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Rule 3344-61-01 | Definitions.
This chapter of the Administrative Code, originally
approved by the board of trustees effective July 1, 1996, and revised in
February 2015, applies to all professional staff members of the university and
all other unclassified personnel not included under the faculty and librarian
personnel policies, or covered by the university's collective bargaining
agreements with the "American Association of University Professors,"
(AAUP), or "Service Employees International Union, (SEIU). Executive staff
reporting directly to the president are not covered by rule 3344-61-04 of the
Administrative Code or by paragraphs (E)(1) to (E)(5) of rule 3344-61-07 of the
Administrative Code; these professional staff members serve at the will of the
president. (A) "Professional staff
members" are employees of the university and all other unclassified
personnel not included under the faculty and librarian personnel policies, or
covered by the university's collective bargaining agreements with the AAUP
or SEIU, which includes both part- time and full-time staff
members. (B) "Part-time" is defined as
an appointment whose regularly assigned workweek is fewer than forty hours per
week, and fewer than thirty hours per week for health benefit eligibility.
Individual appointments have to be six months or longer to be eligible for
benefits. (C) "Full-time" is defined as
an appointment whose regularly assigned workweek is forty hours per week over a
period of an academic or fiscal year and a minimum of thirty hours per week for
health benefit eligibility. An appointment has to be six months or longer to be
eligible for benefits. (D) "Individual letter of
appointment" is a letter, signed by the president, or an authorized
university administrator or designee, specifying a professional staff
member's conditions of employment and rate of compensation. (E) "Immediate family" includes
mother, father, brother, sister, spouse, daughter, son, mother-in-law,
father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law,
grandparent, grandchild, registered same-sex domestic partner, dependents of a
registered same-sex domestic partner, legal guardian, stepparent, stepchild or
other person who stands in place of a parent. (F) "Unit" defines the area of
a staff member's activity, regardless of administrative level within the
university. Unit refers generally to an organizational structure; e.g. a
department, office, sector, or center, and normally will be under the direction
of a unit head/administrator and a unit supervisor. (G) "Salary grade" is an
established pay range for each position noting the minimum and maximum salaries
for the pay range.
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Rule 3344-61-02 | Appointment and conditions of employment.
(A) Appointment. Appointments shall be made in accordance with the
affirmative action plan of the university as approved by the board of
trustees. (B) Procedures for
appointment. The unit, in conjunction with human resources
compensation, develops a job description detailing the duties, responsibilities
and minimal requirements and qualifications necessary to perform the functions
of the position. Human resources compensation analyzes the description and
assigns a salary grade to the position. Following this process, the unit
obtains presidential or designee approval, and authorizes university
administrator approval to initiate the appointment. (C) Letter of appointment
terms. Only the president, or an authorized university
administrator or designee, may provide a staff member with a letter of
appointment, which stipulates the term of appointment, title, salary grade and
salary. Professional staff members are considered employees at will, subject to
the provisions of these policies. Professional staff members shall receive
subsequent notice of salary adjustments, as appropriate. (D) Professional staff regular and
temporary appointment. There are two categories of appointment: regular
or temporary. (1) Regular appointment.
Regular appointments are identified as regular base-funded or regular
funds-available. (2) Regular base-funded.
Regular base-funded are appointments to positions that are funded by
instruction and general, general fee or auxiliary funds. The individual
occupying the position is designated as full-time or part-time. (3) Corresponding
employment appointments may be renewed annually. (4) Regular
funds-available. Regular funds-available are appointments to positions that are
not funded by instruction and general, general fee, or auxiliary funds. The
position is not assumed to be continuing; continuation is contingent upon funds
availability. Consequently, employment letters indicate specific starting and
ending dates. The individual occupying the position is designated as full-time
or part-time. (5) The provisions of
paragraphs (E)(1) to (E)(5) of rule 3344-61-07 of the Administrative Code do
not apply to staff members hired into regular funds available positions. The
appointments of regular funds available employees may be ended without prior
notice. Letters of appointment for regular funds-available appointments shall
include a statement of these facts. (6) Temporary
appointment. Individuals hired for a specific project or hired for a similar
task on an intermittent basis over an extended period of time (duties that
occur sporadically) are categorized as temporary. Employment is contingent upon
project need, intermittent workload peaks and funding availability;
consequently there is no expectation of continued employment. Letters of
appointment shall be either annual, as needed hourly or salaried and shall
indicate specific starting and ending dates that are tied to a specific
project. Although the time period may not extend beyond one year, the assistant
vice president of human resources or designee may grant time extensions, if the
extension relates directly to the original project, subject to the renewal of
waiver of posting. (7) The provisions of
paragraphs (E)(1) to (E)(5) of rule 3344-61-07 of the Administrative Code do
not apply to temporary professional staff members. These appointments may be
ended without prior notice. Letters of appointment for temporary positions
shall include a statement of these facts. (8) Introductory period.
