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Policies regarding Instructional Faculty

Policy Number Policy name Content
2104 Part-time and Adjunct Faculty

1. PURPOSE

This policy is designed to provide for the appointment and employment of adjunct and part-time faculty members. The university recognizes the contribution made to the successful accomplishment of the mission of the institution by the dedicated group of faculty members who teach and/or provide services on a part-time or adjunct basis.

2. AUTHORITY

The Board of Visitors is authorized to enact personnel policies for all employees of the university. Where the board has not exercised this authority, it is delegated to the president.

3. DEFINITIONS

Adjunct
An adjunct is a specific type of part-time faculty member. There are two types of adjuncts at JMU:

  1. The title given to a person who teaches at the university on a limited, special or provisional basis, but in the role of an adjunct, is not required to perform other regular duties of a faculty member (i.e., scholarly activity or service). Adjunct faculty members are qualified individuals hired for limited or special teaching assignments, such as teaching particular courses or sections. In their adjunct role, they have no duties other than teaching.
    1. The honorary title granted in limited other circumstances by the Provost and Senior Vice President for Academic Affairs (provost) to an individual who is not employed by the university.

Electronic Transcript
An official transcript either sent electronically via email or via a hyperlink from which a transcript can be printed from an institution participating in the eScrip-Safe (or other approved third party vendor) electronic transcript network.

Part-time faculty
Any faculty member who is employed on a temporary basis for less than a full academic year, or who is employed for an academic or calendar year at less than a full work load. Part-time faculty members are qualified individuals hired for limited faculty duties, or for temporary teaching, service and scholarly assignments. They may be recognized as part-time members of the instructional faculty with a role in the academic or administrative unit, and they may be assigned teaching, scholarly and/or service duties, as individually negotiated. Part-time faculty members who are assigned only teaching duties are adjunct faculty members.

4. APPLICABILITY

This policy applies to all part-time and adjunct faculty members at the university.

5. POLICY

5.1 The provost may grant honorary adjunct status to an individual in appropriate circumstances without using the procedures outlined in this policy for service to the university in a significant capacity without compensation, or for other appropriate reasons.

5.2 All part-time faculty member appointments, including adjunct appointments, are at will, with no legitimate expectation of continued employment. Failure to re-hire is not an appealable action under the terms of the JMU Faculty Handbook.

5.3 There is no limit to the number of successive appointments that may be given to a part-time or adjunct faculty member. A part-time or adjunct faculty member may be hired each semester for as long as needed by the academic unit. Service in an adjunct or part-time position does not constitute a guarantee of future employment at the university.

5.4 With the written prior permission of the employee's home unit, a current employee of the university may be hired into an adjunct role in an academic unit. If the employee is a full-time non-exempt classified employee of the university, the academic unit will be responsible for paying the employee at least the equivalent of his or her hourly wages on an overtime basis for his or her adjunct duties.

5.5 Part-time and adjunct faculty member are not eligible for tenure, tenure-track appointments or renewable term appointments. Time spent in an adjunct or part-time appointment will not be counted toward the award of tenure, and adjunct and part-time faculty members may not apply for tenure or promotion.

5.6 A part-time or adjunct faculty member may be terminated during the term of an appointment for any reason upon written notice from the AUH or supervisor. Part-time and adjunct faculty members do not have any appeal rights for the termination of an appointment before its expiration.

5.7 The Faculty Handbook and all other policies relating to faculty members generally apply to adjunct and part-time faculty members. Adjunct and part-time faculty members are bound by the same responsibilities as full-time faculty members, including academic responsibility, professional ethics, academic honesty and integrity, and the responsibility to abide by all university rules and policies. They also enjoy some of the same privileges, including equal opportunity and privacy protection.

5.8 The procedures in this policy must be followed in the hiring, assigning and separation of adjunct and part-time faculty members.

6. PROCEDURES

6.1 Eligibility

The conditions for appointment as an adjunct or part-time faculty member at the university are as follows:

a. The individual has academic or other qualifications which could qualify the individual for appointment as a full- or part-time faculty member at the rank of Instructor or higher, or
b. The individual brings a special expertise or honor to a program or academic unit, but does not have the traditional academic qualifications to teach at the university.

6.2 Rank
The rank of Professor, Associate Professor, Assistant Professor, Lecturer or Instructor will be given to the part-time or adjunct faculty member commensurate with the academic qualifications and professional experience of the individual and must be specified in the appointment letter.

6.3 Duration of appointment
Adjunct and part-time appointments are generally limited to a single semester. Adjunct or part-time status and employment by the university may be removed at the discretion of the university at any time upon written notice from the AUH or supervisor.

6.4
Procedures for appointment

6.4.1 Proposals

Proposals for appointments of adjunct and part-time faculty members are made by the appropriate AUH or supervisor to the dean of the college or appropriate vice provost. If the dean or vice provost approves the appointment, it is sent forward to the provost. The dean's decision on adjunct and part-time employment is subject to final approval by the provost.

6.4.2 Offer and Appointment
Once the candidate has been identified the AUH, supervisor or other authorized official will contact the candidate to make the offer of employment. The offer is followed up with a letter that includes a description of the teaching or other assignments, faculty rank and compensation. The letter also includes a statement that the university reserves the right to cancel an assigned course on or before the first day the course is scheduled to meet. The letter states that adjunct or part-time employment does not carry with it a guarantee of or a priority for future employment at JMU. The potential adjunct or part-time faculty member formalizes the letter by signing and returning it to accept the appointment. A Personnel Action Request (PAR) form must be completed by the hiring department and processed in accordance with the hiring procedures of the university.

6.4.3 Onboard Process, Official Transcripts & Other Hiring Documentation

At the time of the offer, the university official will inform the successful candidate that the offer is contingent upon the candidate providing appropriate documentation such as an official transcript, identification and eligibility to work for the university. Until all information is received by the university, the offer may be withdrawn by the university.

For all Adjunct Faculty who will be teaching a for-credit course documentation includes but is not limited to:

  1. The official transcript of the highest degree attained. If that degree is not directly related to the teaching assignment, an official transcript of the degree that is relevant to the teaching assignment must also be submitted. When the degree(s) represented by the official transcript(s) is/are not directly related to the employee's teaching assignment, the hiring department must also submit written justification for the hiring. A Hiring Justification Form is available for this purpose. This justification will describe the employee's qualifications for the particular teaching assignment in the absence of a terminal degree in a related subject.
  2. JMU is a participating member of the eScrip-Safe electronic transcript network. Candidates who wish to submit their transcripts electronically may do so by having them sent to: humanresources@jmu.edu. Candidates who possess degrees from foreign institutions must provide a written equivalency report prepared by a university-approved provider to meet documentation requirements.
  3. The hiring authority must submit the Onboard Form to the Human Resources Service Center. The selected candidate will be required to complete the Onboard process prior to the hire date.

6.5 Pay status
Adjunct and part-time faculty members are generally paid by the class or on a salaried basis. If a full-time non-exempt classified employee is hired as an adjunct for an academic unit, the employee must be paid at least the equivalent of the hourly wage on an overtime basis. The method and rate of pay must be specified in the appointment letter, and must follow university guidelines.

6.6 Assignments and responsibilities
The teaching responsibilities of an adjunct faculty member, and the teaching, service and scholarly activities of a part-time faculty member, are assigned by the AUH or other academic administrator and must be specified in writing in the appointment letter. Only teaching responsibilities are to be assigned to an adjunct faculty member.

6.7 Privileges
Privileges of part-time and adjunct faculty members include:

  • Listing in the Undergraduate Catalog and the Graduate Catalog, as appropriate.
  • Assignment of a JAC card, use of the library and other university facilities (other than computer resources, use of which is limited and will require special permission) upon the same basis as that enjoyed by full-time faculty members.
  • Participation in scheduled university activities, events and meetings upon the same basis as full time faculty members.
  • Eligibility to purchase parking passes.

Adjunct and part-time faculty members (except for full-time employees hired on an adjunct basis in an academic unit other than his or her home unit) are not eligible for regular employment benefits granted to full-time faculty members other than those listed here.

7. RESPONSIBILITIES

The academic unit heads are responsible for recommending appropriate individuals for part-time or adjunct employment, assigning duties and filling out the proper paperwork to appoint a part-time or adjunct faculty member, including the letter of appointment and PAR form.

The potential part-time or adjunct faculty member is responsible for returning the signed offer letter and completing the HR Onboard process before employment begins.

The deans are responsible for reviewing and approving the appointment of part-time and adjunct faculty members, and of sending notification to the provost on any part-time and adjunct appointments to their colleges.

The provost is responsible for final approval of part-time and adjunct status to appropriate individuals. The provost will send a letter to honorary adjunct faculty members.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

This policy does not apply to part-time staff members or wage employees.

10. INTERPRETATION

The authority to interpret this policy rests with the president, and is generally delegated to the provost and senior vice president for Academic Affairs.

Previous Version: October, 2008
Approved by the President: January, 2012

Index Terms
Adjunct faculty
Part-time faculty

1304 Outside Employment of Faculty

1. PURPOSE

This policy provides guidelines for the reporting and monitoring of employment outside of the university by faculty members.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

3. DEFINITIONS

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

Conflict of Commitment
Conflicts of commitment are generally situations in which a faculty member is dedicating so much time or focus to outside employment activities that they detract from his or her primary responsibility to the institution, regardless of the level of financial or economic consideration, if they cause a lack of commitment of time and effort to the institution.

De Minimus Compensation
For the purposes of this policy, payments for work given to or earned by a faculty member for services performed outside of the university in an amount totaling no more than $10,000.00 annually.

Faculty member
Unless otherwise specified, the term "faculty member" refers to both members of the instructional faculty as well as administrative and professional faculty.

Instructional faculty
The members of the faculty who have responsibilities that include teaching, research and service as the majority of their duties.

Outside employment
Work performed by a faculty member outside of any relationship with the university. Work of this nature includes employment by any other entity, as well as all self-employment and self-initiated professional services such as consulting, workshops, seminars, conferences, institutes, or short courses accomplished for any source other than the university, if such employment or services are compensated by a funding source other than the university.

4. APPLICABILITY

This policy applies to all full-time instructional faculty members and A&P faculty members at the university during the term of their employment with the university. The employee/employer relationship between a full time faculty member and the university is continuous even in periods where no duties are assigned (e.g., during the summer for faculty members on continuing academic year appointments, or during leave), and this policy applies during those periods. This policy applies to all employment or work outside of the university for remuneration of any sort.

5. POLICY

5.1 No full-time faculty member may engage in any outside employment, nor in any private business or profession, in a manner or to an extent that affects or is deemed likely to affect his or her usefulness as an employee of the university.

