9.1 Voluntary Resignation. Staff members may resign at any time during their appointment by submitting a letter of resignation. A termination interview may be arranged by the campus office responsible for Human Resources administration. The purposes of this interview are to review eligibility for continuation and conversion of benefits, to ensure that all necessary termination forms are completed, and to provide employees with an opportunity to discuss their job-related experiences.
9.1.1 Termination date. The last day of active service is considered the last day of employment. Vacation, sick leave, earned time or periods of inactive service may not be used to extend employment and benefits beyond the last day worked.
9.1.1.1 Exception. A staff member who will be a USNH retiree (as defined in USY V.C.9.2.1) may use up to ten (10) vacation or Earned Time days to extend employment from the last day of active service to the effective date of retirement.
9.1.2 Exempt Staff may resign by submitting written notice to their immediate supervisor with a copy to Human Resources at least one calendar month in advance of the effective date. The staff member shall be paid for unused vacation time up to a maximum of 30 days. (Reference USY V.A.12.5.1.3 For the purpose of calculating the amount of vacation payoff at termination, minimum usage will be prorated through the date of termination, and any remaining minimum usage days will be subtracted from the staff member's vacation/personal leave balance.)
9.1.3 Non-exempt staff members may resign by submitting written notice to their immediate supervisor with a copy to Human Resources at least two weeks in advance of the effective date. The staff member shall be paid for all unused Earned Time/vacation time. (Reference USY V.A.11.7)
9.1.4 Faculty may resign during the term of appointment by submitting written notice to the Academic Vice President, Dean, or equivalent academic administrator, of the respective administrative unit. Specific requirements or qualifications are governed by institutional policy and/or collective bargaining agreements.
9.2 Retirement from USNH
9.2.1 Definition of retiree. There are three types of retiree status. For all three types the former faculty or staff member must have served in a status position for a period equal to 10 or more years of service at the time of retirement or departure from USNH active service status.
9.2.1.1 Retiree (ARC) -- A faculty or staff member with the Additional Retirement Contribution Plan either by choice or by beginning employment within USNH on or after 7/1/94 , and who has reached at least age 62.
9.2.1.2 Retiree (Benefits) -- a former faculty or staff member hired prior to 7/1/94 who has reached at least age 62 and has 10 or more years of full-time service and at least 10 years of participation in a USNH sponsored retirement plan, and who chose the retiree medical coverage instead of the additional retirement contribution (ARC).
9.2.1.3 Retiree (Cooperative Extension) -- a former faculty or staff member within Cooperative Extension who meets the requirements for retirement under the Civil Service Retirement System.
9.2.2 Retirement Benefit Eligibility. If enrolled in a USNH medical plan at the time of retirement, a retiree is eligible for the medical benefit bridge from age 62 until age 65, as outlined in USY V.A.7. Retirees (Benefits), defined in USY V.C.9.2.1.2, are also eligible for the Retiree Medicare Complimentary Plan as outlined in USY V.A.7.
9.3 Failure to Return from Leave/Job Abandonment
9.3.1 Leave. A staff member who does not return to work on the expected date after a leave of absence or non-active service period shall be subject to termination. The termination shall be considered a voluntary termination. (Reference USY V.A. Benefits)
9.3.2 Job Abandonment. A staff member who does not report to work as expected and does not provide notification to the supervisor shall be considered to have abandoned the job and shall be subject to termination. Such abandonment shall result in termination after completion of the steps below. The termination shall be considered a voluntary termination.
9.3.3 Process
9.3.3.1 The appropriate supervisor or administrator shall provide a written statement to the staff member that will include the facts of the failure to return to work and notification that the employer considers the staff member to have abandoned his or her job. The letter will notify the staff member that he or she may be terminated and specify a date and time for a meeting to discuss the matter with the supervisor. Such letter shall be delivered or sent by registered mail to the employee at the last known address.
9.3.3.2 The staff member shall meet with the supervisor as required in the letter. Failure to do so will be considered agreement with the facts of the statement, and will be sufficient grounds for considering the employee terminated for reason of job abandonment.
