Pay Zones	Minimum	Market reference point a	Market reference point b	Maximum
E2	$13.00	$13.70	$14.70	$18.10
F1	$14.00	$14.65	$15.75	$19.60
F2	$14.65	$15.55	$16.70	$20.65
G1	$15.40	$16.15	$17.70	$22.20
G1-M2	$16.40	$17.85	$19.30	-
G2	$16.90	$17.80	$19.30	$23.75
G2-M2	$19.20	$21.00	$22.80	-
G2-M3	$26.00	$28.50	$30.95	-
H1	$17.70	$18.55	$20.05	$24.70
H1-M1	$19.20	$21.00	$22.80	-
H1-M2	$22.75	$24.90	$27.00	-
H2	$18.40	$19.30	$20.80	$30.10
H2-M1	$21.10	$23.10	$25.10	-
H2-M2	$23.75	$24.75	$27.80	-

Pay zones	Job code	Functional title	Classification series	Employee group	Special market position
E2	CA185-1002	Assistant Cook	Food Service	AFSCME	-
E2	CS150-0006	Cashier	Cashier	SATSS	-
E2	CA170-1002	Food Service Assistant	Food Service	AFSCME	-
E2	CS155-0016	Laboratory Assistant	Laboratory	SATSS	-
E2	CS75-0037	Program Aide	Usher	SATSS	-
E2	CA160-1006	Sales Clerk	Sales	AFSCME	-
E2	CA175-1001	Building and Grounds Assistant	Building and Grounds	AFSCME	-
E2	CS160-0008	Clerical Assistant	Clerical Assistant	SATSS	-
E2	CS232-0014	Horse Groom	Groom	SATSS	-
E2	CS105-0025	Parking Technician	Parking	SATSS	-
E2	CS250-0008	Senior Clerical Assistant	Clerical Assistant	SATSS	-
E2	CA165-1008	Supplies Assistant	Supplies	AFSCME	-
E2	CS165-0034	Telephone Operator	Telephone Services	SATSS	-
F1	CA220-1002	Cook	Food Service	AFSCME	-
F1	CA290-1002	Senior Food Service Assistant	Food Service	AFSCME	-
F1	CS335-0002	Accounting Assistant	Accounting/Book Keeping	SATSS	-
F1	CA345-1001	Building and Grounds Technician	Building and Grounds	AFSCME	-
F1	CS345-0010	Customer Services Assistant	Customer Service	SATSS	-
F1	CS350-0017	Library Assistant	Library Support	SATSS	-
F1	CA240-1003	Maintenance /Repair Technician	Maintenance	AFSCME	-
F1	CA330-1004	Materials Handling Technician	Materials Handling	AFSCME	-
F1	CS360-0003	Program Assistant	Administrative /Program Support	SATSS	-
F1	CA280-1001	Senior Building and Grounds Assistant	Building and Grounds	AFSCME	-
F1	CS372-0032	Student Services Assistant	Student Services	SATSS	-
F1	CA250-1010	Transportation /Delivery Assistant	Transportation	AFSCME	-
F2	CA340-1001	Building and Grounds Coordinator	Building and Grounds	AFSCME	-
F2	CA360-1002	Senior Cook	Food Service	AFSCME	-
F2	CS400-0010	Customer Services Coordinator	Customer Service	SATSS	-
F2	CS325-0011	Emergency Dispatcher	Emergency Dispatch	SATSS	Yes
F2	CA350-1002	Food Service Operations Coordinator	Food Service	AFSCME	-
F2	CS330-0016	Laboratory Coordinator	Laboratory	SATSS	-
F2	CS365-0002	Purchasing Assistant	Accounting /Bookkeeping	SATSS	-
F2	CS393-0002	Senior Accounting Assistant	Accounting /Bookkeeping	SATSS	-
F2	CS378-0017	Senior Library Assistant	Library Support	SATSS	-
F2	CA325-1003	Senior Maintenance /Repair Technician	Maintenance	AFSCME	-
F2	CS405-0003	Senior Program Assistant	Administrative /Program Support	SATSS	-
F2	CA355-1009	Trades Assistant	Trades	AFSCME	-
F2	CA335-1010	Transportation /Delivery Spec	Transportation	AFSCME	-
G1	CS375-0011	Senior Emergency Dispatcher	Emergency Dispatch	SATSS	Yes
G1	CS407-0032	Senior Student Services Assistant	Student Services	SATSS	-
G1	CS410-0033	Technical Services Associate	Technical Services	SATSS	-
G1	CS470-0002	Accounting Technician	Accounting /Bookkeeping	SATSS	-
G1	CS472-0032	Student Services Technician	Student Services	SATSS	-
G1	CS464-0015	Assistant Greenhouse Supervisor	Horticulture	SATSS	-
G1	CA435-1001	Building and Grounds Spec	Building and Grounds	AFSCME	-
G1	CA385-1002	Food Production Leader	Food Service	AFSCME	-
G1	CS455-1002	Food Service Specialist	Food Service	SATSS	-
G1	CS420-0017	Library Technician	Library Support	SATSS	-
G1	CA380-1003	Maintenance /Repair Specialist	Maintenance	AFSCME	-
G1	CS380-0021	Medical Laboratory Technician	Medical Support	SATSS	-
G1	CS425-0026	Personnel Technician	Personnel /Human Resources	SATSS	-
G1	CS475-0003	Program Associate	Administrative/Program Support	SATSS	-
G1	CS435-0016	Science Stores Specialist	Laboratory	SATSS	-
G1	CS333-0016	Senior Laboratory Coordinator	Laboratory	SATSS	-
G1-M2	CA445-1009	Trade Specialist (AQT Electrician, Electronics, Elevator, Plumber)	Trades	AFSCME	Yes
G1-M2	CA445-1009	Trades Specialist	Trades	AFSCME	Yes
G2	CS545-0003	Administrative Assistant	Administrative /Program Support	SATSS	-
G2	CS550-0010	Customer Services Specialist	Customer Service	SATSS	-
G2	CS465-0015	Horticulturist	Horticulture	SATSS	-
G2	CS430-0019	Maintenance /Repair Supervisor	Maintenance Supervisor /Management	SATSS	-
G2	CS505-0002	Senior Accounting Technician	Accounting /Bookkeeping	SATSS	-
G2	CA510-1001	Senior Building and Grounds Spec	Building and Grounds	AFSCME	-
G2	CS555-0017	Senior Library Technician	Library Support	SATSS	-
G2	CA430-1003	Senior Maintenance /Repair Spec	Maintenance	AFSCME	-
G2	CS543-0026	Senior Personnel Technician	Personnel /Human Resources	SATSS	-
G2	CS525-0016	Senior Science Stores Specialist	Laboratory	SATSS	-
G2	CS557-0032	Senior Student Services Technician	Student Services	SATSS	-
G2	CS480-0033	Technical Services Specialist	Technical Services	SATSS	-
G2-M1	CA514-1009	Master Trades Specialist	Trades	AFSCME	Yes
G2-M1	CA450-1011	Utility Systems Maintenance Specialist	Utilities	AFSCME	Yes
G2-M2	CA514-1009	Master Trade Specialist (AQT Electrician, Electronics, Elevator, Plumber)	Trades	AFSCME	Yes
G2-M2	CS445-0024	Nurse	Nursing	SATSS	Yes
G2-M3	CA514-1009	Master Trade Specialist (Electrician Lineman)	Trades	AFSCME	Yes
H1	CS460-0012	Food Service Supervisor	Food Service Management	SATSS	-
H1	CS559-0002	Accounting Associate	Accounting /Bookkeeping	SATSS	-
H1	CS605-0003	Administrative Associate	Administrative /Program Support	SATSS	-
H1	CS610-0004	Bookstore Manager	Bookstore Management	SATSS	-
H1	CS595-0012	Food Service Manager	Food Service Management	SATSS	-
H1	CS600-0017	Library Associate	Library Support	SATSS	-
H1	CS500-0023	Network Infrastructure Technician	Network Infrastructure	SATSS	-
H1	CS590-0026	Personnel Associate	Personnel /Human Resources	SATSS	-
H1	CS540-0005	Senior Building and Grounds Supervisor	Building & Grounds Supervisor /Management	SATSS	-
H1	CS575-0033	Senior Technical Services Spec	Technical Services	SATSS	-
H1	CS617-0032	Student Services Associate	Student Services	SATSS	-
H1-M1	CS432-0019	Maintenance Planning Spec	Maintenance Supervisor /Management	SATSS	Yes
H1-M2	CA505-1007	Stationary Engineer	Stationary Engineer	AFSCME	Yes
H2-M1	CS660-0035	Assistant Manager Trades Shop	Trades Management	SATSS	Yes
H2	CS620-0005	Building and Grounds Manager	Building & Grounds Supervisor /Management	SATSS	-
H2	CS645-0028	Physical Facilities Manager	Physical Facilities Management	SATSS	-
H2	CS665-0003	Senior Administrative Associate	Administrative /Program Support	SATSS	-
H2	CS655-0005	Senior Building and Grounds Manager	Building & Grounds Supervisor /Management	SATSS	-
H2	CS662-0032	Senior Student Services Associate	Student Services	SATSS	-
H2-M2	CS615-0031	Stationary Engineer Supervisor	Stationary Engineer Supervisor	SATSS	-
H2	CS630-0033	Technical Services Manager	Technical Services	SATSS	Yes