5.2 No faculty member may engage in outside employment if it violates the Virginia Conflict of Interests Act. See Policy 1106, Conflict of Interests.

5.3 No full-time faculty member may engage in part-time or full-time teaching for another institution during employment by the university without prior approval of the appropriate senior vice president, except as provided in section 9.

5.4 No faculty member may engage in employment with another state agency without prior approval of the appropriate supervisor.

5.5 Faculty members must report all outside employment to the university in order for the university to evaluate any potential for such interference and to monitor the potential for interference during the course of the outside employment. This reporting requirement does not apply to de minimus payments as defined herein; however, the prohibitions against conflicts of interest and commitment, and the prohibition against interference with work commitments to the university still apply, and prior approval must still be obtained for any work for another state agency or outside teaching, except as provided in section 9.

6. PROCEDURES

The following establishes university standards and guidelines for reporting outside employment.

6.1 The primary obligation of full-time faculty members is to fulfill the duties of their contracted positions with the university. Outside employment should in no way interfere with this responsibility. If it is determined that outside employment interferes with full-time contracted responsibilities, the faculty member will be notified. A faculty member who is notified that his or her outside employment constitutes a conflict or interferes with university responsibilities will be required to cease such outside employment or be terminated from employment at the university.

6.2 Faculty members engaged in outside employment represent only themselves and not the university. This fact must be made known to outside employers and others as appropriate.

6.3 Faculty members engaged in outside employment are not allowed to use university equipment, supplies, services, manpower or facilities for such outside employment without prior approval and the payment of required fees and charges as determined appropriate by the Assistant Vice President for Finance.

6.4 Any faculty member who accepts a tenured position with another institution concurrent with employment at the university will be considered to have resigned his or her position with the university, and such resignation will be considered effective immediately, regardless of the duration of the employee's current contract term. Acceptance of tenure at another institution which will not take effect until after completion of the faculty member's university employment is not covered by this provision.

6.5 Approval and Conflict of Interest
Other than outside teaching and work for other state agencies, no formal, written or verbal request for approval is required for a faculty member to engage in outside employment. However, faculty members engaging in outside employment must notify their vice president through reporting channels in writing of any outside employment relationship. This notice should state the faculty member's name and current position; the name and address of the other employer; the position and description of duties for the other employer; and the estimated duration of the outside employment. An estimate of the annual earnings from all outside employment must be provided by each faculty member to his or her supervisor annually if the compensation is not de minimus as defined herein.

6.6 Employees contracting with another state agency must abide by section 2.2-3100 of the Virginia Conflict of Interests Act. This section requires an employee to give written notice in advance to both the current agency and the proposed contracting agency, of the employee's material financial interest.

6.7 Full time faculty members who engage in teaching outside of the university must give written notice in advance to their supervisors, and obtain prior approval up to and including the appropriate Vice President for such outside teaching, except as provided in section 9.

7. RESPONSIBILITIES

Faculty members are responsible for informing their supervisors of all outside employment. Faculty members are responsible for obtaining prior approval for any work for any other state agency, and for any outside teaching except as provided in section 9.

Department heads, directors, deans and vice presidents are responsible for monitoring the potential for interference and conflicts between a faculty member's reported outside employment and his or her primary duties at the university.

The Assistant Vice President for Finance is responsible for determining all fees and charges for invoicing a faculty member engaged in outside employment for the use of any university equipment, supplies, services, manpower or facilities.

Each vice president is responsible for approving any outside teaching by a full time faculty member in his or her division, except as provided in section 9.

The president is responsible for approving work for any other state agency by a faculty member.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

Participation in paid military reserve drills and other military activities are not to be construed to be outside employment under this policy.

Full-time faculty members on academic year appointments are not required to obtain prior approval to teach at another institution during the summer months, unless they are given appointments to provide services to the university during the summer.

This policy does not apply to work for which no compensation or other remuneration is received, unless such work interferes with the responsibilities of the faculty member to the university. It does not apply to investment income or ownership in a venture in which the faculty member performs no work.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Vice President for Academic Affairs.

Previous version: September, 2012
Approved by the President: September, 2012

Index of Terms

Outside employment
Extra employment
Consulting
Teaching at other institutions

1338 Faculty Leave

1. PURPOSE

This policy provides a uniform method for faculty members to take leave from work.

2. AUTHORITY

The JMU Board of Visitors is responsible for policies related to the employment of JMU faculty members. The board designates the president with the responsibility for the day-to-day management of those policies and, therefore, the establishment of a leave policy for faculty members.

3. DEFINITIONS

Administrative Leave:
Leave granted to serve on a jury or appear in court as a witness under subpoena, for testing or interviewing for other positions, or for other reasons approved in advance by the faculty member's supervisor.

Annual Leave:
Typically referred to as "vacation." This does not include such special provisions as educational leave or administrative leave.

Compensatory Leave:
Leave granted to a faculty member who is required to work on a scheduled holiday or inclement weather day.

Disability Leave:
Leave granted to an employee who has a qualified, documented disability as an accommodation under the ADAAA (Americans with Disabilities Act Amendments Act) to ensure equal access and equal opportunities with regard to university employment.

Educational Leave:
Leave granted to a faculty member to pursue full-time independent study, graduate/post-graduate study, research or creative activities that will enhance their teaching abilities, professional growth and intellectual renewal.

Emergency/Disaster Leave:
Leave granted to employees who are called away from their regular jobs to provide specific kinds of emergency services during defined times of state and/or national disaster.

Family and Medical Leave:
Leave granted following

  • the birth of a child or the placement of a child with the employee for adoption or foster care,
  • because the employee is needed to care for a family member (child, spouse, or parent) with a serious health condition,
  • because the employee's own serious health condition makes him or her unable to do his or her job
  • because of any qualifying exigency (as defined the Department of Labor) arising out of the fact that a spouse, child or parent of the employee is called to active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation; or up to 26 weeks of leave to care for a spouse, child, parent or nearest blood relative with an illness or injury incurred in the line of duty while in the Armed Forces,.

Leave Through Peer Coverage:
The allowance for a faculty member to be absent from work and be paid during the absence, with the stipulation that his or her critical assignments and work will be completed by other employees.

Military Leave:
Leave granted for federally funded military duty.

Political Activity Leave:
Unpaid leave granted to serve on an election campaign or to serve a term of office.

Sick Leave:
Leave taken when the faculty member is unavailable to work due to illness.

Workers Compensation Leave:
Leave granted to an employee for a certified job-related illness or injury.

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent (50%) of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, dean, assistant or associate vice president or dean, assistant or associate vice provost. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy, and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

Faculty:
References to "all faculty members" or simply "faculty" in this policy refer to:

  • All full-time instructional faculty, both those on 12-month and 10-month contracts
  • All full-time administrative & professional faculty members

Instructional Faculty:
The members of the faculty who have responsibilities that include teaching, research and service as the majority of their duties.

12-month Instructional Faculty:
Instructional faculty members who are not employed on the standard academic year faculty contract but instead are contracted on a12-month basis.

10-month Instructional Faculty:
Instructional faculty who are employed on the standard academic year instructional faculty contract.

4. APPLICABILITY

This policy applies to all faculty members as well as those who supervise them.

5. POLICY

Classification

Sick Leave

Annual Leave

10-month faculty enrolled in VSDP

VSDP

None

12-month faculty enrolled in VSDP

VSDP

Peer coverage

10-month faculty not enrolled in VSDP

Peer Coverage

None

12-month faculty not enrolled in VSDP

Peer Coverage

Peer Coverage

A&P Faculty enrolled in VSDP

VSDP

20 days annually

A&P Faculty not enrolled in VSDP

Peer Coverage

20 days annually

Less-than-12-month A&P Faculty

Peer Coverage

Pro-rated amount

5.1 Supervisor Approval
All leave, paid or unpaid, must be approved in advance (unless an emergency makes an advance request for leave impossible) by the supervisor.

5.2 Compensation for Unused Leave
There is never payment for unused sick leave or annual leave for faculty members.

5.3 Sick Leave for All Faculty Members Not Enrolled in the Virginia Retirement System and the Virginia Sickness and Disability Program (VSDP)
Faculty members not enrolled in the VSDP will only be eligible for paid leave for qualifying illness through the peer coverage process and any limitations on sick leave granted will be related to the availability of peer coverage and the supervisor's approval of the duration.

5.4 Sick Leave for All Faculty Members Enrolled in the Virginia Retirement System and the Virginia Sickness and Disability Program
Faculty members who enroll in the Virginia Retirement System and the Virginia Sickness and Disability Program will have sick leave and disability-related benefits as provided by the VSDP and are not eligible for peer coverage provisions. Faculty members may choose either VSDP or peer coverage, but not both. Specifics of the VSDP program are available on-line.

5.5 Annual Leave for Administrative & Professional Faculty Members
Full-time administrative and professional faculty members may receive approval to use 20 paid workdays for annual leave each fiscal year. Administrative and professional faculty members with contracts of less than 12 months receive a prorated amount (1.67 days per month) of annual leave. Administrative and professional faculty member may not carry leave over from one fiscal year to the next. The prorated amount may apply to appointments for less than 12 months as well as those hired during the academic year.

5.6 Annual Leave for 12-month Instructional Faculty Members
All 12-month Instructional Faculty members may receive paid leave, whether annual, educational leave, etc., through the approval of their supervisor and the peer coverage process. (For more details on leave provisions for instructional faculty, such as educational leave, please see the University Faculty Handbook).

5.7 Annual Leave for less-than-12-month Instructional Faculty Members
Less-than-12-month Instructional Faculty members are not eligible to receive paid annual leave.

5.8 Family and Medical Leave
Faculty members may be eligible for up to 12 weeks of paid or unpaid family/medical leave

  • following the birth of a child
  • the placement of a child with the employee for adoption or foster care
  • because the employee is needed to care for a family member (child, spouse, or parent) with a serious health condition
  • because the employee's own serious health condition makes him or her unable to do his or her job,
  • because of any qualifying exigency (as defined the Department of Labor) arising out of the fact that a spouse, child or parent of the employee is called to active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation.

Faculty members may be eligible for up to 26 weeks of leave to care for a spouse, child, parent or being the nearest blood relative to the injured service member with an illness or injury incurred in the line of duty while in the Armed Forces.

Departments are responsible for notifying Human Resources for any faculty member's approved FMLA qualifying leave. For details, see Policy 1308, Family and Medical Leave.

5.9 Disability Leave
Faculty members who have a qualifying, documented disability may be eligible for paid or unpaid leave as an accommodation to ensure equal access and equal opportunities with regard to the university employment. For details, see Policy 1331, Disabilities and Reasonable Accommodations.

