausted.

Upon re-employment within 100 days, all unused sick leave is restored to the faculty member, provided the faculty member requests such action in writing and repays the full amount of any lump-sum leave payment received.  Upon the death of a faculty member who has 10 years of creditable state service, sick leave is paid out to his or her beneficiary.

Sick Leave Pool

Eligible faculty members may participate in the sick leave pool administered by the Office of Human Resources. Additional information may be located at:http://www.hr.fsu.edu/index.cfm?page=FacultyStaff_BenAndPerks_SickLeavePool or by calling (850) 644-1978.

Family Medical Leave (FML)

The University administers Family and Medical Leave (FML) procedures for eligible employees in accordance with the Family and Medical Leave Act of 1993, University Regulations, and applicable collective bargaining agreements.  All employees are eligible for FML, including Other Personal Services (OPS) employees, so long as they have worked at least 12 months (these need not have been consecutive) and worked at least 1,250 hours in the 12 months prior to the leave.

Proper medical certification may be required to grant FML for one or more of the following reasons:

• The birth and care of a newborn child of the employee or for placement with the employee of a child for adoption or foster care;
• To care for an immediate family member with a serious health condition; or
• To take medical leave when the employee is unable to work because of a serious health condition.

An eligible employee will be granted up to a total of 12 work weeks/480 hours of unpaid/paid leave during the 12-month calendar year period. Salaried employees may use paid leave or intermittent leave with the approval of their supervisor; otherwise, the leave will be leave without pay. OPS employees are granted unpaid FML. Leave may also be used with a reduced work/leave schedule.

Consult the Human Resources policy on FML(http://www.hr.fsu.edu/index.cfm?page=FacultyStaff_BenAndPerks_FamilyMedicalLeaveAct)
for additional details regarding the use of FML, as well as faculty member and supervisor responsibilities pertaining to FML. Questions regarding FML may be directed to the HR section of the Office of the Dean of the Faculties.

Disability Leave

Job-Related Illness or Injury

A faculty member who sustains a job-related disability that is compensable under the Workers’ Compensation Law is carried in full pay status for a period of medically certified injury not to exceed seven calendar days immediately following the injury, or for a maximum of 40 work hours, if taken intermittently, without being required to use accrued sick or annual leave.

If, as a result of the job-related injury, the faculty member is unable to resume work at the end of the period provided in the above paragraph:

• The faculty member may elect to use accrued leave in an amount necessary to receive salary that will increase the Workers’ Compensation payments to the total salary being received prior to the occurrence of the disability. In no case shall the faculty member’s salary and Workers’ Compensation benefits exceed the amount of the faculty member’s regular salary payments; or
• The faculty member is placed on disability leave without pay and shall receive normal Workers’ Compensation benefits if the faculty member has exhausted all accrued leave in accordance with paragraph (1), above, or the faculty member elects not to use accrued leave.

Job-related illness/injury leave with or without pay is for a period not to exceed the duration of the disability or one year, whichever is less.

If, at the end of the leave period, the faculty member is unable to return to work and perform assigned duties, the President or representative should advise the faculty member, as appropriate, of the Florida Retirement System’s disability provisions and application process, and may, based upon a current medical certification by a licensed physician, and taking the University’s needs into account:

• offer the faculty member part-time employment;
• place the faculty member in leave without pay status or extend such status;
  request the faculty member’s resignation; or
• release the faculty member from employment, notwithstanding any other provisions of this policy.

Compulsory Leave

Placing Faculty Member on Compulsory Leave

The Dean of the Faculties is responsible for coordinating and resolving all requests for compulsory leave with the President and Provost.

If the President or representative believes that a faculty member is unable to perform assigned duties due to illness, disability, or injury, the President or representative may require the faculty member to submit to a medical examination by a licensed physician chosen by and paid for by the University, or by a licensed physician chosen by and paid for by the faculty member, and who is acceptable to the President or representative and who shall submit a report to the University.

If the University agrees to accept the faculty member’s choice of a licensed physician, the University may not then require another University-paid examination. If the medical examination confirms that the faculty member is unable to perform assigned duties, the President or representative shall place the faculty member on compulsory leave.

Conditions of Compulsory Leave

The notification to the faculty member regarding the compulsory leave is in writing and includes the duration of the compulsory leave period and the conditions under which the faculty member may return to work. These conditions may include the requirement of the successful completion of, or participation in, a program of rehabilitation or treatment.

A faculty member who is placed on compulsory leave is required to exhaust all accrued leave prior to being placed on leave without pay. If the faculty member fulfills the terms and conditions of the compulsory leave and receives a current medical certification that he or she is able to perform assigned duties, the President or representative will return the faculty member to the faculty member’s previous duties, if possible, or to equivalent duties.

Duration

Compulsory leave, with or without pay, is for a period not to exceed the duration of the disability, or one year, whichever is less.

Failure to Complete Conditions of Compulsory Leave or Inability to Return to Work

If the faculty member fails to fulfill the terms and conditions of a compulsory leave and/or is unable to return to work and perform assigned duties at the end of a leave period, the President or representative should advise the faculty member, as appropriate, of the Florida Retirement System’s disability provisions and application process, and may, based upon the University’s needs:

• offer the faculty member part-time employment;
• place the faculty member in leave without pay status or extend such status;
  request the faculty member’s resignation; or
• release the faculty member from employment, notwithstanding any other provisions of this policy.

Annual Leave

Accrual of Annual Leave

Full-time, salaried faculty members holding 12-month type appointments shall accrue annual leave at the rate of 6.76904 hours biweekly or 14.667 hours per month (or a number of hours that is directly proportionate to the number of days worked during less than a full pay period for full-time faculty members). Faculty members on nine-month academic year (39-week) appointments and Florida State University School faculty members on 10-month appointments are not eligible for and do not accrue annual leave.

Hours accrued are credited at the conclusion of each pay period or, upon termination, at the effective date of termination. Faculty members may accrue annual leave in excess of the year-end maximum (352 hours) during a calendar year. Excess annual leave as of Dec. 31 each year converts to sick leave effective Jan. 1 each year unless a carry-over of leave is requested by memorandum and approved by the faculty member’s supervisor.

