The University of Guam Human Resources Office

The University of Guam Human Resources Office is an organizational strategic partner administratively supporting the shared achievement of the University’s mission, goals, and objectives with talent acquisition, recruitment, and employment, talent development, compensation and benefits, and compliance with federal and local laws.

The University of Guam is an Equal Employment Opportunity employer. In fulfillment of its mission and functions, the University of Guam embraces all Employment laws and regulations, and does not discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.

Statutory Conflict

In the event any rule or regulation is in conflict with statute, the statute shall prevail.

Administrator Positions

The Administrator Positions provide a general job description which briefly indicates what entails in each title. The University of Guam Human Resources Office is the custodian of the titles below.

Assistant Vice President, Institutional Effectiveness

Position Narrative

Overall responsibility of the office of institutional effectiveness office, including the functions of the office of academic assessment and institutional research, institutional accreditation, assessment of student learning outcomes, academic program/unit and co-curricular review, and supporting programmatic accreditation. Oversight responsibility of articulation agreements with the regional colleges and other educational institutions at the course, program, and institutional level. Integral involvement in institutional strategic planning support, often in cooperation with the Senior Vice President and the President. Liaison with other institutional research officials from partnered institutions, including local public school and community college, information technology, various state and federal initiatives, and distance/continuing education.

The AVPIE position signifies a commitment to evidence-based decision making, and to be able to accomplish institutional effectiveness (IE) functions more effectively and efficiently (particularly accreditation).

This position provides support for all programs and the institution in the areas of assessment design, research agendas, planning, monitoring, and implementation. The Assistant Vice President for Institutional Effectiveness will identify and accomplish a research agenda for the institution to improve academic assessment, institutional planning and decision making in all areas related to the academic and student experience in support of the University's strategic initiatives. This includes working in concert with other units to support broader research agendas that support academic excellence and student success. This position will work collaboratively with the Enrollment Management and Student Success Registrar's Office, the Office of Information Technology, the academic colleges and schools, the University Planning and Budget Committee, and the Assistant Vice President for Academic Excellence/Director of Graduate Studies to provide data analysis to support accreditation requirements, planning and decision making for both on campus and external reporting and the development of the University Fact Book. [Board Resolution 16-36]

Assistant Vice President for Academic Excellence/Director of Graduate Studies

Position Narrative

Under the direction of the Senior Vice President for Academic and Student Affairs, the Assistant Vice President for Academic Excellence/Director of Graduate Studies will support and sustain excellence in teaching, research, and student achievement at the University of Guam. The Assistant Vice President for Academic Excellence is responsible for maintaining an environment conducive to academic quality, teaching and research excellence, student success, innovation, and progress, as well as a culture of iterative review and responsible University Citizenship. The Director of Graduate Studies will coordinate the activities of graduate programs with the appropriate Deans and various program faculty and assure updates of all activities relating to graduate faculty status and graduate program quality, on behalf of the Senior Vice President for Academic and Student Affairs. [Board Resolution 16-36]

Associate Budget and Administrative Process Officer

Position Narrative

The Associate Budget and Administrative Process Officer (ABAPO), under the general direction of the Comptroller, is primarily responsible for the development and management of the University's annual budget, provision of management information, management of financial services and controls, project management for financial and administrative systems, and business and administrative process redesign and simplification consistent with the University's mission, accreditation standards, autonomy and academic freedom. The ABAPO supports the achievement of institutional purposes and educational objectives through the management of the University's financial resources and strategic administrative processes in a manner that creates a high quality environment for student learning. The position manages the activities of a small staff of finance and administrative professionals.

Associate Comptroller/Bursar

Position Narrative

Under the general direction of the Comptroller, the Associate Comptroller/ Bursar manages the Bursar's Office, supports the management of the Business Office, oversees financial reporting, and leads the development and implementation of financial systems consistent with the mission, strategic initiatives, accreditation standards, autonomy and academic freedom. This position also supports the achievement of institutional purposes and educational objectives through the provision of the financial and student accounts infrastructure and controls in a manner that creates a sustainable environment for student learning. Within the University this position works closely with the VPs, Comptroller, Academic Officers Council (deans and directors} and students. Outside the University this position interacts with WASC, Gov Guam Department of Administration and Bureau of Budget and Management, Research, financial institutions, audit firms and collection agencies. Key dimensions of the position include: $82M general ledger; over 3,600 student accounts; $5M tuition receivables and $7M financial aid receivables; reporting of $17M ARRA capital projects and $25M of other Federally funded grants; and ~26 professional staff with nine direct reports being two General Accounting Supervisors in Business Office and the collections staff, accounts receivable and cashier in Bursar's Office.

Associate Dean, College of Liberal Arts and Social Sciences (CLASS)

Position Narrative

The Associate or Assistant Dean(s) of the College of Liberal Arts and Social Sciences (CLASS) are academic and administrative officers under the general administrative direction of the Dean of the College. They perform the duties of the Dean, as these are delegated to them by the Dean. They are expected to uphold the University's mission, policies and procedures, and to provide vision, ethical leadership and advocacy in academic affairs and scholarly activities. Included is an emphasis on the continuing support of the highest standards of academic quality in instruction, research, and service. They support the Dean's visible leadership and representation of the College on campus and in the greater community. They are expected to share the Dean's work in marshalling the vibrancy and creative energies of the faculty and staff, and to support the development of specific strategic steps to encourage excellence. They participate in the Dean's activities to guide the Chairs and faculty in the definition of expected outcomes and to support the College in achieving those outcomes via academic programs, outreach, research, and extramural fund raising through grants, contracts, and donations. They respond to the Dean's delegation of assignments to manage the resources of the College; to recruit, evaluate, and retain well-qualified faculty and staff; and to develop effective undergraduate and graduate student recruitment and retention initiatives.

Associate Dean, EMSS and Registrar

Position Narrative

The University of Guam Associate Dean, EMSS and Registrar, reports to the Dean of Enrollment Management and Student Success, and is the second senior official responsible to lead, plan, organize, and manage the University’s student service functions including the Office of Admissions and Records Management and serve as University Registrar.

