Ohio Administrative Code|Rule 3352-5-07 | Conditions of employment for unclassified staff.

                                                
(A) Termination
		  notification.
(1) The unclassified
			 staff of Wright state university who have been hired on a continuing employment
			 agreement can be terminated by the university. The affected staff members shall
			 be notified in writing as specified in paragraph (A)(2) of this rule. Term of
			 employment shall include only continuous employment at Wright state university
			 as classified staff, unclassified staff, or faculty with no prior breaks in
			 service.
(2) Employees can be
			 terminated for documented just cause as provided in applicable laws, rules, and
			 regulations or because of financial exigency, without notice. All unclassified
			 staff members can appeal a just cause termination in compliance with the
			 grievance procedure for the unclassified staff. Notice of involuntary
			 separation shall be provided to any unclassified staff member whose position
			 has been eliminated without just cause. The university will provide one-week of
			 notice for each full year of continuing service with the university, with no
			 prior breaks in service, at a minimum of four weeks and a maximum of up to
			 twenty-four weeks.
(a) Unclassified staff members who are on special contracts
				and/or on renewable appointments are not entitled to the notice periods
				referenced in this rule.
(B) Job descriptions and titles. To
		  achieve a rational system for the creation and assignment of titles for
		  unclassified staff positions, the department of human resources shall be
		  responsible for:
(1) Collecting and filing
			 current job descriptions for all unclassified positions and updating job
			 descriptions as needed.
(2) Conducting, with the
			 help of internal and external resources, a comprehensive review/benchmarking of
			 existing job titles and how they relate to job descriptions and to each
			 other.
(3) Recommending policy
			 to ensure consistency and fairness in the assignment of titles for unclassified
			 positions throughout the university.
(C) Unclassified staff performance
		  appraisals.
(1) Performance
			 appraisals shall be an annual requirement. The department of human resources
			 shall collect a copy of the annual performance appraisal for inclusion in the
			 employee's file in the department of human resources. In addition to a
			 written annual performance appraisal, supervisors are encouraged to provide
			 informal evaluations to their employees throughout the year. 
(2) All
			 offices/departments use the university performance appraisal process, but
			 individual offices/departments may design their own performance appraisal
			 instruments to supplement the university program.
(3) Supervisors shall be
			 provided with formal training on evaluating employees. 
(4) An educational
			 program for all members of the unclassified staff shall be conducted so that an
			 employee understands how performance appraisal benefits the university, his/her
			 office, and the employee. 
(D) Pay raise.
(1) The annual, written
			 evaluation of employees shall be a major determinant in awarding any merit pay
			 raise. 
(2) The evaluation
			 process and its relationship to awarding any annual pay raise shall be
			 explained to employees prior to implementation. 
(E) Grievance procedure. 
(1) The purpose of the
			 grievance procedure is to secure a prompt resolution to formal complaints by
			 unclassified staff members regarding the terms and conditions of employment,
			 salary, or other benefits. Complaints regarding discrimination should be
			 referred to the office of affirmative action programs for resolution and are,
			 therefore, not covered by this procedure.
(2) The grievance
			 procedure is designed to promote remediation at the lowest possible level,
			 while at the same time preserving the right of each employee to due process.
			 All deliberations and discussions relating to a grievance shall be treated with
			 confidentiality by all parties. The procedure is divided into informal and
			 formal systems.
(a) Informal grievance system.
(i) This step consists of
				  on-the-spot discussion of the grievance among the complainant, the respondent,
				  and the supervisor(s). If mutually agreeable, each party may be accompanied by
				  another employee. This step represents an attempt to rectify the problem at the
				  point of origin. 
(ii) In the absence of
				  satisfaction to all parties in paragraph (E)(2)(a)(i) of this rule, either
				  party or a supervisor of either party can have both parties to a grievance give
				  an oral presentation of the matter before the next higher administrative
				  officer. Each party can be accompanied by another employee. The reviewing
				  officer can seek guidance from a third party such as the provost, appropriate
				  vice president, or a representative from the department of human resources or
				  from the office of general counsel. The third party can act as a consultant
				  providing information concerning policies, procedures, directives, and
				  regulations which may bring about a satisfactory resolution. In cases where the
				  complaint is of such a sensitive nature that the employee feels unable to
				  discuss it with his/her immediate supervisor, the complainant can go directly
				  to the supervisor's supervisor.
(iii) The reviewing
				  officer shall give a response in writing to the aggrieved employee within five
				  working days unless an extension is mutually agreeable.
(b) Formal grievance system. In the event the grievance is
				not settled in the informal grievance system, the formal grievance system may
				be pursued to assure due process for the complainant, the respondent, and the
				university.
(i) Within ten working
				  days of the reviewing officer's report, the complain shall be made in
				  writing, giving full details, and sent to the assistant vice-president for
				  human resources, who will coordinate paragraphs (E)(2)(b)(ii), (E)(2)(b)(iii),
				  and (E)(2)(b)(iv) of this rule in a timely manner.
