CONDITIONAL OFFER LETTER

MEMORANDUM TO: FROM: Online Personnel Action System (OPAS) Initiators and Approvers Alex M. Johnson, Vice Provost for Faculty Recruitment and Retention and Chair, Faculty Process Simplification Work Group and Implementation Team Changes in OPAS Faculty Hiring Procedures August 5, 1999 SUBJECT: DATE: The Process Simplification Work Group was formed over two years ago and given the task of analyzing the University=s faculty hiring procedures in light of changes wrought by the development and use of the Online Personnel Action System (OPAS). As part of its charge, the Work Group was asked to make recommendations for changes in the University=s faculty hiring procedures to fully integrate OPAS into the faculty hiring process and to eliminate duplicative and inefficient procedures that were made unnecessary as a result of OPAS. That Work Group completed its task at the end of last year and made several recommendations to the Integrated Systems Project Task Force. Those recommendations were approved and a Faculty Process Implementation Team was then formed to make operational those proposed changes. I am happy to report that the Implementation Team=s proposed changes in the faculty hiring procedures have been vetted by the University=s Office of the General Counsel and approved by the Vice President and Provost and the Vice President and Provost for Health Sciences. Moreover, the requisite software changes have been accomplished in Human Resources and incorporated into OPAS. As a result, effective September 1st, the following changes in faculty hiring procedures will take effect. The purpose of this memo is to alert you to those changes and briefly explain how they will impact the faculty hiring process in your role as either or both initiator or approver in the chain of OPAS actions. PROCEDURES THAT HAVE BEEN ELIMINATED: 1 1. Elimination of P12a (Faculty Data Sheet). After August 1st, the P12a (Faculty Data Sheet) will no longer be required to be submitted to the appropriate Provost=s Office for any new proposed hire. Indeed, any such form, if submitted, will be returned to the hiring unit. Although the P12a and the information collected as a result were once required by the state, it is no longer required. The Work Group determined that the P12a currently serves only one purpose: the individual hired certifies that his/her resume/C.V. is accurate at the time of submission. Instead, after September 1st, the individual will be able to certify that his/her resume/C.V. is accurate at the date of submission when the offeree accepts the position offered by agreeing to the terms of the offer letter by signing and returning same to the offeror (see Standardized Offer Letter below) with the notation that the resume/C.V. is accurate at the time of submission. By adding this one sentence to the offer letter, the utility of the P12a is eliminated, thus ridding offerers and offerees of the necessity of filling out and collecting this cumbersome form. 2. Elimination of the Preliminary Approval Form (PAF). After September 1st, the Preliminary Approval Form (PAF or “pink form”) will no longer be required to be submitted to the appropriate Provost=s Office for any new proposed hire. Indeed, any such form, if submitted, will be returned to the hiring unit. This does not ban or eliminate the use of the PAF within units (e.g., SEAS) if the hiring unit determines that the circulation of the PAF within the unit provides the unit with some internal value in monitoring hires within the unit (i.e., department chairs, for example, may be required to submit a PAF to the appropriate Dean=s Office for decanal approval before an offer is extended to a candidate) prior to final submission of the proposed hire to the appropriate Provost=s Office. However, even if a PAF is used internally within a hiring unit, that PAF should not be submitted to the appropriate Provost=s Office. The Work Group determined that the PAF adds no value to the faculty hiring process and should be eliminated. Given the hiring authority resident in the hiring units and the decentralized nature of our hiring structure (within certain well-known minimums, e.g, full professors must receive a minimum salary of $50,000), hiring units are free, subject to internal budgetary constraints, to establish their own salaries and terms of employment. As a result, very few, if any, PAF=s are rejected by the appropriate Provost=s Office. Moreover, since the offer has typically been communicated and accepted by the affected individual in the rare case when an offer is rejected by the appropriate Provost=s Office, it really doesn=t matter whether it is rejected at the PAF stage or when final approval is sought in the appropriate Provost=s Office. At that point in time, the hiring unit must notify the affected individual that the offer has been rejected, for whatever reason, by the Provost=s Office and, if warranted, an acceptable offer must then be generated. Finally, the elimination of the PAF will eliminate