(A) Civil service
appointments
No person shall be appointed, transferred, laid
off, reinstated, or promoted, as an employee in the classified civil service at
Miami university, in any manner or by any means other than those prescribed in
the rules herein. Persons who receive intermittent or student employee
appointments are in the unclassified civil service.
(B) Requisition to fill a
vacancy
Whenever a vacancy in the classified service is
to be filled, the head of a department, office, or hiring unit, in which a
position in the classified service is to be filled, shall notify the
university's authorized appointing authority (herein university) and
identify the position to be filled and stating the class title, location, and
number of positions to be filled, and also whether the position is to be filled
on a full- or part-time basis.
(C) Competitive selection and
promotion
(1) Vacancies in
positions in the classified service shall be filled insofar as practicable by
competitive selection. The university may provide that vacancies in positions
in the classified civil service shall be filled by promotion in cases when the
university determines it is in its best interests to do so.
(2) For classifications
where an examination is required, all examinations for promotions shall be
competitive and may be conducted in the same manner as examinations described
herein. Where an examination is not required, the university's authorized
appointing authority shall prepare an eligibility list of the persons who
applied by the deadline, meet the minimum qualifications and are
eligible.
(3) In all cases where
vacancies are to be filled by promotion, the university's authorized
appointing authority shall forward to the hiring unit the names and
applications of the candidates who applied by the deadline, meet the minimum
qualifications and are eligible. Only candidates who meet the minimum
qualifications for the position may be considered.
(D) Waiver of competitive selection
process
(1) Positions in the
classified service may be filled without competitive selection as
follows:
(a) Temporary appointments.
Except as otherwise provided herein, the
temporary appointment may not continue longer than one year, and in no case
shall successive temporary appointments be made. A temporary appointment longer
than one year may be made if necessary by reason of sickness, disability, or
other approved leave of absence of regular employees, in which case it may
continue during the period of sickness, disability, or other approved leave of
absence.
The acceptance or refusal by an eligible
person of a temporary appointment shall not affect the person's standing
on the eligibility list for permanent appointment, nor shall the period of
temporary service be counted as a part of the probationary service in case of
subsequent appointment to a permanent position.
(b) In case of a vacancy in a position in the classified
service where peculiar and exceptional qualifications of a scientific,
managerial, professional, or educational character are required, and upon
satisfactory evidence that for specified reasons competition in this special
case is impracticable and that the position can best be filled by a selection
of some designated person of high and recognized attainments in those
qualities, the university may suspend the provisions of the rules herein that
require competition in this special case, but no suspension shall be general in
its application.
(c) Reinstatement.
An employee holding a position in the
classified service who has been separated from the service without delinquency
or misconduct on the person's part, having served the required
probationary period, may be reinstated by the university's authorized
appointing authority within one year from the date of that separation to a
vacancy in a similar position in the same classification. An employee that is
reinstated from resignation following a break in service shall be given an
appointment date based on the date of reinstatement.
(d) Transfer.
A person holding a position in the classified
service may be transferred to a similar position in the same office or
department another or office or department having the same pay and similar
duties, but no transfer shall be made as follows:
(i) From a position in
one classification to a position in another classification where the individual
does not meet the minimum qualifications;
(ii) To an office or
position for original entrance to which there is required an examination
involving essential tests or qualifications or carrying a salary different from
or higher than those required for original entrance to an office or position
held by the person proposed to be transferred.
(iii) No person in the
classified civil service may be transferred without the consent of the
university's authorized appointing authority.
(E) Notice of vacancies
Notice of vacancies to be filled by competitive
selection shall be posted in conspicuous places such as an employment website,
job posting bulletin boards and university personnel offices. The vacancy
announcment must include the minimum qualifications for the open
position.
(F) Formal application
(1) The university shall
require persons applying for an original appointment to file with the
university, prior to the application deadline, a formal application, in which
the applicant shall state the applicant's name, address, and such other
information as may reasonably be required concerning the applicant's
education, training and experience. No inquiry shall be made as to religious or
political affiliations or as to racial or ethnic origin of the applicant,
except as necessary to gather equal employment opportunity or other statistics
as required by law.