Associate Director, Cooperative Extension Service

Position Narrative

The Associate Director for Cooperative Extension Service (CES) serves as a member of the College of Natural and Applied Sciences (CNAS) administrative team and is accountable to the Dean of CNAS. The primary objective of the Associate Director is to assist the Dean/Director in providing leadership and supervision of island wide Cooperative Extension (informal outreach educational) programs and projects.

Associate Director, Western Pacific Tropical Research Center (WPTRC)

Position Narrative

The Associate Director for Western Pacific Tropical Research Center serves as a member of the College of Natural and Applied Sciences (CNAS) administrative team and reports directly to the Dean of CNAS. The primary objective of the Associate Director is to provide leadership and administrative support for research activities conducted by WPTRC researchers (both faculty and staff).

Associate Director, PIP Professional Development and Lifelong Learning Center

Position Narrative

The Associate Director, PIP Professional Development and Lifelong Learning Center (PDLLC), supports the Director of Global Learning and Engagement (PIP) in providing profitable, entrepreneurial, market-driven, and outcomes-based leadership in extending the University's educational resources and enhancing its responsiveness to our community and the Asia Pacific region consistent with the mission, strategic initiatives, accreditation standards, autonomy and academic freedom. The Assistant Director leads the coordination efforts for PDLLC's professional development, personal enrichment and community training programs, as well as coordination of various professional, outreach, and grant programs. Together with the Director, the Associate Director assists in defining, clarifying, and delivering profitable strategic initiatives related to market growth and development, innovative lifelong learning, collaborative educational public/private partnerships, and market-based program development. The Associate Director leads a staff of 2 and administers programs and services with gross revenues $ 1 million. Direct reports are the Administrative Aide and Extension Associate.

Associate Director, PIP Telecommunication and Distance Education (TADEO)

Position Narrative

The Associate Director, PIP Telecommunication and Distance Education Operation (TADEO) supports the Director of Professional and International Programs (PIP) in providing leadership for the University's telecommunication and distance education operation, its resources, and enhancing its responsiveness to our community and the Asia Pacific region consistent with the mission, strategic initiatives, accreditation standards, autonomy and academic freedom. The Associate Director TADEO manages and coordinates a regional communication facility, including the management of related grants. The Associate Director TADEO assists in defining, clarifying, budgeting and delivering strategic initiatives and coordinating support services related to the University's distance education operation. The Associate Director TADEO manages staff of 3 full-time employees and administers programs and services with gross revenues $250,000.

Athletics Director

Position Narrative

The Athletics Director, under the general direction of the Vice President for Administration and Finance, is primarily responsible for the administration of the University's athletics programs consistent with the mission, strategic initiatives, accreditation standards, autonomy and academic freedom. The Athletic Director supports the achievement of institutional purposes and educational objectives through the management Field House events and athletics programs in a manner that creates a high-quality environment for student learning. The athletics program is a co-curricular program integrated with academic goals and programs in support of student professional and personal development. The Field House houses academic and athletic programs and is also a facility available for broader University and community needs. The Athletic Director manages a staff of 5 (summer camp 25+) and administers stand-alone auxiliary funds with responsibility for revenues of $0.3 million for Athletics and $ 0.3 million for the Field House. [Board Resolution 14-19]

Triton Store and Auxiliary Services Director

Position Narrative

The Triton Store and Auxiliary Services Director (BASD), under the general direction of the Vice President for Administration and Finance, is primarily responsible for the administration of the University's bookstore, post office, food services and other auxiliary services consistent with the mission, strategic initiatives, accreditation standards, autonomy and academic freedom. The BASD supports the achievement of institutional purposes and educational objectives through the management of auxiliary services in a manner that creates a high quality and affordable environment for student learning. Triton Store operations, in particular, are closely integrated with academic goals and programs in support of student learning and academic freedom. The Director manages a staff of 9. The Director administers three stand-alone auxiliary funds with bottom-line responsibility for revenues of ~$0.5 million (M) for the bookstore, ~$0.1M for the post office, and ~$0.04M for food services (contractual payments).

Capital Projects Manager

Position Narrative

The University of Guam (UOG) Capital Projects Manager (CPM) reports directly to the Chief Plant Facilities Officer (CPFO) and is responsible for the management of all construction contracts of the University including large Air Conditioning Installations, Retro-fitting, replacements, and repairs. The CPM will oversee the Capital Improvements Projects Coordinator (CIPC) and the staff that fall under that position. [Board Resolution 18-26]

Chief Human Resources Officer

Position Narrative

The Chief Human Resources Officer (CHRO), under the general direction of the Vice President for Administration and Finance, is responsible for leading and developing the University's human resources office (HRO) and administering HR matters related to faculty, staff, administrators, and students consistent with the mission, strategic initiatives, accreditation standards, autonomy and academic freedom. The CHRO supports the achievement of institutional purposes and educational objectives through the management of human resources and related programs in a manner that creates a high quality environment for student learning. HR policies and programs are integrated with academic goals and programs and support professional and personal development. HR dimensions include: compensation and benefits for medical/dental/life insurance, retirement, 403(b)(7) and 457 plans, sabbatical and other forms of leave of $31 million(M); over 900 employees including --- academic personnel, -- classified staff and --- unclassified/non-classified staff. The CHRO directly manages a staff of 10 and administers a budget of over $0.6M.

Chief Information Officer

Position Narrative

The University of Guam, Chief Information Officer, is a new position that reports directly to the President. The person will direct the strategic use of technology for the University, spearhead IT planning, and expand the functionality and adoption of new applications across the campus and beyond. The person will supervise the Director who is responsible for the Information Technology Resource Center (ITRC).

The University has embarked on a mission to make Guam a research and education hub with network and videoconferencing connectivity to North America, the Pacific, and Asia. The University is implementing a Good to Great strategic framework. The University is focusing on areas where performance has been good and improving so that the University can become great in those areas. Technology is a major lever for achieving this outcome. The University desires to be as effective and efficient as it can be with respect to its core competencies. The University also desires to provide increased capabilities for research staff to easily move large volumes of data. [Board Resolution 15-20]

Chief Planning Officer

Position Narrative

The Director of Strategic Planning is a 12-month appointment position that will report to the President of the University of Guam and will serve as the advisor to the President on institutional planning, initiatives, and resources, and oversee the development, implementation, and management of the University strategic plan that will enhance organizational productivity and resources, academic excellence, and better business practices. This position calls for someone who is analytical of processes and data, collaborative, interpersonal, and can work well with a diverse group of professionals in a dynamic, multi cultural institution.