Part-time, 12-month faculty members accrue annual leave at a rate directly proportionate to the percent of time employed.

Use and Transfer of Annual Leave

Annual leave is accrued before being taken except in those instances where the President or representative may authorize the advancing of annual leave. When leave has been advanced and employment is terminated prior to the faculty member earning sufficient annual leave to credit against the leave that was advanced, the University will deduct from the faculty member’s warrant the cost of any annual leave advanced under this provision. All requests for annual leave are to be submitted by the faculty member to the supervisor as far in advance as possible. Approval of the dates on which a faculty member wishes to take annual leave is at the discretion of the supervisor and is subject to the consideration of departmental and organizational scheduling.

Upon transfer of an annual-leave-accruing faculty member from one institution to another within the State University System or upon reemployment within 100 days, except for reemployment after layoff, the faculty member may choose to:

• transfer up to 44 days (352 hours) of unused annual leave; or
• receive a lump sum payment for all or a portion of unused annual leave, up to 31 days (240 hours), and transfer any remaining balance. Such leave payment does not constitute a break in service.

A faculty member may transfer into an annual-leave-accruing position up to 44 days of unused leave accrued in the University classification and pay plan in which previously employed, provided the faculty member has not received payment for such leave and no more than 31 days have elapsed between jobs.

When an annual-leave-accruing faculty member moves to a position within the State University System or in State government, the transfer of leave is governed by the rules of the plan to which the faculty member is transferring. Should all unused leave not be transferable, up to 44 days (352 hours) of the remaining balance is paid in lump sum, effective the last day of University employment, without affecting other leave benefits.

The transfer of unused annual leave from a local government to an annual leave accruing position is not permitted, unless a written reciprocal agreement between the University and the previous employing entity is in effect.

Payment for Unused Annual Leave

Upon termination from an annual-leave-accruing contract, or transfer from an annual-leave-accruing contract to an academic year or Florida State University School contract, and unless the faculty member requests the option described below, the University will pay the faculty member for up to 44 days (352 hours) of unused annual leave at the calendar year rate the faculty member was accruing as of the faculty member’s last day of work, provided that a determination has been made by the President or representative that the faculty member was unable to reduce the unused annual leave balance prior to termination or reassignment to an academic year or Florida State University School contract. All unused annual leave in excess of 44 days is forfeited by the faculty member.

Upon transfer from an annual-leave-accruing contract to an academic year or Florida State University School contract, the faculty member may elect to retain all unused annual leave until such time, not to exceed two years, as the faculty member transfers back to an annual-leave-accruing contract or terminates employment with the University. Upon such termination or at the end of two years, whichever comes first, the unused leave balance is paid in lump sum for up to 44 days (352 hours) at the annual rate the faculty member was earning as of the faculty member’s last day of work on an annual-leave-accruing contract.

Upon layoff, a faculty member is paid for up to 44 days (352 hours) of unused annual leave in lump sum, unless the faculty member requests in writing that annual leave credits be retained pending re-employment. For faculty members who are re-employed by the University within 12 calendar months following layoff, all unused annual leave is restored to the faculty member, provided the faculty member requests such action in writing and repays the full amount of any lump sum leave payment received at the time of layoff. Faculty members who are not reemployed within 12 calendar months following layoff and who elected to retain their annual leave pending re-employment are paid for up to 44 days (352 hours) of unused annual leave at the calendar rate the faculty member was earning as of the faculty member’s last day of work.

Upon re-employment within 100 days, all unused annual leave is restored to the faculty member, provided the faculty member requests such action in writing and repays the full amount of any lump-sum leave payment received.
In the event of the death of a faculty member, payment for all unused annual leave at the time of death, up to 352 hours, is made to the faculty member’s beneficiary, estate, or as provided by law.

Administrative Leaves

Jury Duty and Court Appearances

A faculty member who is summoned as a member of a jury panel or subpoenaed as a witness in a matter not involving the faculty member’s personal interests, is granted leave with pay and any jury or witness fees are retained by the faculty member; leave granted hereunder shall not affect a faculty member’s annual or sick leave balance.

An appearance as an expert witness for which a faculty member receives professional compensation falls under the policies and rules of the University, and the BOT-UFF Agreement relative to outside employment/conflict of interest. Such an appearance may necessitate the faculty member requesting annual leave or, if a non-annual leave earning faculty member, may necessitate the faculty member seeking an adjustment of the work schedule.

If a faculty member is required, as a direct result of the faculty member’s employment, to appear as an official witness to testify in the course of any action as defined in Section 92.142 (2), Florida Statutes, such duty is considered a part of the faculty member’s job assignment, and the faculty member is paid per diem and travel expenses and shall turn over to the University any fees received.
A faculty member involved in personal litigation during work hours must request annual leave. A faculty member who does not earn annual leave must seek an adjustment to the work schedule.

Military Leave

Short-term Military Training

A faculty member who is a member of the U.S. Armed Forces Reserve, including the National Guard, upon presentation of a copy of the faculty member’s official orders or appropriate military certification, is granted leave with pay during periods in which the faculty member is engaged in annual field training or other active or inactive duty for training exercises. Such leave with pay will not exceed 17 workdays in any one federal fiscal year (Oct. 1 - Sept. 30).

National Guard State Service

A faculty member who is a member of the Florida National Guard is granted leave with pay on all days when ordered to active service by the State. Such leave with pay will not exceed 30 workdays at any one time.

Other Military Leave

A faculty member, except a faculty member who is employed in a temporary position or employed on a temporary basis, who is drafted, who volunteers for active military service, or who is ordered to active duty (not active duty training), is granted leave in accordance with Chapter 43 of Title 38, United States Code. Active military service includes active duty with any branch of the U.S. Army, Air Force, Navy, Marine Corps, Coast Guard, National Guard of the State of Florida, or other service as provided in Sections 115.08 and 115.09, Florida Statutes.

