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Notice of Nonreappointment for Unclassified Professional Staff (UPS)

Policy
Purpose: 

Pursuant to Kansas Board of Regents policy, unclassified professional staff may be re-appointed on an annual basis unless a previous notice of non-reappointment has been issued. This policy outlines the policy and process associated with notices of non-reappointment.

Applies to: 

Unclassified professional staff appointed to regular positions without special conditions of employment cited herein. The time period for notice of non-reappointment provided by this policy does not apply to unclassified professional staff on appointments with special employment conditions, e.g., contingent on funding, limited term, or “serve at the pleasure of” appointments. Furthermore, the time period for notice of non-reappointment does not apply during times of budgetary constraints.

Faculty may hold joint appointments as unclassified professional staff with or without the special employment conditions cited herein. A faculty member’s joint unclassified professional staff appointment with or without special employment conditions is subject to the provisions of this policy and may be terminated pursuant to these provisions. Ending a faculty member’s unclassified professional staff appointment does not affect the faculty member’s tenure status.

Campus: 
Lawrence
Edwards
Policy Statement: 

Supervisors who are considering a notice of non-reappointment must consult first with their administrative channels and with Human Resources before making a recommendation of non-reappointment. Non-reappointment should be in the best interests of the University.

Conditions requiring a notice of non-reappointment

A notice of non-reappointment is required when administrative actions result in the unclassified staff member’s salary being permanently reduced, in an FTE change that causes a permanent salary reduction, in a change in funding source which alters the appointment to a “contingent on funding” appointment, or in the termination of employment.

Recommendations for non-reappointment

Written recommendations for non-reappointment of an unclassified professional staff member will be made by the chair or director, dean or vice provost to the next-level administrator when it is determined that non-reappointment is in the best interests of the University. The next-level administrator will review the recommendation, and if it is agreed that non-reappointment is in the best interests of the University, then the administrator will issue the written notice of non-reappointment.

The unclassified professional staff member may be provided an opportunity to discuss the non-reappointment with the administrator to whom the recommendation for non-reappointment has been submitted.

Notices of non-reappointment

The written notice of non-reappointment requires the approval of the Provost, Chancellor, or a designated representative as appropriate (e.g., dean, vice provost, associate vice provost, vice chancellor).

Notice time periods

Generally appointments for unclassified professional staff appointed to regular positions without special employment conditions begin at the beginning of the fiscal year on July 1 of the current calendar year and continue through June 30, the last day of the fiscal year. Unclassified professional staff appointments with special employment conditions (e.g., limited term, contingent upon funding or designated as a “serve at the pleasure” appointments) are not subject to these notice time periods.

A notice of non-reappointment is to be given as early as possible. During the first three (3) fiscal years of unclassified professional staff service with the University, notice must be given no later than May 17th for non-reappointment the following fiscal year or no later than 30 days prior to the end of the current appointment if the appointment ends other than on the last day of the fiscal year. After completion of the third full fiscal year of unclassified professional staff service with the University, the individual must be given notice no later than March 30 if the individual will not be reappointed the following fiscal year or no later than 90 days prior to the end of the current appointment if the appointment ends other than on the last day of the fiscal year.

Duty reassignment

In consultation with Human Resources, an unclassified professional staff member who has received a notice of non-reappointment may be reassigned to other duties and/or to an alternate supervisor until the effective date of the non-reappointment. Such reassignments may lead to a change in Fair Labor Standard Act designation (i.e., hourly vs. salaried), a different title, and/or additional employment conditions as approved by Human Resources.

Appeal avenues

A staff member who asserts that a decision to give notice of non-reappointment constitutes a violation of established University procedures is entitled to appeal such decision by submitting a written appeal within fourteen calendar days of the date of the written notice of non-reappointment. The appeal is to the next-level administrator above the administrator who issued the written notice of non-reappointment. Such an appeal cannot be based on any reason other than that the notice violated established University procedures for non-reappointment.