Newly hired professional staff members shall serve an introductory period of
six months. Staff members promoted or transferred from a bargaining unit or
classified position are also subject to this introductory period. This period
is designed to permit the staff member's supervisor to ascertain the staff
member's skills and potential. The introductory period may be extended for
an additional ninety days as requested by the supervisor and approved by the
assistant vice president of human resources or designee. The employment of
staff members who do not satisfactorily complete an introductory period may be
terminated pursuant to rule 3344-61-07 of the Administrative Code. (E) Job titles and
descriptions (1) Job titles and
descriptions provide functional meaning and organizational consistency
throughout the university. (2) Every full-time and
part-time professional staff position must have a written job description
appropriate to the position and title that shall be provided to the staff
member at the time of the initial appointment. The job description shall
include title, major duties and responsibilities, minimum job requirements,
preferred requirements (if any), supervisory and budgetary responsibility,
reporting relationships, salary grade, and other pertinent information, as
determined by human resources compensation. (F) Personnel files and
contents The official personnel file is maintained in the
department of human resources. The official personnel file for each staff
member shall contain the following in either hard copy or electronic form, if
available: (1) Letter of application
and all materials requested or received by the university from persons other
than the applicant in connection with the staff member's original
employment, including official academic transcripts; (2) Offer of appointment,
initial date of employment, and letter of appointment; (3) Job
description(s); (4) Documents relating to
position classification, grade, and length of time in position; (5) Documents pertaining
to reclassifications or transfers; Documents pertaining to salary
recommendations; (6) Documents pertaining
to the staff member's professional activities and
accomplishments; (7) Performance
evaluations and reviews; (8) Disciplinary actions
and information pertaining to disciplinary actions; personnel actions
pertaining to extended leaves; (9) Information
pertaining to separation from employment. (10) All personnel files
are public records. The professional staff member, the staff member's
supervisor, university general counsel, institutional equity and prospective
supervisors, may view the personnel file without written request. All other
requests must be submitted by a public records request. The professional staff
member, whose file is being viewed as a result of a public records request,
shall be notified of the request in writing by the department of human
resources. (11) Other personnel
related files containing benefits information, workers' compensation,
medical, "Family Medical Leave Act" (FMLA), or "American
Disability Act" (ADA) information shall not be maintained in the official
personnel files and shall not be available for public inspection. (G) Joint appointments (1) Persons with
appropriate qualifications may be given a joint appointment to the faculty and
professional staff. In such cases, appointment procedures for both faculty
appointment and professional staff appointment must be followed. (2) Upon appointment,
such persons shall enjoy the procedural rights of the professional staff as to
their professional staff employment so long as their appointment for executive,
professional, or administrative work is in effect. (3) This section does not
prohibit the granting of academic tenure to personnel on joint appointments
involving an academic department. (4) Adoption of these
professional staff rules shall not divest a person of any tenured faculty
status acquired prior to initial adoption. (H) Nepotism. The university may employ
members of the same immediate family, on a full-time or part-time basis, so
long as neither family member is responsible for the decision to hire,
supervision, direction, evaluation or recommendation as to merit increases for
the other. Relationship by family, marriage, or partnership shall constitute
neither an advantage nor a deterrent to appointment in the university, provided
the individual meets and fulfills the appropriate appointment
standards.
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Rule 3344-61-03 | Annual performance evaluations.
(A) Cleveland state university is
committed to promoting a highly engaged employee workforce. To achieve this,
overall institutional goals are communicated, which are subsequently
incorporated into college or department and individual staff member specific
goals. Cleveland state university aligns the efforts of staff members towards
achievement of university goals by providing performance planning, assessment,
coaching and development. (B) General. The department of human
resources is responsible for the development, implementation, ongoing
maintenance and training of the performance management system. All full and
part-time professional staff members are required to participate in the annual
performance appraisal process. Each supervisor is charged with ensuring the
timely completion of the performance evaluation, approved by their immediate
supervisor, prior to discussions with the staff member. (C) The final performance evaluation, a
shared responsibility between the staff member and supervisor, shall reflect
each perspective on the attainment of previously established goals, an
objective review of job competencies, and the execution of job
responsibilities. The evaluation shall conclude with an overall supervisory
rating with comments pertaining to the performance cycle, focusing on areas of
achievement, areas for improvement, and goals for the subsequent
year. (D) Responsibilities. (1) Annual evaluation.
Performance evaluations shall be completed annually. Professional staff members
whose hire date is less than six months prior to the end of the evaluation
cycle shall not be eligible for a merit adjustment, but may participate in a
mid-year review. (2) Implementation. The
professional staff member's immediate supervisor is responsible for the
timely completion and submission of the annual performance review. As part of
this process, the supervisor ensures that the staff member and the next level
supervisor have had input into the review process. The staff member must
acknowledge that the performance discussion was held by providing an electronic
signature. (3) Professional staff
members are encouraged to add their final comments following the discussion of
the evaluation with the supervisor using the comments section under the overall
rating tab. (4) Review of performance
evaluation. A staff member who disagrees with the overall performance
evaluation rating may request a review by the department of human resources.
The staff member must submit a written statement detailing the basis for the
challenge with any relevant documentation supporting the claim. The assistant
vice president of human resources or designee, shall review the submission and
take whatever remedial action that may be warranted. (5) The staff
member's written statement must be submitted to their supervisor and human
resources within ten working days after the final performance discussion. The
staff member's rebuttal, plus any additional documentation resulting from
it, shall be attached directly to the electronic performance assessment form.
Additionally, the next level supervisor must be apprised of the rebuttal and
any subsequent action. (6) The results of the
performance evaluation process, including the individual and overall rating
scores and eligibility for any merit award based on the scores, shall not be
subject to the complaint resolution steps and process set forth in paragraph
(G) of rule 3344-61-08 of the Administrative Code.
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Rule 3344-61-04 | Job classifications and salary adjustments.
