Exempt Professional Staff Review of Personnel Actions
Revised University Policy 602.23
1. Purpose
In accordance with the UNC Policy Manual, The Code, Section 612, Appalachian State University (“University”) provides a process for the review of personnel actions affecting specified employees exempt from the North Carolina Human Resources Act (EHRA).
2. Scope
This policy applies to all current or former Exempt Professional Staff (“EPS”) who are not commissioned police officers. This policy does not apply to Senior Academic and Administrative Officers (SAAO), student employees, non-student temporary employees, faculty, or employees covered under the SHRA Employee Grievance Policy.
3. Policy Statements
3.1 Reviewable Actions- The following allegations regarding employment actions may be reviewed under this policy:
- (1) Notice. Violations of applicable notice requirement set out in UNC System Policy 300.1.1, Section III.B; or
- (2) Equal Employment Opportunity or Protected Activity. Violations of any provision of subsections III.D. or E. of Section 300.1.1 of the UNC Policy Manual; or,
- (3) Discharge for Cause, Other Formal Discipline, Policy Interpretation Application. For discharge for cause or other formal disciplinary action, or for interpretation and application of a policy provision, all pursuant to and limited by subsection III.C of Section 300.1.1 of the UNC Policy Manual, a review may be sought only if the employee alleges the discharge, formal discipline, or policy interpretation, or application was illegal or violated a policy of the Board of Governors.
3.2 Request for Review—A request for review must be submitted timely following the discontinuation, termination, or discharge from employment or other adverse employment action utilizing Human Resources’ associated procedures. Otherwise, the employment action shall be final without recourse to any University review, grievance, or appeal.
3.3 Hearing – Upon the receipt of a request for review, Human Resources will work with the employee or former employee to provide a timely hearing before a hearing committee. Requests alleging violations of any provision of subsections III.D. or E. of Section 300.1.1 of the UNC Policy Manual may require an EO investigation prior to a hearing. The employee or former employee has the burden of proof in all hearings using the preponderance of the evidence standard (which is the same as the “greater weight of the evidence”).
4. Appeal to the Board of Trustees
If the Chancellor concurs with the recommendations of the hearing committee that is favorable to the employee, the Chancellor’s decision shall be final.
If the Chancellor either declines to accept a committee recommendation that is favorable to the employee or concurs in a committee recommendation that is unfavorable to the employee, the employee may appeal within 14 calendar days after receiving the chancellor’s written decision.
Additional References
The UNC Policy Manual, The Code, Section 612
UNC System Policy 300.1.1
EPS Review of Personnel Actions Process and Procedures
Administrative Unit Contact
Human Resources
History
Issued: