A-to-Z Index

Administrative & Professional Faculty Terms & Conditions of Employment Overview

General
Administrative and professional faculty members are appointed on an annual basis by the president on the recommendation of the appropriate vice president, and approved by the Board of Visitors.

Employment-related Procedures

Reappointment:
Reappointment is typically made on an annual basis for a one-year contractual period and is not automatic, but is based on satisfactory performance and the needs of the university. Reappointments are effective as of July 1 of each year unless otherwise specified in the terms of the contract.

Renewable Term Appointments (RTA):
Professional faculty may be appointed to renewable term appointments. Terms and conditions regarding RTA's are set forth in the University Faculty Handbook.

Salary Increases:
Salary increases are typically granted on an annual basis and are based on merit and the availability of funds. Other salary adjustments may be made on a case-by-case basis.

Reassignment:
Administrative and professional faculty may be reassigned at any time based on the needs of the university. Reassignment is normally approved by the appropriate vice president and may include a salary adjustment as appropriate.

Resignation:
Administrative and professional faculty wishing to resign should give notice to their immediate supervisors as far in advance as possible. It is expected that at least one month's notice will be given prior to the effective date of resignation.

Non-Renewal of Employment Contract:
Non-renewal of the employment of an administrative or professional faculty member may occur at any time and for any legal reason, as these employees serve in their positions at the pleasure of the university. When an administrative & professional faculty member's contract is not renewed, that person will normally be paid through the end of the contract - normally June 30 - and also be provided with separation pay as indicated below.

Procedures:
Under normal circumstances, the administrative or professional faculty member should be given at least thirty days notice before the effective date of his or her nonrenewal. However, at the discretion of the university, this notice may be eliminated and termination may take effect immediately.

The supervisor who determines that an employee should not have his or her appointment renewed should send a written recommendation through the administrative line to the appropriate vice president on or before May 1. Each administrator within the administrative line between the supervisor and the vice president should submit a written document either supporting the recommendation or indicating that the recommendation is not supported. All recommendations should be given to the appropriate vice president by May 7. The vice president will make the decision on nonrenewal and should inform the employee and all of the administrators in the administrative line of his or her decision in writing by May 15. Failure to meet any of these dates will not invalidate the decision, as long as the decision is made before the end of the contract term.

When a vice president or his/her delegate meets with an employee to inform him/her that his/her contract is not being renewed, specific reasons for the non-renewal should not be discussed so as not to confuse non-renewal with discharge for cause - see section 6.8.

Appeal:
The decision of the vice president is final and is not appeal-able.

Separation Pay:
Non-renewal typically provides employees with separation pay as set forth below:
Years of Service at James Madison University Separation Pay*
2 years or less 4 weeks separation pay
More than 2 years but less than 3 years 8 weeks separation pay
More than 3 years but less than 4 years 12 weeks separation pay
More than 4 years but less than 5 years 16 weeks separation pay
More than 5 years but less than 6 years 20 weeks separation pay
More than 6 years but less than 7 years 24 weeks separation pay
More than 7 years but less than 8 years 28 weeks separation pay
More than 8 years but less than 9 years 32 weeks separation pay
More than 9 years but less than 10 years 36 weeks separation pay
More than 10 years but less than 11 years 40 weeks separation pay
More than 11 years but less than 12 years 44 weeks separation pay
12 or more years 48 weeks separation pay

*For the calculation, the employee's weekly salary is determined by dividing his or her annual salary by 52. The amount to be paid will be calculated according to the guidelines above. Payments for 9-, 10- and 11-month employee salaries will be calculated based on the same formula for 12- month salaries. For employees who are accessing the Enhanced Retirement Benefit of State Severance Policy 1.57 to purchase additional years of VRS service, the maximum weeks of severance will be thirty-six (36).

Discharge:
An administrative or professional faculty member may be discharged for cause at any time. Cause shall include any form of misconduct, dishonesty, violation of policy, theft, embezzlement, malfeasance, insubordination, misappropriation/misuse of university funds or property or inappropriate behavior that adversely affects the administration and operation of the university. Discharge for cause may also include an employee's inability, unwillingness, or refusal to perform essential functions of the job, job abandonment, and other appropriate reasons for the university to separate the employee from employment at the university. Discharge for cause does not require advance notification, nor will the employee be eligible to receive separation pay.

Waiver of Procedures:
In cases where the employee poses an immediate impediment or threat to the proper administration and operation of the university, the vice president may act to discharge the employee immediately, without following the steps indicated below. Following such discharge, the employee will be given an opportunity to appeal the decision to the president.

Procedures:
In all other cases, the supervisor who determines that an employee should be discharged for cause should send a written recommendation through the administrative line to the appropriate vice president. Each administrator within the administrative line between the supervisor and the vice president should submit a written document either supporting the recommendation or indicating that the recommendation is not supported. All recommendations should be given to the appropriate vice president. The vice president will make the decision on discharge.

Appeal:
The decision of the vice president or his or her delegate may be appealed to the president within five days by presentation of a written letter of appeal, outlining the reasons the employee believes that the discharge should be reversed. The president may make his or her decision based on the recommendations and letter of appeal, or may consult with any individuals he or she deems appropriate. The president will determine if the decision of the vice president should be upheld or reversed for the proper administration and operation of the university. The president's decision on the appeal shall be provided to the employee in writing within five days of his receipt of the appeal, with copies to the appropriate vice president and the administrators in the administrative line. The decision of the president is final, and may not be appealed.

Effect of Appeal:
The employee will not be put back to work or continued on the payroll because he or she has filed an appeal. If the president reverses the decision of the vice president and reinstates the employee, the period of the employee's temporary separation will be erased, and the employee's record of service shall not be interrupted.

Layoff:
In addition to the procedures outlined above, Administrative and Professional Faculty may also be removed from their positions as a result of a reduction in force, reorganization or restructuring. Normally, employees affected by a layoff should be notified as far in advance as possible, but no later than one month prior to the action. Employees separated under layoff are entitled to severance benefits in accordance with Department of Human Resource Policy 1.57.

Elimination of Position or Financial Exigency:
Administrative and Professional Faculty may be removed upon reduction or elimination of the specific services for which they were employed, or in the event of financial exigency, when funds from which the salaries of such individuals are paid cease to be available to the university for such purposes as determined by the Board of Visitors. In the event a position is eliminated or there is a lack of funding, administrative and professional faculty will be notified as far in advance as possible, but no later than one month prior to the action.