5.10 Educational Leave
Paid Educational Leave is granted to approximately 20 faculty members each year. Grants of education leave provide opportunities for faculty members to pursue full-time independent study, graduate/post-graduate study, research or creative activities that will enhance their teaching abilities, professional growth and intellectual renewal. For details, see Faculty Handbook, Section III.J.1.a.(1).

5.11 Emergency/Disaster Leave
Faculty members may qualify for paid leave if they are employees who are called away from their regular jobs to provide specific kinds of emergency services during defined times of state and/or national disaster. For details, see Policy 1113, Emergency/Disaster Leave.

5.12 Compensatory Leave
Faculty members are considered exempt from the overtime provisions of the federal Fair Labor Standards Act, and are not eligible for compensatory leave, except for hours worked on a scheduled holiday or inclement weather day. For details, see Policy 1303, Provisions for Granting Overtime & Compensatory Leave.

5.13 Workers Compensation Leave
Faculty members may be eligible for Workers compensation leave if they suffer a work-related illness or injury. For details, see Policy 1312, Workers Compensation/Return to Work.

5.14 Administrative Leave
Faculty members may be eligible for administrative leave to serve on a jury or appear in court as a witness under subpoena, for testing or interviewing for other positions, or for other reasons approved in advance by the faculty member's supervisor. Such leave may be paid or unpaid, depending on the circumstances. For details, see Faculty Handbook, Section III.J.1.a.(2).

5.15 Military Duty Leave
Faculty members may be eligible for military duty leave for federally funded military duty. For details, see Faculty Handbook, Section III.J.1.a.(5).

5.16 Political Activity Leave
Faculty members may be eligible for unpaid leave for political activity, on an individually negotiated basis. For details, see Faculty Handbook, Section III.J.1.b.(1).

5.17 Personal Leave
A faculty member may be granted a leave with or without pay with the approval of the department head, dean, AVP, vice provost and provost & senior vice president for academic affairs for personal reasons. For details, see Faculty Handbook, Section III.J.1.b.(3).

6. PROCEDURES

6.1 Leave Tracking
All faculty members enrolled in both the VRS and VSDP must track any sick leave used through a tracking report, which must be signed by the supervisor and submitted annually to Human Resources.

6.2 Requests for Leave
A faculty member who is requesting leave must make the request in a timely manner to allow the faculty member's supervisor an opportunity to arrange for coverage of the faculty member's duties and obligations during the term of the leave. If an emergency prohibits a timely request, the supervisor must be notified as soon as possible of the request for leave.

The supervisor must notify Human Resources of the faculty member's request for use of family and medical leave. Human Resources will determine whether the faculty member meets the eligibility criteria. The supervisor must notify the faculty member in a timely manner if the request is being granted.

If the faculty member is not eligible for the leave requested or if the leave is not approved, the supervisor will notify the faculty member as soon as possible. Any absence of the faculty member from regular duties that is not pursuant to approved leave may be considered a disciplinary matter.

7. RESPONSIBILITIES

Supervisors are responsible for approving and overseeing their employee's use of leave under the provisions of this policy. They are also responsible for ensuring that the leave report is appropriately signed and submitted to Human Resources by the end of each month in which the faculty member enrolled in VSDP uses sick leave.

Faculty members are responsible for complying with this policy; including reporting and tracking leave as described in this policy. They are also responsible for requesting leave in a timely manner, unless an emergency makes a timely request impossible.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

10-month faculty members, part-time faculty members and adjunct faculty members are not eligible for paid annual leave.

This policy does not apply to part-time faculty, adjunct faculty, graduate assistants, classified employees or wage employees.

Faculty members enrolled in the Virginia Retirement System and the Virginia Sickness and Disability Program before August 1, 2002 will be allowed to continue in the sick-leave-through-peer-coverage program. All other faculty members who enroll in the Virginia Retirement System must choose between either sick-leave-through-peer-coverage or the Virginia Sickness and Disability Program.

10. INTERPRETATION

The interpretation of this policy is the responsibility of the president and is normally delegated to the Director of Human Resources.

Previous Version: August, 2009
Approved by the President: July, 2001

Index Terms
Administrative Leave
Administrative and Professional Faculty Leave
A&P Faculty Leave
Annual Leave
Compensatory Leave
Disability Leave
Educational Leave
Emergency/Disaster Leave
Faculty Leave
Faculty Sick Leave
Family and Medical Leave
Instructional Faculty Leave
Leave
Military Leave
Political Activity Leave
Sick Leave
T&R Faculty Leave
Workers Compensation Leave

2105 Emeritus Faculty

1. PURPOSE

James Madison University recognizes the important contributions to the institution that have been made by those faculty members who rendered many years of dedicated service before retirement. This policy is designed to provide procedures for the appointment of emeritus status for faculty members at the university.

2. AUTHORITY

The Board of Visitors has the authority to enact personnel policies for all employees of the university. Where it has not exercised that authority, it is delegated to the president.

3. DEFINITIONS

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

Faculty
For the purposes of this policy, a person who is categorized either as instructional faculty or administrative & professional faculty.

Instructional Faculty
The members of the faculty who have responsibilities that include teaching, research and service as the majority of their duties. Sometimes referred to as"T&R Faculty".

4. APPLICABILITY

This policy applies to all emeritus faculty appointments, to include instructional faculty as well as administrative and professional faculty.

5. POLICY

In appropriate cases, retired faculty members may be recognized by the award of emeritus faculty rank.

6. PROCEDURES

6.1 Eligibility for Instructional Faculty
A retired instructional faculty member is eligible for emeritus status if the individual has served full-time for a minimum of 10 years on the James Madison University faculty, has attained the academic rank of Lecturer, Assistant Professor, Associate Professor, or Professor, and has retired in good standing.

Emeritus rank is a privilege and not a right of any retired faculty member.

6.2 Eligibility for Administrative & Professional Faculty
A retired administrative and professional faculty member is eligible for emeritus status if the individual has served full-time for a minimum of 10 years at James Madison University and has retired in good standing.

Emeritus rank is a privilege and not a right of any retired faculty member.

6.3 Posthumous Eligibility
A faculty member may be approved for emeritus status posthumously, whether death is prior to retirement or after. If prior to retirement, the faculty member is eligible for emeritus status if all other criteria, other than retirement in good standing, are met.

6.4 Rank as Emeritus
The emeritus rank will be that held by the faculty member once the written nomination has been approved.

6.5 Privileges
An emeritus faculty member has many of the same rights and privileges to use university facilities and to participate in university activities as an active full-time faculty member. These include the use of recreational facilities, use of the libraries, access to university dining services meal plans, bookstore discounts, a JAC card, an email account, on-campus waiver of tuition, listing in the catalog, and other appropriate publications, and participation in appropriate university events.

Emeritus faculty members do not normally receive remuneration, although they may be hired by the university on a part-time basis for a limited time.

Retiring faculty members who have been granted emeritus status will be eligible for membership in the James Madison University Emeriti Association. They are also eligible to obtain a limited use emeritus parking decal.

6.6 Procedures for appointment
Emeritus appointments are made by the Board of Visitors upon the recommendation of the president. Nominations for appointments to emeritus status are made by the appropriate academic unit head or director to the president through the dean or AVP and the appropriate division head. Recommendations should be accompanied by appropriate supporting data.

6.6.1 When the president has approved the recommendation for instructional or administrative and professional faculty, a letter will be sent to the recipient indicating their designation of emeriti status pending approval by the Board of Visitors.

6.6.2 A copy of this letter will be sent to the Office of the Provost for proper processing.

6.6.3 The Office of the Provost will complete an Affiliate form for the faculty member.

6.7 Duration of appointment Emeritus status is normally granted on a permanent basis. However, emeritus status may be removed by the university for cause at any time.

7. RESPONSIBILITIES

The academic unit head is responsible for nominating a retired faculty member for emeritus status.

For instructional faculty, the dean is responsible for making a recommendation on the nomination for emeritus status to the Provost and Vice President for Academic Affairs. The Provost and Vice President for Academic Affairs are then responsible for making a recommendation on the nomination for emeritus status to the president.

For administrative & professional faculty, the AVP or dean is responsible for making a recommendation on the nomination for emeritus status to the appropriate senior vice president or the Executive Assistant to the President. The senior vice president or the Executive Assistant to the President is then responsible for making a recommendation on the nomination for emeritus status to the president.

The president is responsible for recommending emeritus status for a faculty member to the Board of Visitors.

The Board of Visitors is responsible for granting emeritus status.

8. SANCTIONS

None

9. EXCLUSIONS

This policy does not address the emeritus staff designation. See policy 1318.

10. INTERPRETATION

The authority to interpret this policy rests with the president.

Previous version: April, 2008
Approved by the President: April, 2008

Index of Terms

Emeritus faculty

1333 Retirement Incentive Plan for Faculty

1. PURPOSE

This policy exists to describe the James Madison University Retirement Incentive Plan for Faculty. The James Madison University Retirement Incentive Plan for Faculty provides supplemental retirement benefits to participating faculty members to meet critical university objectives. The objectives of the plan include:

  1. To provide the university with increased flexibility in the allocation of faculty positions among programs in order to better meet enrollment demands, curricular needs, and other university objectives.
  2. To facilitate the hiring of new faculty members who have credentials and experiences that will best support and enhance the mission of the university
  3. To help alleviate the financial strain of retirement that may prevent some faculty who would like to do so from retiring.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATION

The university's Board of Visitors (Board) has adopted the James Madison University Supplemental Retirement Plan for Faculty (SRPF), and its terms are consistent with this policy. The Board has given the President of the university the authority to execute the SRPF and any amendments required by the Internal Revenue Service in order for the SRPF to gain qualified status, provided said amendments are consistent with this policy.

3. DEFINITIONS

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, university life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

Contractual Right to Employment
For the purposes of this policy, a contractual right to continued employment refers to a faculty member who has a contract with a termination date more than one year in the future.

Early Retirement
The offer of certain compensation and benefits associated with a faculty member retiring prior to what would be considered 'normal' retirement in terms of age and/or length of state service.

Instructional Faculty
Instructional faculty members have responsibilities that include teaching, research and service as the majority of their duties.

Supplemental Retirement Plan for Faculty (SRPF)
The SRPF is intended to be a qualified defined benefit plan pursuant to the Internal Revenue Code of 1986, as amended.

4. APPLICABILITY

This policy applies to instructional and A&P faculty members. To be eligible to be a participant under the plan, a faculty member must:

  • Be at least fifty (50) years of age; and,
  • Be tenured or have a contractual right to employment as defined above; and,
  • Be a full-time employee employed in a non-classified faculty position (or be on leave from such full-time status) with at least 10 years of full-time service with the university; and,
  • Satisfy any additional criteria established by the president or Board of Visitors of the university relating to participation under the plan.

5. POLICY

Participation in the plan is voluntary for both the university and the faculty member.