Exceptions to notice time periods and appeal process

Certain appointments are subject to special employment conditions that exempt staff from the provisions of this policy pertaining to notice periods and appeals. Exclusions are as follows:

Contingent on funding:
Some unclassified professional staff positions may be funded from sources such as externally supported grants and contracts, revenue funds, endowment funds, etc. Termination of such support provides a bona fide cause for termination of the appointment without the notice required for regular unclassified professional staff whose appointments do not include special employment conditions. However, it is expected that these individuals will be provided reasonable notice regarding the termination of their appointment, e.g., no fewer than 2 weeks except in extreme circumstances. Individuals will be informed at the time of appointment, and/or at the time the funding basis for the position is changed, and with an annual salary notice that the position is contingent on funding. Recommendations for such terminations based on discontinuance of external grant funding will be made to the Vice Chancellor for Research, or in cases of discontinuance of another type of funding, to the unit administrator who oversees the funding source.

Budgetary constraints; discontinuance or reorientation of program:
In the event of termination because of a discontinuance or reorientation of a program, or termination due to budgetary constraints, the specified notice of non-reappointment time periods do not apply. However, it is expected that whenever possible, individuals whose appointments are being terminated because of budgetary constraints, program discontinuance or reorientation will be provided reasonable notice regarding the termination of their appointment. A minimum of no fewer than 2 weeks’ notice will be provided, except in extreme circumstances. If a state of financial exigency impends, no unclassified professional staff member’s appointment should be terminated solely to create a position for a tenured faculty member.

Serve at the pleasure of appointments:
In accordance with Board of Regents and University policy, certain unclassified professional staff members serve at the pleasure of the administrator to whom they report. These appointments are designated as being “at the pleasure of . . .” at the time of appointment, and/or at the time the nature of the appointment is changed to “serving at the pleasure of.” This designation is stated in the offer letter and/or annual salary notice. These appointments are not subject to the notice terms specified in this policy and may be terminated at any time without advance notice. There is no appeal of a termination of a “serve at the pleasure of” appointment.

Assistance provided with non-reappointment

In the event non-reappointment resulting in termination of employment is due to program discontinuance or reorientation, or termination is due to budgetary constraints, HR will assist the affected staff member in seeking other employment opportunities within the University of Kansas, State agencies, or in other employment.

Exclusions or Special Circumstances: 

Unclassified professional staff on limited-term appointments and those who are appointed to temporary positions are exempt from the provisions of this policy. Their appointments may end as specified or at any time earlier without recourse to appeal.

Contact: 

Department of Human Resources
103 Carruth-O’Leary Hall
1246 W. Campus Road
Lawrence, KS 66045
785-864-4946
hrdept@ku.edu

Approved by: 
Executive Vice Chancellor & Provost
Approved on: 
Wednesday, May 12, 2010
Effective on: 
Wednesday, May 12, 2010
Review Cycle: 
Annual (As Needed)
Keywords: 
Notice of non-reappointment, non-reappointment, termination
Review, Approval & Change History: 

07/11/2016: Updated to remove gendered pronouns.

12/16/2014: Policy formatting cleanup (e.g, bolding, spacing); updates to links after Human Resource Management website update.

06/18/2014: Updates to reflect correct unit names for Office of Research and Human Resources; formatting updates.

02/11/2014: Technical edits to Policy Statement and Contact sections.

2006: Revisions of the section on Non-Reappointment approved by the Chancellor.

1999: Revisions of the section on Non-Reappointment approved by the Chancellor.

1996: Revisions of the section on Non-Reappointment approved by the Chancellor.

1994: Revisions of the section on Non-Reappointment approved by the Chancellor.

1979: This policy on Non-Reappointment of Unclassified Professional Staff originally was part of Section C.4, Personnel Policies and Procedures for Unclassified Professional Staff, of the Handbook for Faculty and Other Unclassified Staff. C.4 originally was approved by the Chancellor in 1979.

Personnel: Staff Categories: 
Departure

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