Job classifications and salary adjustments are
administered in accordance with the Cleveland state university professional
staff compensation program.
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Rule 3344-61-05 | Administrative leave.
When the president of the university or designee
determines that the continued presence of a staff member on the campus
constitutes a substantial interference with the orderly functioning of the
university or of an area, unit, department or college, a professional staff
member may be placed on administrative leave pending review. Such leave may be
with or without pay.
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Rule 3344-61-06 | Progressive corrective action.
(A) The purpose of progressive corrective
action is to impress upon a staff member the need to improve performance or
behavior. Progressive corrective action is encouraged to the extent practicable
and appropriate. Progressive corrective action may include oral and written
warnings. Nothing limits the right of the university to bypass progressive
corrective action and immediately suspend or dismiss a professional staff
member for any offense that, in the university's sole discretion, is of
such a serious nature that use of progressive corrective action is not
appropriate or warranted. (B) In any disciplinary matter where the
charge is sexual discrimination or harassment of a student, or a claim of
sexual violence that occurs on or near campus, the complainant will receive
notice of hearings/meetings and outcomes at the same time the employee receives
such notices, and the complainant may attend hearings/meetings with one support
person.
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Rule 3344-61-07 | Termination of employment.
(A) The employment of a professional staff member may be terminated by resignation, retirement, removal during introductory period, termination of appointment, layoff, or dismissal. (1) Resignation. Professional staff members have an obligation to provide the university a written notice of intent to resign. Notice should be given to the immediate supervisor and forwarded to the appropriate administrative officer at least thirty days, or less if mutually agreed upon by the supervisor and the staff member, before termination of service. (2) Retirement. A professional staff member planning to retire should give written notice of intent to their immediate supervisor at the earliest date possible, but not less than thirty days before termination of service. (B) Termination of appointment. (1) Requests for termination of an appointment during an introductory period, accompanied by appropriate documentation, must be approved by the human resources department and the vice president responsible for that division, and may be implemented without prior notice after the approval is received. (2) Recommendations to terminate all other appointments are to be made to the president or president's designee and shall be accompanied by documentation from the appropriate administrative officers. (3) If the president or the president's designee concurs with the recommendation(s), the president, or designee, shall direct that a notice of the termination of appointment be sent by regular and certified mail to the professional staff member's home address which is on file with the university. Such notice shall be deposited in the mail no later than the number of days prior to the termination of the professional staff member's appointment as described in the table set forth in paragraph (B)(5) of this rule. It is the professional staff member's responsibility to regularly update the university with address change information. (4) The professional staff member in the second year or more of professional service at the university is entitled to be apprised of the reasons for termination of appointment in writing and may request a review of the decision through the complaint resolution procedure, as provided in rule 3344-61-08 of the Administrative Code. (5) Termination notice. The amount of notice received will be based upon continuous years of university service since the last date of hire. | Post introductory period to three years | Four weeks | | Four to six years | Six weeks | | Seven to ten years | Eight weeks | | Eleven to fourteen years | Ten weeks | | Fifteen or more years | Twelve weeks |
(C) Exceptions. The provisions of this section are not afforded to the categories of personnel listed below. Those employees may be terminated with legal reason, at any time and without reference to the notice periods set forth in paragraph (B)(5) of this rule: (1) Staff members serving an introductory period; (2) Staff members hired into funds-available positions; and (3) Staff members hired into temporary positions. (D) Layoff. Termination of professional staff members prior to, during, or at the end of an appointment period may occur because of a financial emergency or because of reorganization or position elimination. Such a termination of appointment shall be designated a layoff. (1) Layoff due to financial emergency. Layoff of a professional staff member may occur, when deemed necessary by the president or designee, due to a financial emergency as declared by the board of trustees. Upon occurrence of the layoff, the individual's termination document shall designate that the layoff was due to financial emergency. (2) Layoff due to reorganization or position elimination. Layoff of professional staff members at the university may occur when reorganization is deemed necessary due to a budget or program decision requiring program discontinuance, curtailment, or redirection. Position elimination occurs due to budgetary constraints or when, in the university's discretion, the position is no longer required. Such positions may not be backfilled. (3) Reorganization or position elimination must be reviewed by the department of human resources and approved by the president or designee. Upon occurrence of the layoff, the staff member's termination document shall designate the reason of either reorganization or position elimination. (4) Professional staff member laid off due to financial emergency or reorganization shall be accorded the following rights and privileges: (a) The unit head must provide documentation to justify the layoff of the professional staff member(s) under this section. Such documentation must be forwarded to the appropriate vice president or the provost for approval to proceed, and a copy must be sent to the attention of the assistant vice president of human resources. If the release is initiated at the vice president or the provost level, all appropriate documents shall be forwarded to the president or designee for approval to proceed. The staff shall be notified in writing of the decision to effectuate the release. Such notice will be provided. (b) Staff members who are laid off pursuant to this section may review the listing of all current university job openings to attempt to secure alternative appointments within the university. Affected staff members must meet the qualifications of the open positions for which they apply. (c) If, within a period of eighteen months from the date of the layoff of a professional staff member, the president or designee, determines that the professional staff member's position should be reopened, within the same department, title and grade, then re-appointment shall first be offered to the laid off staff member. The offer shall be sent to the last known mailing address of the staff member, who shall have a reasonable time, not to exceed fifteen days from the date that the letter is mailed, within which to accept or decline the offer of re-appointment. (d) The staff member being laid off shall be entitled to a hearing in accordance with the procedures provided in rule 3344-61-08 of the Administrative Code, complaint resolution procedures, if the staff member requests such a hearing. Such a hearing may occur subsequent to layoff. (E) Dismissal. Professional staff may be dismissed for performance or conduct deficiencies, including, but not limited to the following: (1) Unsatisfactory performance; (2) Neglect of assigned duties and responsibilities; (3) Violation of recognized standards of professional conduct or performance; (4) Personal conduct that impedes the individual's proper fulfillment of assigned duties and responsibilities; (5) Personal