Appointment, Employment and Evaluation

Appointment, Employment, and Evaluation

Faculty

Appointments

All appointments to the regular, library and affiliate faculty are made by the President after consultation with the Provost and either the Dean of Constantin College and the appointee's departmental Chair or the Dean of the College of Business or the Director of the Library, as appropriate. Appointments of adjunct faculty are made by the President or the President's designee.

Appointment of a priest or religious requires that the University receive written indication from the religious superior of the prospective faculty member that he or she may accept the appointment. This last provision is not an application of Canon Law 812.

In order to assist the Faculty Senate to fulfill its responsibilities under sections 4.1 and 4.2 of the faculty handbook, the President or the President's designee will provide the Senate with an annual report showing the numbers of regular, affiliate and adjunct faculty members currently appointed to positions in the University as a whole and in each of its constituent units (schools, programs, and departments). The report will indicate the number of years served by each affiliate and adjunct faculty member holding appointment. The report will also indicate any faculty who have moved from affiliate to regular status or vice versa.

Contracts

Contracts shall state whether the faculty member is on the tenure-track (regular) or non-tenure track teaching faculty, or is on the library faculty, and shall specify the time period of the contract.

Contracts for full-time faculty members are made annually and are issued by the President. Contracts for part-time faculty are made each semester and are issued by the President or the President's designee. Contracts for summer or interterm sessions are negotiated separately.

Unless otherwise indicated in writing by the President or the President's designee, both nine- and twelve-month contracts begin with the opening of fall semester, with the exact date specified in the contract.

For regular faculty, except for those under tenure review, annual contracts shall be issued by April 15, or at least one month before termination of the faculty member's current contract, whichever comes first, except as affected by 2.16 and 2.16.a. of the faculty handbook on notification. This provision also applies to affiliate faculty who have a continuing commitment from the University by contract.

Contracts for faculty under tenure review will be issued May 15. The signed contract must be returned to the President within one month of the date issued in order to be valid, unless the period is extended in writing by the President or the President's designee. Addenda to the contract are valid only when written and attached to the body of the contract.

A member of a religious order will sign a contract and/or have it signed by that person's religious superior according to the determinations made by the religious order to which the member belongs.

Compensation

Salaries of the teaching faculty at the University of Dallas are based on nine months service, unless otherwise stated in their contract. Salaries for the library faculty are for twelve months service, unless otherwise stated in their contract.

Continuing full-time faculty on nine-month contracts will receive normal benefits through the summer following their current contract. The University shall continue the normal health benefits for the three months following a regular faculty member's terminal contract. The faculty member may continue other benefits during that period at that faculty member's expense.

The University seeks to establish and maintain compensation levels for the several ranks for both teaching and library faculty which are in accordance with the generally accepted salary levels that are current for similar positions in similar universities.

TIAA-CREF
All members of the regular, affiliate and library faculty who have individual contracts with the University are eligible to participate in the official retirement plan which the University has in effect with the Teachers Insurance and Annuity Association and College Retirement Equities Fund. The aforementioned faculty must participate in these programs if they remain within the University after three full years of service. Under this plan, the University matches the employee's contribution and contributes an additional 2% up to a maximum contribution from the University which is annually determined by the Board of Trustees; the maximum University contribution set by the Board shall not be less than 5%. Upon filing the proper form with the Business Office, faculty members may, within legal limits, exclude these two contributions and any supplementary contributions of their own from income that is subject to federal taxation.

Annual Salary Review
Each full-time faculty member is required to write an annual report listing his accomplishments during the past year. For the teaching faculty the three areas of the report are teaching, intellectual achievement and growth, and service. The criteria are described in section

In the case of library faculty the three areas are performance of duties, service, and intellectualgrowth, as described in section 2.20 of the faculty handbook. The report is limited to three pages with no more than one page per area. The department head (chair of the department, program director, or in COB the dean) will provide to all teaching faculty by January 15 copies (or summaries, in the case of COB) of the available evaluations from the previous year. The annual report is to be submitted to the department head and is due on February 15.

The department head will meet, if requested, with individual faculty to discuss the appropriate parts of the departmental report.

The department head submits by March 1 to the Provost three items:

1. a report assessing the accomplishments of the faculty in the department, 
2. an evaluation of teaching effectiveness of each faculty member, and
3. the individual faculty annual reports.

The Provost will make salary recommendations to the President on the basis of an evaluation of the faculty in three areas specified in sections 2.12 (teaching faculty) or 2.20 (library faculty) of the faculty handbook.

The President will approve the final decisions on salaries, and contracts will be mailed to the faculty by April 15.

Concurrent with the mailing of contracts the Provost will announce to faculty the median percent increase in salaries in each of the ranks.

Appeal Process for Salaries
If a faculty member is dissatisfied with his contract offer he should request a meeting with the Provost to discuss the reasons for his salary decision. This request must be written and must be received by the Provost before the due date of the signed contract. This meeting should normally take place within three weeks of the Provost receiving the written request. After this meeting the Provost may or may not recommend to the President an adjustment to the contract offer. If the President accepts a recommendation on adjustment, the new contract will be mailed within two weeks of the meeting of the faculty member with the Provost.

In the event that the faculty member is still dissatisfied after meeting with the Provost, he may request from the Provost a written explanation of the salary decision. This request should be in writing and be received by the Provost by June 30. The Provost, in turn, will send a letter of explanation to the faculty member before July 31 and, when appropriate, will indicate deficiencies and specific suggestions for improvement.

Staff

The Employment Process

It is the University's goal to hire the best-qualified people through a fair, legal and effective employment process.

Faculty Searches 
Faculty Search Committees are responsible for establishing employment criteria and making recommendations to the Vice President for Academic Affairs. Active searches shall be reported to the Human Resources office for posting on the website. Department Chairs are asked to contact HR forguidelines on record keeping.

Staff Searches
The Office of Human Resources will manage all non-academic employment searches in accordance with the following guidelines.

Step One:  Employee Recruitment Request
A request form, listing the skills, education and experience required for the position as well as its classification and pay range, must be submitted to Human Resources to begin the process of hiring a staff member. An updated job description should be submitted with each request form. Approval is required by one of the following levels of authority: Vice President for Academic Affairs; Senior Vice President of Finance & Administration; Vice President and Dean of Student Services.

Step Two: Posting and Recruitment
Active recruitment for qualified individuals will include a combination of appropriate methods to find the best applicant. These methods include: internal posting – including website and job line, advertising in local newspapers, posting at other universities, trade schools, professional organizations, websites or other identified sources. The minimum internal posting period is three business days. The Human Resources Office will assign an appropriate closing date by which applicants are asked to apply to ensure consideration. Temporary positions do not require posting.

Step Three: Evaluation and Recommendation of Candidates
The Human Resources recruiting manager will review applications for minimum requirements and qualifications based on the submitted request form, recommend top candidates to the hiring supervisor, and arrange interviews.

Step Four: Offer of Employment
It is extremely important for department chairs or any other interviewers to refrain from making an offer of employment.  The Human Resources recruiting manager will make an offer of employment in writing upon recommendation of the hiring supervisor after a thorough reference check.

Offers of employment will be contingent on an acceptable investigation of criminal records, and when appropriate, credit and/or motor vehicle records.

Required payroll forms must be submitted to Human Resources in order for any new employee to begin receiving salary. The hiring supervisor must also obtain approval on an Employee Action Form (EAF) and return it to Human Resources as soon as possible. Staff EAF's are originated by HR and require supervisor, area head, and HR approval. Faculty EAF's are originated in the Office of the Vice President for Academic Affairs and are forwarded directly to HR.

Employment Status

Staff positions will be classified as full-time or part-time and either regular or temporary.

• Full-time, regular: 40 hour work week positions with budget approval on a non-temporary basis.
• Full-time, temporary: 40 hour per week positions with limited duration. Temporary status is normally defined as a non-budgeted position, usually less than one year in duration.
• Part-time, regular: Positions working less than 40 hours per week on a continuing budgeted basis.
• Part-time, temporary: Positions working less than 40 hours per week for a limited duration, non-budgeted positions.

Staff positions will be classified as either exempt or non-exempt.

• Exempt positions meet Department of Labor criteria and are paid a salary for performing a total job, not for hours worked. Exempt employees do not submit time sheets or leave forms for being away from work for less than one day. When leave is taken in full days, approved leave forms must be submitted to payroll in the month leave is taken.
• Non-exempt positions meet Department of Labor criteria and are paid for hours worked. Non-exempt staff members must maintain accurate daily records of hours worked and submit approved time sheets to payroll every two weeks. Non-exempt staff members will be paid at an overtime (1.5 X the normal hourly rate) rate for hours worked over 40 in each workweek. Approved leave forms must be submitted for all time away from work during regular work hours. Staff members should not work more than 40 hours in the workweek without specific approval by a designated supervisor.