Chief Plant and Facilities Officer

Position Narrative

The Chief Plant and Facilities Officer (CPFO), under the general direction of the Vice President for Administration and Finance, is responsible for providing leadership and direction in matters relating to the University's physical plant and facilities consistent with the mission, strategic initiatives, accreditation standards, autonomy and academic freedom. The CPFO supports the achievement of institutional purposes and educational objectives in a manner that creates a high quality environment for student learning through management of the Plant and Facilities organization, engineering and construction contracts, multi-million dollar academic building capital projects associated with the Physical Master Plan, Field House and Dormitory maintenance and operations, and strategic infrastructure initiatives. The position manages University plant and facilities, the dimensions of which include: ~$100 million (M) of capital assets, an operating budget of over $5M, annual capital outlay up to $1.5M, ~55 professional and classified staff, contract vendors, a campus maintenance fund of ~$1.3M and currently $1.3M of federally funded CIP projects. Direct reports include the Building Maintenance Superintendent, CIP Projects Coordinator, an administrative team, and indirect supervision over a Buyer II and contractors.

Comptroller

Position Narrative

The Comptroller, under the general direction of the Vice President for Administration and Finance (VPAF), is the University’s financial officer responsible for the processes of accounting and reporting, audit, insurance, budgeting, financial planning/management/control, collections, payroll, procurement and treasury. The Comptroller supports the achievement of institutional purposes and educational objectives through the management of fiscal resources and related financial programs in manner that creates a sustainable environment for student learning. Financial policies and programs are integrated with and provide funding for the University’s academic goals and programs. The position manages University finances, the dimensions of which include: gross revenues and appropriations $76 million(M), gross payroll $31M, procurement $27M, assets $106M, investments $14M, capital expenses $1M, tuition collectibles $5M, financial aid collectibles $7M, and an insurance program. The Comptroller directly manages a staff of 22 and administers a departmental budget of $2.4 million. Direct reports include General Accounting Supervisor, Administrative Services Officer, Bursar, Payroll Supervisor and Supply Management Administrator.

Dean, College of Natural and Applied Sciences (CNAS)

(Retrieved by Dr. Lee Yudin. Could not locate BOR)

Position Narrative

The Dean of the College of Natural and Applied Sciences is the academic and administrative officer of both undergraduate and graduate programs and instructional activities of the College. In addition, the Dean of CNAS is also the Director of the Western Pacific Tropical Research Center that houses agricultural related research on Guam; and the Director of Guam’s Cooperative Extension Service which is the outreach arm of the college. The Director appointment is sanctioned by the Secretary of Agriculture, USDA. The Dean of CNAS, reports to the Senior Vice President of Academic and Student Affairs, and is expected to uphold the University's mission, local and federal policies and procedures, and to provide vision, leadership and advocacy in the affairs and scholarly activities of the college.

The Dean is responsible for managing the resources of the College; for all grants, recruitment, evaluation, and retention of well-qualified faculty and staff; and for supporting the development of effective undergraduate and graduate student recruitment and retention initiatives. Directly under the Dean, there is one Associate Dean of Instruction and two Associate Directors of USDA federal funded projects. The college also has its own accounting department (i.e., 1 Accountant 3, 1 Accountant 2, and 1 Accountant 1) that the Dean oversees and 20 civil service staff members. The college also employees nearly 200 soft money personnel on grants and contracts that the Dean/Director is the administrative head.

Dean of University Libraries

Position Narrative

The Dean of University Libraries is responsible for the overall administration, planning and development of the RFK Memorial Library and the RFT-Micronesian Area Research Center and reports directly to the Senior Vice President for Academic and Student Affairs. The Dean provides leadership in coordinating campus-, island-, and region-wide access to information resources. The Dean is a member of the University's Administrative Council and serves in other administrative service functions. [Board Resolution 18-14]

Dean, Enrollment Management and Student Success

Position Narrative

The University of Guam, Dean, Enrollment Management and Student Success is a member of the Senior Vice President for Academic and Student Affairs' cabinet that supports and serves the vision of the University of Guam as a student learner centered institution, dedicated to the enhancement of student success, enrollment growth, and institutional visibility. The Enrollment Management and Student Success team provides a new focus for the student services area at the University of Guam. The Dean ensures consistency, currency, responsiveness, and excellence in all aspects of enrollment management and student success which includes admissions, student records, financial aid, health services, career placement, counseling, residence halls, ADA, student life, and comprehensive efforts towards retention, degree completion, and student advancement.

The Dean of EMSS is responsible for the offices of Admissions and Records, Academic Counseling, Student Life, Career Services, Educational Opportunity Program, Financial Aid, Learning Communities, Student Retention (including the First Year Experience), Student Health (including Wellness), Academic Counseling, TRIO Programs (including Student Support Services, Educational Talent Search, and Upward Bound). [Board Resolution 14-29]

Dean, School of Business and Public Administration

Position Narrative

The Dean is the administrator of the School of Business and Public Administration, University of Guam, and reports directly to the Senior Vice President, Academic and Student Affairs. The Executive Director is responsible for policies, employee supervision, budgets, and general management of all activities related to the operation of the respective School, and for providing student and staff services in support of academic programs and other School initiatives.

Dean, School of Education

Position Narrative

The Dean of the School of Education is the academic and administrative leader of the School of Education and reports directly to the Senior Vice President, Academic and Student Affairs. The Dean is expected to exercise vision, ethical leadership and advocacy in academic affairs, scholarly and service activities of the School. This full-time administrative position is also responsible for policy implementation, faculty and employee supervision, class scheduling, load assignments, and general management of all activities related to the operation of the School of Education, and for providing student and staff services in support of academic programs. As a member of the senior administrative team for the University, the Dean will work successfully as part of a multicultural team.