conduct that violates state or federal law including, but not limited to: (a) The use of illegal substances or abuse of prescribed medications. (b) Possession of illegal substances, the illegal possession of drugs and medication for the purpose of the sale of those substances or drugs. (c) Sexual, ethnic, racial, or religious harassment, or any other harassment prohibited by law. (d) Personal conduct that interferes with the operations of the university; (e) Conviction of a crime as defined in section 2901.01 of the Revised Code, or a substantially equivalent offense under a municipal ordinance, which is committed on or affects persons or property of the university. (f) Conviction of an infraction or crime which affects persons or property on the university campus, or any other infraction or crime that adversely affects performance of job duties and responsibilities. (g) Concealing, falsifying, altering or removing university records, including electronic data records. (h) Viewing, recording, copying, or otherwise using university records for which the individual does not have a business purpose to do so. (i) Producing fraudulent or falsified credentials. (6) After consultation with the department of human resources, recommendations for dismissal shall be sent by the unit head to the appropriate vice president or the provost, along with the appropriate documentation. Such recommendation shall be forwarded to the president for approval to proceed. (7) If the dismissal is initiated at the vice president or the provost level, after consultation with the assistant vice president of human resources, all appropriate documents shall be forwarded to the president or designee for approval to proceed. (F) Procedures for initiation and notification of dismissal of professional staff members. If the recommendation to dismiss a professional staff member is accepted, written notification of dismissal must be sent by the president, or designee, to the professional staff member by certified and regular mail. Such notice shall indicate a date of discharge, not less than ten working days from the date of mailing. Professional staff members who are dismissed for cause are not entitled to the notice provisions of paragraph (B)(5) of this rule. (1) The professional staff member may request a timely pre-dismissal hearing by providing written notification to the department of human resources. Such hearing shall be convened by the department of human resources and held within the ten day period. The hearing shall be held pursuant to the complaint resolution procedure set forth in paragraphs (G)(2)(c) and (G)(2)(d) of rule 3344-61-08 of the Administrative Code. In any disciplinary matter where the charge is sexual discrimination or harassment of a student, or a claim of sexual violence that occurs on or near campus, the complainant will receive notice of hearings and meetings and outcomes at the same time as the employee receives such notices, and the complainant may attend hearings and meetings with one support person. (2) If dismissal is effectuated, the dismissal shall be effective as specified on the notice of dismissal. (3) The staff member may request an appeal of the action within ten working days from the date of dismissal. (4) Information pertaining to professional staff members arrested for certain offenses can be found in rule 3344-61-16 of the Administrative Code.
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Rule 3344-61-08 | Complaint resolution procedure.
(A) It is understood that the prompt
presentation, adjustment and response to staff complaints is desirable in the
interest of sound employee relations. The prompt and fair disposition of
complaints involves the important and equal obligations and responsibilities,
both joint and independent, on the part of the university and the complainant
to protect and preserve the complaint resolution procedure as an orderly means
of resolving complaints. (B) Any claims of unlawful discrimination
or harassment under federal and state civil rights laws, fair employment
practice acts, or university policy shall not be processed through this
complaint resolution procedure. Such claims shall be first discussed by the
claimant with the university's director for institutional equity as a
means of achieving an informal resolution of the claim. If an informal
resolution is not possible, the claimant may file a formal written complaint
with the university's office for institutional equity. The claimant and
respondent shall have access to the resources available through the
university's office for institutional equity. If a complaint is related to a claim of sexual
discrimination or harassment of a student, or a claim of sexual violence that
occurs on or near campus, both the complainant and respondent to that claim
will receive notice of hearings and outcomes at the same time, and both parties
may, with one support person, participate in hearings. The complainant will
have equivalent rights to appeal as the respondent, including to appeal if he
or she believes sanctions are too light. The resolution of the complaint may be
altered as a result of such appeal. (C) When other complaints arise, the
professional staff member shall attempt to resolve the issue with his or her
immediate supervisor through discussion, mutual understanding, and
documentation if appropriate. (D) Dismissals as described in paragraphs
(E)(1) to (E)(5) of rule 3344-61-07 of the Administrative Code are not subject
to the provisions of this rule. A dismissal hearing may be requested under that
paragraph. (E) Classification determinations by
human resources compensation are not subject to the provisions of paragraph (G)
of this rule. For classification appeals, professional staff members may
utilize the appeal process set forth in the professional staff compensation
program. (F) Procedures for complaint resolution
under this section. (1) A complaint, under
this rule, may be brought by any professional staff member. (2) A complaint is
defined as a dispute or disagreement concerning the alleged misapplication of,
misinterpretation of, or failure to comply with specific provisions(s) of this
chapter, unless otherwise noted. (G) Complaint resolution steps and
process. (1) No parties may have
legal representation present at any step in the complaint process. The
professional staff member may invite a support person (e.g., relative or
friend) of their choice to attend meetings, but the person may not act as the
professional staff member's representative or present argument on the
staff member's behalf. Such individual may only consult with the
complainant. (2) When complaints
arise, the following procedure shall be followed. (a) Pre-step: The professional staff member and their
immediate supervisor shall meet to attempt to work out the complaint on an
informal basis. If the complaint is not resolved under this informal method,
the professional staff member shall proceed according to the steps in this
paragraph. (b) Step one: The professional staff member shall first
present a written complaint to their department head, or designee, within ten
working days of the event upon which the complaint is based. Within ten working
days after receipt of the complaint, the department head, or designee, shall
schedule a meeting with the aggrieved professional staff member to discuss the
complaint and listen to the complainant's explanation. Following the
meeting, the department head, or designee, shall issue a written response to
the complaint within ten working days. (c) Step two: If the complaint is not satisfactorily
settled in step one, the aggrieved staff member may file a written appeal with
the assistant vice president for human resources, or designee, within ten
working days after the receipt of the step one decision. The assistant vice
president for human resources, or designee, shall schedule a meeting with the
aggrieved professional staff member, supervisor, department head or other
appropriate university personnel within ten working days after the receipt of
the appeal and shall render a written decision within ten working days after
the close of the meeting. A copy of the written decision shall be sent to the
complainant. Such decision will be final. (d) Step two of the complaint resolution procedures set
forth in this paragraph is the final step of the internal appeals
process.