Job descriptions are available on the department of human resources website: https://miamioh.edu/human-resources/managers/classified-pay-grades/index.html.

Supplemental Information

Authorized By: 3339.1
Amplifies: 3339.1
Prior Effective Dates: 9/30/2000

Rule 3339-20-05 | Miami university classification and pay program policies and procedures.

Effective:

November 3, 2023

Promulgated Under:

111.15

PDF:

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(A) Classification plan

The university shall establish, and may modify or rescind, a job classification and pay plan for all positions in the classified civil service at Miami university. The university shall group jobs within a classification so that the positions are similar enough in duties and responsibilities to be described by the same title, to have the same pay assigned, and to have the same level of qualifications for selection applied. In some cases, the physical requirements for a classification may vary based upon the essential duties assigned within the work unit.

Classification titles are assigned to each classification within the classification plan, but specific positions may be assigned parenthetical titles to further describe the types of duties performed. The university shall describe the duties and responsibilities of the class, establish the qualifications for being employed in each position in the class, and file with the state a copy of specifications for all of the classifications. The university shall file new, additional, or revised specifications with the state.

(B) Pay zones

The university shall assign each classification to a pay zone based upon the type of duties performed. Classifications that have a similar level of responsibility and qualifications will be placed within the same pay zone. The university shall establish a minimum, maximum and market reference points for each pay zone. In cases where unusual market conditions exist causing excessive turnover and/or failure to attract qualified candidates, the university may establish special market ranges for those specific classifications.

An employee's total rate of pay shall comprise of two components, base pay and premium pay. Premium pay is established through the employee's participation in the university's job enrichment program. Base pay is the rate of pay that excludes any premiums. Employees are paid the combination of base and premium for all hours reported. Employees retain premium pay at the same level should the employee accept a demotion, promotion, lateral more or lateral transfer. Premium pay shall not be included in determining if an employee is at the pay zone minimum or maximum.

(D) Hiring rates

Reflects the salary which an incumbent is provided upon entering the job, influenced by range widths and the fact that wider ranges require more latitude.

(1) External candidates

A newly hired employee's base rate shall normally be set at the minimum of the pay zone. In cases where circumstances necessitate, a starting base rate may be greater than the minimum, but not exceed market reference point b. Criteria for determining when such an exception, known as zone penetration, may be made must be documented and shall include one or more of the following: qualifications of the candidate, number of qualified applicants identified, cost and length of time associated with the recruiting campaign, and/or the pay relationship to other employees within the job class or comparable job class who possess similar qualifications.

Starting rates above the minimum, but not exceeding market reference point A shall be subject to department head approval. Starting rates exceeding market reference point A shall be subject to vice president (or designee) level approval.

(E) Hiring rates reemployment

A non-probationary classified employee who resigns or retires from the university and is reemployed into the same classification within one year from the date of such resignation or retirement, shall receive the same base rate and premium rate of pay at the time of resignation or retirement. If an employee is reemployed within a one year into a difference classification, the employee shall be treated as a newly hired employee for pay purposes, except that the employee shall retain the premium pay. Employees who are rehired after one year shall be treated as new hired employees for pay purposes, except that the employees will retain their premium pay if rehired within two years.

(F) Hiring rates reinstatement

An employee who has been reinstated after being laid off or displaced as a result of reduction in force, shall receive the same base rate and premium rate of pay at the time of his/her layoff. Any general pay increases that occurred during the layoff period will be applied to the employee's base rate.