the duplicate review that currently takes place in the Provost=s Office which is inefficient and time wasting. In addition, since PAF=s would no longer be required to be routed through the appropriate Provost=s Office and hiring units would use a standardized offer letter (see below), there is no need for hiring units to send offer/acceptance letters to the Provost=s Office for review. Instead, these would be sent directly to Human Resources and maintained in the individual=s personnel file. 2 CHANGES IN EXISTING PROCEDURES: 1. Creation of a standardized offer letter. As noted previously, most units extend an offer letter to the prospective hire and obtain acceptance of the offer letter by the prospective hire before any action is taken on the offer through OPAS. Since approval by the appropriate Provost (or, for that matter, the Board of Visitors) has not been obtained, these offers are conditional and should allow the offer to be rescinded if the requisite approvals are not obtained. Consequently, there is a possibility that offers may be extended that bind the University to the terms of the offer even if the requisite approvals are unattainable. To avoid that possibility, we encourage hiring units to use the attached “Standard Offer Letter,” that is attached as Appendix A and which has been approved by the General Counsel=s Office whenever an offer is extended. A quick review of the Standard Offer Letter will reveal that the “Standard Offer Letter” is a template from which various pre-approved paragraphs can be selected by the hiring entity to extend an offer to any type of faculty member from a lecturer (general faculty) to a tenured full professor. Specific instructions are provided in the Standard Offer Letter regarding which provisions are mandatory (e.g., when offering a foreign national, a paragraph must be included that certifies that the individual being hired has the appropriate documentation to enter the country and to obtain lawful employment). Any hiring unit may use the Standard Offer Letter without obtaining the appropriate Provost=s or General Counsel=s approval. The use of the Standard Offer Letter is not required. However, if the hiring unit chooses not to use the Standard Offer Letter, approval for same must be received from the appropriate Provost=s Office prior to the issuance of the offer. 2. Adding a Field for OEO Approval. To comply with existing law, a field has been added to the Online Personnel Action System (OPAS) that requires the approval of the Office of Equal Opportunity (OEO) before an original action hiring a full-time faculty member (general or tenure-track) can be routed to and approved by the appropriate Provost=s Office. All original actions requiring OEO approval (those full time hires for which a search has been conducted or for which an exemption to a search has been sought and received by the OEO) must first be routed to the OEO by the initiator and/or the ultimate approver in the hiring unit by so designating in the appropriate OPAS field (a list of ultimate approvers in the hiring units is attached as Appendix B). A prompt will appear asking whether an action needs OEO approval. If the initiator indicates that the action needs to be routed to the OEO, the action will proceed normally to the ultimate approver in the hiring unit. After the ultimate approver approves the action, the action would then exit the hiring unit=s que and be sent electronically to the OEO for its approval. Following approval by the OEO, the action is then forwarded to the Provost=s Office for its approval. In the event that the initiator or someone else in the chain of approvers has mistakenly identified the action for OEO approval, the ultimate approver in the hiring unit can eliminate the designation that would route the action to the OEO and therefore cause the action to be forwarded directly to the appropriate Provost=s Office. Conversely, if the initiator or others in the chain of approvers have erroneously failed to identify an appropriate action for OEO approval, the ultimate approver in the 3 hiring unit may designate the action in the appropriate field for OEO approval and cause the action to be routed to the OEO before it is ultimately routed to the appropriate Provost=s Office. To insure that only those actions requiring OEO approval are routed to the OEO for requisite approval, the initiator of the action must be able to discern which actions -original full-time appointments in which a search has been conducted or for which an exemption from such a search has been sought and received from the OEO -- require OEO approval. The Provost=s Office, before it approves any action that requires OEO approval, will verify that such approval was sought and received before it gives final approval to the action by ascertaining through the OPAS system that the OEO=s approval has been given. If, however, an action was processed that bypassed the OEO office because the ultimate approver mistakenly believed that OEO approval was not required, and