Employment of Minors

In conformance with the Fair Labor Standards Act and the Texas Labor Code, the University of Dallas prohibits the employment of children under the age of 14. In cases where minors are hired, University employment and compensation policies will apply as well as all staff policies. In addition, minors will not be allowed to work:

• in hazardous conditions, including driving motor vehicles; operating heavy machinery; outside window washing and all work requiring the use of ladders, scaffolds or their substitutes.
• more than 8 hours in one day or more than 40 hours during a non-school week.
• more than 3 hours in a school day or more than 18 hours during a school week.
• before 7:00 a.m. or after 9:00 p.m.

Questions regarding the employment of minors or the conditions under which a minor may not work should be directed to the Human Resources Office.

Employment of Aliens

In conformance with the Immigration Reform and Control Act of 1986, the University of Dallas will hire only American Citizens and registered Aliens who are authorized to work in the United States.

Employment eligibility will be verified with the completion of the I-9 form. The Human Resources Office will verify the employment eligibility of all employees, including faculty, staff and student employees except those working as Graduate Assistants for the Graduate School of Management, in which case eligibility will be verified by the GSM Assistant Dean's Office. In some cases (i.e., employees at remote facilities), the Human Resources Office may appoint an employer representative to complete the I-9 form with the new employee.

Eligibility for employment will be verified within three days of the individual's first day of work. If eligibility cannot be verified within three business days, the individual will be required to stop working until proper documentation can be presented.

The I-9 forms are to be retained by the Human Resources Office on all current employees hired after November 6, 1986. The I-9 forms of terminated employees will remain on file for a minimum of one year after termination except in cases where the employee worked for less than three years. In these cases, the form will be kept a minimum of three years from the initial date of hire, including one year after termination.

Employment of Former Employees

Former employees are eligible for re-hire provided that satisfactory notice was given before leaving the University and the reason for separation was not unsatisfactory job performance or misconduct. Former employees re-hired will be considered new employees from the date of re-employment; however, vacation accrual will be based on total years of service.

Promotions and Transfers

University employees are invited to apply for posted job opportunities provided they meet the minimum qualifications of the position. Employees must meet all deadlines for application as posted. The Human Resources recruiting manager will evaluate the applications and recommend candidates for interview. If the internal applicant is determined to be the best-qualified candidate, the recruiting manager will confer with the staff member's current department manager and the hiring department manager to negotiate the employee's transition to the new position. Every effort will be made to accommodate the needs of both departments. Should the departments be unable to reach a compromise, the Director of Human Resources will decide the conditions of the transfer.

Regarding transfers, staff members may be transferred from one position in a department to another, in the same department, without posting the vacancy, as long as the new position is in the same classification and pay grade as the previous position. When the new position constitutes a promotion, the position must be open to both internal and external applicants. If the transfer is a demotion, no posting is required.

Verification of Employment and References

Requests for employment verification, salary history, employment references and personal information regarding current and former staff members should be directed to the Human Resources Office. The Human Resources Office will verify past or present employment, job title and dates of employment only. 

Only upon receipt of a signed release or waiver by the current or former employee will salary information, job performance, and address/telephone numbers be provided.

Job Descriptions

Job descriptions are essential to the successful recruitment of new employees and for the successful job performance and evaluation of current employees. For this reason, the Human Resources Office strives to maintain job descriptions for all budgeted, regular staff positions in the University. Supervisors should periodically review the job descriptions of their employees for accuracy of job duties, requirements and skills. Should a position be redesigned or altered significantly, a new job description should be completed. The Human Resources Director will review the description and determine whether or not the position should be reclassified.

Performance Evaluations

Job performance of University staff members will be formally evaluated on an annual basis in order to recognize achievements of employees, set performance goals and identify areas where job performance is in need of improvement. Supervisors will use the evaluation process to identify training needs and to justify salary increases, transfers, promotions or disciplinary actions.

Employees will be evaluated on their job knowledge, communication skills, decision-making skills, initiative, workplace behavior/conduct, quality and quantity of work, attendance, achievement of goals and other criteria specific to their job.

Supervisors will evaluate the staff members who directly report to them, using forms provided by the Human Resources Office. Prior to meeting with the employee being evaluated, supervisors will review the evaluation with their immediate supervisor. If the employee disagrees with any part of the evaluation, he/she may respond in the comment section of the form. Staff members must sign the evaluation. Signing the evaluation does not necessarily indicate concurrence with the evaluation.