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Rule 3344-61-09 | Leaves of absence with pay.
(A) Family and medical leave. The
university complies with the requirements of the Family and Medical Leave Act.
The university retains the right to implement regulatory technical corrections
as necessary to comply with the law. (B) The Family and Medical Leave Act
provides eligible staff members with up to twelve weeks (four hundred eighty
hours) of leave for certain family and medical reasons. Cleveland state
university requires staff members to substitute any available accrued sick
leave, accrued vacation, or compensatory time (comp time) in this stated order
of priority, for any unpaid FMLA leave. Substitution of paid leave for unpaid
FMLA leave does not extend the length of FMLA leave. Paid leave shall run
concurrently with the staff member's FMLA entitlement. (1) Accrued sick leave
shall be used when the FMLA leave is for the staff member's own serious
medical condition or to care for the staff member's spouse, registered
same-sex domestic partner, son, daughter, or parent (but not in-law) with a
"serious health condition" as defined in the Family Medical Leave
Act. (2) Accrued vacation time
shall be used for all other FMLA leaves and after accrued sick leave is
exhausted. (C) Vacation leave. Full-time
professional staff members earn vacation leave at the rate of one point eight
three days a month or a total of twenty-two workdays per year, prorated for the
nine month or ten month academic year. Professional staff members appointed to
a part-time position of one-half time or more shall earn vacation leave on a
prorated basis. Professional staff members appointed at less than one-half time
or for less than six months shall not earn vacation leave. (1) Vacation requests.
Vacation leave shall be available to the staff member to the extent earned,
provided that the staff member's supervisor or unit head approves the
dates for such leave in advance. (2) Annual carryover
limit. Professional staff members are expected to use accrued vacation leave
periodically. Vacation leave accumulation may not exceed forty-four days at any
time within a fiscal year. On June thirtieth of each year, no more than thirty
days of accrued vacation shall be carried forward to the next fiscal year. The
assistant vice president for human resources may, in extenuating circumstances,
grant an exemption to the carryover limitation upon the written request of the
professional staff member and with support from the professional staff
member's immediate supervisor and approval from the next higher level of
management. (3) Payout upon
termination and cancellation of credit. At termination of employment, payment
of unused vacation leave to a maximum of twenty-two days shall be made. Payment
of unused vacation leave under this rule eliminates the remaining vacation
credit after the maximum payout is made. Following submission of a resignation
or retirement notice, a staff member may use a maximum of five days of vacation
leave with supervisor approval. (4) Reporting procedures.
Utilization of time should be reported in accordance with the
university's payroll procedures. (D) Holidays. (1) The university
recognizes the following ten days as paid holidays. (a) New Year's day (b) Martin Luther King day (c) Presidents' day (d) Memorial day (e) Independence day (f) Labor day (g) Columbus day (h) Veterans' day (i) Thanksgiving day (j) Christmas day (2) Alternative holiday
scheduling. The administration may establish alternative days of observance for
the following holidays. (a) Martin Luther King day (b) Presidents' day (c) Columbus day (3) To be eligible for
holiday pay, a staff member must be in active pay status the day before and the
day following the holiday. (4) Holiday payment for
part-time staff members. Part-time professional staff members are entitled to
holiday pay for that portion of the day they normally would have been scheduled
to work if the university designates that day as a holiday. (5) Holiday payment for
alternate work schedules. If a full-time professional staff member's work
schedule is other than Monday through Friday, the staff member shall be
entitled to holiday pay for holidays observed on a regular day off regardless
of the day of the week on which they are observed. (E) Period of professional obligation.
Exempt professional staff members may be expected or assigned to work more than
forty hours in a given week if necessary to complete the responsibilities of
the department. They are not eligible to receive overtime pay or compensatory
time. However, for special circumstances the supervisor may allow for a
temporary schedule adjustment. (F) Sick leave. Sick leave with pay is a
benefit available during absence due to personal routine medical care, illness,
injury, or exposure to contagious disease; for the illness or medical attention
of a member of the immediate family; death of a member of the immediate family.
