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Notice of Nonreappointment for Unclassified Professional Staff (UPS)

Policy
Purpose: 

Pursuant to Kansas Board of Regents policy, Unclassified Professional Staff (UPS) 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 (UPS) appointed to regular positions who are not serving a probationary period.

Campus: 
Lawrence
Edwards
Parsons
Juniper Gardens
Yoder
Topeka
Policy Statement: 

Supervisors who are considering a notice of non-reappointment must consult first with their administrative channels and with Human Resource Management (HRM) 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 following changes for an unclassified staff member:

  • a permanent salary reduction;

  • a FTE change that causes a permanent, annual salary reduction;

  • a change in funding source which alters the appointment to a “contingent on funding” appointment; or

  • the non-renewal of employment in the best interests of the University.

Notice of non-reappointment
Written recommendation for non-reappointment of an unclassified professional staff member may be made by the chair or director (or their designee) to the authorized administrator as noted herein. Notices of non-reappointment may also be initiated without written recommendation by the authorized administrators who will determine if non-reappointment is required or is in the best interests of the University. Only administrators (or their designees) as specified in the Chancellor’s Delegation letter are authorized to issue notices of non-reappointment. Those administrators may designate HRM to issue the written notice.

In consultation with HRM and depending on the nature of the appointment, an unclassified staff member who has received a notice of non-reappointment may be placed on paid administrative leave pending the effective date of the non-reappointment. In such cases, the staff member will be expected to comply with management instructions during this paid absence. Failure to comply with those instructions, or failure to maintain adequate performance and/or conduct could result in disciplinary action up to and including termination prior to the effective date of the non-reappointment.

Circumstances may arise which warrant a modification, extension, or rescinding a notice of non-reappointment. Those changes may be made by the authorized administrator in consultation with HRM.

Duty reassignment
In consultation with HRM, 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. An employee may also be relocated to another work site and/or have electronic system access and/or privileges modified or disabled. In such cases, the staff member will be expected to comply with management instructions during this paid absence. Failure to comply with those instructions, or failure to maintain adequate performance and/or conduct could result in disciplinary action up to and including termination prior to the effective date of the non-reappointment.                        

Notice time periods
Generally appointments for unclassified professional staff appointed to regular positions without special employment conditions begin with the fiscal year. The appointment generally continues through June 30 which is considered the last day of the fiscal year for the purpose of non-reappointments. Unclassified professional staff appointments with special employment conditions (e.g., limited term, contingent upon funding, “serve at the pleasure” appointments)  as defined by the University’s policy on Employment Conditions or appointments held during periods of budgetary constraints, emergencies, program restructuring, or discontinuance of a program are not subject to these notice time periods.

During the first three (3) fiscal years of continuous service on regular, fiscal year appointments with the University and after successfully completing the probationary period, notice must be given no later than May 17th for non-reappointment the following fiscal year. After completion of the third full fiscal year of continuous service on regular staff appointments with the University, the individual must be given notice no later than March 30th if the employee will not be reappointed the following fiscal year.

In some cases, unclassified professional staff may be appointed to less than a full fiscal year. They may also be subject to special employment conditions previously mentioned without notice time periods. Absent special employment conditions, staff appointed on less than a fiscal year basis must be given notice of non-reappointment no later than March 30th, regardless of their length of service.

Exceptions to notice time periods
Certain appointments subject to special employment conditions are defined by the University’s policy on Employment Conditions and are exempt from the provisions of this policy pertaining to notice periods and appeals. Those exclusions include:

  • Contingent on funding appointments;

  • Serve at the pleasure of appointments; or

  • Limited term appointments.

Budgetary constraints, emergencies, program restructuring, or discontinuance of a program:
In the event of termination because of program restructuring, or discontinuance of a program, or termination due to budgetary constraints, or emergencies, the specified notice of non-reappointment time periods do not apply. Individuals whose appointments are being terminated because of budgetary constraints or emergencies will be provided a minimum of no less than two (2) weeks advance notice regarding the termination of their appointment, 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.

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 (14) calendar days of the date of the written notice of non-reappointment to the administrator issuing the notice. If an unclassified professional staff reports directly to the administrator issuing the notice of non-reappointment, the employee may appeal that procedural violation to an administrator designated by the Provost or Chancellor for that purpose. Such an appeal cannot be based on any reason other than that the notice violated established University procedures for non-reappointment. This is the sole avenue for appeal of a notice of non-reappointment.

However, there is no appeal for termination of appointments with employment conditions that:

  • serve at the pleasure of;

  • are contingent on funding;

  • are limited term appointments; or

terminations based on financial exigency.

Exclusions or Special Circumstances: 

Faculty or unclassified academic staff may hold joint appointments as unclassified professional staff with or without the special employment conditions cited herein. A faculty or unclassified staff 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.

This policy does not apply to temporary appointments or to staff on probation since such appointments are considered to be “at will” and may be terminated at any time with or without notice.

Notices of non-reappointment are not be covered by the Grievance Procedure for Staff.

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: 
Vice Provost for Administration and Finance
Approved on: 
Wednesday, June 28, 2017
Effective on: 
Saturday, July 1, 2017
Review Cycle: 
Annual (As Needed)
Keywords: 
Notice of non-reappointment, non-reappointment, termination
Review, Approval & Change History: 

06/30/2017: Policy updated to clarify current practices.
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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