(G) Upward movement (promotional Increases)

In cases where an internal candidate receives a promotion either through the job audit or hiring process, the base rate shall be adjusted upward by 4% or to the minimum of the new zone, whichever is greater; for each succeeding zone movement thereafter, the base salary shall be increased by an additional two per cent or minimum of the new zone, whichever is greater.

Where an internal candidate receives a promotion through the hiring process, a starting base rate may be greater than the typical promotional rate, but not exceed market reference point b. Criteria for determining when such an exceptions, known as zone penetration, may be made must be documented and shall include one or more of the following: qualifications of the candidate, number of qualified applicants identified, cost and length of time associated with the recruiting campaign, and/or the pay relationship to other employees within the job class or comparable job class who possess similar qualifications.

(H) Lateral moves/transfers

Employees accepting lateral moves or transfers will retain their current base rate of pay and are not eligible for a pay increase. In cases where an employee accepts a lateral move into a classification that is in a special market range, the employee may receive an increase to the minimum should the base rate be lower than the established special market pay minimum.

In cases where an employee accepts a lateral move from a position that is not in a special market range to one that is in a special market range, the hiring department may elect to offer an increase in keeping with promotional increases, subject to vice president (or designee) level approval. In cases where an employee accepts a lateral move from a position that is in a special market range to one that has a higher special market range, the hiring department may elect to offer an increase in keeping with promotional increases, subject to vice president (or designee) level approval.

(I) Downward movement (demotions)

In cases where an internal candidate takes a demotion, the base rate shall be decreased by four per cent for the first zone and for each succeeding zone movement thereafter, the base salary shall be decreased by an additional two per cent. In no case shall the employee's base rate of pay fall below the established minimum for the pay zone.

(J) Special market adjustments

Refers to a special premium which is established for a particular job title when unusual market conditions exist causing excessive turnover, rates significantly below the market average, and/or failure of current pay to attract qualified candidates.

The pay zone minimums, market reference points and maximums shall be moved upward based upon the evaluation performed by human resources.

In cases where special market ranges are developed, the university may adjust the base rates of current employees to maintain internal equity. In no cases shall the base rate of incumbents fall below the minimum of the special market range.

(K) Temporary working level pay adjustment

Where a vacancy exists due to a resignation or extended leave of absence and an employee at a lower pay zone is temporarily assigned the duties of vacancy position for a continuous period in excess of three weeks, the employee may receive a temporary working level pay adjustment. The base rate shall be adjusted upward by four per cent or to the minimum of the new zone, whichever is greater; for each succeeding zone movement thereafter, the base salary shall be increased by an additional two per cent or minimum of the new zone, whichever is greater. Temporary working level pay adjustments may not exceed a two year time frame. The employee is not eligible to receive additional bonuses in addition to the temporary work level pay adjustment.

(L) Pay below the minimum

In no cases shall an employee's base rate of pay be set below the established minimum for the pay zone.

(M) Proficiency movement

For incumbents obtaining a special certification, licensure or designation that exceeds the minimum requirements of the classification, the base pay may be increased by up to two per cent if not covered under an established job enrichment program. In order for this type of adjustment to be granted, the licensure, certification or designation that the individual wishes to pursue must be pre-approved by departmental management and recognized by the incumbent's professional group as applicable and relevant to the job and/or of value to the unit, department or division. If the special certification, licensure, or designation is not maintained, the base pay shall be decreased by as much as two per cent, not to exceed the amount of the original proficiency movement increase.

For incumbents performing special duties that are clearly outside of those assigned to other individuals within the classification, but do not warrant an upgrade, the current base pay may be increased by up to two per cent. For an action of this type to occur, the duties must be non-typical for the classification, readily identifiable, and performed with a degree of on-going regularity. If the incumbent no longer performs the duties the special duties for which they received the proficiency movement increase, the base pay shall be decreased by as much as two per cent, not to exceed the amount of the original proficiency movement increase.

(N) Longevity pay

Employees who have completed at least five years of service with Miami university on or before December first, qualify to participate in the longevity bonus program. Longevity pay is not a guarantee and the amount of the lump sum payment will vary from year to year based upon the ability of the university to make such payment. An employee must be in active pay status December first in order to be eligible for the payment. The longevity payment is earned in the pay week including December first.

(O) Annual pay increases

The university shall determine the amounts of and ability to grant annual pay increases. Although pay increases are generally granted during the first pay period that includes July first, the university may elect to grant increases in a differing time frame and frequency based upon business needs. General increases may be awarded to all employees in the SATSS group who have given satisfactory performance. SATSS employees with documented performance reports may not receive the general pay increase, at the request of their supervisor, and the approval of human resources.

Increases are applied to the base rate and do not impact the job enrichment premium. In cases where an incumbent's base rate exceeds the maximum, the employee is ineligible for an annual pay increase. In lieu of an increase, the employee will receive a bonus payment that is equivalent to sixty per cent of what the raise would have been based upon their full-time equivalency (FTE).

In cases where applying the entire annual increase would result in the base pay exceeding the maximum, the incumbent will receive a partial increase to the maximum. In lieu of the full increase, the employee will receive a bonus payment that is equivalent to sixty per cent of what the remainder of the raise would have been based upon their full-time equivalency (FTE).

The university may elect to pay the bonus in one or several installments. An employee must be in active pay status when the bonus is issued in order to be eligible for the payment. The bonus payment is earned in the first week of the pay period in which the bonus is issued.

(P) Job audits

A job audit is the formal review of the current duties and responsibilities assigned to a position to ensure that the position is in the appropriate pay zone and job title.

Audits are conducted by the department of human resources based on a request from the department or the non-probationary employee. The audit request shall include the name of the employee whose position is to be audited, the name of the employee's immediate supervisor and a current position description reflecting the duties currently being performed by the employee.

If the supervisor did not review the request prior to submission, the department of human resources will forward the form. The supervisor has five working days to complete his/her review and return the job analysis questionnaire to human resources. If the supervisor does not complete his or her review within five working days, human resources will continue with the audit process.

An on-site audit may be conducted in person or by video conference. At the time of an on-site audit, the employee, the employee's immediate supervisor, and other persons as deemed by human resources necessary shall be interviewed. If any party refuses to attend on-site audit interviews human resources shall render a decision based on the information and documentation submitted.

Position audits shall examine the duties currently performed. The audit report reflects duties at the time of the audit and shall reflect any change in duties if such has occurred since the date of the audit request. Duties performed while assigned in a temporary work level shall not be considered for the purposes of a position audit.