(2) Applications shall be
furnished without charge to any person requesting the same. The university may
require in connection with such application such certificate of persons having
knowledge of the applicant as the good of the service demands. The university
may refuse to appoint or examine an applicant, or, after an examination, refuse
to certify the applicant as eligible, who is found to lack any of the
established minimum qualifications for the examination or position, who is
addicted to the habitual use of intoxicating liquors or drugs to excess, who
has a pattern of poor work habits and performance with previous employers, who
has been convicted of a felony, who has been guilty of infamous or notoriously
disgraceful conduct, who has been dismissed from either branch of the civil
service for delinquency or misconduct, or who has made false statements of any
material fact, or practiced, or attempted to practice, any deception or fraud
in the application or examination, in establishing eligibility, or securing an
appointment.
(3) Information showing
that an applicant meets all of the minimum qualifications as stated on a
vacancy announcement must appear on the application or supporting
documentation.
(4) Failure of an
applicant to indicate the qualifications as to experience or any other
requirements described in the vacancy announcement will be considered
sufficient cause to exclude an applicant from consideration for employment. An
applicant may correct an incomplete application as long as any necessary
corrections are made prior to the filing deadline for the vacancy.
(5) An applicant who has
filed an application for a vacancy may be permitted to change the application
for another vacancy if he or she possesses the proper qualifications for which
applications are being received, provided such change shall be requested prior
to the filing deadline for the vacancy.
(6) Fraudulent conduct or
false statements by the applicant, or by others with his connivance, in any
application or examination, shall be deemed cause for exclusion of said
applicant from any examination, or for removal of his name from the eligibility
list, or for discharge from the service after appointment from certification,
provided that the name of no person shall be removed from an eligibility list,
nor shall any person be dismissed from the service under this section, without
having an opportunity to be heard in his own behalf. Where an applicant is
excluded from an examination or his name is removed from the eligibility list
under this rule, he shall be heard by the university. If he is to be discharged
from service following appointment, the procedure established in section 124.34
Revised Code, shall be followed.
(7) Employees with
performance improvement plans (pips) may not apply nor be considered for any
positions for the duration of the plan and six months after successful
completion of the plan.
(8) Unless authorized by
the university's appointing authority, employees with performance
improvement plans (pips) may not apply nor be considered for any positions for
the duration of the plan and six months after successful completion of the
plan.
(G) Examinations and
requirements
Rules establishing educational requirements as a
condition of taking a civil service examination shall only be adopted with
respect to positions for which educational requirements are expressly imposed
by law or for which the university determines that the educational requirements
are job-related.
(H) Examinations
(1) All applicants for
positions and places in the classified service may be subject to examination.
The university shall determine the classifications for which examinations are
appropriate.
(2) Any examination
administered under this rule shall be public and be open to all. Any person who
has completed service in the uniformed services, who has been honorably
discharged from the uniformed services or transferred to the reserve with
evidence of satisfactory service, and any member of the national guard or a
reserve component of the armed forces of the United States who has completed
more than one hundred eighty days of active duty service pursuant to an
executive order of the president of the United States or an act of the congress
of the United States may file with the university a certificate of service or
honorable discharge, and, upon this filing, the person shall receive additional
credit of twenty per cent of the person's total grade given in the
regular examination in which the person receives a passing grade.
As used in this rule, "service in the
uniformed services" and "uniformed services" have the same
meanings as in the Uniformed Services Employment and Reemployment Rights Act,
108 Stat. 3149 (1994), 38 U.S.C.A. 4303.
(3) An examination may
include an evaluation of such factors as education, training, capacity,
knowledge, manual dexterity, and physical or psychological fitness. An
examination may consist of one or more tests in any combination. Tests may be
written, oral, physical, demonstration of skill, or an evaluation of training
and experiences and shall be designed to fairly test the relative capacity of
the persons examined to discharge the particular duties of the position for
which appointment is sought. Tests may include structured interviews,
assessment centers, work simulations, examinations of knowledge, skills, and
abilities, and any other acceptable testing methods. If minimum or maximum
requirements are established for any examination, they shall be specified in
the examination announcement.