The Dean of the School of Education will be appointed for his/her intellectual and administrative abilities, demonstrated success in education and research, judgment and qualities of leadership. The successful candidate has responsibility for the management of the School and for the implementation of University and School policies in all aspects of its operation. The Dean should have the ability to create an environment conducive to the growth of intellectual life within the School and to maintain the confidence and co-operation of the faculty, administrative' staff and students. He/she should be able to manage effectively and efficiently the external relations of their School, both within the University and in the wider community, so as to facilitate support for its educational and research activities. The Dean cooperates with the Financial Aid Office and the Board of Regents in the management of the Government of Guam funded scholarship program for educators. The Dean represents the School's policies and points of view, makes independent judgments on administrative matters within University policies and the Board of Regents/Faculty Union negotiated agreement (2008); and will be held to the highest standards of equity, fairness and integrity.

Dean, School of Engineering

Position Narrative

The University of Guam (UOG) Dean, School of Engineering is a member of the Senior Vice President, Academic and Student Affairs' cabinet providing leadership and vision in strategic planning and Engineering program implementation which contribute to the fulfilment of the University's strategic priorities. The Dean also leads academic quality, enrollment management, and student success initiatives, including the development and delivery of excellence in teaching, research, scholarship, and knowledge transfer/enterprise that enhances the quality of the student experience. In addition, the Dean operates within the policies, regulations, and framework of the institution, ensuring the physical and human resources are effectively deployed and managed. [Board Resolution 16-27]

Dean, School of Health

(Retrieved by Jonathan Nguyen. Could not locate BOR)

Position Narrative

This is an administrative position assigned responsibility for organizing and coordinating the planning, implementation and evaluation of the nursing and health science education programs at the University of Guam in relation to the school's academic master plan. Work also involves formulating and executing policies in the administration of the programs and providing nursing and health sciences education expertise to officers of the University of Guam. The nurse administrator, with the participation of the faculty, has authority and responsibility compatible with the general policies of the University of Guam for nursing and health sciences education.

Work is performed under the general oversight of the Senior Vice President (SVP). The employee in this role works closely with the SVP in day to day administrative matters and in dealing with the University community and the general public. Work also involves the coordination of faculty activities within the Nursing and Health Science Units. Performance outcomes are reviewed and evaluated through conferences with the SVP, submission of reports, and evaluation procedures established by the University of Guam.

Director, Center for Excellence in Developmental Disabilities Education, Research and Service (CEDDERS)

(Retrieved by Jef Limtiaco. Could not locate BOR)

Position Narrative

Under the general administrative direction of the Senior Vice President for Academic and Student Affairs, the Center for Excellence in Developmental Disabilities Education, Research and Service (CEDDERS) Director is responsible for the overall administrative duties of the unit. CEDDERS is one of 67 nationally designated Centers of Excellence. Directors must have, according to the DD Act which establishes such Centers and from which Core Funding is provided “Appropriate academic credentials; demonstrated leadership; expertise regarding developmental disabilities; significant experience in managing grants and contracts; and the ability to leverage public and private funds” DD Act Sec. 154 (a)(3)(G). In addition, the Director must also adhere to federal regulations governing each grant program under which CEDDERS receives federal funds. The Director is normally selected from among the faculty of the unit on a triennial basis by majority vote of the faculty. The Director has faculty retreat rights and, upon completion of his or her term and return to the faculty, will receive the same number of Step increases in the salary received as Director would have been received prior to the appointment over time served as Director.

Director, Marine Laboratory

Position Narrative

Under the general administrative direction of the Assistant Vice President for research and sponsored Programs, the Marine Laboratory (ML) Director is responsible for the overall administrative duties of the unit. By Board of Regents/Faculty Union agreement, the Director is elected by unit faculty. The Director has faculty retreat rights and, upon completion of his or her term and return to the faculty, will receive the same number of Step increases in the salary received as Director would have been received prior to the appointment over time served as Director.

Considering responsibilities are similar to other Acting Directors and Associate Directors salary range should be at least the same if not more depending on the duties, responsibilities and the associated work load (Average salary in comparable Land Grant institutions ranges from $120,000 to $150,000).

Director, Development and Alumni Affairs

Position Narrative

This is a full-time (12 month) administrative professional position reporting to the President for the University of Guam. The Director is responsible for institutional development programs and leads institutional fundraising. The Director coordinates contacts and services to alumni, develops and maintains alumni mailing lists and mailing, organizes receptions and other special alumni activities. The Director will support the efforts of the UOG Alumni Association, as well as other UOG Alumni chapters to enhance alumni relations with the University and to coordinate and encourage alumni involvement in the growth and development of the University.

Director, EEO and Title IX/ADA Coordinator

Position Narrative

The Director, EEO and Title IX/Americans with Disabilities Act (ADA) Coordinator, under the general direction of the Chief Human Resources Officer (CHRO), is responsible for managing the development, implementation, and coordination of, but not limited to, the following programs: Equal Employment Opportunity, Non-discrimination/non harassment compliance, Title IX, and Disability accommodations for students and employees. [Board Resolution 16-16]

Director, Financial Aid

Position Narrative

The Financial Aid Director, under the general administrative direction of the Dean of Enrollment Management and Student Services, is responsible for the provision of all federal, state, private, veterans, and institutional student financial aid programs. The Financial Aid Director supervises an office staff consisting of Program Coordinators; Administrative Assistant, Administrative Aide, Secretary, and many College Work Study (CWS) employees. This position involves planning, directing and evaluating a comprehensive financial aid delivery system in the context of an accredited 4-year university. The position provides a wide variety of financial aid services to the students at the University and supports the University accreditation, autonomy and strategic plans. The individual must be able to work with a diverse group of students with diversified cultural and educational backgrounds.

Director, Integrated Marketing Communications

Position Narrative

Under the direction of the President, the Director of Integrated Marketing Communications is the University's chief spokesperson, coordinator, developer, and manager of the University's overall branding, marketing, and public relations efforts. The DIMC works closely with senior management and constituencies on and off campus to define, develop, and implement institutional public relations and marketing strategies. These strategies will focus on developing the university's brand by increasing the University's visibility and image as a critical education, research, and service resource locally, regionally, nationally, and internationally. The DIMC works closely with the Dean of EMSS to develop enrollment target populations and to develop specific strategies to reach target markets.