therefore did not designate in the appropriate field that the action be routed to the OEO, the action will be rejected by the appropriate Provost=s Office and returned to the ultimate approver who will have to start the process anew. Hence, it is in the interest of the ultimate approver in the hiring unit to insure that those actions requiring OEO approval have been appropriately designated and sent to the OEO for that necessary approval. Failure to do so can result in a significant delay in obtaining provostial approval and perhaps even result in a denial of approval by the appropriate Provost=s Office. The Process Simplification Work Group and Implementation Team believe that the changes described above will result in a more efficient hiring process that is consistent with current hiring practices. However, these changes will be effective only if the users of OPAS are conversant and comfortable with the practices described herein. Hence, I encourage you to read and re-read this memo carefully to insure your understanding of the changes that will take place in the faculty hiring process effective September 1, 1999. If, however, you have any questions, please do not hesitate to contact my assistant, Keith Roots, at 2-2814 or via email at kroots@virginia.edu. AMJ:ph Attachments Appendix A - Standard Offer Letter Appendix B - List of Ultimate Approvers cc: Process Simplification Work Group 4 INSTRUCTIONS FOR CONDITIONAL OFFER LETTER Inclusion of Additional Paragraphs from Attached Menu Office of the Vice President and Provost By: Alex Johnson, Vice Provost ______________________________________________ 1. For the first paragraph of the letter, you must select one paragraph from Item I., A. - F.2., depending upon the title of the person being offered the position. 2. If the individual is being hired as a supervisor and/or has hiring authority, you must include the paragraph shown in Item II. It should be added to the conditional offer letter as the last paragraph before the closing line (i.e., I look forward to our future…). 3. If you are hiring a foreign national, temporary or permanent, you must include the applicable paragraphs under Item IV. It should be added to the conditional offer letter directly after paragraph four. 5 CONDITIONAL OFFER LETTER Updated 3/10/2000 Date: _________________ Dear __________________: FIRST PARAGRAPH: (make selection as applicable from attachment) The terms and conditions regarding your employment are contained in the Faculty Handbook, which may be found on the Provost's homepage at the following address: http://www.virginia.edu/provost/handbook.html. Information on faculty benefits may be found at: http://www.hrs.virginia.edu/facben.html. Additional significant policies and procedures include those on conflict of interest, ownership of intellectual property (patents, copyrights, royalties, etc.), the disposition of income generated from consulting and other professional activities, and the direct deposit of paychecks. It is your responsibility to be aware of these policies and procedures as well as others that may apply to you. You should further be aware that these policies may be changed from time to time by the governing board or administration. The University has an honor system of which its students and alumni are proud. The student body administers the system through the annually elected Honor Committee. In accepting this offer, you are indicating a willingness to cooperate with the student body in maintaining the honor system. Your duties and responsibilities will be determined by (hiring entity). If you desire further information concerning the University, this position, or any other matter, do not hesitate to call upon me or (hiring entity). Please indicate your acceptance of the terms of this offer by signing below, and returning a copy of this letter to me. Assuming approval by the Provost and verification from the Office of Equal Opportunity that this offer complies with University policies, your acceptance will enable, if warranted, the President of the University to recommend your formal election to the faculty by the Board of Visitors at its next meeting. I look forward to our future association in the University community. Sincerely, 6 Conditional Offer Letter Page 2 I warrant that the credentials reflected in the curriculum vitae submitted with my application are correct, and accept the offer contained in this letter by signing below. Signature: ___________________________ Date: ___________ Cc: Peter Low/Robert Cantrell 7 VICE PRESIDENT AND PROVOST PETER W. LOW Menu of Additional Paragraphs - Conditional Offer Letter ______________________________ I. FIRST PARAGRAPH (Choose From Paragraphs A-F2) A. Tenure-Track Faculty I am pleased to inform you that subject to approval by the Provost, and your ultimate election to the faculty by the Board of Visitors, you are invited to join the academic faculty of the University of Virginia as a tenure-track (Acting Assistant/Assistant/Associate) Professor in the