(4) No questions in any
examination shall relate to political or religious opinions or affiliations. No
credit for seniority, efficiency, or any other reason shall be added to an
applicant's examination grade unless the applicant achieves at least the
minimum passing grade on the examination without counting that extra
credit.
(5) Reasonable notice
shall be given of the time, place, and general scope of every competitive
examination for appointment to a position in the civil service. Notice shall be
posted in conspicuous public place by the university at least five working days
prior to any examination being given.
(6) The university shall
prescribe the subjects of each examination and the relative weights to be
attached thereto, provided that any such determination must have been adopted
prior to the date of publication of the examination announcement. Reasonable
accommodations may be made for the testing of physically and mentally-impaired
individuals in accordance with the Americans with Disabilities Act.
(7) Any required
examinations shall comply with the Americans With Disabilities Act and other
applicable laws regarding disability.
(8) The university shall
determine a passing point for each examination based on the difficulty of that
examination and other relevant data. When a passing point is determined, it
shall be made a matter of permanent record. The university shall require a
qualifying grade for any or all parts of an examination providing notice of
such requirement is given in the general instructions accompanying the
examination. The university shall prescribe that all examinations shall be in
compliance with federal selection guidelines and professional
standards.
(I) Special examinations for individuals
with disabilities
Miami university does not discriminate against a
qualified individual with a disability because of the disability with regard to
job application or hiring, employee compensation, job training or other terms,
conditions, and privileges of employment.
A qualified individual with a disability is one
who, with or without reasonable accommodation, can perform the essential
functions of the employment position that such individual holds or desires. A
disabled employee or potential employee who requests reasonable accommodation
shall identify the specific job requirement that he or she believes should be
modified through reasonable accommodation. Miami university will provide
necessary reasonable accommodation if it can do so without undue hardship on
the operation of Miami university.
(J) Examination guidelines
(1) Notice requirements
for examinations. Notice of examinations shall be posted in conspicuous places
such as an employment website, job posting bulletin boards and university
personnel offices.
(2) Admitting applicants
to examinations. No applicant shall be admitted to any written examination more
than thirty minutes after the advertised time for beginning such examination.
Applicants who are late arriving for skills or interview examinations will be
scheduled for the next available session.
(3) Extension of time in
examinations. No applicant in any examination shall be given a longer time on
any subject than prescribed by the university. The university may establish
separate time limits for the individual accommodation of disabled
applicants.
(4) Visitors at
examinations. No visitor shall be admitted to the examination room during any
examination except by special permission of the examiner in charge. Applicants
may not place or accept phone calls or electronic communications during the
examination.
(5) Inspection of papers.
Any competitor shall have the right at any time within the period of ten days
after receiving notice of examination grade to request, in writing, a review of
his or her own papers to learn the markings given on each subject or question
and to submit in writing for the university's consideration, any
objection or protest he or she may wish to make concerning the grades given. No
objection or protest concerning an examination, not submitted in writing, shall
be considered unless it relates to the conduct of examiners, the securing of
unlawful assistance by a competitor, or such other circumstances in connection
with an examination as would call for an investigation on the part of the
university, and which would require that the information submitted be given in
confidence. An applicant who exercises the right to inspect his or her
examination papers shall not be permitted to again take an examination for the
same classification within a four-month period following the inspection, unless
an alternate form of examination is given. Inspection shall not be permitted of
standardized tests prepared by experts outside the state service, where such
inspection would tend to reduce the validity of test results.
(6) Changing of grades.
No grades given in any examination shall be changed after the posting of an
eligibility list, except after the consideration of reasons submitted in
writing by the competitor objecting and report thereon by the
university's properly authorized examiners; provided that the university
may correct clerical errors of examiners or employees at any time before the
cancellation of such lists.
(7) Postponement or
cancellation of examinations. Examinations, unless canceled or postponed, must
be held upon dates fixed by the university. A scheduled examination may be
canceled or postponed by order of the university, for adequate reason.
Reasonable efforts shall be made to notify each approved applicant of
cancellation or postponement.
(8) Credit for military
service. When proper proof of military service, as noted herein, is presented
to the university and the applicant, being otherwise eligible, has received a
passing grade in any examination for original appointment, he or she shall be
granted additional credit of twenty per cent of such grade, thereby receiving a
final grade of twenty per cent higher in view of the above-mentioned service.
The applicant must submit proof of honorable discharge or honorable separation
from active military service prior to the posting of an eligibility
list.
(9) Repeating
examinations. An applicant who has competed in a civil service examination may
not repeat that examination or take an examination for the same classification
within four months from the date of original examination, unless an alternative
form of examination is given, or unless other standards are specified in the
examination announcement, provided that the university's designated
appointing authority may waive in writing this rule upon written request from
an applicant stating substantial reasons for granting such waiver.
(10) Release time for
examinations. University employees shall be allowed necessary time off without
loss of pay to compete in any civil service examination conducted by the
university.
(11) Character and
fitness of applicant. Satisfactory information produced at any time to the
university, either before or after examination, that an applicant has committed
acts which demonstrate character traits which would be detrimental to
successful performance of the employment sought, or of the applicant's
dismissal for good cause from any branch of public service, or of his or her
conviction of a job related felony or has an established pattern of poor work
habits and performance with previous employers, shall be sufficient to exclude
the applicant from examination, or to remove the applicant's name from
any eligibility list, providing such person shall be notified as to the reason
and shall be given an opportunity for a review by the university. All
documentation submitted by applicants or references as to character and fitness
shall be subject to investigation by the university.
(K) Medical or psychological examination
as a requirement for appointment to the classified service
(1) Medical examination
defined. For purposes of this rule, a "medical examination" is an
evaluation by a licensed practitioner of an applicant's physiological or
psychological condition as it relates to employment in the classification being
considered.
(2) Licensed practitioner
defined. For purposes of this rule, a "licensed practitioner" is a
physician, psychiatrist, psychologist, or other appropriately licensed mental
health professional such as a licensed professional clinical counselor or a
licensed independent social worker who is licensed to perform the appropriate
examination.
(3) When a medical or
psychological examination is required by the university such requirement shall
be published in the examination or vacancy announcement and shall comply with
the Americans With Disabilities Act and other applicable laws regarding
disability.
(L) Appointments from eligibility
lists
(1) The head of a
department, office, or hiring unit, in which a position in the classified
service is to be filled, shall notify the university of the fact, and the
university shall, except as otherwise provided in these rules, forward the
names and applications of the candidates who completed the application process
by the deadline, who meet the minimum qualifications, and who are
eligible.
(2) The office of equity
and equal opportunity (OEEO) will provide to the hiring department an applicant
flow data report of qualified applicants for the position. The report indicates
the composition of the pool of qualified applicants. It is the responsibility
of the hiring department to contact oeeo to obtain the report prior to
selecting candidates for interview. If oeeo determines the candidate pool is
not acceptable, then in consultation with the department of human resources and
hiring department a determination will be made whether to conduct additional
recruitment or close the search. If additional recruitment is undertaken, the
hiring departments must request an updated applicant flow data report prior to
interviewing candidates. Once the applicant pool is approved by oeeo, the
hiring unit shall review the applications and select for interview the
applicants who best meet the qualifications for the position.
(3) When an examination
is not required, the university shall prepare an eligibility list of the
persons who completed the application process by the deadline, who meet the
minimum qualifications, and who are eligible.
(4) From the returns of
the examinations, the university shall prepare an eligibility list of the
persons whose general average standing upon examinations for the grade or class
is not less than the minimum, and who are otherwise eligible. Those persons
shall take rank upon the eligibility list as candidates in the order of their
relative excellence as determined by the examination without reference to
priority of the time of examination. If two or more applicants receive the same
mark in an open competitive examination, priority in the time of filing the
application shall determine the order in which their names shall be placed on
the eligibility list, except that applicants eligible for veteran's
preference shall receive priority in rank on the eligibility list over
nonveterans on the list with a rating equal to that of the veteran. Ties among
veterans shall be decided by priority of filing the application. If two or more
applicants receive the same mark on a promotional examination, seniority shall
determine the order in which their names shall be placed on the eligibility
list. The term of eligibility of each list shall be fixed by the university at
not more than one year.
