3.06 ADMINISTRATIVE: APPOINTMENT, EVALUATION, RETENTION, AND TERMINATION

Effective: August 15, 2024

Purpose: For the appointment and regular evaluation of Emporia State University administrative employees.

Scope: This policy applies to all non-faculty employees.

Responsible Office: Human Resources

Policy Statement: Policies on appointment, evaluation, retention, and termination of administrative unclassified employees are distinguished from the policies governing academic appointments. Academic appointments are not encompassed by administrative policies.

Eligibility. All administrative unclassified appointments are governed by administrative policies and procedures, with the exception of the President, which is governed by the Board of Regents. The following appointments have been designated to serve at the pleasure of the Chief Executive Officer and, thus, are also exempt from this policy: provosts, associate/assistant provosts, vice presidents, associate/assistant vice presidents, deans, academic unit’s supervisory administrator, Chief Information Officer, Director of University Advancement and President of Foundation, Director of Alumni Relations, Athletic Director, head coaches, Director of Public Relations, Director of Marketing, and Legal Counsel. Campus specific assignments, including but not limited to legislative liaison, faculty athletic representative, affirmative action officer, are considered to be at- will and may be terminated at any time and without cause prior to the end date specified in the Notice of Appointment.

The President, or the President’s designee on behalf of the President, approves administrative Notices of Appointment. Federal law requires ESU to verify employment eligibility of all individuals hired after November 6, 1986. The I-9 Form must be completed in Human Resources within three (3) days of hire, or the employee may forfeit their position. Documentation is most easily provided by a driver’s license and social security card. Other documents may be substituted. The I-9 form will be retained in the employee’s personnel file located in Human Resources, and once completed, may need to be completed again for ESU employment if documentation expires.

The following clause will be added to all Notice of Appointments for persons in a position funded by non-general-use money, except tenured appointments: Inasmuch as this is a non-state funded appointment, this appointment is for the appointment period or no longer than funds are available.

Application: The Faculty Grievance Policy does not apply to administrative and non- academic unclassified employees. Administrative and non-academic unclassified employees who do not serve at the pleasure of the Chief Executive Officer may use the evaluation appeals process defined in this policy.

Administrative polices shall be construed in a manner consistent with the laws of the United States of America, the State of Kansas, and the policies and procedures of the Kansas Board of Regents. Should a conflict arise between this policy and the laws/policies referred to above, the latter will control. A finding of invalidity of any section or sections of this policy shall not invalidate the remaining provisions of this policy.

Administrative Probationary

Notices of appointment for these positions are required to specify the number of probationary years and may be modified by the appropriate vice president in conjunction with the performance evaluation. These positions have an expectation of continued employment subject to other applicable policies and procedures. A new employee who has not had prior service at ESU, or at another accredited college or university or other professional experience as determined by the appropriate vice president in consultation with the President, shall serve a probationary period of no less than one year and no more than eighteen (18) months. At the end of this service, the individual moves either to administrative regular status or is no longer employed, in accordance with other applicable policies and procedures. The minimum length of time in this position before an individual may move to administrative regular status is two years.

The probationary employee’s performance shall be evaluated in writing by the supervisor to whom the employee is responsible. During the probationary period, the employee shall receive a performance evaluation at six (6) months, one (1) year, and eighteen (18) months if applicable.

The employee shall be informed at each evaluation period of whether satisfactory progress is being made toward successfully completing the probationary period. The employee must take responsibility for contributing data and information to assist in the evaluation.

A copy of the unclassified employee’s Probationary evaluation shall be submitted to the appropriate vice president who will sign off and forward to Human Resources. If an evaluation is not received by the employee’s 1-year anniversary date, the employee will be given permanent status.

The probationary period is considered to be a working test of the employee’s ability to perform satisfactorily in the position. During this period, the supervisor will provide any necessary instruction and training. The probationary period may be ended at any time by either party, either for cause or not, in compliance with applicable state and federal laws.

Administrative Probationary Status with Cause (for employees with prior permanent status)

An Administrative Probationary employee released from employment with cause would receive the following:

• Two days separation pay per each full year of service to the University.
• Human Resources will provide information regarding free community career services during the exit conference.
• Employees separated for reasons qualifying as gross violations would not be covered under this clause.

Administrative Probationary Status without Cause

An Administrative Probationary employee released from employment without cause would receive the following:

• Two days separation pay per each full year of service to the University.
• Human Resources will provide information regarding free community career services during the exit conference.
• University will agree not to contest unemployment claims.

Administrative Regular

These positions have an expectation for continuous employment subject to the requirements stated in other applicable policies and procedures. The performance of an employee in an administrative regular appointment shall be evaluated annually in writing by the supervisor to whom the employee is responsible. A copy of the evaluation will be submitted to Human Resources annually and will become a part of the employee’s permanent employment record. If the evaluation indicates that the work of the employee is not satisfactory, the employee shall be so informed and, if circumstances warrant, may be subject to: (1) termination; (2) reassignment to another position or other responsibilities; (3) an adjustment in salary; and/or (4) a return to probationary status.

If an employee is returned to probationary status, the employee must requalify (in the judgement of the supervisor) for an administrative regular appointment within a period of 1 year or be subject to termination of employment.

The employee being evaluated may request a review of their evaluation by the Evaluation Review Committee, as defined in this policy.

If, at any time, it is necessary to terminate an administrative regular appointment for reasons other than just cause, the employee would receive the following:

• Two days separation pay per each full year of service to the University.
• Information provided by Human Resources during the exit conference regarding free community career services.
• Assurance that the University will not contest unemployment claims.

Administrative Regular Status without Cause

An Administrative Regular employee released from employment without cause would receive the following:

• Two days separation pay per each full year of service to the University.
• Human Resources will provide information regarding free community career services during the exit conference.
• University will agree not to contest unemployment claims.

Administrative Temporary

These positions carry no expectation of continued employment. Employment is considered to be at-will and may be terminated at any time, without cause, prior to the end date specified in the Notice of Appointment. An administrative temporary appointment may not exceed one (1) year. The appointment is renewable annually but is subject to the 5-year stipulation. The 5-year stipulation is defined as employment which should not exceed five (5) years of consecutive appointments.

Temporary appointments which are made for at least a half-time, 9-month basis will be eligible for benefits. Multiple simultaneous appointments of less than half-time may make an employee eligible for benefits even when the individual appointments do not.

A non-benefits eligible temporary appointment is defined as less than half-time and is not subject to the 5-year stipulation, as defined above.

Administrative temporary appointments carry no expectation of continuing employment, and therefore are not entitled to the appeal procedures as defined in this policy. Employment is considered to be at-will and may be terminated at any time, without cause, prior to the end date specified in the Notice of Appointment. Upon the recommendation of the supervisor, time served in a temporary appointment may be applicable toward satisfaction of the probationary requirements as defined in this policy. Such credit will be stated in the initial probationary Notice of Appointment.

Administrative Athletic

An administrative athletic appointment is renewable annually, based upon the recommendation of the Chief Executive Officer, Athletic Director and/or head coach. An administrative athletic appointment as an assistant coach is offered only on the condition of continuous employment of the current head coach. Should the current head coach cease their employment, this appointment may be terminated.

Administrative athletic appointments carry no expectation of continuing employment, and therefore are not entitled to the appeal procedures as defined in this policy. Employment is considered to be at-will and may be terminated without cause, at any time, prior to the end date specified in the Notice of Appointment.

In compliance with NCAA Bylaw 11.2.1 and 11.2.1.1., knowing or willful violation of NCAA or MIAA rules will render the administrative athletic employee subject to immediate termination.

In compliance with institutional policy, the administrative athletic employee agrees to annually report all athletically-related income from sources outside the institution; such income, to include but not be limited to, annuities, sports camps, housing benefits, complimentary ticket sales, television and radio programs, and endorsements or consultation contracts with athletic shoe, apparel or equipment manufacturers. This information must be reported to the Chief Executive Officer of the University through the Athletic Director.

Limited Term

A limited term appointment is for an individual hired in a benefits-eligible position to fulfill requirements under a contract agreement, a federal or state grant, or a specific project or role and is subject to annual review. A limited appointment is for the period as outlined in the Notice of Appointment or for no longer than the period for which the funds are available. Inasmuch as this is a limited appointment, it carries no expectation of continuing employment. Therefore, a limited term appointment is not entitled to the appeal procedures as defined in this policy.

This appointment may involve an academic component but would not be eligible for tenure. No academic rank is associated with this type of appointment.

Evaluation Appeals Process:

At the request of the employee, an Evaluation Review Committee shall be appointed to review the employee’s evaluation. This process will be coordinated by the Director of Human Resources.

Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in University or Board of Regents policy or by statute or regulation.

Administrative Athletics - An administrative athletics appointment may be full-time or less and is for coaches and trainers. The Athletic Director position is not included in this category as they have either an administrative probationary or administrative regular appointment.

Administrative Probationary - An administrative probationary appointment is for a full-time, non-teaching position prior to obtaining Administrative Regular status.

Administrative Regular - An administrative regular appointment is for a full-time, non-teaching position after being in administrative probationary status.

Administrative Temporary - An administrative temporary appointment is an appointment for at least half-time and may not exceed 1 year but is renewable annually and is subject to the 5-year stipulation.

Five (5)-year stipulation - Employment which should not exceed 5 years of consecutive appointments.

Limited Appointment - A limited appointment is for an individual hired in a benefits-eligible position to fulfill requirements under a contract agreement, a federal or state grant, or a specific project or role.

Non-benefits eligible appointment – An administrative temporary appointment that is as less than half-time and is not subject to the 5-year stipulation.

Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of Human Resources and/or Academic Affairs.

[Human Resources procedures related to Administrative Appointments - coming soon]

Related Policy Information: N/A