Department of *. The term of this appointment will be three, four, or five academic years commencing * through *, renewable following satisfactory review. The starting nine-month academic year salary will be, paid in nine monthly installments, with the first payment on *. (Discuss terms, arrangements, moving, etc.) Note: If offeree does not have Ph.D. add paragraph number III below. B. Tenured Faculty I am pleased to inform you that subject to approval by the Provost, and your ultimate election to the faculty by the Board of Visitors, you are invited to join the academic faculty of the University of Virginia as a Professor, without term (tenured) in the Department of *, effective *. The starting (9/12) month (academic/calendar) year salary will be *, paid in (9/12) monthly installments, with the first payment on *. (Discuss terms, arrangements, moving, etc.) C. Research Faculty I am pleased to inform you that subject to approval by the Provost, and your ultimate election to the faculty by the Board of Visitors, you are invited to join the research faculty of the University of Virginia as a Research (Assistant/Associate/Full) Professor in the Department of *. The term of this appointment will be for * calendar years commencing * through *. The starting annual salary will be *, paid in twelve monthly installments, with the first payment on *. This appointment is contingent upon the continued availability of research funds. (Discuss terms, arrangements, moving, etc.) D. Adjunct Faculty – (Lecturers/Instructors) I am pleased to inform you that subject to approval by the Provost, you are invited to join the adjunct faculty of the University of Virginia as (Lecturer/Instructor) in the Department of * at a salary of * for the (semester/academic year), beginning * through *. (Include terms, classes, etc.) 8 E. Research Professional I am pleased to inform you that subject to approval by the Provost, you are invited to join the (specify part-time if applicable) research professional staff of *(applicable school), as a (Research Assistant, Research Associate, Research Scientist, Sr. Scientist, Principal Scientist) in the Department of *. This twelve-month appointment, effective * will be for * calendar year (s), at an annual salary of $*. All research professional appointments are contingent upon the continued availability of research funds. E.1. Research Professional – Foreign Nationals I am pleased to inform you that subject to approval by the Provost, you are invited to join the (specify part-time if applicable) research professional staff of *(applicable school), as a (Research Assistant, Research Associate, Research Scientist, Sr. Scientist, Principal Scientist) in the Department of *. This twelve-month appointment, effective * will be for * calendar year (s), at an annual salary of $*. All research professional appointments are contingent upon the continued availability of research funds and upon your receipt of the appropriate visa for the term of this offer. F. General Faculty F.1. General Faculty (Academic/Instructional) I am pleased to inform you that, subject to approval by the Provost, you are invited to join the academic/instructional [pick one] General Faculty of the University of Virginia as (Assistant Professor, Associate Professor, Professor, Lecturer, Instructor) in the Department of * at a salary of * for the (semester/academic year (s), beginning * through *. This is a non-tenure accruing position as described in the General Faculty policies on the Provost’s homepage at http://www.virginia.edu/provost/genfacpolicies.html. General Faculty grievance procedures are also located at this website. F.2. General Faculty (Administrative/Professional) I am pleased to inform you that subject to approval by the Provost, you are invited to join the administrative/professional [pick one] General Faculty of the University of Virginia as (Assistant Professor, Associate Professor, Professor, Lecturer, Instructor) in the Department of * at a salary of * for the (semester/academic year (s)), beginning * through *. You concurrently will hold the administrative title of * . This is a non-tenure accruing position as described in the General Faculty policies on the Provost’s homepage at http://www.virginia.edu/provost/genfacpolicies.html. General Faculty grievance procedures are also located at this website. II. If the individual is hired as a supervisor and/or has hiring authority, include this paragraph just before the closing line of the conditional offer letter. Because you will be acting in a supervisory position and will be involved in our hiring process, we need to secure by your signature below your agreement to be held accountable for EO/AA policies and compliance in your area of 9 responsibility, which policies may be found on the Equal Opportunity Office homepage at http://www.virginia.edu/eop/. III. If the individual being hired in a tenure-track position does not have a Ph.D., insert this information between paragraphs one and two: A. Should you fulfill all