CHAPTER THREE: 3080
EMPLOYMENT INFORMATION CONCERNING FACULTY AND STAFF
January 2008
3080
CLASSIFICATION AND APPOINTMENT OF UNIVERSITY POSITIONS
PREAMBLE: This section defines the types of employment positions at UI, how they
are created, and the terms and instruments of appointment. It was revised in
1983, 1988, and again in 1996. In 2002 many sections of the handbook, including
this one, underwent comprehensive review and substantial revision to bring them
in line with revised SBOE/Regents policy. Further information may be obtained
from Human Resources (208-885-3609) [ed. 7-97, 7-00, 7-02, 9-06].
CONTENTS:
A. Positions Classified on the
Basis of Duration
B. Employee Classifications
C. Appointing Authority
and Legal Compliance
D. Terms of Appointment
E. Instruments of Appointment
A.
POSITIONS CLASSIFIED ON THE BASIS OF DURATION.
A-1. Permanent Positions. A permanent position is one that is
established with the intention that it will continue indefinitely. Once
established, it continues to exist, whether filled or vacant, until
abolished. In summary, a position is designated as "permanent"
solely on the basis of intent as to its duration, irrespective of the
duties, the appointment, the funding source, or any other consideration.
[ed. 1-08]
a. A permanent position may be a faculty (teaching, research,
extension, or
service) position or a staff (exempt or classified)
position. [ed. 7-02, rev. 1-08]
b. A permanent position may be part time (50% or greater) or full
time and it may be filled by an appointment that is temporary, probationary,
fixed-term, continuing, or at the pleasure of the
president or the regents. It is the position, not the appointment,
that is permanent. [rev. 1-08]
c. A permanent position may be supported by appropriated or
nonappropriated funds.
A-2. Authorization of Permanent Positions.
Any permanent new position,
regardless of funding source, requires Board approval prior to any form or
manner of recruitment of applicants. [RGP
IIB.3.a(1)] [rev. 7-02, ed. 1-08]
A-3. Temporary Positions. A temporary position is one that is
established for a definite period: typically, the duration corresponds to the
period of a grant, contract, or duration of work or project. Temporary
hourly positions are governed by FSH 3090. [rev.
7-02, 1-08]
A-4. Authorization of Temporary Positions. Temporary positions may be established by the president or designee. There can be no
commitment to continue a temporary position beyond the length of time
specified when it is established; in particular, there can be no commitment to
continue on appropriated funds a position initially established with nonappropriated funding. [ed. 7-02,
rev. 1-08]
B. EMPLOYEE CLASSIFICATIONS. Every UI employee, belongs to one of two categories--classified
or
exempt--that are defined as follows: [rev. 1-08]
B-1. Classified Employees. "Classified employees at the
University of Idaho are subject to the policies and procedures of the
University of Idaho for its classified employees. Such policies and
procedures require approval by the Board, and should be, in so much as
practical, parallel to the provisions provided for state of Idaho classified
employees in Chapter 53, Title 67, Idaho Code." [RPG
IID1.b] [rev. 7-02]
B-2. Exempt Employees. Exempt means any person appointed to or
holding a position at an institution, agency, or school designated by the
Board as non-classified and thus is not subject to the provisions of Chapter
53, Title 67, Idaho Code or the policies and procedures of the University of
Idaho for its classified employees The Board's designation of a
position or employee as non-classified constitutes any designation necessary
under Idaho law to designate such position or employee as an officer. [RGP
II.D.2, see also 3460
A-3.] Faculty employees comprise a large and unique subset of the Board's
exempt employees. Thus, faculty employees are addressed specifically
throughout these policies and procedures. [RGP
II.D.2.c] [ed. 7-02, rev. 1-08]
C. APPOINTING AUTHORITY AND LEGAL COMPLIANCE.
In
the case of all appointments, compliance with UI’s
affirmative action and equal employment opportunity policy (see FSH 3065)
and with the requirements of all applicable immigration and naturalization laws
(see FSH
3070) is required. These procedures must be
followed to ensure legal compliance. [rev. 7-02, 1-08]
C-1. Regents policy provides: "The Board [Regents] delegates all
authority for personnel management not specifically retained to the
executive director [of the State Board of Education] and the chief executive
officers consistent with the personnel policies and procedures adopted by
the Board. In fulfilling this responsibility, the executive director and
chief executive officers, or their designees, may exercise their authority
consistent with these policies and procedures provided, however, that the
Board retains the authority for taking final action on any matter so
identified anywhere in these policies and procedures."