9.4 Termination Due to Lack of Funding/Appointment Limitation. A faculty or staff member may be terminated based solely on the lack of continued funding including positions supported from grant funds. When the administration is aware that funding will be terminated, it will notify the employee as soon as possible, but in any case a minimum of 30 days written notice for Operating Staff and 90 days for PATs will be given, or salary in lieu of. The appropriate written notice will be considered to have been given if the following conditions apply:
9.4.1 Term and Grant Appointed Positions: Individuals hired to staff externally-funded projects and/or hired in the "term" appointment category will be advised at the time of appointment that employment continues only as long as the project/grant is funded or until a set date. The faculty/staff member is provided a written description of the anticipated length of employment in the letter of appointment when hired; if a grant is renewed, then a renewal letter must be provided.
9.4.2 Federal, State and County Funded Positions: With regard to positions supported from Cooperative Extension funds (appropriations from federal, state and county sources), and where termination is based solely on the lack of funding, the Cooperative Extension shall make a reasonable effort to support a transfer within the organization to other appropriate employment for which the individual is qualified. The administration will notify the employee in writing at least 60 days--or more if possible--prior to termination of funding.
9.5 Involuntary Termination Due to Factors Other than Performance -- Exempt and Non-Exempt. Whenever elimination of status positions is contemplated for reasons not including financial exigency (USY V.C.9.7), i.e., program curtailments, changes in educational missions or in improved technological methods of working, the institutions within the University System of New Hampshire shall use procedures to ensure that fairness and due consideration are given to benefits eligible individuals whose status jobs are affected, including notifying the employee as early as possible. Minimum written notice requirements are 90 days for exempt staff, and 30 days for non-exempt staff. Reasons for termination and basis for appeal and the appeal process are included in the letter of notification.
9.5.1 Authority. Directors of Human Resources and Affirmative Action will be responsible for monitoring the involuntary termination process, including affirmative action guidelines. Subject to the parameters of USNH policy as well as campus policy and guidelines established by the institutions, appropriate administrators shall have the authority to eliminate positions in compliance with the above description.
9.5.2 Process. Each institution may, within the guidelines of USY policy, augment the standards and processes for consideration of involuntary termination due to factors other than performance. Those guidelines would be in addition to those included in this policy.
9.5.2.1 Prior to elimination of a position, supervisors, including the appropriate administrators having appointing authority, shall consider institution-wide options, alternatives to involuntary termination, and department level alternatives. The institution-wide alternatives to consider shall include attrition, reduction of temporary employees, reassignment or transfer of employees (provided they are suitably qualified) to other units, or access to voluntary separation incentives.
9.5.2.2 The departmental alternatives to be reviewed should include voluntary attrition; shared or reduced time option; reduction in temporary employees; transfer or retraining for other positions within the department or reduction of overtime.
9.5.2.3 A summary of these considerations should be documented in writing. This document shall normally be shared only on a need-to-know basis as determined by the institution. Confidentiality of information regarding personnel related information regarding employees may dictate the withholding of some or all of the analysis.
9.5.3 Factors. After considering the above alternatives and when a discontinuance of a job becomes necessary, the following factors (not listed in priority order) shall be considered when identifying employees whose position is being recommended for termination:
Projected program and staffing needs;
Qualifications of current staff members;
Merit as determined by written performance evaluations;
Length of active service within the institution or system;
- Affirmative action goals in light of proposed reductions.
9.5.3.1 Purpose: The intent of the following process is for the institution to help facilitate a transition from the involuntary termination. It is expected that the supervisor will provide information about the options and that the staff member will take an active role in determining which options best suit his/her needs.
9.5.3.1.1 Process. After a position has been identified as recommended for an involuntary termination, the employee and the supervisor will discuss the feasible alternatives to involuntary termination. Those may include voluntary resignation, retirement or approved separation incentive plans. These options are neither necessarily available in all circumstances, nor intended to be inclusive of all the options.
If no alternative to involuntary separation is appropriate, the supervisor, the employee, and where appropriate, a representative from the campus HR/Personnel office will discuss the potential options for assistance including outplacement assistance, retraining, a process for applying for internal positions, or utilization of any of the options listed in USY V.C.9.5.4. The employee may request a written confirmation of any or all of the options which the institution offered to the employee.
9.5.4 Options for Assistance. Campus procedures will include consideration of at least the following options, as appropriate to individual circumstances, in the handling of a faculty/staff member who is terminated due to factors other than performance.