your Ph.D. requirements before August 25, 1999, I will change your rank to Assistant Professor, tenure-track, for a term of three or four academic years. If you finish degree requirements during the course of the 1999-2000 session, I will appoint you as Assistant Professor, tenure-track, for a term ending May 24, 2003. If you have not finished degree requirements during the 1999-2000 session you may be reappointed as Acting Assistant Professor for an additional academic year, but the University has no contractual obligation to reappoint you at any rank past that point. B. C. IV. Foreign Nationals: Insert after paragraph 4 in conditional offer letter. Permanent Foreign Nationals Foreign Nationals who will be in tenured, tenure-track or long-term research positions and will be in need of an H-1B and or Permanent Residency should contact Ms. Marcia Taylor, Advisor for International Faculty, 203 Minor Hall, University of Virginia, for assistance in processing the Labor Condition Application . (Note: The paragraph below replaces paragraphs 5 and 6 in conditional offer letter) Please indicate your acceptance of the terms of this offer by signing below, and returning a copy of this letter to me. This will enable the Provost to recommend your formal election to the faculty by the Board of Visitors. It is understood, however, that you will make appropriate arrangements for your visa status and that the Board of Visitors cannot act on your appointment to the faculty until we have received a copy of your I-94 and/or all other Immigration and Naturalization Service (INS) documents authorizing appropriate employment. I look forward to your acceptance and to our future association in the University community. Temporary Foreign Nationals (full-time or part-time) Foreign Nationals who will be in a temporary visiting position and wish to apply for entry to the United States under the Exchange Visitor Program of the University of Virginia should contact Ms. Suzanne Louis, Exchange Visitor Program Responsible Officer, International Studies Office, Minor Hall, 2nd Floor, University of Virginia, to make appropriate arrangements. (Note: The paragraph below replaces paragraphs 5 and 6 in conditional offer letter) 10 Please indicate your acceptance of the terms of this offer by signing below, and returning a copy of this letter to me. It is understood, however, that your appointment to the faculty will not be finalized until we have received a copy of the Employment Eligibility Verification (form I-9) and/or all other Immigration and Naturalization Service (INS) documents authorizing employment. I look forward to your acceptance and to our future association in the University community. 11 Appendix B LIST OF ULTIMATE APPROVERS ONLINE PERSONNEL ACTION SYSTEM (OPAS) (Submitted 7/99 by Barbara Henry in Human Resources; updated 10/00 – Please contact Keith Roots in the Provost’s Office if you see any inaccuracies or omissions) Marva Barnett, Teaching Resource Center Nancy Bertram, Arts & Sciences Julian Bivins, Development Dave Boling, Financial Analysis Susan Breeden, Curry School of Education David Breneman, Curry School of Education Russell Callender, VA Graduate Marine Science George Culbertson, Clinch Valley Mark Doherty, Housing Louise Dudley, University Relations Sandra Emery, McIntire School of Commerce Mary Fielding, Environmental Health & Safety Charles Fitzgerald, Development Elizabeth Fortune, Architecture Tim Gillet, Asst VP for Finance Elaine Hadden, Law School William Harmon, VP for Student Affairs Connie Hope, Clinch Valley Susan Howell, McIntire School of Commerce Marshall Hunt, Housing Amy Cronin, President's Office Megan Koch, Executive VP Stella Loftin, Housing 12 L. Susie McCormick, ITC William McDermott, Curry School of Education Shirley Menaker, VP & Provost Robert Pate, Curry School of Education Mark Reisler, Darden Kenneth Schwartz, Architecture Robert Scott, Law School Colette Sheehy, VP for Mgmt & Budget Ken Sinarski, Accounting Operations Mary Smith, Engineering Randy Smith, McIntire School of Commerce Richard Sundberg, Arts & Sciences John Thomas, Cooper Center for Public Service William Thurneck, Engineering Rick Turner, Afro-American Affairs John Unsworth, Advanced Technology in the Humanities Karen Van Lengen, Architecture Robert Vaughan, Va Foundation for the Humanities Betsy Watson, Va Graduate Marine Science Anda Webb, Continuing Education Tammy Wilkins, Executive VP Paul Willis, Provost Karin Wittenborg, Alderman Philip Zelikow, Miller Center for Public Affairs Users who route directly to HR: Gretchen Arnold, HSC Library Melody Bianchetto, Budget Office Gwen Christmas, School of Nursing Timothy Conlon, VNI Kellie Gildersleeve-Price, School of Medicine Dean's Office Gary Holdren, Health Sciences VP & Provost Mark Holdren, School of Nursing Nancy Marr, School of Nursing Tonja Moore, School of Medicine Dean's Office James Scott, School of Medicine Dean's Office Angela Seago, School of Nursing Jane Walton, School of Nursing Linda Watson, HSC Library 13