A position audit shall be deemed completed when human resources sends written notification of the results to the employee. If it is determined through the audit process the employee is misclassified, the university may either discontinue assigning the employee the duties and responsibilities found not to be inherent in his/her current classification, or may choose to reclassify the position determined appropriate by the audit process. If the position is reclassified to a position in a higher pay grade, any changes to the salary must first be recommended by human resources with the authorization from the president, vice president or appropriate designee.

Whenever a position is reclassified, human resources shall give to the affected employee a written notice setting forth the proposed new classification and changes to pay. The effective date of such change shall be the first day of the pay period following human resources' receipt of the audit request.

The decision rendered may be appealed to the department of human resource by the employee. The appeal must be submitted in writing within thirty calendar days of the date of determination by human resources. The department of human resources will conduct a second audit and render a determination. The results of the appeal are final.

Last updated November 3, 2023 at 7:48 AM

Supplemental Information

Authorized By: 3339.15
Amplifies: 3339.15
Prior Effective Dates: 2/14/2009, 3/12/2015

Rule 3339-20-06 | Recruitment, selection, and appointment.

Effective:

June 19, 2023

Promulgated Under:

111.15

PDF:

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(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.

(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.

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

(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.

Last updated June 20, 2023 at 9:20 AM

Supplemental Information

Authorized By: 3339.15
Amplifies: 3339.15
Prior Effective Dates: 3/12/2015

Rule 3339-20-07 | Reductions in force.

Effective:

October 1, 2022

Promulgated Under:

111.15

PDF:

Download Authenticated PDF

(A) General authority.

Whenever a reduction in the work force is necessary, the university shall determine the classifications in which the layoffs will occur and the number of employees to be laid off within each classification.

(B) Rationale.

For the purpose of reductions in force, 'continuous Miami university service' shall begin at the original appointment date and continue until an employee quits, is discharged for cause, is laid off beyond the recall period, fails to return to work from an approved leave of absence or retires. Student employment service is excluded.

(1) Whenever it becomes necessary for the university to reduce its work force, it shall lay off employees or abolish their positions in accordance with these rules. The reasons for position abolishment and/or layoff include lack of funds, lack of work, as a result of a reorganization for the efficient operation of the university or for reasons of economy as described herein.

(2) Employees may be laid off as a result of a lack of funds.

(a) The university itself shall determine whether a lack of funds exists and shall file a statement of rationale and supporting documentation with the university's appointing authority prior to sending the layoff notice.

(b) As used in this division, a "lack of funds" means the university has a current or projected deficiency of funding to maintain current, or to sustain projected, levels of staffing and operations. This section does not require any transfer of money between funds in order to offset a deficiency or projected deficiency. Whenever a program receives funding through a grant or similar mechanism, a lack of funds shall be presumed for the positions assigned to and the employees who work under the grant or similar mechanism if, for any reason, the funding is reduced or withdrawn.

(3) Employees may be laid off as a result of lack of work.

(a) The university shall determine whether a lack of work exists and shall file a statement of rationale and supporting documentation with the university's appointing authority prior to sending the layoff notice.

(b) As used in this division, a "lack of work" means the university has a current or projected decrease in workload that requires a reduction of current or projected staffing levels in its organization or structure. The determination of a lack of work shall indicate the current or projected decrease in workload and whether the current or projected staffing levels of the university will be excessive.

(4) Employees may be laid off as a result of abolishment of positions. The university shall determine itself whether any position should be abolished. The university shall file a statement of rationale and supporting documentation with the university's appointing authority prior to sending the notice of abolishment.

(a) As used in this division, "abolishment" means the deletion of a position or positions from the organization or structure of the university.

(b) For purposes of this division, the university may abolish positions for any one or any combination of the following reasons: as a result of lack of funds, a reorganization for the efficient operation of the university, for reasons of economy, or for lack of work.

(i) Reasons of economy permitting the university to abolish a position and to lay off the holder of that position under this division shall be determined at the time the university proposes to abolish the position. The reasons of economy shall be based on the university's estimated amount of savings with respect to salary, benefits, and other matters associated with the abolishment of the position, except that the reasons of economy associated with the position's abolishment instead may be based on the university's estimated amount of savings with respect to salary and benefits only, if:

(a) Either the university's operating appropriation has been reduced by an executive or legislative action, or the university has a current or projected deficiency in funding to maintain current or projected levels of staffing and operations

(b) the university files a notice of the position's abolishment with the director of administrative services within one year of the occurrence of the applicable circumstance described in paragraph (C)(2)(a)(i) of this rule.

(ii) The following principles apply when a circumstance described in paragraph (C)(2)(a)(i) of this rule would serve to authorize the university to abolish a position and to lay off the holder of the position under this division based on the university's estimated amount of savings with respect to salary and benefits only:

(a) The position's abolishment shall be done in good faith and not as a subterfuge for discipline.

(b) If a circumstance affects a specific program only, the university only may abolish a position within that program.

(c) If a circumstance does not affect a specific program only, the university may identify a position that it considers appropriate for abolishment based on the reasons of economy.

(5) Notwithstanding any contrary provision of the displacement procedure described in this rule for employees to displace other employees during a layoff, the university may establish a paper lay-off process under which employees who are to be laid off or displaced may be required, before the date of their paper layoff, to preselect their options for displacing other employees.

Whenever a reduction in the work force is necessary, the university shall decide in which classification or classifications the layoff or layoffs will occur and the number of employees to be laid off within each affected classification.

The order of layoff in those rules shall be based in part on length of continuous Miami university service and may include efficiency in service, appointment type, or similar other factors the university considers appropriate. If the university establishes relative efficiency as a criterion to be used in determining order of layoff for employees, credit for efficiency may be for no more than ten per cent of total continuous Miami university service.

(D) Layoff order.

For the purpose of this division a full time employee is one who has an appointment of at least six months duration for at least thirty hours per week.

(1) At Miami university, employees shall be laid off in the order in this section within the primary appointment categories of part-time temporary, then full-time temporary, then part-time probationary, then part-time permanent, then full-time probationary, and then full-time permanent.

(2) Layoffs shall be based upon continuous Miami university service order beginning with the employee having the least continuous Miami university service and continuing to the employee with the most continuous Miami university service. A list will be compiled in descending order. In cases where two or more employees have identical continuous Miami university service the tie breaker shall be the lowest last four digits of the employee's social security number. Student employment is excluded.

(3) In the classification(s) selected for layoff the appointing authority shall layoff employees and employees shall displace employees using the following "order of layoff."

(a) Part-time temporary employees in the same classification.

(b) Full-time temporary employees in the same classification.

(c) Part-time probationary employees in the same classification who have not completed their probationary period or six months of continuous service in the position, whichever is longer.

(d) Part-time permanent employees in the same classification who have completed their probationary period or six months of continuous service in the position, whichever is longer.

(e) Full-time probationary employees in the same classification who have not completed their probationary period or six months of continuous service in the position, whichever is longer.

(f) Full-time permanent employees in the same classification who have completed their probationary period or six months of continuous service in the position, whichever is longer.

(E) Order of displacementgeneral.

(1) A laid-off employee has the right to displace the employee with the least continuous Miami university service in the layoff jurisdiction in the following order:

(a) Within the classification from which the employee was laid off;

(b) Within the classification series from which the employee was laid off;

If, after exercising displacement rights, an employee is subject to further layoff action, the employee's displacement rights shall be in accordance with the classification from which the employee was first laid off.

(2) Employees shall notify the university of their intention to exercise their displacement rights, within five days after receiving notice of layoff. Employees who are either offered a vacant position or can displace the employee with the least continuous Miami university service in the same classification and full-time equivalency (FTE) must accept the position or shall forfeit all recall rights. If an employee declines a position in the same classification that is in a different FTE, the employee will maintain reinstatement rights to the classification series.

(3) No employee shall displace an employee for whose position or classification there are certain position-specific minimum qualifications, as established by the university or as established by bona fide occupational qualification, unless the employee desiring to displace another employee possesses the requisite position-specific minimum qualifications for the position or classification.

(4) Displacement related to the abolishment of a position. Any displacement of an employee within the same layoff jurisdiction due to the abolishment of positions and the operation of this chapter shall not be construed to be a transfer.

(5) Rate of pay for an employee following displacement. An employee exercising displacement rights to a lower position, or an employee displaced as a result of a layoff or abolishment, shall be paid according to the university compensation plan.

(F) Order of displacement.

Laid-off employees and employees displaced as a result of a layoff who have the right to displace shall exercise their displacement rights in the following order:

(1) Displacement within the classification. An employee is to be laid off or displaced must fill an available vacancy within the layoff jurisdiction. If no vacancy exists, the employee must displace within his or her classification in the layoff jurisdiction.

(2) Displacement within the classification series. Any employee displaced by an employee possessing more continuous Miami university service shall first fill a vacancy in the next lower classification. If no vacancy exists, the displaced employee shall displace the employee with the least continuous Miami university service in the next lower classification in the same classification series. This process shall continue through successively lower classifications in the classification series, if necessary, until the employee with the least continuous Miami university service in the lowest classification of the classification series has been reached and, if necessary, laid off.

(3) Displacement rights of an employee previously displaced. If, after an employee has exercised his or her displacement rights, the employee is to be laid off or displaced due to a subsequent layoff, the employee's displacement rights shall be in accordance with the classification from which he or she was first displaced, provided however, the employee has rights to reinstatement or reemployment in his previous classification. The employee's displacement rights from a previously held classification shall exist for a one-year period beginning with the date of the original layoff or displacement or until such time as the employee is removed from a layoff list.

(G) Continuous service and efficiencygeneral.

(1) Miami university will use continuous service with the university.

(2) An employee's length of continuous Miami university service will be carried from one layoff jurisdiction to another so long as no break in service occurs between transfers or appointments.

(3) If two or more employees have an identical continuous Miami university service, the tiebreaker will be the employee with the lowest last four digits of the social security number.

(H) Verification of continuous service.

(1) General. Employees shall be laid off using the following process for systematic consideration of continuous service. For the purpose of reductions in force, 'continuous Miami university service' shall begin at the original appointment date and continue until an employee quits, is discharged for cause, is laid off beyond the recall period, fails to return to work from an approved leave of absence or retires. Student employment service is excluded.

(2) Computation of continuous Miami university service. The university shall compute the total continuous Miami university service for each employee in the classifications affected by a layoff or position abolishment, including the classifications in which displacement may occur. A break in service as defined above will re-start the employee's continuous Miami university service.

(3) Movement into and out of affected classifications. Once the university has created the list of length of continuous Miami university service and employees, the university may not hire into or move employees into or out of affected classifications by means of promotions, intra-transfers, voluntary demotions, position control number change, lateral or classification changes, or reassignments.

(4) ) Notice of layoff, displacement, and sick leave conversion forms. A copy of the notice of layoff or displacement to employees shall be forwarded to the director resulting from a layoff.

(I) Layoff jurisdictions.

(1) The order of layoff and displacement shall apply within layoff jurisdictions. Each of the layoff jurisdictions, as defined in this section, is autonomous, and layoff and displacement, procedures shall apply only within the jurisdiction affected by the layoff.

(2) The layoff jurisdictions are as follows:

(a) Oxford campus, academic affairs

(b) Oxford campus, student affairs

(d) Oxford campus, it services

(e) Oxford campus, university advancement

(f) Oxford campus, president's office

(g) Oxford campus, enrollment management and student success

(h) Oxford campus, university communications and marketing

(i) Middletown regional campus

(j) Hamilton regional campus and voice of America center

(3) The layoff jurisdiction described in paragraph (D)(6) of this rule shall not apply to employees who:

(a) Are laid off for a temporary period of up to one hundred ten consecutive days; or

(b) Have specialized skills, knowledge, or training necessary for the performance of their job.

(J) Notification of layoff or displacement

(1) Notification of layoff or displacement. Each employee to be laid off shall be given advance written notice by the appointing authority after the employee's length of continuous Miami university service has been calculated. Such written notice shall be hand-delivered to the employee or mailed by certified mail to the employee's last known address on file with the appointing authority. If hand-delivered, such notice shall be given at least ten calendar days before the effective date of layoff or displacement and the day of hand-delivery shall be the first day of the ten-day period. If mailed, such notice shall be mailed at least fourteen calendar days before the effective date of the layoff or displacement. The day the letter is mailed shall be the first day of the fourteen-day period.

(2) Content of layoff or displacement notice. Each notice of layoff or displacement shall contain the following information:

(a) The reason for layoff or displacement;

(b) The effective date of the layoff or displacement;

(d) The right of the employee to appeal a layoff or displacement to the state personnel board of review and that the appeal must be filed or postmarked within ten calendar days after the employee is notified that he or she is to be laid off or displaced;

(e) A statement advising the employee of the right to displace another employee in the classification series and that the employee must exercise displacement rights within five calendar days of the date the employee is notified of the displacement or layoff;

(f) A statement advising the employee of the right to reinstatement;

(g) A statement that, upon request by the employee, the university will make available a copy of these rules;

(h) A statement that the employee is responsible for maintaining a current address with the university;

(i) A statement that the employee may have the option to convert accrued unused leave.