The immediate family, for the purpose of bereavement leave, includes mother,
father, brother, sister, spouse, daughter, son, mother-in-law, father-in-law,
brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandparent,
grandchild, registered same-sex domestic partner, dependents of a registered
same-sex domestic partner, legal guardian, stepparent, stepchild or other
person who stands in place of a parent. (1) Bereavement leave. Up
to five days of accumulated sick leave may be used for bereavement in the event
of the death of a member of the immediate family. (2) Accrual and
utilization. The provisions for normal accrual and utilization of sick leave
benefits are: (a) Accrual. Sick leave credit will accumulate, based on
semimonthly and biweekly pay groups respectively, at the rate of one point
twenty five days or ten hours for each month of service or four point six hours
per eighty hours of service without limit, including periods of vacation and
sick and other paid leave. Staff on less than full-time appointments shall
receive sick leave credits proportionate to the percentage of time or hours
worked. (b) Approval of sick leave requests. For planned absences,
the staff member must notify the appropriate supervisor and gain prior
approval. For unplanned absences, sick leave may be taken with the approval of
the appropriate supervisor as soon as practicable, presumably on the first day
of absence. In the absence of such notification and approval, time may be
charged to vacation leave or unauthorized absence with an appropriate pay
adjustment. The university reserves the right to require proper evidence of
illness in cases of planned and unplanned absence and prolonged or repeated
absence. (c) Transfer of sick credit from other public or state
employers. If a staff member transfers from one department of the university to
another or from the university to another Ohio public agency, or from another
state of Ohio agency to Cleveland state university, accumulated sick leave
credits will transfer insofar as is allowed by law. The former employer of the
staff member transferring credits from another state of Ohio agency or public
employer must furnish proof to the university, in writing, of sick leave
credits. (d) Exhaustion of paid sick leave. If the absence due to
the staff member's illness or injury or immediate family member extends
beyond the availability of accrued sick leave, the staff member may request the
use of accrued vacation leave and compensatory time. (3) Requests for unpaid
absence. Professional staff members not eligible for family and medical leave
and who do not have available accrued sick leave, vacation leave or
compensatory time, may request an unpaid leave due to personal illness, injury
or disability; or illness or injury of the immediate family, up to three months
in length. Such leaves must be approved by the department of human
resources. (4) Payout upon
retirement or disability. Professional staff members who, at the time of
disability or service retirement, have ten or more years of service to the
state of Ohio shall be compensated in an amount not to exceed one-fourth the
value of accrued but unused sick leave credit up to two hundred forty hours
based on their rate of compensation at the time of retirement. (5) Payout upon death. In
the event of death, the university shall pay out one-fourth the value of
accrued but unused sick leave credit up to two hundred forty hours based on the
staff member's rate of compensation at the time of death. (6) Maximum payout and
cancellation of credit. Payment for sick leave under this rule eliminates all
sick leave credit of the staff member at the time of retirement, disability or
death. Payment shall be made only once to any staff member. The maximum sick
leave payout upon retirement, disability or death shall be two hundred forty
hours. (G) Reporting procedures. Utilization of
time should be reported in accordance with the university's payroll
procedures. (H) Annual military reserve duty.
Professional staff members who participate in military reserve programs are
entitled to leaves of absence for a period not to exceed thirty one days per
calendar year. Staff members may receive pay for no more than one hundred
seventy six hours of military reserve duty leave in a calendar
year. (I) Court leave. Leave with pay is
granted when a professional staff member is called for jury duty or is
subpoenaed to testify as a witness before any court or governmental hearing
body. Service as an expert witness shall be considered to be in the same
category as consulting and will be subject to the limitations thereon specified
in rule 3344-61-13 of the Administrative Code.
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Rule 3344-61-10 | Leaves of absence without pay.
(A) Professional staff members may apply
for the following leaves of absence without pay. Requests for leave without pay
for illness are subject to medical verification. Certain university benefits
may continue during a period of leave without pay that is not covered by the
Family Medical Leave Act consistent with the provisions of the consolidated
omnibus budget reconciliation act of 1986 (COBRA) provided that the
professional staff member on leave makes timely premium payments. Medical leave. Professional staff who are
injured, physically incapacitated, or unable to work for other reasons of a
medical nature may apply for and shall be granted an unpaid medical leave of
absence the duration of which is based on medical necessity as determined by
the university's leave administrator. The university shall require proof
of illness or injury. Medical leave may not exceed six months inclusive of
medical leave protected by the Family and Medical Leave Act. (B) Disability. If disability due to
illness or injury is expected to extend beyond three months, the staff member
may apply for disability benefit through the university's disability
administrator and state retirement systems. (C) Family and medical leave. The
university complies with the requirements of the Family Medical Leave Act. The
university retains the right to implement regulatory technical corrections as
necessary to comply with the law. (D) The Family Medical Leave Act provides
eligible staff members with up to twelve weeks (four hundred eighty hours) of
unpaid leave for certain family and medical reasons. After accrued sick leave,
vacation leave and compensatory time are exhausted, the balance of the twelve
week FMLA leave period shall be unpaid. (E) Extended leave of absence.