Such leave of absence is verified by official orders or appropriate military certification. The first 30 days of such leave is with full pay and will not affect a faculty member’s annual or sick leave balance. The remainder of military leave is without pay unless the faculty member elects to use accumulated annual leave or appropriate leave as provided below, or the University exercises its option under Section 115.14, Florida Statutes, to supplement the faculty member’s military pay. Leave payment for the first 30 days is made only upon receipt of evidence from the appropriate military authority that 30 days of military service have been completed.

Applicable provisions of Federal and State law govern the granting of military leave and the faculty member’s reemployment rights.

Intermittent use of leave is authorized to enable faculty members on military leave to continue to receive the employer contribution to the State insurance program. The use of intermittent leave while on military leave is provided under the following conditions.

A faculty member may use any type of accrued leave in an amount necessary to cover his or her contribution to the State insurance program and other deductions and reductions designated by the faculty member during a period of military leave when he or she would otherwise be on leave without pay.

The employer contribution to the state insurance program will continue for the corresponding payroll periods.

Leave Pending Investigation

The Dean of the Faculties is responsible for coordinating and resolving all requests for leave pending investigation with the President and Provost.

When the President or representative has reason to believe that the faculty member’s presence on the job will adversely affect the operation of the University, the President or representative may immediately place the faculty member on leave pending investigation of the event(s) leading to that belief. The leave pending investigation shall commence immediately upon the President or representative providing the faculty member with a written notice of the reasons therefore. The leave is with pay, with no reduction of accrued leave.

Requests for Leave or Extension of Leave for One or More Semester (Compensated or Uncompensated) 

Granting Leave

Upon the request of a faculty member, the President or representative will grant a leave of absence for period not to exceed one year, unless it is determined that the granting of the leave would be inconsistent with the best interests of the University. The faculty member must make a written request not less than 120 days prior to the beginning of the proposed leave of one semester or more; for an extension of the leave, the faculty member must make a written request not less than 60 days before the end of the leave. The University will approve or deny the request in writing no later than 30 days after receiving the request. After an absence without approved leave or extension for 12 or more consecutive days, the faculty member is considered as having abandoned the position and resigned from the University. However, if the faculty member’s absence is for reasons beyond the control of the faculty member, and if the faculty member notifies the University as soon as practicable, the faculty member will not be considered as having abandoned the position. (Refer to ‘Job Abandonment’ section and UFF Agreement.)

Salary Adjustment

The salary of a faculty member returning from uncompensated leave will be adjusted to reflect all nondiscretionary increases distributed during the period of leave.

Retirement Credit

Retirement credit for such periods of leave without pay is governed by the rules and regulations of the Division of Retirement and the provisions of Florida Statutes, Chapter 121.

Accrual of Leave/Holiday Pay

While on leave without pay, the faculty member retains accumulated sick leave and annual leave, but does not accrue sick leave or annual leave, nor is he or she entitled to holiday pay.

Tenure Credit

Time spent on compensated or uncompensated leave is not creditable for the purpose of determining eligibility for tenure, except by mutual agreement of the faculty member and the University. In deciding whether to credit such leave toward tenure eligibility, the President or representative considers the duration of the leave, the relevance of the faculty member’s activities while on such leave to the faculty member’s professional development and to the faculty member’s field of employment, the benefits, if any, which accrue to the University by virtue of placing the faculty member on such leave, and other appropriate factors.

Parental Leave

A faculty member, upon written request, is granted a parental leave of absence without pay not to exceed six months when the faculty member becomes a biological parent, adopts a child, or a child is placed in the faculty member’s home pending adoption. The period of parental leave begins no more than two weeks before the expected date of the child’s arrival. The President or representative will acknowledge to the faculty member in writing the period of leave to be granted, including the date of return to employment. Faculty members may use sick leave, without medical certification, for up to six weeks after the arrival of child or may use annual leave, if applicable.

At the end of an approved parental leave of absence, and at the faculty member’s request, the President or representative shall grant part-time leave without pay for a period not to exceed one year, unless the President or representative determines that granting such leave would be inconsistent with the best interests of the University.

Any illness caused or contributed to by pregnancy is treated as a temporary disability and the faculty member is allowed to use accrued sick leave credits when such temporary disability is certified by a physician.

Intermittent use of leave is authorized to enable faculty members on parental leave to continue to receive the employer contribution to the State insurance program. The intermittent use of leave while on parental leave is provided under the following conditions.

After the period of disability as indicated above, a faculty member on parental leave may use any type of accrued leave in an amount necessary to cover his or her contributions to the State insurance program and other deductions designated by the faculty member during a period of parental leave. The employer contribution to the state insurance program will continue for the corresponding payroll periods.

Paid Parental Leave 

In addition to the unpaid leave described above, in-unit faculty members who are covered by the BOT-UFF collective bargaining agreement and are E&G funded, are granted, upon written request, a paid parental leave for up to six months when the faculty member becomes a biological parent or a child is placed in the faculty member’s home per adoption. Paid parental leave can only be taken once during a faculty member’s career at the University. Two or more faculty members employed by the University are not eligible to receive simultaneous paid parental leave for the same birth or adoption. A faculty member who utilizes this benefit shall have the total number of hours used deducted from his or her sick, and/or annual leave balance if applicable, upon separation from the University. This policy is subject to change based on the outcome of collective bargaining. For more details on paid parental leave, visit: http://dof.fsu.edu/Leave/Attendance-and-Leave/Parental-Leave.

Official Emergency Closings

The President or President’s representative may close the University, or portions of the University, in the event an Executive Order declaring an emergency has been issued. When natural disasters or other sudden and unplanned emergency conditions occur, which are not covered by an Executive Order, the President or representative will determine whether the University, or any portion thereof, is affected by the emergency and is to be closed. Such closings will be only for the period of time it takes to restore normal working conditions. Leave resulting from such an emergency closing does not reduce faculty members’ leave balances.