9.5.4.1 Assistance with updating the individual's resume;
9.5.4.2 Arrangements to receive all listed USNH vacancies;
9.5.4.3 Referral to out-placement such as the campus career services support office or campus offered resume-writing training programs;
9.5.4.4 Offer of reasonable time off with pay during notice period to pursue other employment opportunities;
9.5.4.5 Continuation of tuition waiver for course(s) in which employee and/or dependents are currently enrolled.
9.5.4.6 Assistance in developing interview skills;
9.5.4.7 Access to library for up to six (6) months beyond date of termination;
9.5.4.8 Continuation of recreation and parking sticker pass for up to six (6) months beyond date of termination;
9.5.4.9 Continuation of discount eligibility at the bookstore, sporting events, etc. for up to six (6) months beyond date of termination;
9.5.5 Record-keeping. Each institution and the USNH Human Resources Office are responsible for maintaining demographic information regarding the number of RIFs, lay-offs and other personnel actions taken as a direct result of budget reallocation and program reduction. At a minimum, information should include department, age, gender, race, and years of service of employees involuntarily terminated due to reductions in force.
9.5.6 Re-employment options. A staff member whose position has been eliminated (i.e. "riffed") will have priority consideration for any vacant position where that staff member has the minimum qualifications required for the position. The campus Human Resources Office in consultation with the hiring department will be responsible for making the initial determination that the individual meets the minimum qualifications. Priority consideration means that the identified staff member will have the following options for up to six months after the date of termination.
- At the mutual agreement of the institution and the staff member, the staff member may be placed in a vacant position without the normal advertising process; or
- The staff member will be granted interviews for all position vacancies within the institution for which the individual is qualified
9.5.6.1 In both cases priority consideration shall also mean that the riffed staff member shall have preference over outside candidates when his/her qualifications are comparable to those of other candidates, as determined by the department in consultation with Human Resources. Outside candidates shall hourly, non-status and temporary employees.
9.6 Programmatic Displacement of Faculty. While a faculty member may be dismissed by the Attorney General of the State of New Hampshire for violation of his/her oath of office and/or by an institution because of a bona fide financial exigency (USY C.9.8), faculty may also be displaced because of programmatic changes according to the following general principles. Collective bargaining agreements establish the process for programmatic displacement of faculty rather than this policy.
9.6.1 Process. Decisions to change academic programs or units shall involve essentially educational considerations of a long-term nature, rather than cyclical or short-term fluctuations in enrollments. Such decisions are normally, but not necessarily, based on a thorough program review. Full participation by appropriate faculty and sufficient time -- normally an academic year are the norm for such a review. Any program changes resulting in displacement of tenured faculty must include authorization by the Board of Trustees.
9.6.1.1 When program review has been completed, and decisions are made to consolidate, disestablish or discontinue an academic program, those faculty members displaced as a result shall receive formal written notification of displacement:
9.6.1.1.1 The notification period for faculty without tenure shall parallel current policy concerning notification periods for non-renewal of a non-tenured appointment.
9.6.1.1.2 The notification period for faculty with tenure shall be a minimum of 18 months.
9.6.1.2 Fairness and due consideration must be given to individuals affected by such program changes, and all reasonable steps must be taken to avoid termination of displaced faculty members. Alternatives that shall be considered in lieu of involuntary displacement shall be: shared or reduced time options, early retirement, reassignment or transfer to other vacancies (including administrative positions), voluntary separation with placement support and/or other career redirections. Where retraining is appropriate, the University System shall bear the reasonable costs (not to exceed a year's salary).
9.6.1.3 Transfer to other units within the same institution is the primary -- but by no means exclusive -- method for accommodating faculty members displaced by programmatic changes. For both tenured and non-tenured faculty, the first obligation to effect a transfer (or other accommodation) is with the President of the institution at which program changes are made.
9.6.2 Notice. If neither transfer nor other suitable opportunities are available for tenured faculty following program review, and after considering the same five factors listed in the Guidelines on Involuntary Termination Due to Factors Other than Performance (USY C.9.5), displaced faculty will be terminated after the notification period listed above. In the event of the re-establishment within three years of a terminated program, first priority for reemployment will be given to displaced tenured faculty.
9.6.3 Decisions made regarding termination of tenured faculty members are subject to grievance procedures only on the grounds of procedural and/or due process errors.
