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Part III: Faculty Personnel Rights

Chapter 6 - FACULTY RIGHTS

6.1. RIGHTS

Faculty shall have the rights and privileges of the University faculty as provided by the U.S. Constitution, State of Nevada, NSHE Code, and the University of Nevada, Reno bylaws. No faculty member shall be required to waive any constitutional rights, other legal rights, or any of the rights provided therein as a condition of initial or continued employment, nor be subject to university sanction of any sort for the exercise of these rights.

The Division of Student Services also recognizes professional standards and ethical codes established by professional associations including the American Association for Marriage and Family Therapy, American Association of Collegiate Registrars and Admissions Officers, American Counseling Association, American College Personnel
Association and its Divisions, American Council on Education, American Psychological Association and its Divisions, National Academic Advising Association, National Association of College Admissions Counselors, National Association of College and University Business Officers, National Association of College and University Housing Officers - International, National Association of College Auxiliary Services, National Association of College Stores, National Association for Campus Activities, Association for College Unions International, National Student Employment Association, National Association of Student Personnel Administrators.

If these rights, standards, or ethical codes come into conflict with one another, then the matter shall be reviewed by the to the Student Services Personnel Committee who will, in conjunction with the Vice President of Student Services and Human Resources, advise a course of action.

Academic Freedom - Reference NSHE Code, Chapter 2 and University of Nevada, Reno bylaws Section 3.

Oaths - Reference University of Nevada, Reno bylaws Section 3.

6.2. PERSONNEL FILE

Reference NSHE Code Chapter 5 and University of Nevada, Reno bylaws Section 3

The University shall maintain at is Human Resources office an official personnel file for each member of the faculty. Other personnel files maintained in the department, major unit, or university administrative offices shall be supervised and kept in a secure, locked place, by the appropriate administrators (department files by the chair, major unit files by the dean or director, and University files by the administrator designated by the
President).

CONTENTS OF FILES

Reference NSHE Code, Title 2, Chapter 5 and University of Nevada, Reno bylaws Section 3 .

Each file shall contain any information pertinent to an evaluation of the faculty member's work and normally will include biographical and personal information, evidence of a faculty member's academic and professional accomplishments, and personnel evaluations by departmental chairs, deans or directors. No anonymous material except duly authorized student evaluations, as authorized by major unit or departmental bylaws, shall be placed in the file.

ACCESS TO AND MODIFICATION OF FILES

Reference NSHE Code, Title 2, Chapter 5 and University of Nevada, Reno bylaws Section 3.

Personnel and payroll files of University faculty are confidential.


Chapter 7 - GRIEVANCES

7.1. GRIEVANCE PROCEDURES

Reference NSHE Code, Title 2, Chapter 5 and University of Nevada, Reno bylaws Section 3.


Chapter 8 - PROFESSIONAL RESPONSIBILITIES, EVALUATION, AND PERSONNEL RECOMMENDATIONS

8.1. PROFESSIONAL RESPONSIBILITIES

Reference NSHE Code, Title 2, Chapter 5 and University of Nevada, Reno bylaws Section 3.

All personnel evaluations shall be made on the basis of written and specific professional responsibilities and performance expectations mutually agreed upon by the individual faculty member and the responsible agent within the department as specified by department bylaws. All specifications of professional responsibilities for a member of the faculty shall be in accordance with the mission and priorities of that person's department, as defined in the University of Nevada, Reno bylaws Section 2. Any deviations from the mission and priorities described in the department bylaws must be justified and approved in writing by the dean and the President. The agreement shall be
subject to appropriate periodic review by the individual faculty member and the responsible agent within the department who shall make every effort to accommodate subsequent changes that may be desired by either party. If a member of the faculty and the responsible agent in the department are unable to reach an agreement about specified professional responsibilities, the matter is subject to the grievance procedure outlined in these Bylaws. The agreed upon specification of professional responsibilities may be subject to review by the dean or other appropriate administrators.

All personnel evaluations shall be made on the basis of a record of effectiveness, efficiency and ability to perform specified professional responsibilities. The specifications of the professional's responsibilities are presented in the following documents: The Position Description Questionnaire, the Job Description, where applicable, and the appropriate evaluation form. These documents outlining professional responsibilities are subject to review and approval of the Vice President for Student Services.

8.2. EVALUATION

Reference NSHE Code, Title 2, Chapter 5 and University of Nevada, Reno bylaws Section 3.

