TYPE OF SEPARATION
FACULTY AFFECTED
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QUICK REFERENCE HSC FACULTY SEPARATIONS – NON-ROUTINE ADMINISTRATIVE PROCESSES PREPARATION
Review Letter of Offer, employment contract, and funding sources Refer to applicable rules and CBA provisions Department consults with Dean and HSC Office of Faculty Affairs (OFA) Chair (COM) or Dean (COPH or CON) sends written request to take action to HSC OFA, copy to Dean. Include name, title, rank, position number, modifier, funding sources, and FTE and tenure status of each funding source, along with reasons for discontinuing appointment. Reason should be redirect funding to other priorities (discontinue the function) or maximize the grant funding, or something similar. This is not a layoff, nonreappointment, or dismissal for cause (misconduct or negligence). Send Appointment Status Form (ASF) with copy of notification to OFA when notification is given to the employee. This action is not grievable.
NOTIFICATION o o o o o o o Department advises employee of intention as far in advance as possible once the decision has been made No official written notification is required but issue written courtesy notification. Insofar as possible, give 30-60 days notice. Preserve employee’s dignity Tell employee in person OFA works with dept to draft appropriate written notification OFA approves final version of notification Notification may be signed by Chair, copy to Dean and OFA or may be signed by the Dean with copy to the Chair and OFA. Copy the PI as appropriate.
Discontinue temporary, visiting, or soft money appointment prior to or on the end date on employment contract Source: Letter of Offer and Employment Contract
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Temporary or Visiting appointments Appointed less than 1 year Funded 100% by auxiliary, Practice Plan, or contract or grant or other soft money
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o o Non-reappointment/NonRenewal of Contract Applicable Rules: 6C4-10.110, Faculty NonReappointment And 6C4-10.113 Faculty Grievances Refer also to Non-Reappointment Notification Periods for NonTenured Faculty (available from the HSC Office of FacultyAffairs) o o o o o Non-Tenure earning Non-Tenured Partial or full FTE Funded by auxiliary, Practice Plan, or contract or grant or other soft money and employed three years or more by USF o o
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Review Letter of Offer, employment contract, tenure status, and funding sources Refer to applicable rules and, where applicable to CBA provisions Department consults with Dean and OFA Dean (for CON and COPH) or Chair (for COM) sends written request to the VP for Health Sciences/Dean College of Medicine to issue a notice of non-renewal. Include name, title, rank, position number, modifier, funding sources and FTE of each funding source, tenure status, and reasons for nonreappointment. Reasons for non-reappointment could include differences in philosophy, not a good match for the job, or something similar. This is not a layoff, dismissal for cause (misconduct or negligence), or loss of soft-money funding. Send Appointment Status Form with copy of notification to OFA when notification is given to the employee Non-Reappointment is grievable.
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Advise employee of intention as far in advance as possible once the decision has been made Preserve employee’s dignity Tell employee in person Notification Period Required: I&R w/ 1-2 yrs service = 19.5 wks; non-I&R w/1-2 yrs service = 3 mos; 2+ yrs service = 1 yr; C&G/soft money for 3+ yrs = 90 calendar days (refer to Non-reappointment rule) Give employee official written notification as far in advance as possible. Department works with OFA to draft appropriate notification OFA approves final version of notification which must be signed by the VP OFA returns signed document to the department to give/discuss with employee
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TYPE OF SEPARATION
FACULTY AFFECTED o o
Layoff o Applicable Rules: 6C4-10.111, Faculty Separations from Employment and Layoff and 6C4-10.113, Faculty Grievances o
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Not appointed as Temporary or Visiting Funded from state funds; Not funded from C&G or other soft money Tenured Tenure Earning
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o o o o Dismissal for Just Cause (Misconduct or Negligence) Applicable Rules: 6C4-10.111, Faculty Separations from Employment and Layoff and 6C4-10.112, Faculty Misconduct and Negligence and 6C4-10.113, Faculty Grievances o o Tenured Faculty Other faculty when non-reappointment, or discontinuation of appointment due to loss or reallocation of funding are not applicable o o o
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PREPARATION Review Letter of Offer, employment contract, tenure status, and funding sources Refer to applicable rules and, where applicable, CBA provisions Reasons are limited to those in rule. This is not a non-reappointment or dismissal for cause. Dean makes decision as to which positions will be affected; makes recommendations to Vice President Dean/designee consults with OFA Dean/designee advises OFA in writing of intended layoffs. Include names, titles, rank, position number, modifier, funding sources and FTE of each funding source, tenure status, and reasons for layoff. Send Appointment Status Form with copy of notification to OFA when notification is given to the employee Layoff action is grievable. Conduct appropriate counseling and document. Refer to applicable rules and, for in-unit faculty, applicable provisions of the Collective Bargaining Agreement (CBA) This is not a non-reappointment or layoff. Department /Chair consults with OFA Follow principles of progressive discipline. Dean sends written request with documentation to take action to Vice President for Health Sciences. Include name, title, rank, position number, modifier, funding sources and FTE of each funding source, tenure status, and reasons for dismissal for just cause. Reasons for just dismissal may be job abandonment, misconduct, and incompetence. Send Appointment Status Form with copy of notification to OFA when notification is mailed to the employee Tenured faculty have the right to have the case reviewed by the Faculty Senate. Decision is advisory, not binding. Dismissal for just cause is grievable.
NOTIFICATION o o o o o o o Advise employee as far in advance as possible of intention, once the decision has been made Preserve employee’s dignity Tell employee in person Department works with OFA to draft appropriate notification Send official written notification so employee receives it at least 30 days prior to effective date of layoff or longer (e.g., 60 days) as determined by the CAO Send official written notification certified-mail, return receipt requested; give copy personally to employee OFA approves final version of official written notification which must be signed by the VP
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Department advises employee of action to be recommended Notification is signed by the VP. OFA sends notice of proposed action in writing certified-mail, return receipt requested Treat the employee with dignity These situations can become very volatile; do not do anything that will exacerbate the situation or stimulate retaliation/litigation. Preserve the employee’s dignity. Tenured faculty have the right to have the case heard before a committee of faculty peers. If they choose to use this option, they will notify the Faculty Senate President.
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PREPARATION A faculty member who has been absent for 12 days is deemed to have abandoned the position, unless s/he provided information about an emergency that Abandonment of Position made him/her unable to contact a supervisor o Department makes a good faith effort to locate the Applicable Rule: All faculty faculty member. Check faculty member’s home, 6C4-10.111, Faculty hospitals, police, etc. o Separations from o Dean/Department advises OFA in writing of situation, o Employment and Layoff attempts to locate faculty member, and requests approval to terminate contract due to abandonment. o Dean (COPH and CON) or Chair (COM) works with OFA to draft appropriate notification of proposed action. OFA may involve Office of the General Counsel. o Abandonment is not grievable since the employee initiates the action Prepared by HSC Office of Faculty Affairs 10/29/03 and last updated 9/17/04 o
TYPE OF SEPARATION
FACULTY AFFECTED
NOTIFICATION
OFA approves final version of notification to employee Dean (COPH and CON) or Chair (COM) sends notification to faculty
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