With the approval of the president the university may exercise its discretion to extend an offer of early retirement to an eligible faculty member when such an offer is strategically intended to enhance the university's achievement of its mission.

6. PROCEDURES

6.1 Selection of Participants
Criteria for selecting participants from among the eligible applicants will be established by the university based upon policy objectives. Selected participants will be recommended by the deans or directors to the Vice President, who will make recommendations to the president for final approval.

6.2 Retirement Contract
The university and each participant will enter into a retirement contract that will include provisions covering the following matters:

  1. The participant's retirement date. Retirement will result in the participant's:
    1. Permanent conclusion of full-time employment with the university;
    2. Permanent withdrawal from active membership in the Virginia Retirement System (VRS) by the VRS member;
    3. Permanent ineligibility for active VRS membership on account of employment by the university or any other agency of the Commonwealth of Virginia; and
    4. Permanent ineligibility for contributions to the accounts of ORP (Optional Retirement Plan) program participants by the university or any other agency of the Commonwealth of Virginia.
  2. The amount of the early retirement benefit, which will be one hundred fifty percent (150%) of the participant's final base salary as reflected in the records of the university, and the schedule of payments for such benefit, which will be over a period of five years in quarterly increments. (Under exceptional circumstances, the University and the Participant may agree to accelerate the distribution of the Participant's Benefit. If the University and the Participant agree, the Participant shall receive his or her Benefit over a two (2) to four (4) year period in lieu of a five (5) year period.)
  3. The payments will be made pursuant to the Supplemental Retirement Plan for Faculty described in 6.4 below. Such payments will be made if the participant becomes disabled prior to the retirement date, or if the participant dies on or after the retirement date. However, such payments will not be made if the participant dies prior to the retirement date. The participant has full responsibility for evaluating all factors relating to ending full-time employment at the university, including retirement income, health insurance and tax considerations.

6.3 Annual Payments
Aggregate payments pursuant to this policy in any year may not exceed five percent (5%) of the university's educational and general fund appropriation for faculty salaries and benefits for that year. However, the actual amount allocated by the university for payments pursuant to this policy in any year will be determined by the needs of the university, and the university will not be obligated to allocate the maximum amount described in the preceding sentence.

6.4 Qualified Defined Benefits Plan
Benefits under this policy will be provided through the James Madison University Supplemental Retirement Plan for Faculty (SRPF). Benefits under the SRPF are intended to supplement any retirement benefits the participant may be receiving from the VRS and/or the optional retirement program (ORP) and to help alleviate the financial strain of retirement.

7. RESPONSIBILITIES

The president is responsible for approving individual early retirement offers.

Deans, directors and Vice Presidents are responsible for identifying candidates for the Retirement Incentive Plan and making recommendations to the president.

The Human Resources Benefits Team is responsible for managing the Retirement Incentive Plan for Faculty (RIPF) contracts and providing one-on-one counsel with applicable faculty members.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

This policy excludes any and all employees who do not meet the criteria as established in Section 4 above.

10. INTERPRETATION

The authority to interpret this policy rests with the president, and is generally delegated to the Director of Human Resources.

Previous Version: March, 2012
Approved by the President: April, 2002

Index of Terms

Early Retirement
Retirement
Supplemental Retirement

1113 Emergency/Disaster Leave

1. PURPOSE

This policy provides a method to grant up to 80 hours of paid leave annually to qualifying employees who are called away from their regular jobs to provide specific kinds of emergency services during defined times of state and/or national disaster or who need to attend to the medical needs of self and/or immediate family members when communicable disease of public health threat conditions have been declared by the State Health Commissioner and the governor. This policy also provides a method to grant up to 80 hours of paid leave annually to employees who are victims of disasters that meet the criteria specified in this policy.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATION

Stafford Act (P.L. 93-288 as amended), VA Code § 32.1-48.05, § 32.1-48.06, § 44-146.16, § 44-146.17

3. DEFINITIONS

Affected Area
Any part or the whole of the Commonwealth, which has been identified as where persons reside, or may be located, who are known to have been exposed to or infected with or who are reasonably suspected to have been exposed to or infected with a Communicable Disease of Public Health Threat.

Communicable Disease of Public Health Threat
An illness of public health significance, as determined by the State Health Commissioner in accordance with regulations of the Board of Health, caused by a specific or suspected infectious agent that may be reasonably expected or is known to be readily transmitted directly or indirectly from one individual to another and has been found to create a risk of death, significant injury or impairment..

Emergency Services
The preparation for and carrying out of functions to prevent, minimize and repair injury and damage resulting from natural or man-made disasters. These include fire-fighting services, police services, medical and health services, rescue, engineering, warn­ing services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, emergency resource management, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection.

Exceptional Circumstances
When one or more persons within the Commonwealth are known or are reasonably expected to have been exposed to or infected with a communicable disease of public health threat.

Immediate Family Member
Immediate family includes parents, step-parents or persons who stood in place of the parent and performed parental duties and responsibilities; a spouse as defined by laws of the Commonwealth; children, including step-children, foster children, and legal wards; and, siblings, including step-siblings, residing within an affected area.

Major Disaster
An official status declared by the President of the United States when he/she deems that federal assistance is needed under the Stafford Act (P.L. 93-288 as amended) to supplement state, local and other resources to deal with the effects of a variety of natural or man-made catastrophic events.

Man-made Disaster
An event caused by the action of one or more persons that imperils life and property and produces danger or the imminent threat of danger through exposure to biological, chemical or radiological hazards. Examples include large spills resulting from transportation or industrial accidents, and effects of terrorist acts. Some man-made disasters may also be called technological disasters.

Natural Disaster
An event of nature that causes extensive and/or severe threat to or destruction of life and/or property. Typically, such situations are the result of wind, earth­quake, blizzard, ice storm, widespread fire or flood.

Primary Personal Residence
The home, apartment or dwelling in which the employee resides most of the time. This does not include vacation or second homes, nor property owned but not occupied by the employee. Normally, this location will bear the employee’s official address as recorded by the city or county where the dwelling is located.

Specialized Skills or Training
Specific, definable skills or training that enables an individual to provide certain identified services needed during periods of state or national emergency or disaster. These skills and training may or may not be related to the qualifications used in the employee’s state job.

State of Emergency
The status declared by the President of the United States, the Governor of Virginia or the governor of another state for conditions of sufficient severity and magnitude that assistance is needed to supplement the efforts of localities and other relief organizations.

4. APPLICABILITY

This policy applies to all full-time employees of the university, to include instructional faculty, administrative & professional faculty, and classified staff.

5. POLICY

5.1 Leave to Provide Emergency Services
An employee shall continue to receive his/her normal salary for up to 80 hours while using approved emergency/disaster leave under this policy. JMU will not pay for expenses related to provid­ing emergency service, such as travel, food or lodging.

Vice presidents (VP’s), deans, associate/assistant vice presidents (AVP’s),  and the executive assistant to the president have discretion for authorizing up to 80 hours of leave annually under this policy for employees who meet all criteria shown below:

  • The area is covered by an official declaration of major disaster by the President of the United States or a declaration of a State of Emergency by the Governor of Virginia or the governor of another state.
  • Public officials at the site of the disaster have requested the assistance of individuals with specialized skills or training.
  • The employee possesses the required specialized skills or training requested by the authorities.

5.2 Leave for Victims of Disaster
Leave may be available under this policy to an employee who has sustained severe or catastrophic damage to or loss of his/her primary personal residence or has been ordered to evacuate that residence as a result of a natural or man-made emergency or disaster. JMU will not pay for expenses incurred by an employee in recovering from the personal effects of a disaster such as travel, food or lodging.

VP’s, deans, AVP's and the executive assistant to the president have discretion for authorizing up to 80 hours of leave annually under this policy for employees who meet all criteria shown below:

  • The event resulted in a formal declaration of a State of Emergency or of federal disaster status.
  • The employee’s home was located in the officially declared disaster area.
  • Formal documentation from recognized disaster relief organi­zations or insurance companies verifies severe, extreme or catastrophic damage to or loss of personal property as a result of the declared emergency in which the damage or required evacuation rendered the employee’s home temporarily or permanently uninhabitable.

5.3 Public Health Emergency Leave
Upon declaration and within the period of a communicable disease of public health threat, an employee is eligible for up to 80 hours of paid leave per leave year to attend to his/her own medical condition and/or to care for immediate family members residing in an affected area.

An employee whose illness and/or isolation extends beyond 80 hours must use existing leave and/or disability policies to cover the remainder of their absence.

6. PROCEDURES

An employee must request the use of Emergency/Disaster Leave through his/her immediate supervisor prior to using leave under this policy. The request must be submitted in writing to and approved by the appropriate VP, AVP, dean, or the executive assistant to the president. VP’s, AVP’s, dean’s, and the executive assistant to the president possess the discretion to approve requests for paid leave in the emergency or disaster situations described in this policy.

An employee asked by emergency/relief service authorities to extend his/her service beyond 80 hours for the same event may request the use of appropriate leave or leave without pay. The request must be submitted in writing to his/her immediate supervisor and approved by the dean, appropriate AVP or the executive assistant to the president. Approval is at the discretion of the VP, dean, AVP and the executive assistant to the president.

An employee requesting the use of Emergency/Disaster Leave for a communicable disease of public health threat for himself/herself or an eligible family member is required to submit confirmation of the diagnosis that requires isolation, medical attention and/or removal from the workplace to his/her supervisor.

7. RESPONSIBILITIES

It is the responsibility of each VP, dean, AVP and the executive assistant to the president to evaluate employee eligibility for leave under this policy. Emergency/Disaster Leave shall be granted, in writing, at the discretion of the requesting employee’s VP, dean, AVP. In evaluating such requests, VP’s, deans, AVP’s and the executive assistant to the president should consider the need for the employee to provide the specified assistance and the expected impact of the employee’s absence on JMU’s ability to fulfill its mission.

VP’s, deans,/AVPs and the executive assistant to the president are responsible for ensuring that they have the required documentation prior to awarding paid leave.

For leave to provide emergency services, this includes:

  • confirmation of the declaration of disaster by the President of the United States, Governor of Virginia, or governor of another state; and
  • verification of the request for assistance by the appropriate officials; and
  • corroboration that the employee possesses the relevant specialized skills or training.

For leave for victims of disaster, this includes:

  • confirmation of the declaration of a State of Emergency or federal disaster status; and
  • documentation that the employee’s primary residence is in the official disaster area; and
  • verification as cited above of catastrophic damage to or loss of the residence, or requirement to evacuate the residence.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

Employees activated under military orders, whether by state or federal authorities, are not covered by this policy. See Policy 1319-Classified Employee Leave Without Pay, Faculty Handbook section III.J.1.e- Military Duty Leave and DHRM Policy 4.50-Military Leave.