(ii) A panel of three
				  members of the unclassified staff shall be chosen to serve as the hearing
				  board. One shall be chosen by the complainant, one by the respondent, and the
				  third, who shall serve as chair, shall be chosen by the first two members. No
				  staff member who is related administratively (direct supervisor or direct
				  report) or personally (family member, including domestic partner) to either
				  party of the complaint shall be eligible to serve on the hearing
				  board.
(iii) The hearing board
				  shall be convened and shall conduct a formal closed hearing within ten working
				  days, providing both complainant and respondent have ample opportunity to
				  introduce evidence, and to examine, and cross-examine witnesses. Any party to
				  the case can be represented by another employee of the university. The hearing
				  board shall render a decision in writing to all parties, including the
				  appropriate administrative officer, within ten working days of the conclusion
				  of the hearing.
(iv) In the event either
				  party to the case is dissatisfied with the decision of the hearing board,
				  he/she has thirty days to appeal that decision to the president of the
				  university, subject to the president's agreement to hear the case (not an
				  appeal of right, but of choice). The president or his/her designee shall take
				  such action as is deemed necessary to assure that all parties have been
				  afforded due process and have received fair treatment. The president or his/her
				  designee can confirm the decision, overturn the decision, render a compromise
				  decision, or remand the case back to the hearing board for further hearing. The
				  decision of the president or his/her designee shall be final within the
				  university.
(F) Professional development
		  program.
(1) Purpose. The
			 professional development program is to prepare individual professional staff
			 members to serve better the educational process, the academic community, and
			 thus the institution as a whole by increasing the effectiveness of the staff
			 member in a current assignment or preparing the individual to assume a position
			 of new responsibilities at Wright state university. The spirit of the program
			 is to permit the staff member and his/her supervisor's maximum flexibility
			 in planning the individual's professional development. However,
			 unclassified staff should not submit proposals with a goal of working toward an
			 educational degree.
(2) Criteria for
			 eligibility. Any unclassified staff member who has served the university for a
			 minimum of seven full years and is employed on a continuing employment
			 agreement shall be eligible for consideration for the professional development
			 program. Eligibility alone does not guarantee that a professional development
			 leave shall be granted. Proposals shall be reviewed according to the following
			 criteria:
(a) Evidence of potential value of the professional
				development leave to the university.
(b) Performance of the individual in his/her
				position.
(c) Potential contribution of the individual to the
				university following the professional development leave.
(d) Ability of the administrative unit to absorb the work
				or suspend responsibilities during the period of the professional development
				leave.
(3) Length/salary.
			 Professional development leaves can be of varied length. Leaves of up to three
			 months shall be at full pay. Longer leaves only shall be granted if the nature
			 of the professional development project necessitates such length. Leaves of
			 more than three months but less than six months shall be at seventy-five per
			 cent of salary. Leaves of more than six months but less than nine months shall
			 be at fifty per cent of salary. Assistance with expenses shall be negotiated
			 individually with the appropriate supervisors. It is not necessary for the
			 leave time to be continuous.
(4) University benefits.
			 A staff member on a professional development leave shall still receive all
			 eligible university benefits; for example, insurance, retirement, worker's
			 compensation, consistent with applicable law, rules, and
			 regulations.
(5) Application
			 procedures.
(a) A staff member shall discuss a proposal for a
				professional development leave with his/her appropriate supervisors to assure
				that the formal application will be of significant benefit to the university.
				Application for a professional development leave is to be made in writing to
				the appropriate supervisor. The supervisor will evaluate the staff
				member's application and send the application and his/her recommendations
				to the provost, appropriate vice president, or appropriate dean. The evaluation
				shall include a specific analysis on how the administrative unit will absorb
				the work load during the development leave. The provost, appropriate vice
				president, or appropriate dean shall review all applications in his/her
				administrative or college/school area, and if supported, shall send them along
				with his/her recommendations to the president of the university for final
				approval. The staff member shall be given written notification of the action in
				a reasonable length of time. The application must include a well-considered
				plan presented with a reasonable degree of specificity, showing how the leave
				will contribute to the staff member's professional development and the
				goals of the institution. The president shall be responsible for establishing
				annual deadlines for application and can establish a process for ensuring equal
				consideration of proposals from all vice presidential areas.
(b) The terms of the leave shall be clearly stated in
				writing in the form of an agreement between the individual and the appropriate
				supervisor and executive officer.
(6) Continuing service.
			 It is expected that, under normal circumstances, a staff member shall return to
			 Wright state university for a minimum of one additional year of service
			 following the leave period.
(7) Report. A report on
			 the completed professional development leave shall be submitted to the
			 president of the university following the return of the staff member to his/her
			 duties at Wright state university.