Leave Reporting

OMNI ‘Employee Self-Service’ or Pay and Leave Report Forms, as determined by department policies, are used to certify sick and annual leave taken. If utilized, Pay and Leave Report Forms are issued at the beginning of each new pay period and are submitted with the faculty member’s signature at the end of the pay period, even if no leave has been taken. If leave is used by the faculty member, he or she must report such usage via OMNI or on the Pay and Leave Report Form.

Sick Leave: It is not necessary for faculty members to request sick leave at the bottom of the Pay and Leave Report Form. The number of hours of sick leave taken are to be shown in the top section of the form. Each faculty member will indicate if any leave has been taken by certifying the number of hours taken in the top section of the form, signing the form at the bottom, and submitting the form to the appropriate staff member in the department. The form is to be submitted with signature even if no leave has been taken because it certifies that no leave is to be charged against the faculty member. If the use of Pay and Leave Report Forms is the departmental practice, the form is submitted with the faculty member’s signature even if no leave has been requested or used. If using ‘Faculty Member Self-Service,’ the faculty member is responsible for entering any time used into OMNI; if no time is taken, no action by the faculty member is required for that pay period.

Annual Leave: Annual leave must be requested in advance. The request may be made on any pre-printed Pay and Leave Report Form or by using ‘Employee Self-Service’ in OMNI. At the end of the pay period the faculty member certifies the number of hours taken. If using ‘Faculty member Self-Service’, the faculty member is responsible for entering any time used into OMNI; if no time is taken, no action by faculty member is required that pay period.

Faculty Relations

Faculty Concerns and Complaint Resolution

The University encourages open and honest communication between administrators and faculty members. Formal grievance procedures are initiated when the resolution of a problem is not possible on an informal basis.

Faculty members who have concerns regarding any term or condition of employment, or application of University regulations or guidelines should consult with the Dean of the Faculties for advice or clarification on University processes. These meetings are kept confidential upon the request of the faculty member with a few exceptions (e.g., sexual harassment). The Dean will advise the faculty member with regard to his or her rights as well as any suggested resolution of the faculty member’s concerns. Upon the request of the faculty member, the Dean will assist with the resolution of the informal complaint.

Official complaints are handled through one of the following procedures:
UFF Grievances: Faculty members who are covered by the BOT-UFF Agreement may file a grievance by following the grievance procedure outlined in Article 20 of the Agreement (http://dof.fsu.edu/). Grievances of this nature must allege a violation of one or more of the provisions in the Agreement.

Faculty Senate Grievance Procedures: Any faculty member may file a grievance with the Faculty Senate Grievance Committee. This committee consists of members nominated through the Faculty Senate by the faculty of the colleges and schools they represent. The definition of a grievance in this process is broader than that covered by the UFF grievance process and may cover matters involving University regulations, professional relations, professional ethics, academic freedom, conditions of employment, or the general welfare of the faculty member. Faculty members should consult with the Faculty Senate Coordinator in the Office of the Dean of the Faculties for additional details on this process.

Sexual Harassment Complaints: Complaints of sexual harassment must be filed with the Office of Audit Services. The dean or other appropriate administrator should inform the Dean of the Faculties as soon as possible whenever allegations of sexual harassment are made by or against a faculty member. Refer to the University Policies and Procedures section of this handbook for additional details regarding this process.

Disciplinary Action and Job Abandonment

Faculty members who engage in misconduct or who are found to be incompetent may be subjected to disciplinary action in accordance with University regulations, and, for in-unit faculty, the provisions of the BOT-UFF Agreement, http://dof.fsu.edu/bargaining.html.

The faculty member’s supervisor should conduct a thorough investigation to determine the facts regarding the misconduct. In situations that involve potentially serious allegations, appropriate University authorities, including the Dean of the Faculties, should be notified as soon as possible.

If there is a possible criminal violation(s), contact the Florida State University Police Department (FSUPD) before any investigation is conducted so they may coordinate the investigation. If the matter involves a claim of sexual harassment or financial irregularities, contact the Office of Audit Services before any investigation is conducted so they can coordinate the investigation. If the matter does not involve criminal charges or the OAS, it is appropriate for the supervisor to proceed with conducting the investigation. The faculty member should be given the opportunity to explain his or her actions before any disciplinary action is taken. If a faculty member reasonably believes that disciplinary action could result from an investigatory interview, he or she has the right to representation if requested. Contact the Office of the Dean of the Faculties for further information.

Determining Just Cause

Disciplinary action against faculty members should be taken only for just cause. In determining whether there is “just cause” for any disciplinary action, the following questions should be considered:

• Notice: Was the faculty member given advance notice of the standards and of the possible or probable disciplinary consequences of specific conduct or actions? This information is contained in the Faculty Handbook and the BOT-UFF Collective Bargaining Agreement.
• Reasonably related: Are the issues being investigated related to the faculty member’s role as opposed to arbitrary or discriminatory reasons that have no relationship to his or her position?
• Proof of misconduct: Was the alleged offense investigated objectively, and do the results of the investigation clearly establish that the faculty member did, in fact, engage in incompetence or misconduct?
• Past practice: Is the discipline consistent with past treatment of faculty members who committed the same offense? Has the chair/dean been uniform and consistent in handling similar problems?
• Appropriateness of discipline: Is the degree of discipline to be administered reasonably related to the seriousness of this offense and the faculty member’s prior record of performance and conduct?

The standard of proof for administrative actions is the preponderance (or weight) of the evidence.

Job Abandonment

If a faculty member is absent from his or her position without authorization for 12 or more consecutive calendar days, the faculty member will be considered to have abandoned his or her position and voluntarily resigned from the University. If the absence is beyond the faculty member’s control and the faculty member notifies the University as soon as possible, the faculty member will not be considered to have abandoned his or her position.

Disruptive Conduct

Faculty members who intentionally act to impair, interfere with, or obstruct the orderly conduct, processes, and functions of the University will be subject to appropriate disciplinary action.