9.7 Involuntary Termination -- Financial Exigency
An employee may be terminated by an institution of the University System because of a bona fide financial exigency. A bona fide financial exigency is defined as an imminent financial crisis that threatens a system unit in its entirety as an educational institution and which cannot be alleviated by less drastic means. Further, that these reductions cannot be accomplished by normal reduction or allocation of resources as outlined in the Guidelines on Involuntary Termination Due to Factors Other than Performance for Personnel Other than Faculty (USY V.C.9.5) or in the policy on Programmatic Displacement of Faculty (USY V.C.9.6).9.7.1 Process. Before a declaration of exigency is made, the President or CEO of an institution will confer with the appropriate campus councils or other appropriate representative bodies, and, along with the Board of Trustees, provide opportunity to participate fully with the Board in relevant discussions pertaining to financial exigency. The Board of Trustees must make an official declaration of the existence of a financial exigency. Once the existence of a financial exigency has been declared, the President of the institution affected will, according to policies on financial exigency applicable to each, consult with appropriate representative bodies and individuals, in order to identify areas to be reduced and to determine criteria to be used in identifying individuals affected.
In specifying these terminations, the President and the representative bodies will be guided by the principle that a faculty member with tenure will not be terminated in favor of retaining a faculty member without tenure except where a serious distortion of the academic program would otherwise result.
9.7.2 Notice. Once financial exigency is declared, the rules of notification of termination may be waived, although every bona fide effort will be made to follow the notice procedures. It is important that minimum disruption is caused to the workflow of the institution and that staff members receive adequate notice. To that end, oral communication regarding alternatives to reduction in force should take place with the staff member as soon as feasible prior to a decision to terminate.
9.8 Involuntary Termination Due to Performance. An exempt or non-exempt staff member may be terminated based on poor performance. The supervisor has the authority to terminate employment for documented performance reasons and in consultation with the Human Resources Office.
9.8.1 Tenure-Track Faculty. A description of the formal authority and process to terminate a tenure-track faculty member for performance is included in the PSU Faculty Handbook, the KSCEA contract, the Wheelock School Handbook and the UNH AAUP contract.
9.8.2 Non Tenure-Track Faculty. Authority to terminate a non-tenured track faculty member is held by the President of the campus.
9.8.3 Principal Administrators. Authority to terminate a Principal Administrator is held by the Executive Committee of the Board of Trustees.
9.8.4 PAT and Operating Staff Process
9.8.4.1 Evaluative Steps. The supervisor and/or responsible administrator shall provide the staff member with written or oral notice describing the deficiencies and identify expected improvements. If appropriate corrective action is not taken by the staff member, the supervisor will again discuss and outline in writing the staff member's deficiencies and expected improvements.
9.8.4.2 Constructive Discipline. If job performance does not improve, evaluative steps change to disciplinary action. For a description of the disciplinary options available and procedures reference USY V.C.8.2 and USY V.C.8.3.
9.8.4.3 Termination. When evaluative and constructive discipline fail and deficiencies persist, termination of employment will result. A termination may occur after demonstrable effort on the part of the supervisor to resolve the problems. The supervisor, in conjunction with Human Resources, may terminate and ask the employee not to report to work during the notice period. A letter of termination will be given to the staff member indicating the reason(s) for termination and shall include the appropriate period of notice and the procedure for utilizing the grievance procedure.
9.8.5 Notification Period. Upon termination accumulated vacation/ET leave will be paid according to policy and such time shall not be counted as part of the terminal notice period.
9.8.5.1 Faculty. Notice for termination of faculty for performance shall be described in the KSCEA contract, the Wheelock School Handbook, UNH-AAUP contract, and the PSU Faculty Handbook.
9.8.5.2 PATs, Extension Educators, and Academic Administrators shall receive a ninety (90) calendar days' notice (or salary in lieu of notice) for termination due to performance.
9.8.5.3 Operating Staff shall receive a fourteen (14) calendar days notice (or salary in lieu of notice) for termination due to performance.
9.8.5.4 Principal Administrators. The notice period for Principal Administrators terminated due to performance shall be determined by the Executive Committee of the Board of Trustees.
9.8.6 Exceptions and Agreements. Termination of employment due to performance that requires exceptions to policy shall require the approval of the USNH Director of Human Resources. A settlement or waiving of legal claims requires the approval of the USNH General Counsel.
9.9 Termination Appeal Process. A staff member (who is not in the initial introductory period) who wishes to appeal an involuntary termination of employment should utilize the grievance procedure. Notice of right to grievance procedures and time limitations will be included in the written termination notice. A staff member appealing a termination may be placed on leave of absence without pay. Failure to initiate the grievance procedure within 10 calendar days of the receipt of the notice of involuntary termination will be considered a direct affirmation that the staff member does not wish to appeal the termination.
9.10 Involuntary Termination -- Insubordination/Guilt in a Crime/Grievous Action
9.10.1 Termination for Destructive or Detrimental Action. When the staff member's actions are so destructive or detrimental that they cannot be tolerated, the staff member may be terminated immediately without further notice. A written statement of the reasons for termination shall be provided to the staff member as quickly as practicable, but the requirements of constructive discipline and the applicable notice periods shall not apply.
9.10.1.1 Serious Crime. An employee may be terminated if he/she admits guilt or is found guilty of a serious crime that demonstrates unfitness for continued employment within the University System.
9.10.1.2 Insubordination. An employee may be terminated for a serious act of insubordination, such as refusal to carry out job responsibilities or refusal to acknowledge the legitimate authority of the supervisor or the organization.
9.10.1.3 Grievous Acts. An employee may be terminated for serious grievous acts of violation of policy as described elsewhere in policy including but not limited to guilt in sexual harassment, failure to comply with substance abuse and/or safety policies, or the conflict of interest policy. See USY V.C.8.2.2.
9.10.1.4 Status Pending Resolution of Criminal Charges. Depending on the specific circumstances involved, an employee may be placed on a Leave of Absence without Pay or Leave of Absence with Pay status by the Human Resources pending the resolution of a criminal charge. Other personnel action also may be taken when appropriate, including but not limited to termination.
9.10.2 Authority
9.10.2.1 Operating Staff, PATs, non-tenure track faculty, Extension Educators, Academic Administrators may be terminated by the authority of the appropriate supervisor or administrator in conjunction with the Human Resources Office subject to the conditions described in this policy.
9.10.2.2 Tenured faculty may be terminated by the institution subject to the conditions outlined in the KSCEA contract, the Wheelock School Handbook, the PSU Faculty Handbook, and the UNH-AAUP contract.
9.10.3 Process
9.10.3.1 Upon making a determination that one of the above actions described in USY V.C.9.10.1.1-9.10.1.3 has occurred, a supervisor must give the employee an opportunity to provide an explanation or evidence relating to the accusations.
9.10.3.2 The supervisor or administrator will review such information and may make a decision to use a method of discipline (see USY V.C.8.2 & 8.3), or in conjunction with the Human Resources Office, terminate the employment of the faculty/staff member immediately.
9.10.3.3 Termination. If termination occurs, a written statement of the reasons for termination shall be provided to the employee as quickly as practical, but the requirements of constructive discipline shall not apply. Such statement shall include a statement regarding the right to use the grievance procedure in compliance with USY V.C.9.10.5.
9.10.4 Notification. The normal periods of notice shall not apply and termination may occur without notice. Vacation/ET will not be paid according to policy USY V.A.11.7 and USY V.A.12.6.
9.10.5 Grievance. A staff member terminated under this provision may utilize the grievance procedure excluding the purpose of re-litigating a criminal conviction. The normal grievance procedure may be used to grieve due process and to grieve the determination that the accusation fit the description(s) provided in this policy.
9.10.6 All unused vacation time up to 30 days will be paid to the staff member (or his/her estate in the case of the individual's death) at the time of termination or retirement, if the termination occurs under normal circumstances and does not involve an act that demonstrates unfitness for continued employment within the University System such as theft or immoral conduct. Compensation for all accumulated vacation/personal leave will be based on the normal workweek up to the allowable maximum (see USY V.F.5-6). In cases where appropriate notice is not given (see USY V.A.11.7.1), the disposition of accrued earned time (OS) and vacation/personal/personal leave (PATs and OS not participating in the Earned Time Program) will be based on the following: for each day the termination notice is delayed, one day will be deducted to a maximum of 10 days. Exceptions to such notice requirements may be granted by the campus chief personnel officer. In no instance shall vacation time be used to extend employment beyond the last day of work (see USY V.A.11.7 for payment of unused Earned Time at termination).