Supervisors will provide the staff member with a copy of the evaluation, keep a copy for their records, and forward the original evaluation to the Human Resources Office for placement in the employee's file.

Performance evaluations may be conducted more frequently than once a year if the supervisor deems necessary. Reasons for a performance review outside the annual review include: evaluation of a new employee's progress, evaluation following a promotion, or to notify the employee that their job performance requires immediate redirection or improvement.

Salary Administration

Each position is evaluated based on job description, market surveys, and its fit into the University's structure. Once a position is evaluated, it is assigned to the corresponding pay grade. All pay grades have a minimum, midpoint and maximum salary. Generally speaking, employees who are new to a position or learning new job responsibilities will be paid at the minimum salary of the range. As they progress in their job performance, employees may be given salary increases until they reach the midpoint of their pay range. The midpoint is considered the appropriate salary/earnings for the employee who is capably performing all aspects of his/her job. Employees who regularly exceed the requirements of their job or are highly skilled in their areas of expertise should be paid above the midpoint. Exceeding the maximum of the pay range is generally not permitted. Unusual market conditions may require exceeding the maximum and must be approved by the Director of Human Resources and Senior Vice President for Finance and Administration or University President.

All salary increases are dependent on University revenues, employee job performance and budget parameters. Salary increases are generally awarded at the beginning of each academic year. Salary increases at other times must be requested by an Area Head, verified by the Finance Director and approved by the Director of Human Resources.

Employee Conduct, Discipline, and Grievance

As a private, independent, Catholic institution of higher education, the University of Dallas requires all employees to conduct themselves both personally and professionally in a manner that is compatible with its mission and purpose. Staff members should keep in mind that parents have entrusted the education experience of their children to our community and adult students have selected our programs above several others based upon the ideals and standards articulated in the mission statement. It is therefore, the obligation of each staff member to prove themselves worthy of this trust by following University policies, by being courteous and professional in our conduct with students, coworkers, and the public and by following directions and honoring requests of supervisors.

Employees who violate University policy or exhibit conduct that is damaging to the University are subject to disciplinary action. Disciplinary action includes reprimand, leave without pay/suspension, demotion and termination.

The following are some examples of behaviors that will result in disciplinary actions, up to and including termination. An employee may be terminated immediately, without disciplinary warnings, in some cases. This list should not be viewed as all-inclusive:

• Committing a criminal act.
• Selling, dispensing or using illegal drugs (please see the Drug-Free Workplace policy).
• Reporting to work under the influence of alcohol.
• Possessing guns or other weapons of any kind on campus.
• Theft of property or money, misappropriation of funds, falsification of records, dishonesty, unauthorized use of equipment and other types of illegal actions.
• Willful destruction or abuse of University property.
• Refusing to follow instructions of a supervisor, refusing to follow University policies and public disrespect for the University.
• Conducting personal business at work.
• Unsatisfactory attendance including: unauthorized or undocumented absences, chronic lateness to work, job abandonment (not showing up or calling in to work for three days), or chronic absences not covered by leave policies. Leaving the workplace without authorization is included as well.

• Physical or verbal assaults and aggressive behavior toward coworkers, students, supervisors, or guests.

• Refusing to work assigned shift or overtime.

It is the responsibility of each employee to alert management if misconduct, illegal or unethical behavior is witnessed. When a staff member is determined to have violated work rules or standards of conduct, supervisors will evaluate the seriousness of the offense, the staff member's work history and any other relevant circumstances and impose appropriate discipline. Supervisors are strongly encouraged to utilize a progressive warning system that allows employees to receive written warnings to improve performance. Warning forms are available in the Human Resources Office. Supervisors are encouraged to consult with department managers before enforcing a disciplinary action that will adversely impact the employee's wages. All staff terminations must be reviewed by the Human Resources Director prior to action. All disciplinary actions should be documented and placed in the employee's official employment file.

In any work situation some complaints and grievances are inevitable. The University believes it is in the best interest of the employee that these problems be directed to the immediate supervisor and settled at this level. However, if a resolution cannot be made to the satisfaction of the employee, the University provides the option for an employee to file a formal grievance, without the employee suffering reprisal or censure.

A grievance is defined as a work-related problem or conditions which an employee believes to be unfair, inequitable, discriminatory, or a hindrance to his or her effective performance. This grievance policy applies only to full-time or part-time regular staff members. It does not apply to temporary employees, students or faculty.

To promote good employee relations and to assure that employees who feel they have been inappropriately treated are given an opportunity for their complaints to be reviewed, the University has established the following grievance procedure.