Disruptive conduct includes, but is not limited to, the following:

• Violence against any member or guest of the University community;
  Theft or willful destruction of University property or of the property of members of the University;
• Interference with the freedom of movement of any member or guest of the University;
• Deliberately impeding or interfering with the rights of others to enter, use, or leave any University facility, service, or scheduled activity, or in carrying out their normal functions or duties; or
• Deliberate interference with academic freedom and freedom of speech of any member or guest of the University.

Suspension and Dismissal of Faculty; Peer Hearing (6C2-4.0335)

(1) Applicability. The provisions of this rule shall apply as follows:

(a) To all cases in which the University has under consideration action to suspend with or without pay, reduce the compensation or rank of, or terminate the annual appointment of a tenured faculty member for disciplinary reasons;

(b) To all cases in which the University has under consideration action to immediately suspend or to terminate the appointment of a non-tenured faculty member prior to the expiration of the non-tenured faculty member’s current employment contract for disciplinary reasons;

(c) Only when invoked, as provided hereinbelow, by the faculty member against whom the disciplinary consideration is directed, by his/her attorney or, with the express consent of the faculty member, by another qualified representative(s).

(d) The failure of the University to invoke or abide by any procedures contained in this rule shall not be grievable under the collective bargaining agreement between the Board of Regents and the United Faculty of Florida (BOR/UFF Agreement), but may be filed with the Grievance Committee of the Faculty Senate.

(2) Purpose.

(a) The purpose of this rule is to provide a method by which both the University and the faculty member who is subject to disciplinary consideration, of the type to which this rule applies, can have the benefits of faculty peer group participation in the disciplinary process prior to the disciplinary action.

(b) This rule is intended to implement and utilize a peer hearing process recognized by the FSU Constitution. See paragraph 6C2-1.004(3)(d), F.A.C.

(3) Information Gathering. When information, which could result in disciplinary action of the type to which the rule applies, is brought to the attention of the Vice President for Academic Affairs (Vice President), he/she shall take those actions within his/her lawful authority to collect, or cause to be collected, additional information relevant to the matter. Normally this will include reasonable efforts to communicate directly with the subject faculty member.

(4) Notice of Pending Decision. When the Vice President deems that there is sufficient information available on which to decide whether to initiate the disciplinary process, he/she shall advise, in writing, the faculty member against whom the disciplinary consideration is directed (subject faculty member):

(a) That such a decision is pending;

(b) The nature of the alleged acts or omissions giving rise to the matter. This shall be stated in sufficient detail to inform the subject faculty member of the specific circumstances, as they are known at the time this notice is issued, which have given rise to the pending decision. This portion of the notice shall be supplemented as additional material information becomes known to the Vice President.

(c) That the subject faculty member is entitled to invoke the peer hearing process prescribed in this rule;

(d) The steps the subject faculty member must take to timely invoke the process; and

(e) That the University’s failure to invoke or abide by any procedures contained in this rule shall not be grievable under the BOR/UFF Agreement.

(5) Invoking the Process. Within seven workdays of being so advised, the subject faculty member shall inform the Vice President in writing of the subject faculty member’s election to invoke or not invoke the peer hearing process.

(6) Waiving the Process. If the subject faculty member does not timely invoke the peer hearing process, the Vice President shall determine, based upon the information available to him/her, whether to initiate the applicable disciplinary process.

(7) Peer Hearing Panel. When the peer hearing process is invoked, the Vice President shall promptly inform the Chairperson of the Faculty Grievance Committee (Grievance Chairperson). The Grievance Chairperson shall establish, from among the members of the Committee, in accord with the procedures of that Committee, a peer-hearing panel of three including a Panel Chairperson.

(8) Peer Hearing Process. When the peer hearing panel has been designated, the Panel Chairperson, upon consultation with the Vice President, shall decide upon a date, time, and place for conducting a peer hearing. Adequate time for preparation shall be provided and to that end, the Panel Chairperson may consult as needed with the Office of the University Attorney, the subject faculty member, and the faculty member’s designated representative(s).

(9) Peer Hearing Preparation.

(a) In preparation for the peer hearing, the subject faculty member and the designated representative(s) thereof may examine and receive copies of all written materials which the University’s legal representative(s) intends to present at the peer hearing, provided that if the materials are of the kind protected by Section 240.253, F.S., the University procures the signed permission of the protected faculty member prior to submission of the limited access materials to the other party. By invoking in writing the peer hearing process, the subject faculty member shall have consented in writing to the disclosure, to the peer hearing participants for purposes of the peer hearing process, of evaluatory materials subject to Section 240.253, F.S., pertaining to the subject faculty member;

(b) The subject faculty member and the designated representative(s) shall be entitled to the names of all persons whom the University’s legal representative(s) intends to call upon to provide information in the course of the peer hearing; and

(c) The University’s legal representative(s) may examine and receive copies of all written materials which the subject faculty member or representative(s) intends to present at the peer hearing and shall be entitled to the names of all persons whom the subject faculty member or representative(s) intends to call upon to provide information in the course of the peer hearing.

(10) Peer Hearing Procedures. The peer hearing shall be conducted as follows:

(a) The Panel Chairperson shall preside and shall conduct the proceeding in the manner directed at eliciting sufficient information on which to base a reasoned decision.

(b) The peer hearing panel shall be present at all times and shall participate as hereinafter prescribed. Others entitled to be present and to participate as hereinafter prescribed are representatives of the Office of the University Attorney, the subject faculty member, and the subject faculty member’s designated representative(s). The Vice President may attend as an observer all or any part of the proceedings, except the panel deliberations.

(c) The Panel Chairperson shall call the proceeding to order, make introductory or preliminary remarks as appropriate, and resolve preliminary matters as needed. Thereupon, he/she shall call on the University’s legal representative(s) to give a presentation of the relevant information tending to show that there are grounds to initiate the applicable disciplinary process. The University’s legal representative(s) shall be a member of the legal staff of the Office of the University Attorney.

(d) When the University’s legal representative(s) has concluded his presentation, the Panel Chairperson shall invite the subject faculty member or his/her designated representative(s) to give a responsive presentation. The faculty member or his/her designated representative(s) shall have no obligation to make a presentation.