10. INTERPRETATION

The authority to interpret this policy rests with the president and is generally delegated to the Director of Human Resources.

Previous version: March 2011
Approved by the President: October 2005

2106 Instructional Faculty Separation from Employment

1. PURPOSE

This policy provides the procedures for separation from employment for instructional faculty members, including non-renewal, expiration of contract, termination, retirement or resignation.

2. AUTHORITY

The Board of Visitors has the authority to enact personnel policies for all employees of the university. Where this authority has not been exercised by the board, it is delegated to the president.

3. DEFINITIONS

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

At-will Employee:
A faculty member who has no legitimate expectation of the continuation of an employment relationship with the university.

Expiration:
The natural and automatic termination of a fixed term contract of employment.

Financial Exigency:
A severe financial crisis within the university, declared by the president and Board of Visitors, which cannot be satisfactorily alleviated by less drastic means than the termination of tenured faculty members.

Fixed term contract:
An employment contract with a specific termination date or length of duration.

Inability to perform:
A determination by the university that a faculty member is unable to perform the essential functions of his or her position, with or without reasonable accommodations. The Policy on Disabilities and Reasonable Accommodations is found in Policy 1331.

Instructional faculty:
The members of the faculty who have responsibilities that include teaching, research and service as the majority of their duties.

Non-renewal:
A decision by the university not to renew the appointment of a faculty member.

PAR:
Personnel Action Request form.

Program elimination:
A decision by the university to eliminate an academic program, and terminate its faculty.

Program reduction:
A decision by the university to reduce the number of faculty within an academic program.

Resignation:
Voluntary separation from employment initiated by a faculty member.

Retirement:
Voluntary separation from employment initiated by a faculty member, and election to enter into a retirement program offered by the university.

Retirement Incentive Plan:
A plan that allows the university to offer special retirement incentives to a tenured or RTA (Renewable-Term Appointment) faculty member under appropriate circumstances. The Faculty Retirement Incentive Policy is found in Policy 1333. RTA is defined in section III.D.4 of the Faculty Handbook.

Separation:
The severance of the employment relationship between the faculty member and the university.

Termination:
A decision by the university to terminate the employment of a tenured or untenured faculty member during the term of a contract, or an at-will employee at any time.

4. APPLICABILITY

This policy relates to the separation from employment of all full-time instructional faculty members, including visiting appointments; tenured, tenure-track, renewable term, and untenured appointments; academic year, calendar year, fixed term appointments and interim appointments. It also applies to professional librarians.

For separation procedures in specific instances, see the Faculty Handbook, Section III.F.

5. POLICY

5.1 The procedures in this policy must be followed in the separation of faculty members from employment at James Madison University.

5.2 Resignation: A faculty member may resign his or her appointment at any time provided that written notice is given at the earliest possible opportunity. It is expected that a faculty member will provide at least three months notice of resignation from the university, and will fulfill the obligations of the current assignments before the resignation becomes effective. The university reserves the right to accept the resignation immediately or establish a date prior to the expiration of the current contract in order to provide for the orderly operation of the institution or as a negotiated alternative to dismissal for cause. See Faculty Handbook section III.F.1.

5.3 Expiration: Failure to renew the appointment of a faculty member on a fixed-term contract upon the expiration of the contract requires no action by the university and no notice to the faculty member. It is not an appealable personnel action. See Faculty Handbook section III.F.2.

5.4 At-will Employees: At-will employees may be terminated at any time upon notification from the university. Such termination is not an appealable personnel action. See Faculty Handbook section III.F.2.

5.5 Non-renewal: Untenured faculty members have no right to renewal of their appointments. The university may choose not to renew the appointment of an untenured faculty member for any reason provided the reason does not violate academic freedom. See Faculty Handbook section III.F.3.

5.6 Termination: The employment of a tenured or untenured faculty member may be terminated at any time by the university as a sanction for misconduct. See Faculty Handbook section III.A.25. The employment of a tenured faculty member may be terminated at any time by the university as a sanction following failure satisfactorily to complete remediation following a post-tenure review of a tenured faculty member. See Faculty Handbook Section III.E.8.m. Additionally, a faculty member may be terminated because of a financial exigency (Faculty Handbook section III.F.4.a.), because of a program reduction, elimination, or discontinuance (Faculty Handbook section III.F.4.b.), or because of the faculty member's inability to perform his or her job duties (Faculty Handbook section III.F.4.c.).

5.7 A faculty member separated from employment is required to complete appropriate forms to finalize matters relating to their employment, including insurance, retirement, university property, and compensation. Failure to complete the appropriate forms may result in abandonment of rights or benefits. Faculty members are also required to return all university property (such as electronic equipment, JACards, travel cards, keys, parking permits, etc.) and grade books for the preceding academic year. (See Policy 1314 on Transfer or Separation from Employment and Faculty Handbook III.A.2.b.15.)

6. PROCEDURES

6.1 Non-renewal.
The procedures for non-renewal of a tenure track faculty member undergoing review for tenure are in the Faculty Handbook, Section III.E.7. The procedures for non-renewal of a tenure track faculty member prior to undergoing review for tenure, and for RTA faculty members, are in the Faculty Handbook, Section III.F.3. Academic unit heads must submit a PAR to the Office of Human Resources for each non-renewal within three business days after the supervisor becomes aware of the employee's separation but always before the date of the faculty member's separation from employment.

6.2 Termination
The procedures for termination are found in the faculty handbook as follows:

As a sanction for misconduct: Section III.A.25.

As a sanction following a post-tenure review: Section III.E.8.

Financial exigency: Section III.F.4.a.

Program reduction or elimination: Section III.F.4.b.

Inability to perform for medical reasons: Section III.F.4.c.

Academic unit heads must submit a PAR to the Office of Human Resources for each faculty member who is terminated within three business days of the completion of appropriate procedures for termination.

6.3 Resignations and Retirements
Academic unit heads must submit a PAR to Human Resources for each faculty member who resigns or retires within three business days of notification, but always before the date of the close of the next pay period following the effective date of the resignation.

6.4 Expiration of Contract
No PAR is needed to document the separation of a faculty member whose contract expires.

6.5 At-will Employees
In order to separate an at-will employee from the university, the academic unit head must generate a PAR and send it to the Office of Human Resources within three business days of notification.

6.6 Campus Clearance
Upon receipt of the PAR reflecting a non-renewal, resignation, termination, or separation from employment, Human Resources will e-mail the faculty member's supervisor of record a notification indicating this employee has been separated from employment. This email includes a list of items (such as University property and grade books for the preceding academic year) the supervisor is responsible for obtaining from the employee. Human Resources will also notify pertinent departments of the employee's pending separation from the university. (Refer to University Policy 1314 Transfer or Separation from Employment for additional details.)

7. RESPONSIBILITIES

Faculty members are responsible for notifying the university in a timely manner of their intent to resign or retire.

Academic unit heads and direct supervisors are responsible for following the procedures for separation of faculty members from employment, submitting the PAR to the Office of Human Resources in a timely manner, and facilitating the return of all university property and grade books for the preceding academic year from the separating employee.

Deans are responsible for reviewing and approving all faculty separation practices and procedures used within their colleges and ensuring that the practices and procedures conform to university policies.

The Provost and Senior Vice President for Academic Affairs is responsible for reviewing and approving all faculty separation practices and procedures for instructional faculty.

The Director of Human Resources is responsible for processing the PAR's separating the faculty member from employment, and for communicating with the supervisor of record to facilitate the return of all university property. Human Resources will also send benefits-related information to the faculty member separating from the university and dependants as required by state or federal legislation.

When notified of a faculty member's pending separation, various departments (computer loans, parking, etc.) are responsible for contacting the faculty member to settle any outstanding accounts.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

The procedures detailed in this policy do not apply to A&P faculty or to part-time faculty members. The policy on separation of Administrative and Professional faculty members is found in Policy 1335.

This policy does not apply to demotions, removals or changes in assignment, or termination of specific assignments or administrative appointments of faculty members who remain employed by the university. For the procedures on changes in appointments of faculty members, see Policy 2113.

10. INTERPRETATION

The authority to interpret this policy rests with the president, and is generally delegated to the Provost and Senior Vice President for Academic Affairs.

Previous Version: May, 2002
Approved by the President: May, 2002

Index Terms:

Expiration of Contract
Financial Exigency
Inability to perform
Nonrenewal
Program elimination
Program reduction
Resignation
Retirement
Separation
Termination

1401 Reimbursement for Work-Related Education or Training from an External Source

1. PURPOSE

This policy outlines the university's plan to reimburse full-time employees who receive approved work-related education or training from an external source.

The purposes of the policy are to train employees (a) with work-related education in the use of new or modified equipment, (b) with work-related education in skills and knowledge required by changes in current positions, (c) with work-related education that maintains or improves skills required in the job, or (d) with work-related education to meet degree requirements in a program for which the employee is enrolled and the university does not offer an equivalent course.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATION

Internal Revenue Code Section 132(d) allows employers to exclude job-related educational expenses from an employee's income as a working condition fringe benefit. The exclusion is generally available for any form of educational instruction or training that improves or develops the job-related capabilities of the employee.

3. DEFINITIONS

Affiliate
An individual who has a formal affiliation (a necessary relationship exists between the university and the individual to provide a service of value to the university) with the university, and receives some services from the university, but is not a student or employee of the university, and receives no remuneration from the university.

Education Not Qualifying as Work-Related
Education does not qualify as work-related if it is needed to meet the minimum educational requirements of the employee's present job or is part of a program or study that will qualify the employee for a new job.

External Source
A source other than James Madison University.

Work-Related Education and/or Training
Education or training that is required by the university, law or regulatory agency to keep present salary, status or job; or training/education that maintains or improves skills required in the present job.

4. APPLICABILITY

This policy applies to all full-time employees.

5. POLICY

In support of the university's commitment to professional development of faculty and staff, the university may authorize reimbursement to full-time employees for the tuition of work-related education or for the costs of certain work-related training programs taken at other institutions.

This policy is designed to aid full-time employees who are expected to continue employment with the university for a period that will justify such educational assistance. This period will be determined by the applicable department.

5.1 ELIGIBILITY

The following eligibility guidelines and restrictions apply:

5.1.1 Employees must have been continuously employed by the university for a period of one year before applying for reimbursement.

5.1.2 Classified employees must have successfully completed their probationary period before enrolling in a course to be reimbursed.

5.1.3 The training/education must meet the definition of work-related education (see section 3, Definitions) to qualify for reimbursement.

5.1.4 Reimbursement will only be made for courses in which the employee receives a passing grade for courses or programs in which grades are awarded.