According to University of Nevada, Reno bylaws Section 3, each faculty member shall be evaluated in writing at least once annually by department chairs, supervisors or heads of administrative units according to the above-specified professional responsibilities. All performance evaluations shall include a rating of:

  • "excellent,"
  • "commendable,"
  • "satisfactory," or
  • "unsatisfactory."

An overall evaluation of "excellent" or "commendable" shall be considered meritorious. Each person shall submit documentation, as specified in department, major unit, and these bylaws, for evaluation. The evaluation of each person shall carry a signed statement indicating that he or she has read the evaluation or has waived the right to read it. If the faculty member disagrees with the annual evaluation rating, he or she may submit a written rejoinder (NSHE Code Title 2, Chapter 5) and/or may initiate a reconsideration and/or grievance through regular administrative channels as specified in University of Nevada, Reno bylaws Section 3.

All evaluations shall be initiated by the department and shall be made on the basis of equitable and uniform criteria. Evaluations of instructional faculty shall include an assessment of teaching evaluations completed by their students. Quality of performance for each area of professional activity shall be assessed according to
procedures and criteria specified in department, major unit, and these bylaws and may include peer review. For tenure-track faculty members, external peer review shall be required for promotion or tenure, as specified in major unit and/or department bylaws.

All evaluations shall be conducted in accordance with principles of judicious review, here defined as careful and professional assessment of admissible evidence materials presented so as to insure a just and equitable recommendation. Faculty shall, upon request, have access to materials used by the supervisor in writing the evaluation, including the results of, but not the originals of, student evaluations and comments, and in the case of administrative faculty whose evaluations include surveys, the results of, but not the originals or copies of, such surveys. In responding to such a request, the supervisor must ensure the anonymity of the students and the survey respondents. With the exception of the results of such student evaluations and comments and such surveys, anonymous materials shall not be considered by the supervisor. Faculty members receiving an overall rating of "unsatisfactory" on their evaluation shall be provided with constructive feedback in the written evaluation for improving their performance. This constructive feedback must include a written plan for improvement, which must be specific and must be provided at the time of the first "unsatisfactory" rating.

The performance evaluations of executive and supervisory faculty shall include consultation with the professional and classified staff of the unit. The form and process of this consultation shall be defined and determined by unit bylaws. In addition, there shall be a broader periodic evaluation for vice-presidents, deans, and other equivalent administrators, as well as for any other executive or supervisory faculty members if requested by the President. These periodic evaluations shall be done on a rotating schedule, with advice from the Faculty Senate, once every three to five years. This evaluation process and its instruments shall be the responsibility of the President, in consultation with the Faculty Senate, and the results of this evaluation shall be advisory to the President. This evaluation shall include identification of and consultation with university faculty and staff outside the administrator's unit who are affected by the administrator's performance, including the administrator's peers.

Each faculty member shall complete the current self-evaluation form as provided by the Division of Student Services. Each faculty member shall be evaluated according to specified professional responsibilities in order to assess the quality of professional performance. The evaluation of each person shall include a signed statement indicating that he/she has read the evaluation. If the faculty member disagrees with any part of the evaluation, he/she may submit a written statement which shall be attached to the written evaluation and become a part thereof. Evaluation of faculty shall be conducted in accordance with the following schedule:

  1. Each faculty member shall be evaluated annually by his/her supervisor, using the appropriate evaluation form. If a faculty member is dissatisfied with his/her final evaluation, he/she may appeal to the Vice President for Student Services. The Division Personnel Committee may be utilized for purposes of recommendation, either at the discretion of the Vice President for Student Services or at the request of the appealing faculty member. Faculty who disagree with their evaluation or merit step may also request reconsideration of the decision through the faculty senate office.
  2. Each supervisor shall be evaluated annually by those faculty and classified staff who report to that supervisor, and in the case of Associate/Assistant Vice Presidents, by all faculty and classified staff within that Unit. The evaluation tool and the evaluation procedure shall be designated by the Division Personnel Committee in accordance with university personnel policies. The findings of these evaluations shall be sent to the supervisor or Associate/Assistant Vice President who was evaluated and forwarded to the Vice President for Student Services within ten university working days.
  3. The Vice President for Student Services shall be evaluated biennially using the appropriate evaluation form as provided by the Division Personnel Committee. This evaluation shall be conducted in even-numbered years before salary decisions are made for the following year. All faculty shall be invited to complete the appropriate form to evaluate the Vice President for Student Services. The Division Personnel Committee will compile information, discuss the evaluation with the Vice President for Student Services, and forward it to the Provost.

8.3. PERSONNEL RECOMMENDATIONS

Reference NSHE Code, Title 2, Chapter 5 and University of Nevada, Reno bylaws Section 3.

Personnel recommendations occur at two levels: Supervisor and the Vice President for Student Services.

a) Immediate supervisor - the faculty member's immediate supervisor shall complete the designated section of the appropriate evaluation form. The supervisor shall use relevant criteria in the evaluation, such as: Job Knowledge, Productivity, Quality of Work, Initiative, Use of Time/Attendance, Planning/Follow-up, Decision Making/Independent Judgment, Community Services, Contributions to the Profession, Creative Innovations, and others. Facts used to assess these criteria may include level of expertise, attitude, cooperation, innovations, reliability, enthusiasm, acceptance of increasing responsibilities, adaptation to changing job requirements, upgrading qualifications, acquiring new knowledge, activity in professional organizations, other professional contributions, university and community service, and effective and positive communication skills. The supervisor and, where appropriate, the Associate/Assistant Vice President shall conduct an evaluation/planning session with the faculty member.

b) The Vice President for Student Services - The Vice President for Student Services shall review the recommendations of the Supervisor, the evaluation results, plus any attachments for each faculty member. From this information, the Vice President for Student Services shall develop a salary schedule for distributing merit pay according to a predetermined formula consistent with current policy, provided that funding for the payment of such merit increases is available. The Associate/Assistant Vice Presidents for Student Services will notify the supervisors of their respective divisions the outcome of the distribution of the merit process. The Vice President for Student Services will

  1. Send a memo to the Division Personnel Committee indicating the final overall Unit evaluations by listing the number of faculty in each of the appropriate rating categories, and
  2. Forward all appropriate materials to the University President.

A meritorious evaluation is a matter of record, recognition of performance deserving special note, regardless of the current availability of funds for direct merit award.

8.4. SALARY

Reference NSHE Code Title 4, Chapter 3 NSHE Code Title 2, Chapter 5. and University of Nevada, Reno bylaws Section 3.

Salary schedules for the university shall be reviewed every four years, in an odd numbered year, by joint efforts of the faculty, the presidents, and the chancellor. Any proposed revisions to the schedules shall not go into effect until approved by the board of Regents.

Merit: NSHE professional employees shall be eligible to be considered for merit awards during fiscal years when a merit pool appropriation is provided. Each NSHE institution shall develop written polices and criteria by institution and/or unit for the recommendation of merit awards for administrative faculty. Merit awards are subject to the approval of the institutional President, or the Chancellor as the case may be, except as provided in NSHE Code Title 4, Chapter 3. All members of the faculty (administrators, administrative faculty, and tenured, tenure track, and non-tenure track academic faculty) shall be evaluated and eligible faculty shall be formally considered annually for merit increases. In the event that merit funds were not available the previous year(s), the record of the previous evaluation period(s) shall also be considered in the awarding merit increases.

Reclassification: A reclassification of an administrative faculty member is in recognition of the level of work and responsibilities assigned to that position. A member of the administrative faculty may request reclassification of the administrative range of his/her current position at any time.

Equity: The Administrative Salary Equity Committee shall review and made recommendation on the equitable movement of administrative faculty members within a salary range based on predetermined criteria.

COLA: Cost of Living Adjustments (COLA) are allocated by the Nevada State Legislature during sessions held every two years. COLA is normally allocated "across-the-board" to all eligible state employees effective July 1. However, there have been years when the Legislature allocates different amounts based on employee type. Also,
there have been years when COLA is implemented at times other than July 1.

Eligible Employees: Regular Continuing Faculty (adjustments are calculated by adding base salary + merit award multiplied by COLA %)

8.5. DIVISION PERSONNEL COMMITTEE

Committee Charge: Specific charges of the Division Personnel Committee shall be as follows:

  1. It shall serve as an appeals board for professional evaluations [reference Section 8.2 of these Bylaws] and make recommendations to the Vice President for Student Services;
  2. It shall be responsible for making recommendations on proposed amendments to and interpretations of these Bylaws;
  3. It shall monitor merit distributions throughout the Division (see Section 8.3 of these Bylaws);
  4. It shall submit nominees for the position of Acting Vice President for Student Services to the President. It may also address other personnel issues as seem appropriate; and
  5. It shall serve as the repository of specific procedures/processes as described by these bylaws.