(e) The respective presentations may include:

1. The submission of written material and physical evidence.

2. The appearance of witnesses who can provide information having a rational bearing on the matters in question.

3. Proffers of additional information which can be made available to the peer panel or which will allegedly be available in connection with a subsequent disciplinary proceeding.

4. Discussions and arguments, which may be made in a closing summation, addressing the reliability, weight, interpretation, and applicability of the information presented, the standards of conduct reasonably expected of University faculty or any other matter having a rational bearing on the pending decision.

(f) All information may be presented of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs and shall be evaluated on that basis by the peer panel. The Panel Chairperson may limit the presentation of information, which is unduly repetitious or does not have a rational bearing on the pending decision.

(g) The proceeding is not adjudicatory in nature, and no cross-examination nor other practice common to administrative or judicial adjudication hearings shall be permitted. The University’s legal representative(s) and the subject faculty member or his/her representative(s) may request the Panel Chairperson to propound questions on their behalf. The Chairperson shall propound the questions unless he/she deems them to be repetitious, cumulative, or not pertinent.

(h) The Panel Chairperson may, at any time, ask questions of any participant in the proceeding and shall liberally recognize the members of the peer panel for the same purpose. The peer panel, in the discretion of the Panel Chairperson, may invite individuals to appear and present information and may request the submission of written materials. The Panel Chairperson, in his/her discretion, may continue the proceeding from time to time for the purpose of enabling the panel to receive additional information.

The University’s legal representative(s), the subject faculty member or his/her designated representative(s), and the members of the peer panel may each request such continuances. Such continuances may include the opportunity for either party to present additional witnesses or documents for the purpose of addressing information already made a part of the other party’s presentation.

(i) The Panel Chairperson shall arrange for the proceedings, except for panel deliberations, to be recorded for the University’s use by mechanical or stenographic means. The subject faculty member also may, at his/her own expense, arrange for the proceeding to be recorded by mechanical or stenographic means. The subject faculty member may receive a transcript of the University’s recordation upon payment of the costs of transcription and reproduction. Neither the recordings nor transcripts shall be admissible in any subsequent proceeding, of whatever nature, brought pursuant to the BOR/UFF Agreement.

(j) In consideration of the limitations on access to evaluatory materials as established by Section 240.253, F.S., the proceeding shall be closed to the public unless the subject faculty member, or his/her designated representative(s), requests that the proceeding be open. This request shall be made to the Panel Chairperson in writing prior to the commencement of the proceeding. In this regard, the entire proceeding, except for peer panel deliberations, shall be either open or closed.

(k) When the panel is satisfied that the proceeding has produced sufficient information on which to base reasoned deliberations and advice to the Vice President, or that the proceeding will produce no further significant information, the panel chairperson shall conclude and adjourn the proceeding.

(11) Peer Panel Deliberations. Upon the adjournment of the proceeding, or as soon thereafter as they can reasonably assemble, the members of peer panel shall meet at a time and place designated by the Panel Chairperson to engage in deliberations. Only the peer panel, including the Panel Chairperson, shall be permitted to be present or to participate in the deliberations. The peer panel shall base its deliberations on the information reflected in the record of the proceeding. If, in the course of deliberation, the peer panel wishes to obtain additional information, the Panel Chairperson may reopen the proceeding for this purpose and may impose limitations on the participants as needed to confine the reopened proceeding to the matters of interest to the peer panel. Subject to such limitations, the subject faculty member or his/her representative(s) and the University’s legal representative(s) shall be entitled to fully participate in the reopened proceeding.

(12) Peer Panel Issues. The peer panel shall not attempt to make findings of fact or reach conclusions of law as these terms are used in administrative or judicial adjudicatory hearings. The peer panel shall provide advice and comments to the Vice President with respect to the following points:

(a) Whether the alleged acts or omissions of the subject faculty member evince conduct by the subject faculty member which would warrant disciplinary action.

(b) Whether there is available to the University sufficient information of a reasonably reliable character to provide a basis for the commencement of the applicable disciplinary process, wherein genuine issues of law and fact can be raised and determined.

(c) The type of disciplinary action, if any, deemed appropriate.

(d) The peer panel may also offer its advice and comments regarding aggravating and mitigating circumstances, including whether or to what extent these circumstances should be taken into account.

(13) Peer Panel Report. Within 10 work days of the conclusion of deliberations, the Panel Chairperson shall prepare and submit to the Vice President a written report reflecting the views of the peer panel on these points. The Panel Chairperson shall permit there to be attached to the report additional written statements by the individual members of the panel, including the Chairperson, reflecting minority, dissenting, or individual points of view. A copy of the report, including attachments, shall be provided to the subject faculty member and to the University’s legal representative(s) who shall each have 10 work days to submit written comments to the Vice President.

(14) Consideration of Report. The Vice President shall take the peer panel report, including attached additional written statements and the comments on the report, into consideration in deciding whether to initiate the applicable disciplinary process.

(a) Nothing herein shall prevent the Vice President from also consulting with or seeking the advice of the University President, the Office of the University Attorney, and other appropriate officials.

(b) If the Vice President determines that disciplinary action should be taken, he/she shall cause the applicable disciplinary process to be commenced, and, if not, he/she shall give the subject faculty member notice that disciplinary action will not be taken.

(15) Special Provisions; Immediate Dismissal. The following additional provisions apply only when the disciplinary action under consideration is immediate dismissal.

(a) In cases involving immediate dismissal, the directions of the University President shall be followed. In all other cases, the Vice President shall determine the type of intended disciplinary action and shall cause the applicable disciplinary process to commence.

(b) If the peer panel report deems immediate dismissal appropriate, the Vice President shall forthwith transmit a copy of the report to the University President and shall consult with him. If the University President concurs with the panel report and deems immediate dismissal appropriate, the Vice President shall cause the commencement of the applicable disciplinary process to that end. If the University President does not deem immediate dismissal appropriate, the Vice President shall determine, pursuant to paragraph (14)(b), hereof, what disciplinary action other than immediate dismissal should be taken and shall proceed accordingly.