• Employees should discuss the problem with their supervisor and give the supervisor an opportunity to correct the situation or provide an answer to explain the matter. If the employee has met with the supervisor to discuss the problem or complaint and feels the situation is still unresolved, then he/she may file a formal grievance. The formal grievance must be filed within sixty days of the action that is the subject of the grievance.
• The formal Grievance process is a sequence of events initiated by the employee with time tables as follows:
• The employee must complete a Grievance Form (available in the Human Resources office), and submit it to the Director of Human Resources. The request must explain in detail the pertinent facts relevant to the problem, describe corrective action that has taken place, and the reason for requesting a formal review. The HR Director will investigate the complaint and make a decision as to an appropriate remedy or resolution.
• The employee will be informed of the decision within ten working days.
• If the grievant is not satisfied that the complaint has been appropriately resolved by the HR Director, the grievant may request that the Human Resources Department have the grievance reviewed by the Senior Vice President for Finance and Administration. This request must be made within 10 days of receipt of the HR Director's decision. The Senior Vice President for Finance and Administration will review the documentation and, within thirty days of the review, submit his findings and conclusions to the grievant. The decision of the Senior Vice President for Finance and Administration is final and binding on all parties.
• Those employees who report directly to the Senior Vice President for Finance and Administration may request the President review their grievance. In those cases, the President will review the documentation and, within thirty days of the review, submit his findings and conclusions to the grievant. The President's decision will be final and binding on all parties.

When the settlement of a complaint fails at the informal step, the aggrieved employee must present his or her case in writing. All events and circumstances which will permit a full evaluation of the grievance must be described so that the issues will be understood clearly at the early stages of the Grievance Procedure. Adherence to the time limits specified in each step is a requirement. In addition, the employee must follow the established procedure in a step-by-step approach to seek satisfaction. Grievance decisions made in accordance with this procedure are binding on the employee and the University.

Ending Employment

The University of Dallas is an at-will employer and retains the right to end the employment relationship at any time, for any reason, with or without cause or notice just as employees have the right to end their employment with the University at any time, for any reason, with or without notice to the University. No supervisor, manager or representative of the University, other than the President, has the authority to enter into any agreement for employment for any specified period of time or make any promise or commitment contrary to the forgoing. Any employment agreement entered into by the President shall not be deemed enforceable unless in writing.

Within the parameters of the forgoing statement, the involuntary termination of employment of staff members is generally the result of the department reorganization, budget cuts, poor job performance, and violation of University policy, misconduct or behavior that is incompatible with the mission of the University. In cases of misconduct, violation of policy, or poor job performance, supervisors will investigate the circumstances and legitimacy of the offense to determine appropriate disciplinary action. If separation from employment is determined the appropriate action, the supervisor will document the reason for termination and consult with their supervisor and the Director of Human Resources before any staff termination. The supervisor will meet with the employee when/if possible and appropriate, informing him/her of the action and reason for termination. A written summary of the reason for termination and effective date should be given to the employee being released. In cases where it is not practical to meet with the employee, a notification letter should be mailed to the employee's home.

Staff members released from employment as part of a department reorganization or budget reduction should be given as much notice as is reasonable and/or paid for at least two weeks in lieu of notice.

Staff members will be paid for accrued but unused vacation in their final paycheck. Employees must return all University equipment, clothing, keys, ID card, and other University property upon separation.

Employees terminated for reasons other than misconduct and who have been covered under the University's health, life, long term disability, (LTD), and dental programs, may convert to an individual policy or continue coverage under COBRA. Employees electing coverage under COBRA will pay the full group premium. Please refer to the benefits policy 4.2 of the employee handbook or contact the Human Resources Office for more information on COBRA.

Employment Files

Official employment records for all faculty and staff are maintained in the Human Resources Office. The exception applies to faculty whose evaluations, tenure review and disciplinary actions are maintained in the office of the Vice President for Academic Affairs.

Employment files may contain the application, resume, personal data, salary history, disciplinary action documentation, performance appraisals and any other items relevant to employment. A separate file contains medical, insurance, retirement and leave information. The Human Resources Director or representative will determine the appropriateness of documents for inclusion in the Employment file.

Currently employed staff members may review the content of their file in the Human Resources Office, with a Human Resources staff member present. Employees may not add or remove any items during this review. If an employee disputes the accuracy of any information, he or she may direct a request to the Human Resources Director for reevaluation of content. The Human Resources Director will consider the information and notify the employee of the determination.