5.1.5 The cost of instruction must be paid by the employee in advance and reimbursement will be based on advanced approval and availability of department funds.

5.1.6 Reimbursement for courses taken will be made for costs up to, but not exceeding, in-state JMU tuition.

5.1.7 Employees eligible to receive veteran's benefits for education will be eligible for tuition reimbursement for that portion of tuition not covered by the Veterans Bill.

5.1.8 Courses authorized by this policy must be unavailable at James Madison University. Courses available at JMU should be taken under the on-campus waiver of tuition programs (Policy 1402 or Policy 1405).

5.1.9 Short-term workshops, institutes, symposia and other non-credit activities are not eligible for consideration under this policy (Policy 1403).

5.2 LIMITATIONS

5.2.1 Educational reimbursement will be limited to three courses per person during the fiscal year.

5.2.2 Educational reimbursement will not be made for dissertation-related courses, such as the courses required for ABD (All But Dissertation) status.

5.2.3 Classroom and study requirements will not be regarded as a basis for compensatory leave.

5.2.4 Tuition reimbursement will not be authorized for partial activity in, or for auditing, courses of instruction.

5.2.5 Application, readmission, laboratory fees, study materials, travel expenses, and meals are not to be included in the amount requested for reimbursement.

5.2.6 Courses meeting the IRS definition of work-related education will not be taxable.

5.2.7 Termination of employment, for any reason, prior to the completion of the course will make employees ineligible for any reimbursement.

6. PROCEDURES

Employees seeking reimbursement for courses taken under this policy must:

6.1 Prepare a Request for Tuition/Registration Reimbursement . Obtain authorization from the supervisor, department budget authority, and the appropriate vice president (or the appropriate designee) to participate.

6.2 Employees must arrange a schedule with their supervisor to make up missed time for course work taken during normal working hours.

6.3 The department budget authority will retain the Request for Tuition/Registration Reimbursement and provide a copy to the employee requesting reimbursement.

6.4 Within 30 days of the successful completion of work-related education or training, employees must submit the following information to the department budget authority:

  • A copy of the approved Request for Tuition/Registration Reimbursement.
  • A copy of the certificate, diploma, or grade report indicating successful completion of the course.
  • A copy of the receipt for payment of tuition.

6.5 The department budget authority will submit an accounting voucher payable to the employee, along with the supporting documentation listed above, to Accounts Payable.

6.6 The department budget authority will submit a report of all applications and awards to the Office of Equal Opportunity.

7. RESPONSIBILITIES

Supervisors are responsible for ensuring reimbursement is for work-related education or training. The responsibility of approving, denying, and paying reimbursement requests falls within the employee's department.

Vice presidents (or the appropriate designees) are responsible for submitting annual budget initiatives for tuition reimbursement and managing division fund allocations. They are also responsible for ensuring that the guidelines of this policy are followed. Each division is responsible for maintaining accurate records of applications and awards of tuition reimbursement. The division will request an annual initiative for use in support of this policy and then will manage any funds granted through the initiative during the fiscal year.

Accounts Payable is responsible for refunding the employee through the reimbursement process.

The Office of Equal Opportunity will review records of applications and awards for OEO compliance on a quarterly basis.

8. SANCTIONS

Sanctions will be commensurate with the severity and frequency of the offense and may include termination of employment.

9. EXCLUSIONS

This policy does not apply to part-time faculty, part-time employees, or affiliates.

Educational opportunities covered in Policies 1402, 1403 and 1405 are excluded from this policy.

10. INTERPRETATION

The authority to interpret this policy rests with the president, and is generally delegated to the Director of Human Resources.

Previous version: March, 2012
Approved by the President:

1306 Extra Employment for Faculty and Exempt Staff Members Within the University

1. PURPOSE

This policy provides guidelines for the assignment of and payment for work at the university in addition to or instead of the regular assigned work of full-time instructional faculty members, Administrative and Professional faculty members and exempt staff members.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUE AND/OR REGULATION

The university's authority to grant additional pay for extra employment of faculty members is in some instances constrained by federal regulations. See the United States Office of Management and Budget (OMB) Circular A-21.

3. DEFINITIONS

Academic Unit Head (AUH)
An academic department head or its functional equivalent.

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

Contract Period
For the purposes of this policy, faculty members on an academic year appointment have a contract period defined by the university as lasting approximately nine months, from mid-August through mid-May. For faculty members on a 12-month, calendar or fiscal year appointment, this period is defined as lasting from July 1 through June 30. Other specific contract periods may be specified in the terms of an individual faculty contract. Exempt staff members are continuously employed throughout the calendar year but are not hired on a contract. For the purposes of this policy, exempt staff members are to be treated the same as faculty members on calendar year appointments.

Employment Period
The time period during which a faculty or exempt staff member is actively employed by the university. For faculty members on academic year contracts, this does not include the summer sessions.

Exempt Staff Member
A member of the classified staff who holds a position exempt from the overtime provisions of the Fair Labor Standards Act.

Instructional Faculty Member
The members of the faculty who have responsibilities that include teaching, research and service as the majority of their duties.

Outside Employment
Work performed outside of any relationship with the University. The university policy on outside employment is Policy 1304.

Outside Funding Source
Any private, state or federal government entity providing funding to the university through a grant, contract, or other external sponsoring agency transaction with the university, including any other university and any foundation, including university-affiliated foundations.

Overload Employment
Any temporary, additional work accomplished by a faculty member or exempt staff member for the university during the employment period for extra compensation in addition to full, contracted workloads. The employee/employer relationship between the faculty member and the university remains intact during overload employment.

Reassigned Time
Time within the employment period during which a faculty member or exempt staff member is reassigned from normal duties to accomplish special assignments without additional compensation.

Sponsored Work
Any work performed by a faculty member or exempt staff member under a grant, contract or other external sponsoring agency transaction between the university and an outside funding source.

Summer Teaching
Classes taught by a faculty member on an academic year contract during one or more of the summer sessions at the university.

4. APPLICABILITY

This policy applies to all full-time instructional faculty members, A&P faculty members and exempt classified staff at the university. It applies to all work by the faculty member or exempt staff member for the university within or outside of the scope of the faculty member's or exempt staff member's regular assigned work, both during the term of the faculty member's or staff member's employment period and at times between contracted periods of employment (usually summer months).

5. POLICY

The assignment of duties for an instructional faculty member is determined by the AUH or supervisor in consultation with the faculty member and with the approval of the dean.

The assignment of duties for an A&P faculty member or an exempt staff member is determined by the faculty or staff member's supervisor.

Temporary assignment of extra work to be performed by the faculty or staff member during the employment period may result in additional pay or reassigned time only within the procedures herein.

No instructional faculty member, A&P faculty member or exempt staff member may be paid compensation by the university in addition to his or her regular salary for additional work unless the procedures of this policy are followed.

6. PROCEDURES

6.1. Overload vs. Reassigned Time during the employment period.

Instructional faculty members, A&P Faculty Members and exempt staff members may be temporarily assigned duties over and above their normal duties during the employment period. A faculty or exempt staff member may receive overload pay for assignments over and above his or her regular duties during the employment period. Alternatively, a faculty or exempt staff member may receive reassigned time from regular duties in order to perform special assigned duties during the employment period. Generally, reassigned time and overload pay may not occur at the same time. Reassigned time combined with overload pay, where the combination of extra duties and the duties remaining from the regular work load after reassigned time exceed the normal workload of the faculty or exempt staff member, require advanced approval in writing from the AUH or director, and the dean or the appropriate Assistant/Associate Vice President ("AVP").

6.2. Workload Adjustment or "Banking" Teaching Credit.

An instructional faculty member's workload may be adjusted by giving the faculty member reassigned time to reflect especially heavy teaching assignments in the immediate prior or current, semester. With approval of the AUH or supervisor and dean, an instructional faculty member may teach an especially heavy load in one semester and "bank" the course(s) taught, such course(s) to be exchanged for reassigned time (a reduced teaching load) during the next regular employment period semester.

6.3. Approval.

Overload employment must be approved by the department head or director, and the dean or the AVP.

6.4. Reassigned Time.

Reassigned time is determined and assigned by the AUH or director, with the concurrence of the dean or AVP. Reassigned time from normal duties (without a corresponding reduction in salary) is authorized only for official university or Commonwealth business. For an instructional faculty member, reassigned time must be reflected on the instructional faculty member's Anticipated Activity Plan submitted to the AUH. See Faculty Handbook, Section III.E.4.a.

6.5. Externally Sponsored Work During the Employment Period.

Work performed under a university grant, contract or other sponsoring agency transaction with an outside funding source during the employment period is usually not considered an overload assignment. A faculty or exempt staff member may not be paid additional compensation for such work unless specific federal regulations are met. To meet federal regulations (OMB Circular A-21), the following three tests must be met:

  1. Work must be in addition to the faculty or exempt staff member's regular duties,
  2. Additional compensation for the work performed by the faculty or exempt staff member must be approved in advance by the granting or contracting agency, and
  3. The work of a faculty or exempt staff member must either be across departmental lines or for a different division or college (i.e., from the division or college in which the faculty or exempt staff member performs under his or her regular employment), or must occur at a remote location from the faculty or exempt staff member's regular workplace.

The pay for such additional work must be proportional to the rate of pay under the faculty or exempt staff member's regular employment. For details, see the Office of Sponsored Programs.

6.6. Sponsored work outside of the Employment Period for Employees on Academic Year or Shorter Contracts.

Work performed and paid by an outside funding source during non-employment periods (i.e., the summer if the faculty member is on an academic year appointment) may be considered an overload assignment or a separate contractual arrangement, depending on the application of specific federal regulations (OMB A-21). In either case, the total compensation for such additional work and all other work performed outside of the employment period by the faculty or exempt staff member for the university is strictly limited to a proportional part of the regular base salary (i.e., for summer work by an academic year faculty member, one-third of the faculty member's regular academic year base salary for work taking all three months of the summer, or proportionally less for less time worked). If it is determined that such work constitutes an overload and all other federal requirements are met, the assignments will be made by submitting appropriate documentation to Human Resources to hire/rehire the faculty or exempt staff member as a temporary employee, as described in policies 1311 and 2201. For details, see the Office of Sponsored Programs.

6.7 A&P Faculty and Exempt Staff Members and Teaching

A&P faculty members and exempt staff members may only be compensated for teaching courses that are scheduled to meet outside their regular scheduled working hours. A&P faculty and exempt staff members may agree to teach courses during their regular scheduled work hours as reassigned time with the approval of their supervisor, but may not receive additional compensation for teaching the course(s).