(c) If the Vice President determines that immediate dismissal is warranted, notwithstanding contrary advice in the peer panel report, he shall transmit a copy of the report to the University President and shall consult with him. If the President concurs with the Vice President, he shall state the reasons for such concurrence in writing. A copy of the written reasons shall be provided to the subject faculty member or designated representative(s), the Vice President, the University’s legal representative(s), and the hearing panel. These persons shall have 10 work days to submit written comments to the President. After the conclusion of the comment period, if the President continues to concur that immediate dismissal is warranted, the Vice President shall proceed accordingly.

(16) Immediate Suspension, Notice and Predetermination (Non-Unit Position). This subsection (16) shall not apply to subject faculty members holding appointments to positions within the general faculty bargaining unit. Where grounds exist to immediately suspend a member of the faculty, the President shall give the faculty member actual notice of the action by the most prompt, convenient means available. The notice shall include a statement of the grounds for the action to the extent known or understood at the time of the notice, and shall inform the faculty member of his/her opportunity to appear personally and be heard before the President or representative(s). This opportunity:

(a) Shall occur at or prior to the time that the suspension takes effect, when circumstances permit. For example, the faculty member may be invited to meet with the President immediately or at the time that the faculty member would be next due at his/her University work station. In cases where the faculty member is physically in the custody of the law enforcement or mental health authorities, or where the faculty member is similarly constrained with respect to freedom of movement or ability to rationally discuss the matter, the opportunity shall be provided as soon as the circumstances permit it to be arranged; and (b) Shall allow the faculty member to address and discuss the issue of whether the immediate suspension pending further action is warranted by the circumstances. The President may limit the discussion to this issue. (c) If the President imposes immediate suspension, he/she shall, within two work days following the effective date of suspension, cause a written notice of the suspension, including a statement of the reasons, to be served upon the subject faculty member.

(17) Immediate Suspension; Peer Participation (Non-Unit Positions). This subsection (17) shall not apply to subject faculty members holding appointments to positions within the general faculty bargaining unit except as stated in subsection (18) of this rule. When a faculty member is placed on immediate suspension, in accordance with the provisions of the FSU Constitution, the University shall expedite its consideration of appropriate further action. For purposes hereof, immediate suspension refers to those cases wherein a subject faculty member is relieved of professional responsibilities with pay while the possibility of disciplinary action is under review.

(a) If the University is considering action to which this rule otherwise applies, the Vice President shall transmit the written notice prescribed in subsection (4) with the addition of a provision advising the faculty member that the peer hearing may include the issue of whether the faculty member shall be permitted to return to work status pending further proceedings.

(b) If the faculty member invokes the peer hearing process and indicates in writing that he/she wishes the peer panel to address the additional issue, the Panel Chairperson shall exercise his/her discretion as to scheduling and continuing sessions of the peer hearing so that the issue of whether the faculty member should be permitted to return to work status pending further proceedings is addressed by the peer panel as promptly as essential fairness allows. With respect to this issue, the peer panel may engage in preliminary or interim deliberations and report its views and advice to the Vice President as it deems appropriate throughout the peer hearing process.

(c) When the Vice President receives the written report expressing the views and advice of the peer panel on the issue of returning the subject faculty member to work status pending completion of pending proceedings, the Vice President shall forthwith transmit the report to the University President and shall consult with him on the issue. If the President does not follow the advice of the peer panel, he shall state his reasons in writing. A copy of the written reasons shall be provided to the subject faculty member or designated representative(s), the Vice President, the University’s legal representative(s), and to the Panel Chairperson.

(18) Leaving Pending Investigation; Peer Participation (In-Unit Positions). This subsection (17) shall apply only to subject faculty members holding appointments to positions within the general faculty bargaining unit and to Non-Unit Positions if a person holding such appointment has been placed on leave pending investigation. The placing of a subject faculty member on leave pending investigation pursuant to Article 16.4 of the BOR/UFF Agreement requires the concurrence of the University President. If a subject faculty member who is placed on such leave invokes the peer hearing process provided in this rule:

(a) The period of time needed to complete the peer hearing process provided in this rule shall be part of the investigation stage of the applicable disciplinary process and the subject faculty member shall remain on leave pending investigation until such time as:

1. Disciplinary action is taken pursuant to Article 16 of the BOR/UFF Agreement; or,

2. The University gives written notice that no disciplinary action will be taken; or,

3. The University President permits the subject faculty member to return to work status; and,

(b) The issue of whether the subject faculty member shall be permitted to return to work status shall be included in the peer hearing process in the manner provided in subsection (17) of this rule for consideration of the issue of permitting a non-unit faculty member who is under immediate suspension to return to work status.

Specific Authority 240.227(1), (5), 240.261 FS. Law Implemented 240.132, 240.209(3)(e), 240.227(5), 240.253, 240.261 FS. History–New 11-13-86.

Collective Bargaining

Collective bargaining is governed by Chapter 447 of the Florida Statutes, which stipulates that, as a public employer, the University is obligated to engage in negotiations with any employee organization elected by employees regarding mandatory subjects of bargaining (wages, hours, terms and conditions of employment). There are currently four unions at FSU: The United Faculty of Florida (UFF), the Police Benevolent Association (PBA), the Florida Nurses Association (FNA), and the American Federation of State, County, and Municipal Employees (AFSCME).

The UFF represents most of the faculty at FSU, with the exception of certain colleges and administrative positions. A list of all in-unit classifications may be located in Appendix A of the Agreement (http://dof.fsu.edu/). The Agreement covers all in-unit faculty members regardless of membership in the union. Paying dues to the UFF is voluntary, and discrimination based on membership or non-membership is not permitted.

All in-unit faculty members and those who supervise in-unit faculty members should become familiar with the UFF Agreement. The Agreement is a legal contract to which both the University and the UFF have agreed, through the negotiations process, to abide by. Only state and federal laws and regulations supersede the provisions of the Agreement.