Director, Richard Flores Taitano Micronesian Area Research Center (MARC)

Position Narrative

Under the general administrative direction of the Senior Vice President for Academic and Student Affairs, the MARC Director is responsible for the overall administrative duties of the unit. The Director has faculty retreat rights and may retreat to the faculty of MARC following successful completion of the original contract.

Director, Global Learning and Engagement

Position Narrative

The Director, Professional International Programs (PIP), under the general direction of the Vice President for Administration and Finance, is primarily responsible for providing professional development programs and services that extends the University’s educational outreach and enhances its responsiveness to our community and the Asia Pacific region consistent with the mission, strategic initiatives, accreditation standards, autonomy and academic freedom of the University of Guam. The PIP Director manages the Professional Development and Lifelong Learning Center (PDLLC); English Language Institute (ELI); English Adventure/ Edu-Tourism Program (EAP); Telecommunications and Distance Education (TADEO); Planetarium; and other outreach and grant programs.

The PIP Director supports the achievement of institutional purposes and educational objectives through the management of these programs in a profitable, entrepreneurial, market driven and outcomes-based manner. The PIP Director manages a staff of 16 and administers programs and services with gross revenues $1.3 million. Direct reports are the Assistant Directors of PDLLC and TADEO; Marketing Specialist; Planetarium Coordinator; Administrative Officer, Administrative Assistant, Extension Assistant (ELI), 3 ESL Instructors, and over 75 annually contracted instructors. The Director reports to the Vice President Administration and Finance on all matters and to the Senior Vice President with regard to academic matters relating to online learning courses developed through the Center for Online Learning and credit-bearing courses offered through PIP. [Board Resolution 12-10]

Director, Research and Sponsored Programs

Position Narrative

Under the direction of the Senior Vice President for Academic and Student Affairs, the Director of Research and Sponsored Programs will administer all aspects of the Office of Research and Sponsored Programs. This Director position is a 9-month administrator position. [Board Resolution 16-36]

Director, Residence Halls

Position Narrative

Under the general administrative direction of the Dean of Enrollment Management and Student Success (EMSS), the Director of Residence Halls is responsible for the administration and operations of the University's Residence Halls. The Director of Residence Halls is expected to provide a welcoming and vibrant community that fosters a clean, safe, and positive environment, enhances the student experience, and encourages students to develop their full potential. The Director of Residence Halls will conduct staff and student development, resident outreach, community building and attend to facilities and the administrative operations of the Residence Halls. Functional duties are described below and may be adapted to respond to the department's evolving needs.

This is a challenging professional position of an administrative and supervisory nature responsible for a self-supporting activity. The Director of Residence Halls works with wide latitude in the exercise of independent judgment and action to plan, organize, coordinate, and direct the operations of the University Housing Office. The position is required to work with groups of students from diverse cultural and educational backgrounds. Monthly and annual reports of the organizational, disciplinary, instructional, and financial activities of the University Housing Office are prepared, submitted, and reviewed through regular meetings with the Dean of Enrollment Management and Student Success.

Director, Water and Environmental Research Institute (WERI)

Position Narrative

Under the general administrative direction of the Senior Vice President for Academic and Student Affairs, the WERI Director is responsible for the overall administrative duties of the unit. The Director is normally selected from among the faculty of the unit on a triennial basis by majority vote of the faculty. The Director has faculty retreat rights and, upon completion of his or her term and return to the faculty, will receive the same number of step increases in the salary received as Director would have been received prior to the appointment over time served as Director.

Executive Assistant to the President

Position Narrative

The Executive Assistant reports directly to the President and is a member of the President's Senior Management Team. The Executive Assistant works closely with the President in the coordination of institutional research, strategic planning and other University-wide initiatives. The Executive Assistant functions as the University's Ombudsperson. The Executive Assistant is the protocol officer of the University who interacts with governmental and other representatives. The Executive Assistant provides administrative support to the Board of Regents and assists the Board with oversight, revision and maintenance of the rules, regulations and procedures of the University.

Grants Officer

Position Narrative

Under the direction of the Assistant Vice President for Graduate Studies, Research, and Sponsored Programs (GSRSP), the Grants Officer will appropriately plan, direct and manage the Office of Research and Sponsored Programs (ORSP) and activities to include seeking out grant and contract opportunities for the University of Guam. The Grants Officer will be responsible for pre-award grant writing, coordination of grant applications (to submissions and a database) and overall grant compliance to support the University's mission. [Board Resolution 14-29]

Internal Auditor

Position Narrative

The University of Guam (UOG) Internal Auditor reports directly to the Vice President of Administration and Finance (VPAF) and is responsible for the development of the University's internal audit capabilities and management of internal audit processes. The Internal Auditor will develop processes for grants management, reporting, audits, and compliance requirements. A significant component of the position is the assurance of the University's compliance with grant terms. [Board Resolution 18-25]

President

Position Narrative

The president will be a champion of academic rigor, innovative scholarship and effective teaching. He/she will endorse the intellectual value of non-academic programs, promoting the idea that learning takes place in a variety of environments. The president will serve not only as an institutional leader, but also a community leader and spokesperson. The president will be expected to promote UOG’s visibility and reputation by demonstrating strong leadership and personal integrity.

The president will need to ensure that current plans to reach out to adult learners, provide educational alternatives to military personnel stationed on the island, expand the online portfolio, and improve retention, come together to form a coherent strategy for managing and growing enrollment. He/she will lead by example, listening and learning from colleagues, personally setting the tone for discourse and will be an effective steward of natural, human and financial resources.