A. Committee Membership: All members of the faculty with the exceptions of the Vice President for Student Services and the Associate/Assistant Vice presidents shall be eligible to serve on this committee. Every two years the Committee shall be charged to review membership and reapportion as necessary using the following guidelines:

  1. The Committee shall consist of up to 10 voting members.
  2. Each of the three units shall have a minimum of one representative.
  3. The remaining positions may be allocated proportionally by each unit based on every 10 current, filled administrative faculty positions of 0.50 FTE or greater.
  4. The current Student Services Faculty Senate representative shall be a nonvoting member.

B. Terms and Selection: Each committee member is to serve up to three consecutive years. Upon completion of their term, a faculty member is not eligible to serve another term for a period of one year, except for a faculty member serving as Chair-Elect in their last year of eligibility. Selections, based on three-year overlapping
terms when possible, shall be made by faculty within each Unit by January of each calendar year.

C. Officers: Officers of the committee shall include a chairperson and a chairperson-elect elected by majority vote of the committee. Each January the Chair-elect assumes the position of the Chair. The committee shall be convened by the Chair for purposes of electing a new Chair-elect no later than the first week of February each year.

D. Meetings: The committee shall meet a minimum of two times per year

E. Appeals: Faculty members involved in an appeal under paragraph Section 8.2 above as either a petitioner or a respondent shall not serve on the Division Personnel Committee while so involved. If a member of the Division Personnel Committee brings an appeal before the Committee, that member shall be replaced on the committee during said appeal. Likewise, if an appeal is brought before the committee by a faculty member whose supervisor is on the committee, that supervisor shall be replaced on the committee for the duration of that particular appeal. Replacements in both instances shall be drawn by lot from the pool of eligible faculty members in the Unit from which the member being replaced comes.

8.6. ADMINISTRATIVE LEAVE

Reference NSHE Code Title 4, Chapter 3

1. Introduction

a. Higher Education administrators should continually participate in professional development activities that ensure the employment of the most effective administrative knowledge and managerial skills to their current assignments. Some of these exposures may be available within the parent institution or university system, but more often they reside at institutions not easily accessible due to the constraints of time availability and distance.

b. University of Nevada campuses should initiate a program of administrative leaves for administrators assigned responsibilities in areas of dynamic growth and changing
responsibilities or in areas in need of updated administrative or managerial skills.

c. Administrative leaves would not be for the purpose of improving academic or disciplinary research capabilities, nor for obtaining advance degrees. Leaves would be granted on the demonstrated need for administrators to acquire explicit training necessary for improving performance in their current assignment.

2. Eligibility for Administrative Leaves:

a. Administrative officers, such as president, vice-president, assistant or associate vice president, deans and assistant and associate deans, who are on continuing full-time administrative appointments would be eligible (no more than 1 FTE per calendar year per campus). Permanent full-time administrators or directors of programs may be eligible if designated as eligible by the institutional President and the Chancellor.

b. Eligible administrators could apply for an administrative leave after serving at least three years as a full-time administrator in the Nevada System of Higher Education. An administrator would be eligible to reapply for additional administrative leaves at three-year intervals.

3. Duration and Timing of an Administrative Leave:

a. An administrative leave would not exceed three calendar months. Unless specified and approved in advance, the three-month administrative leave should be taken during the summer months and not require employment of a replacement.

4. Administrative Leave Compensation:

a. An administrator will receive full campus compensation unless receiving salary contributions from extramural sources. If the recipient of the administrative leave obtains a foundation grant or other compensation from non-Nevada System of Higher Education sources for the period of the leave, the campus shall not be obligated to pay more than that amount of administrative compensation which, when added to the non-University compensation, will equal 110 percent of the individual's annual base salary for the period of leave. If an allowance for transportation and/or cost-of-living differential is included in the outside compensation, the amount of this allowance will be disregarded in computing the administrative leave compensation to be paid by the campus.

b. Individuals who are on administrative leaves of absence, whether in residence or away from the campus, may not, as employees, provide any services to the Nevada System of Higher Education for which compensation is paid in excess of the approved administrative leave.

5. Fringe Benefits during Leave:

a. To the extent permitted by law, administrators on leave will be regarded as in active Nevada System of Higher Education employment status for purposes of benefits and will continue to receive and accrue benefits under applicable University policies as if they were in active service. Payments for Nevada System of Higher Education insurance premiums and retirement contributions will be based upon actual Nevada System of Higher Education compensation made to the individual. Subject to legal restrictions, the individual may make arrangements with the personnel office for personal payment of additional amounts, if necessary, to maintain full insurance and retirement benefits during the period of the leave.