Collective Bargaining Contract Administration

The administration of the UFF Agreement is the responsibility of the in-unit faculty and the administrators of the University. Questions pertaining to the interpretation of the provisions of the Agreement may be directed to the Office of the Dean of the Faculties or, for in-unit faculty, to the UFF. The Contract Administrator/Chief Negotiator facilitates the UFF grievance process and oversees the resolution of all UFF grievances in conjunction with the Dean of the Faculties.  This person also serves as the liaison between the UFF and the administration of the University, keeping the Dean of the Faculties informed and involved.

Terminating Employment

When terminating employment for any reason, faculty members must complete steps to ensure an appropriate exit from the University. A termination checklist should be obtained from the department representative and completed by the faculty member.

Departing faculty members should return all University property including (but not limited to): keys, library books & materials, computers, parking decals & gate cards, and any credit and/or purchasing card(s). Detailed instructions and contact information are listed on the Termination Checklist under “Employee Responsibilities.”

Departing faculty members should contact the Benefits Department to schedule a conference to discuss the process for continuing or canceling insurance, reimbursement accounts, and retirement accounts.

Faculty members have the option of scheduling an exit conference with the Dean of the Faculties to discuss any suggestions or concerns. Faculty members should contact the Dean’s administrative assistant to schedule an exit interview. An exit survey from is available at http://dof.fsu.edu/content/download/25559/163949/facultyexitsurvey.pdf. Departing faculty members are asked to complete the form to provide insight to the administration for use when assessing faculty turnover.

In order to conduct a final leave audit, and to pay out any leave that may be due to the faculty member, the department representative is responsible for conducting a pre-audit of the leave records and then submitting all leave records to HR. Once all completed paperwork is received, HR typically completes the final leave audit process within six to eight weeks. Any leave payout (if applicable) will be issued through the normal payroll process. Faculty members should contact the Office of the Dean of the Faculties with any questions concerning leave policies and Human Resources for any questions concerning the leave payout process.

Resignation

In accordance with the University Constitution, faculty members desiring to resign from University employment are expected to notify their supervisors at least 90 days prior to the resignation effective date. Faculty members may consult with their supervisors if an earlier or later notice is needed.

Non-reappointment

Refer to the Faculty Development Section of this Handbook regarding provisions for non-reappointment.

Layoff

For those faculty members covered by the provisions of the FSU BOT – UFF collective bargaining agreement, the layoff process is governed by Article 13 of the Agreement (http://dof.fsu.edu/Collective-Bargaining).  

The following provisions apply to those faculty members who are not covered by the provisions of the bargaining agreement.

A faculty member may be laid off at any time as a result of adverse financial circumstances; reallocation of resources; reorganization of degree or curriculum offerings or requirements; reorganization of academic or administrative structures, programs, or functions; or curtailment of one or more programs or functions at any organizational level of the University such as a campus, division, college, school, department, area, program, or other level of organization or unit as the University deems appropriate. Upon the layoff of a faculty member, the University shall make reasonable effort to locate appropriate, alternate or equivalent employment within the university, and to inform the person affected of the results of this effort. In discharging its responsibilities under this rule, the University shall select and consult with appropriate administrative personnel and representatives of senates, committees and other such bodies of the institution.

In determining the faculty member(s) whose employment will be discontinued under this section, the University shall take into consideration appropriate factors, including but not limited to tenure status, performance evaluation by students, peers, and supervisors, and the faculty member's academic training, professional reputation, compatibility with colleagues, teaching effectiveness, research record or quality of the creative activity in which the faculty member may be engaged, service to the community and public, length of service, and affirmative action obligations.

(a) Order of Layoff. The following principles will govern the selection of faculty members to be laid off: 
1. No tenured faculty member shall be laid off if there are untenured faculty members in the layoff unit. 
2. The provisions of section 1 above will apply unless it is determined by the University that an Affirmative Action employment program will be adversely affected. 
3. No tenured faculty member will be laid off solely for the purpose of creating a vacancy to be filled by an administrator. 
(b) The University shall notify the person whose employment is to be discontinued pursuant to this section. Such notice shall be given by March 1 of the first academic year of service, by December 15 of the second academic year of service, and for faculty members who have completed two academic years of service, one year prior to June 15 of the academic year in which their service will be discontinued by layoff unless, in the judgment of the University, adverse financial circumstances require that the amount of notice be shortened. 
(4) Recall of faculty – For a period of two years following layoff, a faculty member who has been laid off and who is not otherwise employed in an equivalent full-time position shall be offered reemployment in the same or similar position at the University, should an opportunity for such reemployment arise. For this purpose, it shall be the faculty member's responsibility to keep the University advised of the faculty member's current address. Should a vacancy occur at another university within the State University System, the faculty member may apply for that position and shall be considered therefore in accordance with the normal hiring procedures of that university. Any offer of reemployment pursuant to this section must be accepted within 15 days after the date of the offer, such acceptance to take effect not later than the beginning of the academic term immediately following the date the offer was made. In the event such offer of reemployment is not accepted, the faculty member shall receive no further consideration pursuant to this section.

Between the time of notification of layoff and the effective date those to be on layoff status are to be contacted and advised of vacancies for the same or similar positions. Those under notification who have expressed an interest in the position shall be considered. For short term vacant positions; (less than six months) of which the Central Administration may be unaware it is the responsibility of the school or college in which the layoff will occur to notify those persons to be affected by layoff of the existence and vacancies and to ensure that those are considered who express an interest in the position.

A faculty member who held a tenured appointment on the date of separation by reason of layoff shall resume the tenured appointment upon recall. The faculty member shall receive the same credit for years of service for purposes of layoff as held on the date of layoff. The recall rights provided in this section shall not be available to faculty members holding temporary appointments, to faculty members employed less than full-time, to faculty members appointed to visiting positions and to faculty members with less than five years continuous service who are appointed to positions funded from "soft money", e.g., contracts and grants, sponsored research trust funds, and grants and donations trust funds.