(M) Recommendation to hire
(1) The hiring department
shall recommend to the university the name of the candidate to whom an offer of
employment should be extended. If there are multiple vacancies, the hiring
department may recommend multiple candidates for consideration. Only the
university's authorized appointing authority may extend an offer of
appointment.
(2) When an applicant
whose name has been included on an eligibility list indicates not being
interested in the position, or declines an offer of appointment if one is made,
the individual's name shall be removed from the eligibility list, subject
to the following qualifications:
(a) If the applicant's decision is based on military
service his/her name shall be restored to the list when he or she indicates
their availability for consideration.
(b) An applicant whose name has been removed from a list
under this rule may be restored to the list upon presentation to the University
of reasons or evidence which would justify restoration to the
list.
(N) Probationary periods
(1) All original
appointments, promotional appointments, lateral appointments to a position in a
different classification, and demotions to a position in a different job
family, shall serve a fixed probationary period, as described
below:
(a) Original appointment one hundred eighty day
probationary period
(b) Promotional appointment one hundred twenty day
probationary period
(c) Lateral appointment in a different classification
ninety day probationary period
(d) Demotions to different job family ninety day
probationary period
Original appointments to the police department
as a police officer shall serve a probationary period of one year. No
appointment or promotion is final until the appointee has satisfactorily served
the probationary period.
(2) If the service of the
probationary employee is unsatisfactory, the employee may be removed or reduced
at any time during the probationary period. The university may remove or reduce
a probationary employee. Whenever an employee is given a probationary removal
or reduction, a written statement of the reasons for such action, signed by the
university's authorized appointing authority, showing the respects in
which the employee's service was not satisfactory, shall be given to the
employee. A probationary employee duly removed or reduced in position for
unsatisfactory service does not have the right to appeal the removal or
reduction under section 124.34 of the Revised Code.
(3) Time spent in no-pay
status shall not be counted as part of the probationary period. Probationary
periods shall be extended by an equal number of days the employee spent in
no-pay status.
(4) The university may,
with the written consent of the employee and written approval of the
employee's supervisor, extend an employee's probationary period for
up to sixty days to allow additional time to review the employee's
performance. A probationary period extension shall only be granted if an
employee consents to the extension prior to the end of the employee's
normal probationary period.
(O) Probationary period for part-time
workers
Part-time employees who work a portion of each
normal working day shall have their probationary period determined by the
number of calendar days following appointment in the same manner as full-time
employees. Part-time employees who work who work less than the normal number of
working days per week shall have their probationary period determined on the
basis of time actually worked as described:
(1) Five hundred hours
are equivalent to a ninety-day probationary period.
(2) Six hundred seventy
hours are equivalent to a one hundred twenty-day probationary
period.
(3) One thousand hours
are equivalent to a one hundred eighty-day probationary period.
(4) One thousand four
hundred hours are equivalent to a two hundred fifty- two day probationary
period.
(5) One thousand five
hundred hours are equivalent to a two hundred seventy day probationary
period.
(6) One thousand seven
hundred hours are equivalent to a three hundred day probationary
period.
(7) Two thousand hours
are equivalent to a three hundred sixty five day probationary
period.
(P) Seasonal positions
All positions, where the nature of the work is
such that the service is limited to increments of ninety days or less and is
not continuous throughout the year, and recurs in successive calendar years,
shall be designated as "seasonal" positions. Any person appointed
to such seasonal position who has successfully performed, and who has been
temporarily separated from the service during the inactive season, shall be
placed first on the hiring list for the succeeding season of employment in the
same position, provided the person is not in the meantime disqualified for any
cause. Any person appointed to a seasonal position, who is not assigned to work
for a period of one year due to lack of work or the person's refusal of
available work shall be deemed ineligible for further assignment through
placement on the list.