Professional staff may request additional leave of absence to continue leave
beyond the twelve week FMLA leave period not to exceed six months from the date
sick leave is exhausted or medical leave period as conditions or obligations
related to personal or family illness or injury, child care after birth, or
placements for adoption. (F) Applications for leaves described in
this rule must be requested from the department of human resources. Completed
applications must be approved by the supervisor, unit head, vice president or
provost and returned to the department of human resources. Leave may be granted
at the discretion of the assistant vice president department of human resources
or designee. (G) Special leaves. Leave without pay may
be granted in extraordinary circumstances for study, research, election or
appointment to public office, or for other personal or professional reasons
subject to appropriate approvals. The board of trustees upon recommendation of
the president has the authority to grant special leaves without pay.
Applications must have recommendation for approval from supervisor, unit head,
assistant vice president of human resources, and vice president or provost,
prior to being submitted to the president.
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Rule 3344-61-11 | Staff development program.
(A) The staff development program at
Cleveland state university is an educational assistance program for full-time
and part-time staff members. (B) Benefit overview. The university shall cover the
in-state portion of all instructional and general fees up to eight credit hours
of undergraduate or graduate courses per semester or for continuing education
courses up to the equivalent cost of eight undergraduate credit hours per
semester, for courses offered by Cleveland state university. The executive MBA
and accelerated MBA programs are reimbursed at the normal graduate
rate. (C) Full-time staff member. For purposes of this rule, a
full-time staff member is defined as a staff member with an appointment of six
months or longer in a permanent or funds available position who is regularly
scheduled to work forty hours per week. (D) Part-time staff member. For purposes of this section a
part-time staff member is defined as a staff member with an appointment of six
months or longer in a permanent or funds available position who regularly works
twenty or more hours per week but less than forty hours per week. (E) Complete program details and applications may be
obtained from the department of human resources.
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Rule 3344-61-12 | Student fee authorization program.
(A) The student fee authorization program
at Cleveland state university is an educational assistance program for spouses,
registered same-sex domestic partners, and eligible naturally born or adopted
children who are financially dependent on qualifying full-time and eligible
part-time professional staff members according to IRS rules. For eligible
full-time staff, fee remission for credit courses offered by Cleveland state
university shall be provided at one hundred per cent of the instructional and
general fees for undergraduate students, and fifty per cent of the total
instructional and general fees charged for graduate and professional students.
Fee remission for eligible part-time staff shall be provided for seventy five
per cent of the instructional and general fees charged for credit courses
offered by Cleveland state university for undergraduate students, and fifty per
cent of the total instructional and general fees for graduate and professional
students. Benefits apply only to the in-state portion of any fee. Tuition
remission from the student fee authorization program may not be used for
continuing education courses. The benefit for premium-priced programs shall not
exceed the standard law, graduate or undergraduate tuition. (B) Staff member eligibility. A full-time
staff member must have a minimum of two years of continuous full-time or
part-time service of seventy five per cent full-time equivalency (FTE) with the
university since the most recent hire date with the university. Eligibility is
determined as of the first day of the session for the course(s)
desired. (C) Eligible dependents. Eligible
professional staff dependents are: (1) Legal
spouse (2) Registered same-sex
domestic partner (3) Staff members or
spouse's or registered same-sex domestic partner's natural born or
adopted child (4) An unmarried child
who is age twenty-three or younger and eligible to be claimed or age
twenty-four or older, and claimed as a dependent on the staff member's,
the staff member's surviving spouses, or the registered same-sex domestic
partner's federal form 1040 U.S. individual income tax program benefit. An
eligible spouse, registered same-sex domestic partner or child, may participate
in the program for a total of one hundred forty-four semester credit hours or
two academic degrees, whichever is less. (D) In the event of the divorce of the
qualifying staff member, eligibility is continued for the spouse for a period
of up to two years, as long as the qualifying staff member remains in an
eligible, active status at Cleveland state university. Benefits shall be
determined based on the staff member's current status in an active
full-time or seventy five per cent FTE. (E) Maximum benefit. (1) Program benefits are
available to each eligible dependent for the lesser of one hundred forty-four
semester hours including undergraduate and graduate credits or two academic
degrees. Determination of the maximum benefit limit of one hundred forty-four
semester credit hours or two academic degrees shall be made by the registrar
based on credit hours attempted. (2) Eligibility for an
ex-spouse of an eligible staff member is continued for a period up to two years
from the date of the divorce, as long as the staff member remains employed at
Cleveland state university and the benefit limit has not been reached.
Eligibility for a registered same-sex domestic partner ceases with the
termination of the domestic partnership. (F) Changes in employment
status (1) In the event of total
disability or retirement (under a state of Ohio retirement plan or social
security) of an eligible staff member with ten years of Cleveland state
university employment service, eligible dependents remain eligible for
dependent fee remission benefits regardless of registration status at the time
of the staff member's status change. (2) Death of an eligible
staff member. Eligible dependents remain eligible for dependent fee remission
benefits regardless of registration status at the time of the staff
member's status change. (3) In the event of death
of the eligible staff member who is a single parent, the eligible dependent
remains eligible to age twenty-three. (G) Extended military leave of
absence (1) In the event of an
eligible staff member's extended military leave of absence due to a call
to active duty by an act of congress or the president of the United States,
eligible dependent(s) of the staff member shall retain eligibility to receive
tuition remission benefits during the entire duration of the approved military
leave. (2) If an appointment of
an eligible staff member is terminated as a result of a reduction of workforce
(layoff), eligible dependents remain eligible for dependent fee remission
benefits for two full semesters following layoff if the eligible dependent
attended CSU during the last two academic terms immediately preceding layoff.