6.8. State Regulations

Faculty and exempt staff members employed by the university are employees of the Commonwealth, and during the term of their employment they may engage in work for the Commonwealth in only one of the following four categories:

  • As intended in their employment contract. (No extra compensation authorized.)
  • As assigned by the president, senior vice president, dean or department head/director as reassigned time. (No extra compensation authorized.)
  • As assigned by the president, senior vice president, dean or department head/director for a work overload. (Extra compensation as authorized; appropriate documentation must be submitted to Human Resources to affect the additional compensation.)
  • In unusual circumstances, as a private contractor, when a proper contract has been duly negotiated and signed by the university in accordance with state directives. All service contracts of this nature will be issued by the AVP for Finance in accordance with state directives. In general, an employee may not have a personal interest in a contract with the university other than his or her employment contract. However, in certain circumstances, exceptions may apply. In these instances, Conflict of Interests regulations will be strictly enforced. See Policy 1106, Conflict of Interest.

7. RESPONSIBILITIES

The AUH or supervisor is responsible for the assignment of duties to an instructional faculty member, in consultation with the faculty member.

The supervisor is responsible for the assignment of duties to an A&P faculty member or exempt staff member.

The dean or AVP is responsible for reviewing such assignments, and for approving any overload pay.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment

9. EXCLUSIONS

This policy does not apply to any instructional or A&P faculty member, or exempt staff member performing work entirely outside of the scope of employment with the university as an independent contractor. But see Policy 1106, Conflict of Interest.

This policy does not apply to work performed by the faculty member for any other employer. See Policy 1304, Outside Employment of Faculty.

Payment for teaching that occurs outside of the employment period and is not part of the regular duties of an instructional faculty member, A&P faculty member, or exempt staff member is negotiated between the faculty member and his or her AUH or supervisor, and is not legally restricted in amount if no sponsored work is performed by the faculty member during the period outside of the employment period. However, in general, the pay should not exceed a rate of pay proportional to the faculty member's regular salary.

This policy does not apply to resources spent by the university as payment for professional development of faculty members.

This policy does not apply to bonuses, salary increments, or monetary awards given by the university in recognition of performance.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Provost and Senior Vice President for Academic Affairs where it concerns Instructional Faculty and the appropriate senior vice president where it concerns A&P Faculty or exempt staff members.

Approved by the President: November, 2005
Previous version: October, 2008

Index Terms

Overload
Reassigned time
Extra pay
Grants and contracts
Sponsored Programs

2110 Ordering Textbooks

1. PURPOSE

The purpose of this policy is to establish procedures for ordering textbooks for the students and faculty of the University. The policy addresses action by the Virginia General Assembly, section 23-4.3.1 Code of Virginia

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president.

3. DEFINITIONS

Bookstore:
The James Madison University Bookstore.

Course Material:
A group of required readings, lab materials, school supplies and/or electronic device determined by a faculty member for class use. Textbooks & Coursepack are considered course materials. Examples of non-book course materials include rock samples, maps, pedometers, lab notebooks, calculators, lab glasses, etc.

ISBN:
International Standard Book Number.

Textbook:
A bound volume assigned by a faculty member for a class.

4. APPLICABILITY

This policy applies to all faculty members who require textbooks or coursepacks as required or supplemental reading for students in their classes.

5. POLICY

The Bookstore is the official textbook site for the university. All faculty members are required to furnish textbook adoption orders to the JMU Bookstore Textbook Manager.

No employee at a Virginia public college or university shall demand or receive any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, as an inducement for requiring students to purchase a specific textbook required for coursework or instruction; with the exception that the employee may receive (i) sample copies, instructor's copies, or instructional material, not to be sold; and (ii) royalties or other compensation from sales of textbooks that include such instructor's own writing or work.

6. PROCEDURES

6.1 The approved academic unit representatives will forward approved textbook adoption  orders of the faculty in their academic units to the Bookstore by the second week in October for the spring semester, by the second week in March for the May and summer sessions, and by the first week in April for the fall semester.

6.2 Textbook adoption orders submitted to the Bookstore must include: course, course number, section, faculty name, faculty contact information, author, title, edition, ISBN, estimate of the number of students expected in each course and if the textbook is required or optional. Each academic unit's list should be in numerical order by course number. The academic unit should provide a list, by course number, of courses for which no textbooks are required. The textbook adoption order form should also be used to indicate other course materials (i.e., particular types of paper/notebooks, special tools, models, software, etc.), either required or recommended, that the Bookstore should stock for the students in each class.

6.3 The JMU Bookstore will post all known course materials at www.jmu.bkstr.com or through ecampus.jmu.edu. The lists of those required or assigned textbooks for each particular course shall include the International Standard Book Number (ISBN) along with other relevant information.

6.4 When reorders for additional textbooks beyond the original order are received from academic unit representatives, the Bookstore will expedite the order upon receipt of the request.

6.5 Five weeks after the beginning of each semester, the Bookstore will inventory unsold textbooks and will notify each academic unit prior to returning any textbooks to the publishers. The faculty in the academic unit should review the list and, within two weeks, notify the Bookstore of texts to be retained for the current semester.

6.6 The Bookstore Textbook Manager will notify the faculty member promptly of any information received regarding the delay in shipment of a textbook or of the inability of a publisher to provide the textbook by a required date. The Textbook Manager will obtain delayed books or substitute books by the most expedient means. When requested, he/she will attempt to obtain out-of-print books from alternate sources.

6.7 In the textbook adoption process, the intent to use all items ordered, particularly each individual item sold as a part of a bundle package, shall be affirmatively confirmed by the faculty member. In the event that the faculty member does not intend to use each item in the bundled package, such faculty member shall notify the Bookstore so that the most cost-effective procurement for the Bookstore and the student can be utilized.

6.8 The faculty member shall affirmatively acknowledge the Bookstore's quoted retail price of textbooks, course material, and course packs selected for use in each course.

6.9 Faculty members are encouraged to limit their use of new edition textbooks when previous editions do not significantly differ in a substantive way, as may be determined by the appropriate faculty member.

6.10 Students who have emergency financial needs due to unanticipated circumstances and do not have financial support or financial aid to cover the cost of books, may be eligible for the Textbook Loan Program. Students should contact the University Business Office to see if they qualify.

7. RESPONSIBILITIES

Textbook adoption orders are made by the faculty members through approved academic unit representatives. All textbook requirements MUST be provided to the Bookstore Textbook Manager by the approved academic unit representative.

Academic unit heads or their approved representatives are responsible for reporting their best realistic estimate of the number of students expected in each course and section. When any courses or sections are canceled, or overrides are permitted, the academic unit head or representative is responsible for notifying the Bookstore immediately.

The Bookstore is responsible for receiving and processing academic unit requests for textbooks to be used in courses offered by the university and for applying an efficient and effective ordering policy to determine the quantities of textbooks to order.

The Associate Vice President for Business Services is responsible for the overall administration of the textbook service through the Bookstore.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

None.

10. INTERPRETATION

Authority to interpret this policy rests with the president, and is generally delegated to the Associate Vice President for Business Services.

Previous version: November 2011
Approved by the President: November 2006

Index Terms
Coursepacks
Textbooks
Textbook adoption

2205 Policy for Misconduct in Research and Other Scholarly Work UNDER REVIEW

THIS POLICY IS CURRENTLY UNDER REVIEW

The president has appointed the Provost to serve in the role of the Vice President for University Relations and External Programs.

These assurances and procedures implement James Madison's Policy on Misconduct in Research and other scholarly work. This policy applies to all faculty and administrative staff in the performance of scholarly and creative activity and research conducted at JMU whether performed under external or internal funding. It meets the certification and requirement guidelines of Section 493 of the Public Health Service (PHS) Act as well as other Federal and State agencies and private foundations. James Madison University expects that the highest ethical standards as well as compliance with public laws and regulations will prevail in the conduct of its activities. 

It is understood that the inherent requirement for integrity in the quest for knowledge and in the creation of scholarly and artistic works is fundamental to the academic purpose. It is the policy of James Madison University to maintain high ethical standards in research and other scholarly work, to prevent misconduct and to promptly and fairly evaluate and resolve instances of alleged or apparent misconduct. Nothing in this policy should be construed as being intended to in any way restrict academic freedom. To the contrary the University strongly encourages and supports research and scholarly activity. 

ASSURANCES 
James Madison University will provide vigorous leadership and will take immediate action into any allegation or other evidence of possible misconduct. 

All parties will be treated with justice and fairness and JMU will be sensitive to the reputations and vulnerabilities of all parties. 

The University will document all pertinent facts at each stage of the response to the allegation. 

The University will protect to the maximum extent possible, commensurate with protecting the rights of the accused, the privacy or those who in good faith report apparent misconduct. 

James Madison University will afford the affected individual confidential treatment to the maximum extent possible, a prompt and thorough investigation, and an opportunity to comment on allegations and findings of the inquiry and/or the investigation. 

The process pursued to resolve allegations of misconduct will not damage research itself. 

The University will conclude its responsibilities to the charge after resolving allegations of misconduct internally to all involved individuals; and externally to the public, the sponsors of research, the research literature, and the research community. 

The procedures listed below preserve the highest attainable degree of confidentiality compatible with an effective and efficient response to the allegation. 

DEFINITIONS 
"Act" means the Public Health Service Act, as amended (42 U.S.C. 201 et. seq.). 

"Days" shall mean calendar days, excluding Saturday, Sunday and such other days as the University is officially closed. 

"Institution" means James Madison University. James Madison University assumes legal and financial accountability for the awarded funds and for the performance of the supporting activities. 

"Inquiry" means information gathering and initial fact finding to determine whether an allegation or apparent instance of misconduct warrants an investigation. 

"Investigation" means the formal examination and evaluation of all relevant facts to determine if misconduct has occurred. 

"Mischievous Allegation" is one that is made knowing it to be false, or made with a reckless disregard for the truth. 

"Misconduct" or "Misconduct in Science" means fabrication, falsification, plagiarism, or other practices that seriously deviate from those that are commonly accepted within the scientific community for proposing, conducting, or reporting research. It does not include honest error or honest differences in interpretations or judgments of data. 

"PHS" means the Public Health Service. 

"OSI" means the Office of Scientific Integrity which is established in the Office of the Director, National Institute of Health (NIH) to oversee the implementation of all PHS policies and procedures related to scientific misconduct. 

"Secretary" means the Secretary of Health and Human Services (HHS). 

ALLEGATIONS OF MISCONDUCT 
James Madison University has a responsibility to pursue an allegation of research misconduct fully and to resolve questions regarding the integrity of research. The purpose of the evaluation of an allegation is to determine whether or not there is or is not substantial basis to believe that scholarly misconduct has occurred, and whether formal discharge proceeding or other action with respect to the individual's employment is warranted. In its responsibility the University will focus on the substance of the issues and be vigilant not to permit personal conflicts between colleagues to obscure the facts. 