(K) Layoff listsreinstatement.

(1) Employees who have been laid off or have, by virtue of exercising their displacement rights, been displaced to a lower classification in their classification series, shall be placed on appropriate layoff lists. Those employees with the most continuous Miami university service within each category of order of layoff, as established in this rule, shall be placed at the top of the layoff list to be followed by employees ranked in descending order of continuous Miami university service. Laid-off employees shall be placed on layoff lists for each classification in the classification series equal to or lower than the classification in which the employee was employed at the time of layoff. At the time of lay off, employees must select a recall option based on a campus location(s).

(2) An employee who is laid off retains reinstatement rights at the university. Reinstatement rights continue for one year from the date of layoff. During this one-year period, if a layoff list exists, the university shall not hire or promote anyone into a position within that classification until all laid-off persons on a layoff list for that classification who are qualified to perform the duties of the position are reinstated or decline the position when it is offered.

During this time, the university shall send to the hiring department the names of the five persons having the longest continuous Miami university service for the appropriate layoff list for the classification. Such process for the filling of vacancies shall continue until no persons remain on the appropriate lay off list for the one-year period.

(3) Any employee accepting or declining reinstatement to the same classification and same FTE from which the employee was laid off or displaced shall be removed from the appointing authority's layoff list. If an employee declines a position to the same classification and a different FTE, the employee will maintain reinstatement rights for his/her original FTE.

(4) An employee who does not exercise the option to displace under these rules shall only be entitled to reinstatement in the classification from which the employee was displaced or laid off.

(5) Except as otherwise provided in this division, an employee who declines reinstatement to a classification lower in the classification series than the classification from which the employee was laid off or displaced, thereafter is only entitled to reinstatement to a classification higher, up to and including the classification from which the employee was laid off or displaced, in the classification series than the classification that was declined. This division does not apply when an employee, who was a full-time employee at the time of layoff or displacement, declines reinstatement in a part-time position.

(6) Any employee reinstated under this section shall not serve a probationary period upon reinstatement or reemployment, except that an employee laid off during an original or promotional probationary period shall begin a new probationary period.

(L) Appeal rightsgeneral.

A classified employee may appeal a layoff, or a displacement that is the result of a layoff, to the state personnel board of review. The appeal shall be filed or postmarked no later than ten days after receipt of the layoff notice or after the date the employee is displaced. An employee shall be considered displaced the date the employee is notified that another employee has exercised his or her right to displace the employee from the employee's position. In cases involving the laying off of classified employees, the affected employee or the university may appeal the decision of the state personnel board of review to the court of common pleas in accordance with section 119.12 of the Revised Code.

Last updated October 3, 2022 at 8:57 AM

Supplemental Information

Authorized By: 3339.1
Amplifies: 3339.1
Prior Effective Dates: 3/12/2015

Rule 3339-20-08 | Holidays, standard work week, overtime pay, and compensatory time.

Effective:

June 19, 2023

Promulgated Under:

111.15

PDF:

Download Authenticated PDF

(A) Definitions.

For the purposes of this rule only, full-time employee is defined as one whose regularly scheduled hours of duty total forty in a work week. Part-time employee is defined as one whose regular scheduled hours of duty is less than forty in a work week.

(B) Holidays.

University holidays shall be as follows: New Year's day, Martin Luther King Jr. day, President's day, Memorial day, Juneteenth, Independence day, Labor day, Columbus day, Veterans day, Thanksgiving day, Christmas day and any day appointed and recommended by the governor of Ohio or the president of the United States. Employees shall be paid for these holidays as specified in the rules herein.

The university may elect to observe the following holidays on days other than observed by the rest of the state: President's day, Columbus day, and Veterans day. If any of the holidays declared in this rule falls on Saturday or Sunday, the university shall designate either the preceding Friday or the following Monday as the day that the holiday is observed.

When an employee works on the day observed as a holiday, the employee shall be entitled to pay for such time worked at one and one-half times the employee's regular rate of pay in addition to the employee's holiday pay, or to be granted compensatory time off at time and one-half thereafter, at the employee's option. Payment at such rate shall be excluded in the calculation of hours in active pay status for the purposes of calculating overtime.

Except as noted in the rule herein, a full-time employee is entitled to eight hours of pay for each holiday regardless of the employee's work shift and work schedule. Part-time employees shall receive holiday pay for the hours they normally would have been scheduled to work.

An employee who is scheduled to work on a holiday and who does not report to work the day before, the day of, or the day after the holiday due to an unexcused absence, shall not receive holiday pay as provided in the rule herein.

An employee also shall not be paid for a holiday unless the employee was in active pay status on the scheduled work day immediately preceding the holiday, except that an employee need not be in active pay status on that work day in order to be paid for the holiday if the employee is on furlough. An appointment into the classified service may not be made effective on a holiday unless the employee is scheduled to work on that day.

An employee may be required to work on a holiday if there is a business necessity. Since many important religious observances occur on days not designated as legal holidays, the university will reasonably accommodate requests for leaves of absence or vacation expressly for the purpose of engaging in religious observances.

An employee who reasonably believes that s/he was wrongfully denied a request for time off for religious observances must contact the department of human resources for resolution at least seven calendar days before the religious observance.

The standard work week will begin on Saturday and end on Friday. When any classified employee who is in active pay status more than forty hours in any work week, the employee shall be compensated for such time over forty hours, except as otherwise provided in this section, at one and one-half times the employee's regular rate of pay. Overtime will be calculated in compliance with the Fair Labor Standards Act. Such compensation for overtime work is normally paid at the conclusion of the pay period.

All overtime work must be pre-authorized. Employees who work over time without prior authorization from their supervisor may be subject to disciplinary action up to and including dismissal. Employees may be exempted from the payment of compensation as required by this section only under the criteria for exemption from the payment of overtime compensation established in the Federal Fair Labor Standards Act.

(D) Compensatory time.

If the employee elects to take compensatory time off in lieu of overtime pay for any overtime worked, such compensatory time shall be granted on a time and one-half basis. Employees may use compensatory time off at a time mutually convenient to the employee and the university. Compensatory time is not available for use until the week following being earned.