If the eligible staff member is recalled, eligible dependents are immediately
eligible for fee remission benefits if the staff member was eligible when the
layoff occurred. (H) Termination of active employment with
the university for any other reason than stated in this rule: eligibility for
dependent fee remission benefits ceases and the dependent is responsible for
paying the full tuition and fees appearing on the fee statement.
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Rule 3344-61-13 | Consulting and extramural employment.
(A) Request for approval. The university
recognizes the value for its personnel, for the university, and for the
community of the many types of consulting and other external employment
experiences that enhance the professional competency of individual staff
members and bring credit to those staff members and the university. As a
result, external service, that may render valuable services to business,
industry, government, and the professions are permitted with appropriate
approval. (B) Written permission. Professional
staff members who render professional counsel or services that fulfills a
responsibility of the university to the community at large and provide valuable
professional experience to the professional staff member may do so only with
prior written permission and the approval of the staff member's supervisor
and of the appropriate vice president or the provost. Such approval shall be
forwarded to the department of human resources to be placed in the staff
member's personnel file. (C) Conflict with university
responsibilities. No professional staff member shall be permitted, without
prior supervisory approval, to undertake any extramural employment during
scheduled hours of employment or shall undertake any employment that shall
interfere with the reasonable demands of their job at the
university. (D) Use of university resources. Under no
circumstances shall the professional staff member use the name, symbol, or
address of Cleveland state university in any extramural employment agreement.
University staff, facilities, equipment, and materials may be used for such
purposes only with the express written consent of the university and according
to explicit terms for reimbursement.
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Rule 3344-61-14 | Candidacy for public office.
A professional staff member may run for public
office under the following conditions: (A) Notice requirement. The staff member
shall submit a full statement of any proposed campaign activities and of the
responsibilities of the office to the staff member's immediate
supervisor. (B) Employment status. When, in the
judgment of the university, those activities and responsibilities will conflict
with the staff member's professional obligations, a written application
for reduced levels of employment and compensation, or for special leave without
pay, will be submitted to the vice president of business affairs and finance or
the provost at least ninety days before the assumption of said activities. The
Cleveland state university board of trustees shall consider and vote upon such
a request.
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Rule 3344-61-15 | Conflict of interest.
No professional staff member shall have any
unlawful interest in a public contract prohibited by section 2921.42 of the
Revised Code.
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Rule 3344-61-16 | Ohio law.
All professional staff shall be aware that the laws
of the state of Ohio govern their conduct relating to their employment status,
and when in conflict with these policies, the laws of the state of Ohio are
controlling. Professional staff members should be aware, in particular, of
sections 3345.22 and 3345.23 of the Revised Code, which are part of the Ohio
Campus Disruption Act (the "act"). The act requires that the
university hold a hearing when a student, faculty or staff member is arrested
for certain crimes of violence, as defined in the act, that take place on
campus or affect the university community or property. This hearing - often
referred to as a "1219 hearing" - is distinct from the faculty and
staff disciplinary processes set forth in applicable collective bargaining
agreements or other personnel policies, including this chapter of the
Administrative Code. A faculty or staff member may be subject to those
disciplinary processes in addition to the hearing required by the act. Hearings
required by the act will be conducted according to procedures established by
the office of general counsel and available at its website.
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Rule 3344-61-17 | Associate of the university status.
(A) Qualifications. Appointment to
associate of the university status may be granted to distinguished retiring
professional staff members, exclusive of those eligible for emeriti faculty
rank, pursuant to the procedures set forth in this rule. Associate of the
university status will be granted only with a showing of exceptional service to
the university. (B) Procedures for appointment/nomination. Any member of
the university community may make nominations/applications. Appointment is
contingent upon the following criteria: (1) Nominations/applications are submitted to the
university's assistant vice president for human resources. The assistant
vice president may request additional supporting materials and
information. (2) If the assistant vice president for human resources
concurs that associate of the university status be granted, the assistant vice
president shall forward the recommendation to the president, who shall
recommend to the board of trustees all nominees whom the president deems
acceptable. (C) Privileges. Associates of the university will be issued
a current identification card and will be entitled to listings in the Cleveland
state university bulletin and telephone directory, mailings of appropriate
materials, use of such university facilities at staff rates where applicable,
university e-mail account, internet access and such other privileges as the
president may designate.
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Rule 3344-61-18 | Recommendations to prospective employers.
In cases where prospective employers request
official recommendations from the university (either oral or in writing or
both) regarding current or former professional staff of the university, only
the president and the assistant vice president for human resources or designee
are authorized to respond to such requests.
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Rule 3344-61-19 | Severability.
If any rule, section, paragraph, subdivision,
clause, sentence or phrase of this chapter will for any reason be held illegal
or unenforceable, such decision will not affect the validity of the remaining
portions of the chapter. If any provision of this chapter contains ambiguity,
which may be construed as either valid or invalid, the valid construction will
prevail.
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Rule 3344-61-20 | Review of personnel policies.
(A) Individuals, departments, units,
committees or campus organizations interested in matters concerning
professional staff may submit recommendations for revision of these policies in
writing to the assistant vice president for human resources for review and
possible action. (B) The assistant vice president for human resources may
direct that an overall review of these personnel policies be undertaken
periodically, but at least every three years.
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