The names of the complainant as well as the respondent will be held in strictest confidence and will be only released to those who must know. However, the respondent has the right to know the name of the complainant. 

Allegations of misconduct in scholarly work may come from various sources within or outside the University. 

No one shall be deemed to have engaged in such misconduct unless it is determined by a preponderance of all relevant evidence that the conduct in question was done intentionally and with a desire to deceive. 

The individual accused of research misconduct shall be entitled to be represented by legal counsel (at his/her own expense) in all meetings relating to the alleged misconduct. 

If the accused is found innocent of misconduct, the University will be responsible for the accused individuals reasonable legal expenses. Also, should the complainant be found to be a mischievous allegation, the complainant may be held responsible for the accused's legal costs. 

PROCEDURES 
All allegations of misconduct will be evaluated first by an inquiry, and then, if the inquiry so indicates, by an investigation. The inquiry is not a formal hearing; it is designed to separate allegations deserving of further investigation from frivolous, unjustified, or clearly mistaken allegations. 

The accused will be notified when an inquiry into an allegation of misconduct is being initiated and again if an investigation is being initiated. 

A. Initiation of an Inquiry 
An allegation of scholarly misconduct to be considered must be made in writing and delivered to the Vice President, University Relations and External Programs. It must be signed. Any person making an allegation must also agree to support it when requested before University officials and such committees as may be appointed under these procedures. If the Vice President of University Relations and External Programs has a conflict of interest with a case, the allegation will be pursued by another administrator. 

B. Notification to the Respondent 

1. Upon initiation of an inquiry, the Vice President, University Relations and External Programs will notify the respondent in writing of the existence and nature of the complaint and the process that will follow. The respondent will be informed of the proposed membership of the committee of inquiry for the purpose of identifying in advance any real or potential conflict of interest and the project will be deferred until the allegation is resolved. 

2. The respondent will be given copies of written documents (if any) that support the allegations. 

3. The respondent will be invited to present a written response to the allegations; this response will become a part of the case file maintained by the office of the Vice President, University Relations and External Programs.

C. Timeliness 
Due to the sensitive nature of an alleged case of research misconduct, the University will strive to resolve each case expeditiously. The inquiry phase will normally be completed and a written report of the findings filed by the institution's own record within 60 days of initiation. If the committee anticipates that the established deadline cannot be met, a report, citing the reasons for the delay and progress to date, will be filed with the Vice President of University Relations and External Programs and the respondent and appropriately involved individuals will be informed.

D. The Inquiry 
The inquiry process will be handled with the establishment of a formal committee by the Vice President, University Relations and External Programs. The Vice President is not required to form or convene a committee to take action on a complaint which in his/her judgment is frivolous, unreasonably vague, or known to be otherwise improper. If it appears that the allegation is a proper written and signed document and indicates serious scholarly misconduct the Vice President, University Relations and External Programs shall appoint a Committee of Inquiry. 

1. The Membership of the committee will be specifically chosen to evaluate the particular allegations under consideration. These individuals will not have a real or apparent conflict of interest in the case in question, be unbiased, and have an appropriate background for judging the issues being raised. They are to be tenured faculty with no appointment in the departments of either the complainant or the respondent. 

2. The Committee shall consider the allegation and conduct a preliminary formal review to determine if there is a reasonable and sufficient basis to warrant a full and more lengthy formal review. The manner of inquiry committee shall proceed in the fashion the Committee believes best serves to reach an initial informed assessment of the probability of the truth, accuracy, error, or falsity of the allegations. It rests in the judgment of the Committee when, and in what manner, it will receive submissions or interview the accused faculty member and the accusing party. The committee of inquiry shall arrive at a judgment as expeditiously as possible. 

3. All parties to the case, including the inquiry committee itself, shall have the opportunity to present evidence, to call witnesses, and to examine or cross-examine them. 

4. Information, expert opinions, records, and other pertinent data may be requested by the committee. 

5. All parties have the right to the assistance of legal counsel; however, as the inquiry is informal and intended to be expeditious, principal parties shall speak for themselves, with counsel, if any, assuming an advisory role to his client. 

6. To ensure the safety and security of any written documents associated with the allegation, committee members will be asked to review such documents within the Office of Sponsored Programs (if any) exist. Such documents shall remain in the office at all times. 

7. The Committee may keep confidential notes of its inquiry as it believes are reasonable to document its activities and findings. 

8. The Committee shall prepare for the Vice President, University Relations and External Programs a confidential written report of its preliminary findings. The written report will state what evidence was reviewed, summarize relevant interviews, and include the conclusions of the inquiry. The report shall also contain a recommendation for any further action. The recommendations shall be as follows: 

a. If a majority of the Committee determine that upon the information available to them it is reasonable to believe that an act of academic misconduct may have occurred, then the Committee shall recommend that a full investigation be conducted. 

b. If the Committee determines that it is not reasonable to believe an act of academic misconduct has occurred, it shall so inform the Vice President, University Relations and External Programs and also determine whether the allegation was mischievously made. 

c. If an allegation is found to be unjustified and to have been maliciously motivated, a recommendation for disciplinary action against the person or persons making the allegation shall be made. See Section A under Institutional Action. 

d. If an allegation is found to be unjustified but has been submitted in good faith, no further formal action other than informing all involved parties shall be recommended.

9. The proceedings of the inquiry, including the identity of the respondent, will be held in strict confidence to protect the parties involved. Protection will be provided also to the maximum extent possible, the privacy of those who in good faith report apparent misconduct.

E. Notification of Findings From the Inquiry. 
1. The respondent shall be given a copy of the report of inquiry. If he or she comments on that report, those comments will be made part of the record. 
2. The complainant will be informed by the Vice President, University Relations and External Programs of the outcome of the inquiry. 

a. Finding of no misconduct 
If the inquiry outcome does not find misconduct, all involved parties shall be so notified by the Vice President, University Relations and External Programs and efforts will be made to be sure individuals are cleared of unsupported allegations. 

The documentation of inquiry will be maintained in a secure manner for a period of at least 3 years after the termination of the inquiry to permit a later assessment of the reasons for determining that an investigation was not warranted, if necessary. 

b. Finding of misconduct for externally funded projects 

1. The Director of the OSI will be notified in writing on or before the date the investigation begins when on the basis of the initial inquiry, the institution determines that an investigation is warranted for any externally funded projects. 

2. Any agency sponsoring the research will be notified of a pending investigation. 

3. The OSI and/or other appropriate authorities will be notified within 24 hours if there is any reasonable indication of possible criminal violations. 

4. Allegations found to require investigation will be forwarded to the investigative body with the procedures outlined below.

F. Investigation
The purpose of the investigating committee is to undertake a thorough analysis of the allegation and to obtain all reasonable available information which it believes relevant to the charges. It is expected that the investigation should be completed within 120 days of its initiation. 

1. The Vice President, University Relations and External Programs shall, within 30 calendar days of the reporting by a committee of inquiry of the need for investigation, appoint an investigating committee of senior faculty who are without conflict of interest, hold no appointment in the departments of either the complainant or the respondent, and have appropriate expertise for evaluating the information relevant to the case. 

2. The committee may hold hearings and has the authority, responsibility and resources to collect and consider all of the evidence relevant to the allegation. 

3. It may obtain expert opinions, if necessary, to reach firm conclusions and may seek the advice of external experts if that is required to avoid conflicts of interest. 

4. The investigation must be thorough. It must obtain sufficient evidence to permit the committee to reach a firm decision about the validity of the allegation, or to be sure that further investigation could not alter an inconclusive result. 

5. If in the course of the investigation, additional information may emerge that may justify broadening the scope of the investigation beyond the initial allegations, the respondent is to be informed in writing of significant new directions in the investigation. 

6. If, during the investigation the University believes it necessary to act to protect the health and safety of research subjects, patients, and students, such administrative action will be taken. 

7. Copies of all materials secured by the committee shall be provided to the respondent and other concerned parties as judged appropriate by the committee. 

8. The respondent shall have an opportunity to address the charges and evidence in detail. The respondent may be accompanied by and confer with legal counsel at hearings, but is expected to speak for him/herself. 

9. Hearings will be confidential and may be declared closed by request of any of the principals. Written notification of hearing dates and copies of all relevant documents will be provided by the Vice President, University Relations and External Programs in advance of scheduled meetings. A record of the proceedings will be made, and a transcript prepared upon request and made available to involved parties. 

10. After all evidence has been reviewed and hearings completed, the investigating committee shall meet in closed sessions to deliberate and prepare its findings and recommendations. 

11. If the investigation cannot be completed in 120 days, the committee should compile a progress report, identify reasons for the delay, and request an extension from the Vice President, University Relations and External Programs. 

12. The committee will submit to the Vice President, University Relationss and External Programs a full report that details the committee's findings and recommendations. The report of the committee is advisory.

G. Notification of Findings of the Investigation
1. The Vice President, University Relations and External Programs will send the report to the respondent. The respondent may comment in writing upon the report. 
2. The OSI will be notified of the final outcome of the investigation when appropriate.

INSTITUTIONAL ACTIONS 
A. Absence of Fraud or Serious Misconduct 

1. All research sponsors and others initially informed of the investigation will be informed in writing that allegations of fraud were not supported. 

2. In publicizing the finding of no fraud, the institution will determine whether public announcements will be harmful or beneficial in restoring any reputations that may have been lost. Usually, this decision will rest with the person who was innocently accused. 

3. If the allegations are deemed to have been maliciously motivated, appropriate disciplinary actions will be taken against the complainant. 

4. If the allegations are found to be unjustified but were submitted in good faith, no further formal action will be taken.

B. Presence of Fraud or Serious Misconduct 
1. The Vice President, University Relations and External Programs will notify all federal agencies, sponsors, or other entities initially informed of the investigation of the finding of fraud. 

2. If, upon consideration of the report of the Committee of Investigation, it is believed that an act of scholarly misconduct is supported by a preponderance of the credible evidence, then disciplinary and/or administrative action consistent with the faculty member's contract and University rules and regulations will be initiated.

THE RIGHT TO APPEAL 
1. Individuals may appeal the judgment of the investigating committee and/or the sanction. 

2. A written statement of the grounds for the appeal must be submitted to the president of the institution within 30 days of written notification of the results of the investigation. Grounds for appeal may include, but are not limited to: 

a. New previously unconsidered evidence; 
b. Sanctions not in keeping with the findings;
c. Conflict of interest not previously known among those involved in the investigation; and 
d. Lapses of due process.

3. Upon receipt of a written appeal, the president will evaluate the evidence and make a determination. He may reopen the investigation. The president's decision will be binding on all parties and will be conveyed to all involved in a timely fashion. 

4. In the case of termination, the president's decision may be appealed as provided for under the faculty member's contract and Manual of Policies and Procedures.