Senior IT Manager, Infrastructure Services and Information Security Officer

Position Narrative

Reporting to the Chief Information Officer, the Senior (Sr) IT Manager for Infrastructure Services and Information Security Officer will be responsible for planning, infrastructure deployment and operations, Information Security operations, policy development, and processes, performance measurement, and continuous improvement of the University of Guam's IT and Information Security Infrastructure, including its on- and off-site data centers and other computing and storage platforms and solutions. [Board Resolution 17-08]

Senior Vice President, Academic and Student Affairs

Position Narrative

Under the general administrative direction of the President, the Senior Vice President (SVP) will lead the academic mission of the University of Guam, demonstrate strong leadership qualities and interact with leaders and members in the community-at-large. The SVP is an active participant in all University strategic planning and decision-making activities.

University Legal Counsel

Position Narrative

The University Legal Counsel serves as the chief legal officer of the University whose primary function is to advise the President and other officers on a wide range of legal matters having legal significance to the management and operation of the University. The University Legal Counsel will be responsible for reviewing and drafting legal documents, and monitoring relevant federal and local statutes, administrative regulations and court decisions. The University Legal Counsel reports directly to the President, University of Guam.

Vice President, Administration and Finance

Position Narrative

The Vice President for Administration and Finance (VPAF), reporting to the President, is the executive officer responsible for finance, human resources, plant and facilities, information technology, field house and athletics, bookstore and food services, safety and security consistent with the mission, strategic initiatives, accreditation standards, autonomy and academic freedom.

The VPAF serves as a member of the President's cabinet and supports the achievement of institutional purposes and educational objectives through the formulation of strategic direction with the President and vice presidents, the development and implementation of policy, and the leadership of financial and administrative resources in a manner that creates a sustainable environment for student learning. Institutional dimensions, within which the VPAF operates, include: 3,900 students, gross revenues and appropriations ~$100 million (M), 830 full-time and part-time employees with personnel expenses $45M, assets $135M, investments $20M, and 22 major buildings on 600+ acres including a main campus and five satellite areas.

The VPAF manages a staff of over 100 and administers A and F budgets of ~$11M. Direct reports are Comptroller, Chief Human Resources Officer (CHRO), Chief Plant and Facilities Officer (CPFO), Chief Information Officer (CIO)/Information Technology Resource Center Director, Research Corporation Executive Director, Associate Budget and Administrative Processes Officer (ABAPO), Field House and Athletics Director, Triton Store and Auxiliary Services Director, Safety Supervisor and a contracted security force. [Board Resolution 14-19].

Adverse Action Procedures

This section is applicable to:

CLASSIFIED EMPLOYEES

For the purpose of this section, the term, "dismissal," shall not be interpreted to include:

A. Actions taken by the President referenced in the section on “Resignation, Termination and Clearance”; or

B. Action taken by the President in the termination of services of an original probationary employee.

[Click here for the Adverse Action Form]

Employee Discipline

A. Responsibility for Discipline

The President derives authority and responsibility for employee discipline under the provisions of Title 4 GCA, Chapter 4, Sub Section 4105. The President has the responsibility to remove, suspend, or demote to another position on a fair and equal basis, any employee in the classified service whose conduct or capacity is such that his removal, suspension or demotion will promote the efficiency of government service.

B. Delegation of Authority

The President may delegate responsibility for administration of day-to-day discipline to his line-management to include such progressive discipline, as oral admonitions/counseling, letters of warning, letters of reprimands, and recommendation of adverse actions.

C. Vested Authority

The President is the only official vested with the final authority to take adverse action, including removal, demotion, or suspension against an employee.

Job Protection Procedures in Employee Discipline Actions

A. All levels of supervisory and management officials share the responsibility for strict adherence to employee's job protection rights and considerations including:

1. Informal counseling at the first indication that an on-the-job or personal problem is affecting the employee's job performance.

2. A reasonable opportunity for the employee to correct inadequate performance including providing specific training to the employee to improve the level of his job performance, or to correct unacceptable habits or practices, such as tardiness or lack of attention to work requirements.

3. The right to reply to the notice of proposed adverse action that may result in a suspension, demotion or dismissal.

4. The right to reply to the notice of proposed adverse action and careful consideration of any reply; and

5. The right to appeal to the Commission as provided in the CSC Rules and Regulations Relative to Demotion, Suspension, Dismissal and Appeal of Adverse Actions.

B. The President shall require each immediate supervisor and Unit Head and Division Manager to receive orientation and training on the University's basic intent that discipline is a tool for correcting people in such a way as to produce satisfactory job performance. The use of discipline in a punitive manner is inconsistent with the University's concept of discipline as an opportunity to provide constructive correction.

Adverse Action Procedures

A. An employee must be given the final notice and statement of the charges pursuant to Title 4 GCA Section 4406, no later than sixty (90) days after management knew, or should have known the facts or events which form the alleged basis for the adverse action.

B. An employee covered by the Adverse Action Procedures may be suspended for not more than 30 workdays as the result of a single adverse action, nor may an employee be suspended for more than a total of sixty (60) workdays in a calendar year, as the result of multiple adverse actions taken by the University.

C. Copies of the adverse action rules and appeal procedures should be made available upon request by the employee.

Definition

A. Suspension: The temporary removal of an employee from his position with loss of pay as a disciplinary measure.

B. Demotion: The involuntary reduction in status of an employee for disciplinary reasons from specific class, to a position in another class, where the maximum rate of pay is less than the maximum rate of pay for the class which he had held, or a reduction to a lower salary step in the same class.

C. Dismissal: The termination of an employee for authorized cause of adverse action.

D. Day: Refers to calendar day unless otherwise specified.

Authorized Causes for Adverse Action

The President may remove an employee for such misconduct(s), which affect(s) the efficiency of the service. The authorized causes for adverse action include, but not limited to:

A. Fraud in securing appointment.

B. Refusal or failure to perform prescribed duties and responsibilities.

C. Violation of the University’s Drug Free Workplace Policy.

D. Falsification of records, such as, but not limited to reports, time records, information system records, leave records, employment applications, or other official University documents.

E. Insubordination, including but not limited to, resisting management's legitimate directives through actions and/or verbal exchange, or failure or refusal to follow supervisor's legitimate instructions to perform assigned work, or otherwise failure to comply with applicable established written policy(ies).

F. Reporting to work under the influence of, or when ability is impaired by the use of alcohol or the unlawful use of a controlled substance.

G. Unlawful manufacture, distribution, dispensing, possession or use of controlled substances while on the job or on the University's premises including while operating University's equipment.

H. Unauthorized absence.

I. Criminal convictions for felonies or misdemeanors that are nexus to the position while employed, including conviction of a moving traffic violation while operating University’s equipment.

J. Discourteous treatment of the public, customers or other employees.

K. Engaging in political activity prohibited by law.

L. Misuse or theft of government property.

M. Acts of physical violence or fighting endangering and threatening the life or safety of customers, employees, or the public.

N. Violation of safety rules and regulations.

O. Refusal to take and subscribe to any oath or affirmation which is required by law in connection with employment.

P. Acts prohibited by Title 4 GCA, Chapter 9, Section 9102 relating to strikes against the government.

Q. Threatening, coercing, harassing or acts of discrimination to employees, supervisor, customers or individuals, to include sexual harassment.

R. Refusal to take physical examination to include TB test. (Classified Employees)

S. Unsatisfactory performance.

T. Other misconduct not specifically listed.

Employees Covered

All employees in the classified service are covered by these rules, except for the following:

A. Contract employees whose contracts are not renewed upon expiration.

B. Probationary employees serving original appointments.

C. Employees on limited-term, temporary, seasonal, intermittent, part-time, provisional, or only for a specific project.

D. Employees who are exempt by law or other legal authority from the jurisdiction of the Commission with regards to adverse actions.

Adverse Action Covered

A. These rules apply to the following adverse actions:

1. Suspension;

2. Demotion (disciplinary action);

3. Dismissal.

B. The use of any combination of the adverse actions listed for the same offense is prohibited.

Notice of Proposed Adverse Action

An employee against whom adverse action is sought is entitled to immediate written notice stating any and all reasons, specifically and in detail, for the proposed action. The written notice must make it clear that it concerns only proposed action and not a matter already decided. A copy of the notice of proposed adverse action shall be submitted to the Commission. A copy of such action shall be filed with the University’s Human Resources Office and Civil Service Commission. The President or delegated management official may issue the proposed adverse action to the employee.

Employee's Answer

An employee is entitled to seek reconsideration of the proposed adverse action by answering any charges within 10 days after receipt of the notice. The answer may be made orally, in writing, or both. The President shall be available during the notice period to meet with the employee at the designated date and time requested by the employee. The President may designate a committee to hear the employee's answer. The employee may be represented by a person of his choice. The President must consider the employee's answers to the charges in the proposed adverse action notice. If the employee fails to answer during the notice period, the employee's inaction shall be construed as an answer, and the President may proceed with the adverse action upon expiration of the notice period. The employee is not prohibited from meeting the President during the notice period.

The entire ten (10) days for the employee to respond to the notice of proposed adverse action must expire before a final notice of adverse action is issued.

Suspension During Notice Period

A. An employee, against whom adverse action is proposed, must be retained in active duty status during the notice period. However, in an emergency situation an employee may be immediately suspended during the notice period under the following conditions:

1. The continued presence of the employee may interfere with the efficient operation of the University, or the health or safety of the employee or others.

2. Suspension is necessary to eliminate the possibility of deliberate damage to equipment, property, or important documents.

3. The employee's absence without authorized leave prevents the issuance of notice of proposed adverse action and the University's attempt to contact the employee was unsuccessful.

B. Suspension under this Section is a separate adverse action and it is appealable to the Commission within twenty (20) days of the effective date of the suspension. A copy of the notice of immediate suspension shall be filed with the Civil Service Commission not later than the working day next following the effective date of the suspension.

C. If the Civil Service Commission sustains the University's action in suspending the employee during the notice period, the number of days of suspension under this Section shall be considered part of the final disciplinary penalty and in no case shall the final days of suspension be more than thirty (30) workdays.

Leave Pending Investigation

In cases requiring investigations of allegations against an employee involving misappropriation of public funds or property, mistreatment of persons in a government institution or acts which constitutes a crime, the department/unit head may authorize the employee an administrative leave of absence with pay for up to twenty (20) workdays. The administrative leave may be terminated by the President by giving the employee twenty-four (24) hours written notice.

Employment Status During Imprisonment

A. An employee who is incarcerated pending disposition of a case by the court, and who does not have accrued annual leave, may be granted leave without pay at the discretion of the President.

B. The President shall determine whether to take adverse action against an employee so imprisoned or take such action as he deems necessary pursuant to laws and the University's Personnel Rules and Regulations. Nothing in this Section shall preclude the President from taking adverse action against an employee during imprisonment or upon release.

Final Notice of Adverse Action

A. An employee is entitled to written notice of the University's decision within ten (10) days after receipt of the employee's answer to the charge(s) except as provided in the Commission's Hearing Procedures for Adverse Action Appeals, and provided further that the President shall not issue a final decision during the notice period. The decision shall be made by the President, shall be delivered to the employee at or before the time the action will be made effective, except as provided in the Civil Service Commission's Hearing Procedures for Adverse Action Appeals. The notice shall be in writing; be dated; state the specific facts found upon which such action is based; inform the employee of his right to appeal to the Commission; and, inform him of the time limit of twenty (20) days within which an appeal may be submitted as provided in Section CSC-100(C) Civil Service Commission's Hearing Procedures for Adverse Action Appeals.

B. In the event the President cannot locate the employee, the Notice of Proposed Adverse Action and/or Notice of Final Adverse Action shall be sent, certified mail, to the employee’s last known address.

C. Prior to the final notice of adverse action, the President may conduct an inquiry or investigation into the charges and proposed action, including calling a meeting with the employee.

D. Copies of the final notice of adverse action shall be filed by the department/unit with the Civil Service Commission not later than the next workday following the effective date of the action. A copy of the final notice shall be retained by the University’s Human Resources Office.

Appeal to the Civil Service Commission

The Hearing Procedures for Adverse Action Appeals adopted by the Civil Service Commission shall be applicable for all Adverse Action Appeals Proceedings.