An employee may accrue compensatory time to a maximum of two hundred forty hours, except that public safety employees and other employees who meet the criteria established in the Federal Fair Labor Standards Act may accrue a maximum of four hundred eighty hours of compensatory time. An employee shall be paid at the employee's regular rate of pay for any hours of compensatory time accrued in excess of these maximum amounts or if a change in the employee's status exempts the employee from the payment of overtime compensation. Upon the termination of employment, any employee with accrued but unused compensatory time shall be paid for that time at a rate that is the greater of the employee's final regular rate of pay or the employee's average regular rate of pay during the employee's last three years of employment with the state.

Last updated June 20, 2023 at 9:20 AM

Supplemental Information

Authorized By: 3339.15
Amplifies: 3339.15
Prior Effective Dates: 9/24/2010

Rule 3339-20-10 | Discipline.

Effective:

June 19, 2023

Promulgated Under:

111.15

PDF:

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(A) Grounds for discipline

Employees may be disciplined for just and proper cause to include incompetency, inefficiency, unsatisfactory performance, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of any policy or work rule of the employee's appointing authority, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony.

Any employee in the classified service who is absent from duty habitually or for three or more successive duty days, without leave and without approval by the employee's supervisor or the department of human resources for such absence may be subject to removal for neglect of duty.

This rule does not require the university to initiate disciplinary action if it is determined to be unwarranted nor does it preclude discipline or termination for a shorter period of absence if the absence is of sufficient seriousness.

Possible disciplinary actions are as follows, but not limited to: spoken reprimand, written reprimand, suspension with pay, suspension without pay, reduction of pay, demotion to next lower classification, or dismissal. The appropriate action in each individual case will be selected based upon the relevant facts, history, and/or circumstances. Similarly, whether progressive discipline is appropriate, as opposed to immediate imposition of a greater penalty, will depend upon the relevant facts, history, and/or circumstances.

The denial of a one-time pay supplement, annual increase, or a bonus is not a reduction in pay for purposes of this rule. A voluntary written agreement by an employee to accept a demotion or reduction shall be considered a satisfactory basis for such action in the absence of evidence to the contrary and is not subject to the rules herein. The salary of an employee following demotion shall be set in accordance with the pay plan. This section does not apply to any modifications or reductions in pay or work week authorized in other Miami university rules.

Conviction of a felony is a separate basis for discipline in accordance with section 124.34 of the Revised Code.

(B) Pre-disciplinary process

Before a non-probationary employee is reduced in pay or position, fined, suspended, or removed, or have the employee's longevity reduced or eliminated, s/he shall be entitled to a hearing before an administrative hearing officer appointed by the university's associate vice president of human resources. The employee will be advised of his/her right to such hearing at the time s/he is presented with the notice of proposed discipline setting forth the charges and the proposed disciple. Such charges may be for a series of events or for a single event. The notice of proposed discipline must include information regarding the basis for discipline in sufficient detail to disclose the reasons and basis for the proposed discipline and a statement that the employee is presumed not responsible until a final determination has been made at the conclusion of the disciplinary process. The notice of proposed discipline must also include:

(1) A statement that the employee may be accompanied by an advisor of their choice throughout the hearing process;

(2) A statement that the complainant (if a party as set forth below) and employee may request to inspect and review evidence prior to the hearing;

(3) A statement that knowingly making false statements or knowingly submitting false information during the hearing is prohibited and may serve as grounds for disciplinary action.

(4) The proposed discipline;

(5) The date, time, and location of the hearing. Any party may seek a temporary delay of the hearing for good cause. Good cause includes, the unavailability of a party, a party's advisor or a witness; concurrent law enforcement activity; or the need for language assistance or disability accommodation.

The parties to the disciplinary proceeding are the employee and the university's representative. In matters involving sexual harassment, sexual misconduct, domestic violence, dating violence or stalking, the complainant (alleged victim) is also a party to the proceeding and shall have all the rights of a party, including without limitation the right to cross examine witnesses through an advisor and a right to appeal the determination by the hearing officer.

The pre-disciplinary administrative hearing will be scheduled no sooner than ten business days from the receipt of the notice of proposed discipline and the hearing officer will render his/her decision within ten business days of the hearing. The decision of the hearing officer shall be final unless an appeal is filed by one of the parties within five business days of the party's receipt of the decision as set forth in the appeal process in paragraph (D) of this rule.

An employee may waive his/her right to a predisciplinary administrative hearing by signing a written waiver any time prior to the scheduled hearing. Once such waiver is filed, the waiver is irrevocable and disciplinary action may be taken by the university.

Whether or not a predisciplinary hearing is conducted, any employee who is reduced in pay or position, fined, suspended, or removed, or have his/her longevity reduced or eliminated, shall be notified, in writing, of such action. Such written notice shall be delivered to the employee by hand or mailed to the employee's last known home address by certified United States mail prior to discipline being imposed and shall state the reasons for the action. The written notification must include information regarding the employee's appeal rights where applicable.

An interim suspension may be imposed by the associate vice president of human resources before the disciplinary procedures described in this rule are initiated or resolved. During an interim suspension, the employee is relieved of all employment responsibilities; the employee may be prohibited from all or any portion of university premises, university-related activities, or be permitted to remain only under specific conditions prior to the conclusion of the disciplinary process. An interim suspension will be with compensation until the disciplinary procedures are completed.

(1) Hearings are designed to provide a prompt, fair, and impartial resolution regarding the disciplinary matter. The hearing will be held before a designated impartial hearing officer. The hearing officer will determine the order of proceedings and other matters pertinent to the conduct of the hearing. The university may elect to have legal counsel present to advise the hearing officer.

(2) The hearing may be conducted with all parties physically present or at the university's discretion any and all parties and witnesses may appear at the hearing virtually with technology enabling participants to simultaneously see and hear each other. Except in matters involving sexual harassment, sexual misconduct, domestic violence, dating violence or stalking, the failure of the charged employee to appear at the scheduled pre-disciplinary administrative hearing shall automatically waive the right to such hearing. In such event, disciplinary action may be taken by the university.

(3) The employee and any complainant may be represented, at their own expense, by legal counsel or other advisor. The university may elect to provide legal counsel to the university's representative.

(4) The parties shall submit a list of witnesses and copies of proposed exhibits to the hearing officer three working days before the scheduled hearing, with copies to the other parties. The hearing officer may notify all parties in writing before the hearing whether any of the submitted documentary evidence requires the presence of the document's author or other witness for cross examination at the hearing in order to be considered. Likewise, any party may call this issue to the attention of the hearing officer by submitting a written objection to the hearing officer, with copies to the other parties. Failure of the hearing officer or of a party to do so, however, does not prevent a challenge to the admissibility of such evidence at the hearing.

(5) The hearing officer has the authority to determine the relevance and admissibility of testimony and other evidence presented during the hearing and may place time limitations on opening and closing statements. Credibility determinations of parties and witnesses will not be made based on the person's status within the university or at the hearing. The disciplinary process does not require any party to disclose legally privileged information, unless the person holding the privilege has waived it.

(6) The university may accommodate concerns for personal safety, well-being and/or concerns regarding confrontation among the complainant, the employee and other witnesses by providing separate facilities, by using a visual screen or permitting participation by closed circuit tv, video conferencing or other means.

(7) The university will make a record of the hearing and it will be made available to the parties.

(8) Parties have the right to submit relevant evidence and cross-examine adverse witnesses. In matters involving sexual harassment, sexual misconduct, domestic violence, dating violence or stalking cross examination may only be conducted by advisors. The university will provide an advisor to any party who has not selected his or her own for the purpose of conducting the cross examination at the hearing. With the consent of the complainant, the university representative may act as advisor for both the university and the complainant.

(9) In matters involving sexual harassment, sexual misconduct, domestic violence, dating violence or stalking, the advisor must appear at the hearing to ask questions on behalf of the accused employee, even if the employee fails to appear. The hearing officer may not rely on any statements or other information related to the accused employee if the accused employees fails to appear or participate in the hearing to answer questions. The hearing officer may not to use the lack of the accused employee's participation as a factor in making determinations of responsibility.

(10) Witnesses, other than the accused employee, the complainant and the university representative, will ordinarily be present only while testifying. Each party is responsible for securing the attendance of witnesses whose testimony will be offered by such party.

(11) The standard of review used to determine responsibility is a "preponderance" standard. This determination is based on whether the greater weight of the evidence proves the allegations of misconduct.

(12) The hearing officer shall, objectively evaluate all relevant evidence, including both those that tend to prove the allegations or absolve the employee within ten business days from the close of the hearing, issue a written decision. The hearing officer will not draw any inferences based solely on a party's or witness's absence from the live hearing or refusal to answer cross examination or other questions.

(13) The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on Miami university and not on the parties. Privileged medical and treatment records may only be accessed, considered, disclosed or otherwise used by Miami university with a party's written consent to do so.

(14) The parties will be simultaneously notified, in writing, of the outcome of the disciplinary proceedings including the result of any initial, interim and final decision, the procedures for appeal and any change to the results. This notification includes whether the respondent was found responsible, and if so, the sanction(s) imposed and the rationale as well as any remedies offered to the complainant in matters involving sexual harassment, sexual misconduct, domestic violence, dating violence or stalking.

(D) Appeals

Each party has the right to file a written appeal with the human resources department within seven business days of the written decision by the hearing officer. The appeal should be addressed to associate vice president for human resources.

All parties will be notified if an appeal is filed and will have a seven calendar days to submit a written response to the appeal. Copies of the statements of appeal and any responses will be made available to all parties.

Appeals may be filed for one or more of the following reasons:

(1) Inappropriate sanction.

(2) Procedural irregularity in the adjudication of the case. In considering appeals based on a procedural defect, a new hearing will be ordered only if the irregularity is found to be substantial enough to have changed the outcome of the original hearing.

(3) New evidence that was not reasonably available at the time of the decision. In considering appeals based on new evidence, a new hearing will be ordered only if the new evidence is found to be substantial enough to have changed the outcome of the original hearing.

(4) Bias of the hearing officer.

(E) Determining merit

If the sanction is found to be inappropriate, the sanction may be increased or reduced on appeal.

If it is determined that there was a defect in procedure, new evidence or bias in a hearing officer and if it is determined to be sufficiently substantial to have affected the outcome, a new hearing will be ordered.

(F) Decision

The decision to sustain the finding of the hearing officer or change a sanction is final.

Further appeal rights to the state personnel board of review.

In decisions resulting in a reduction, a suspension of more than twenty-four work hours, a fine of more than twenty-four hours' pay, or removal (except for the reduction or removal of a probationary employee), the employee will have the right to file an additional appeal with the state personnel board of review.

Within ten business days following the date on which the written notification of discipline is served, except as otherwise provided herein, the employee may file an appeal of the order in writing with the state personnel board of review. For purposes of this rule, the date on which the written notification is served is the date of hand delivery of the written notice or the date of delivery of the written notice by certified United States mail, whichever occurs first. If an appeal is filed, the remainder of the process will be followed as outlined in the applicable sections of Ohio Revised Code.

(G) No contact directive

The director of human resources may direct an employee to have no contact with another employee or student for a specified period. No contact directives are issued when there is reason to believe that a directive would be in the best interest of the parties and/or the community for maintaining safety. Such situations include, but are not limited to: harassment, threats, physical assault, stalking, domestic violence, dating violence, sexual misconduct, retaliation or other threatening behaviors. No contact directives will typically be issued as mutual and time-limited, meaning all parties involved are subject to the same restrictions for a specified period of time. No contact directives prohibit all forms of communication between designated individuals; direct or indirect, written, electronic, through a third party, or social media. Should any employee fail to comply with a no contact directive, they may be subject to disciplinary action for violating the no contact directive.

No contact directives are distinct and different from court-imposed restraining orders or protective orders. A no contact directive is a university action and is not recognized by city, county or state law as a legal action. If a person wishes to pursue a civil protection order, they must make the request through an appropriate court.

A no contact directive may be requested in writing at any time through the office of human resources. Modification requests will be considered when submitted through the office of human resources and accompanied by evidence to support the request.

(H) General matters

The university is deeply committed to maintaining a disciplinary process that protects the rights of the accuser, the accused, and the institution. The university reserves the right to supplement or alter these disciplinary procedures any time it deems appropriate, with appropriate notice to all parties involved, to protect the constitutional rights of those involved or to comply with state and/or federal law. In particular, the university notes that it may well be necessary to supplement and/or alter these procedures in cases involving alleged sexual harassment, sexual violence, domestic violence, dating violence, and stalking in order to comply with Title IX and the Violence Against Women Act.

Last updated June 20, 2023 at 9:21 AM

Supplemental Information

Authorized By: 3339.15
Amplifies: 3339.15
Prior Effective Dates: 3/12/2015