(Amended 3/01; 3/02)
Departments report resignations, dismissals, and all absences without pay no later than the effective date thereof. Failure to furnish such reports promptly results in overpayments of salary which must be recovered. Departmental executive officers should be aware that under the law they are personally responsible for all nonrecoverable overpayments which occur because of failure to make the necessary reports promptly.
Any termination of service is reported on forms designed for that purpose which can be obtained through the University Human Resources Web Transaction System. (Terminations are not to be reported by telephone.) It is not sufficient to rely upon the inclusion of a resignation date in the original statement of employment or the failure to include a name in a new budget as adequate notification of termination of employment. All departments are to use the Termination of Employment form in the case of every individual who severs connections with the University so that the staff member's records and other University records are complete.
The Termination of Employment form is to indicate the last day of service. For staff and faculty with an accrued vacation balance at termination, the accrued vacation balance will be paid as a lump sum at the current hourly rate of pay and is not to be used to extend the last day of service.
12.2 NON-RENEWAL OF PROBATIONARY ACADEMIC APPOINTMENTS.
Notice of non-renewal of a probationary appointment of a faculty member, or of intention not to recommend reappointment after a stated period of a probationary appointment has expired, is given in writing in accordance with the following standards:
a. Not later than March 1 of the first academic year of service, if the appointment expires at the end of that year; or, if a one-year appointment terminates during an academic year, at least three months in advance of its termination.
b. Not later than December 15 of the second academic year of service if the appointment expires at the end of that year; or, if an initial two-year appointment terminates during an academic year, at least six months in advance of its termination.
c. At least twelve months before the expiration of an appointment after two or more years in the institution.
12.3 MERIT SYSTEM STAFF.
Resignations are reported on a form provided for that purpose through the University Human Resources Web Transaction System. It is important that the last day of work be indicated.
12.4 GRADUATE ASSISTANT DISMISSAL.
(Regents 11/13-14/69; amended 3/8/06)
This procedure recognizes the statutory power of the Board of Regents, State of Iowa, to employ and discharge employees of the University (IC 262.9(2)). Graduate student employees may also be covered by a collective bargaining agreement, the terms of which take precedence over the terms of this policy unless the collective bargaining agreement is silent, the individual appointment is exempt from the bargaining unit, or the cause for dismissal arises from the individual's relationship with the University as a student.
Graduate students holding graduate assistant appointments also must remain students in good standing with their academic program. Evaluation of academic performance and procedures for dismissal from student status in a graduate program for academic reasons are described in the Manual of Rules and Regulations of the Graduate College. Procedures for dismissal from student status due to violations of the University's Code of Student Life are described in Policies and Regulations Affecting Students.
b. Definitions. As used in this policy:
(2) Graduate assistant -- a graduate student employed as a teaching or research assistant.
(3) Immediate supervisor -- the person directly charged with directing or supervising the employment activities of a graduate assistant, and/or a departmental or collegiate administrator charged with the general supervision of the relevant graduate assistant.
(4) Appointing DEO -- the departmental executive officer or director of the department in which the graduate assistant is employed.
(5) Academic dean -- the dean of the college in which the graduate assistant is registered as a student.
(6) Appointing dean/vice president -- the dean of the college or vice president of the division in which the graduate assistant is employed.
(b) for summer assistantships without registration for summer classes, if the graduate assistant has pre-registered for the fall prior to the end of the spring semester.
(3) Graduate assistants may be dismissed during the term of their appointment as the result of sanctions arising from violations of the Code of Student Life.
(4) Graduate assistants may be dismissed during the term of their appointment due to an unanticipated loss of funding following a notice of 30 calendar days.
(5) Graduate assistants may be dismissed during the term of their appointment for proper cause related to job performance. Proper cause exists when the graduate assistant has failed to meet a duty, obligation, or stated expectation of performance established by his or her immediate supervisor, or the graduate assistant has violated a University, collegiate, or departmental policy. Graduate assistants may be subject to immediate dismissal for serious or repeated actions creating proper cause. Lesser offenses may result initially in progressive disciplinary action, but also may lead to dismissal for proper cause.
(6) Graduate assistants may be dismissed from their appointment for failure to return to duty following an approved leave from their assistantship.
(2) The appointing dean/vice president or his or her designee shall review the facts and circumstances, including the department's recommendation and the graduate assistant's response, using any necessary and appropriate fact-finding methods, and shall make a determination regarding dismissal or other disciplinary action. The appointing dean/vice president or designee shall write a letter of determination to the graduate assistant with a copy to the employing department. Copies of all dismissal or disciplinary actions also shall be provided to the Dean of the Graduate College and the academic dean, if not in the Graduate College.
(3) Graduate assistants may appeal dismissals during the term of their employment under the terms of this policy using the following procedure. (Alleged violations of the application and interpretation of the collective bargaining agreement are reserved for the contract grievance procedure for those graduate assistant employees covered by a collective bargaining agreement.)
(b) The appeal shall commence by the graduate assistant presenting the appeal in writing to the appointing dean/vice president. The graduate assistant also may request a meeting to discuss the basis of the appeal. The appointing dean/vice president or his or her designee shall respond in writing within five (5) working days of receipt of the written appeal or the meeting, whichever is later. Copies of the response shall be sent to the employing department and to the Dean of the Graduate College and the academic dean, if not in the Graduate College.
(c) The graduate assistant shall have the right to be accompanied by a representative throughout the appeal proceedings.
(d) If the appointing dean/vice president's response fails to satisfy the graduate assistant, the graduate assistant may file a written appeal with supporting documentation with the Office of the Executive Vice President and Provost within five (5) working days of receipt of the appointing dean/vice president's response. Upon receipt of this written appeal, the Provost or his or her designee (hereafter 'Provost') shall request that the appointing dean/vice president promptly submit a copy of the dismissal letter and all supporting documentation used in the dismissal decision and subsequent appeal.
(e) Within five (5) working days of the receipt of the written appeal and all relevant materials from both parties, or as soon thereafter as feasible, the Provost shall call a meeting of the graduate assistant and the appointing dean/vice president or his or her designee, to review the process and reasonableness of the dismissal. At this meeting, the parties may present arguments and/or written evidence in support of their position. The final administrative determination shall be made by the Provost. The final determination shall be communicated in writing within five (5) working days of the meeting to the graduate assistant, the appointing DEO, the appointing dean/vice president, the Dean of the Graduate College, and the academic dean, if not in the Graduate College.
(See also II-29 Hearing Regulations for Alleged Violations of Regents Rules.)