RGP
II.B.2. [rev. 7-02, ed. 1-08]
C-2. The Regents specifically retain the authority to make the
initial appointment of all employees to any type of position at a salary
that is equal to or higher than 75% of president's annual salary. In
addition the Regents specifically retain the authority to approve, for
longer than one year, the
employment agreement of any head coach or athletic director and all
amendments thereto.
RGP II.B.3.b and
c. [rev.
7-02, 1-08]
D. TERMS OF APPOINTMENT.
D-1. Classified Employees. UI classified employees are appointed
subject to the policies of the University and the Regents. Initial
appointment procedures are included in FSH 3065. [rev.
7-02, ed. 1-08]
D-2. Exempt Employees. All salaried employees of UI, except faculty members with tenure [see
FSH
3520],
and the category described in b below, have fixed terms
of employment. A contract for a fixed term of employment may not exceed one
year without prior approval by the Regents. Employment beyond the contract
period cannot legally be presumed. Reappointment to an additional fixed-term
contract is at the discretion of the president and where applicable of the
Regents. Policies and procedures covering reappointment or nonreappointment of
these employees are included in FSH
3900. [rev. 7-02, 1-08]
a. A category of exempt employees, referred to as "temporary
or special project non-classified employees," is recognized by the Regents.
This category includes (1) employees who are appointed to positions that
are either temporary or for special projects [see A-3 above], and who
generally meet specific position requirements for (a) grants or
contracts of specified duration, or (b) part-time teaching or other
responsibilities, and (2) employees who are appointed to fulfill the
responsibilities of continuing positions on an emergency or temporary
basis. [RGP
II.D.2.d(1)] These employees have no expectation
of continuing employment beyond an existing contract period, and their service in no way qualifies them for consideration for tenure in that
position. In no case are such employees legally entitled to advance notice
of or reasons for a decision not to enter into another contract of
employment for another period and such decision is not grievable or
appealable in any way. [rev. 7-02, 1-08]
b. The UI president serves as such at the pleasure of the Board of
Regents and may be dismissed from that position at any time with or
without cause or written notice. [See also FSH
1420 A-1.] [ed. 7-02]
E. INSTRUMENTS OF APPOINTMENT.
E-1. Classified Employees. Each classified employee receives
on appointment a letter from the department that defines his or her
appointment and specifies the terms of employment. [rev. 7-02]
E-2. Exempt Employees. Each salaried exempt employee serves
pursuant to a letter of appointment and a salary agreement. The employee
acknowledges receipt and acceptance of the terms of the letter and salary
agreement by signing and returning a copy of each to the administrator who
initiated the offer of appointment. Failure or refusal of the employee to sign
and return a copy of the letter and salary agreement within the specified time
is deemed rejection of the offer of employment unless the parties have
mutually agreed to extend the time. If the employee does not sign and return
the initial offer within the specified time UI may, at its discretion, extend
another offer to the employee. Any alteration by the employee of the offer is
deemed a counteroffer requiring an affirmative act of acceptance by the
president or the president's designee. [rev. 7-02]
E-3. Faculty Members. Offers of academic employment are made by
academic colleges. Every faculty hire is approved by the dean to ensure
consistent and diligent hiring practices have been followed. The letter offering the position should indicate: (1) that the
offer is made on recommendation of the appropriate department faculty and with
the approval of the president and Regents, (2) the specific salary, (3) the
term of service and date of entry on duty, and (4) any special conditions of
employment applying to this appointment. In addition, in the case of joint
academic appointments, the letter of appointment will specify a single
tenure-granting department. The letter may also specify such other matters as
are desirable in order to define the primary elements of the contract of
employment. In the case of joint academic appointments, the letter of
appointment will specify a single tenure-granting department for the faculty
member to advance in rank. The department administrator of the tenure-granting
department will be responsible for coordinating the annual performance
evaluation and other performance reviews with the other department(s)
participating in the joint appointment. [rev. 7-97, 7-02, 1-08]
[Click
here
to take you to the Provost website and scroll down to the
Salary Agreement section.]
Back to Table of Contents
Forward to 3085