6. Obligations of Personnel on Administrative Leaves:

a. The recipient of a leave must agree to return to the service of the Nevada System of Higher Education after the termination of the leave for a period of time at least equal to the length of the leave. If he/she does not so return, or returns for a shorter period of service than required under this regulation, the Nevada System of Higher Education will be entitled to a proportionate refund of the compensation paid by the Nevada System of Higher Education during the leave. Upon a determination that the enforcement of this obligation will create an extreme hardship or would be seriously inequitable, the Chancellor and/or President may waive the refund in whole or in part.

b. Within 90 days of the completion of the leave, a written report on the activities undertaken during the leave must be submitted by the recipient of the leave to the institutional President or the Chancellor, as the case may be.

7. These provisions shall not supersede other administrative leave, or leave without pay, as approved by the appointing authority.


Chapter 9 - NONREAPPOINTMENT, DISMISSAL, TERMINATION AND CHANGES IN CONTRACTUAL STATUS

Reference NSHE Code Title 2, Chapter 6, and University of Nevada, Reno bylaws section 3.


Chapter 10 - SEARCH, SELECTION AND APPOINTMENT PROCEDURES

9.1. VACANCY AS VICE PRESIDENT FOR STUDENT SERVICES

Reference NSHE Code Title 2, Chapter 1 and University of Nevada, Reno bylaws Section 3.

The appointment of vice presidents reporting directly to the institutional president, including interim or acting appointments, shall be subject to the approval of the chancellor. Such appointments shall not take effect, and no employment contracts for such positions shall be issued or be binding, until the chancellor approves the appointments. Vice presidents shall serve in such positions solely at the pleasure of the institutional president. The appointment of vice presidents shall be reported to the Board of Regents by the president.

The President, in making a nomination for vice-president to the Board of Regents, shall consult with the faculty. Consultation shall involve a faculty screening committee selected in accordance with provisions defined by the Administrative manual. The committee shall present a list of three or more candidates to the President and shall meet with the President to discuss the proposed candidates.

9.2. ACTING VICE PRESIDENT FOR STUDENT SERVICES

If there will be a period of time between terms of successive Vice Presidents for Student Services, the Division Personnel Committee may submit nominees to the President. The President shall make the final appointment.

9.3. VACANCY AS ASSOCIATE/ASSISTANT VICE PRESIDENT/DIRECTOR

A national search must be conducted pursuant to the Student Services selection procedures approved by the Vice President for Student Services. In those cases where a national search is not feasible, due to budgetary or other restrictions, the Vice President may, in consultation with the Personnel Committee, recommend a local or regional search and/or appointments due to reorganization. The selection process shall follow the University Affirmative Action procedures as well as provisions of the NSHE Code and the University of Nevada, Reno Bylaws.

The Vice President for Student Services shall consult with the departmental staff and the search committee before recommending an appointment to the President. The Vice President for Student Services shall appoint the Associate/Assistant Vice President/Director's Search Committee. At least one faculty person from each unit will be appointed as a member of the committee with no more than one being a Director. An additional appointment shall be from the unit where the vacancy occurs. No more than two members shall be Associate/Assistant Vice President level. No more than two members shall be a Director and at least one member shall be a student. Both women and ethnic minorities must be represented on the committee.

9.4. ACTING ASSOCIATE/ASSISTANT VICE PRESIDENT/DIRECTOR

An Acting Associate/Assistant Vice President/Director shall be appointed by the Vice President for Student Services if there will be a period of time between the terms of the successive administrators. The Acting Associate/Assistant Vice President/Director shall be eligible to apply for the permanent position. The Student Services Personnel
Committee may recommend candidates to the Vice President for Student Services.

9.5. FACULTY VACANCY

Reference: University of Nevada, Reno bylaws Section 3 and University of Nevada, Human Resources

Recommendations for the appointment of new faculty shall originate in the department concerned and shall follow department and major unit bylaws. The terms and conditions of employment shall be specified in the contract in accordance with the NSHE Code. In recruiting and administrative faculty members, the objective shall be to conduct a thorough and appropriate search in an effort to hire the most suitable candidate for the position. Prior to transferring a faculty member from one department to another, administrators must consult with the faculty of both departments. Recommendations for the appointment of new faculty shall originate in the Unit concerned, shall follow University Human Resources procedures, and shall comply with provisions of the NSHE Code and the University of Nevada, Reno Bylaws. Student Services' selection procedures shall be approved by the Vice President for Student Services and made available in writing to departmental personnel.

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