Service of Proposed and Final Notices of Adverse Action

The proposed and final notices of adverse action shall be personally served upon the employee. In the event the President cannot locate the employee, after reasonable efforts have been made to locate the employee, service of the proposed or final notices may be made by leaving the notice at the employee's dwelling or usual place of abode with some person of suitable age and discretion residing therein, or by registered mailing the notice to the employee at the last known address. Service by registered mail is complete upon mailing.

Guidelines for Disciplinary Offenses and Penalties

A. The list that follows is not intended to cover every possible type of offense affecting the efficiency of the service. Penalties for offenses not listed will be prescribed by the President.

B. Many of the items listed on this schedule combine several offenses in one statement, connected by the word "OR". Usage of the word “OR” in a charge makes it non-specific. Use only the items which describe the employee's actual conduct, and leave out parts which do not apply.

C. Penalties for disciplinary offenses will, in general, range from the minimum penalty to the maximum indicated. In unusual circumstances, depending on the gravity of the offense, the past record, and the position of the employee, a penalty outside the general range maybe imposed.

D. Suspension penalties on this schedule apply to workdays and holidays.

E. Depending on the gravity of the offenses, dismissal proceedings may be instituted against an employee for any number of offenses committed. A greater penalty may be imposed for any offense if the circumstances justify greater penalty.

F. A reprimand is not an adverse action under these rules; a management official need not apply the Adverse Action Procedures. The penalty of reprimand is included in the schedule of penalty to provide certain flexibility for management's discretion to institute progressive disciplinary action against an employee or group of employees.

G. Documents relating to reprimand(s) shall not remain in an employee's personnel record for more than one year from date of issue.

Range of Penalties for Stated Offenses

Reprimands – Suspensions – Dismissals

Reprimands, Suspensions, and Dismissals Table.

NATURE OF OFFENSE		FIRST OFFENSE		SECOND OFFENSE
NATURE OF OFFENSE		Minimum	Maximum	Minimum	Maximum
A	Unauthorized absence.	Reprimand*	Suspension	Suspension	Dismissal
B	Falsifying attendance record for oneself or another employee.	Reprimand*	Suspension	Suspension	Dismissal
C	Leaving job to which assigned at any time during working hours without proper permission.	Reprimand*	Suspension	Suspension	Dismissal
D	Unexcused or unauthorized absence on one or more scheduled days of work or assigned overtime.	Reprimand*	Suspension	Suspension	Dismissal
E	Unexcused tardiness.	Reprimand*	Suspension	Suspension	Dismissal
F	Actual or attempted theft of government property or property of others.	Reprimand*	Dismissal	Suspension	Dismissal

CONDUCT		FIRST OFFENSE		SECOND OFFENSE
		Minimum	Maximum	Minimum	Maximum
A	Criminal dishonest, infamous or notoriously disgraceful conduct adversely affecting the employee/ employer relationship (on duty or off duty).	Reprimand*	Suspension	Suspension	Dismissal
B	Disobedience to constituted authorities, or deliberate refusal to carry out any proper order from any supervisor having responsibility for the work of the employee; Insubordination.	Reprimand*	Dismissal	Suspension	Dismissal
C	Disorderly conduct; fighting threatening or attempting to inflict bodily injury to another; engaging in dangerous horseplay or resisting competent authority.	Reprimand*	Dismissal	Suspension	Dismissal
D	Disrespectful conduct; use of insulting, abusive, or obscene language to or about other personnel.	Reprimand*	Dismissal	Suspension	Dismissal
E	Falsification, misstatement, or concealment of material fact in connection with any official record.	Reprimand*	Dismissal	Suspension	Dismissal
F	False testimony or refusal to testify in an inquiry, investigation or other official proceeding.	Reprimand*	Suspension	Suspension	Dismissal
G	Knowingly make false or malicious statements with the intent to harm or destroy the reputation of authority, or other official standing of individuals or organizations.	Reprimand*	Dismissal	Suspension	Dismissal
H	Gambling or unlawful betting during working hours.	Reprimand*	Dismissal	Suspension	Dismissal
I	Promotion of gambling on Government premises.	Reprimand*	Dismissal	Suspension	Dismissal
J	Willful damage to Government property or the property of others.	Reprimand*	Dismissal	Suspension	Dismissal
K	Engaging in prohibited Political Activity (Appendix R) acts covered in Title 4 GCA Section 9102.	Suspension	Dismissal	Dismissal

DISCRIMINATION		FIRST OFFENSE		SECOND OFFENSE
		Minimum	Maximum	Minimum	Maximum
A	Discriminating against an employee or applicant because of race, color, creed, religion, age, sex, political affiliation, marital status, national origin, disability, sexual orientation or other prohibited discriminatory practices.	Reprimand*	Dismissal	Suspension	Dismissal

INTOXICANTS		FIRST OFFENSE		SECOND OFFENSE
		Minimum	Maximum	Minimum	Maximum
A	Reporting for duty or being on duty under the influence of intoxicants, unauthorized possession of or attempting to bring intoxicants on Government premises.	Reprimand*	Dismissal	Suspension	Dismissal
B	Reporting for duty while under the influence of a narcotic or dangerous drug, or use of same on Government property or on duty.	Reprimand*	Dismissal	Suspension	Dismissal
C	Authorized sale or transfer of narcotic or dangerous drug Government or property or during duty hours.	Reprimand*	Dismissal	Suspension	Dismissal

PERFORMANCE		FIRST OFFENSE		SECOND OFFENSE
		Minimum	Maximum	Minimum	Maximum
A	Careless workmanship resulting in spoilage or waste of materials or delay in production.	Reprimand*	Suspension	Suspension	Dismissal
B	Covering up or attempting to conceal defective work; removing or destroying same without permission.	Reprimand*	Suspension	Suspension	Dismissal
C	Failure or delay in carrying out orders, work assignments or instructions of superiors.	Reprimand*	Suspension	Suspension	Dismissal
D	Loafing, wasting time, or in-attention to duty.	Reprimand*	Suspension	Suspension	Dismissal
E	Sleeping on duty where life or property is endangered.	Reprimand*	Dismissal	Suspension	Dismissal
F	Unauthorized use or possession of, loss of or damage to Government property or the property of others.	Reprimand*	Suspension	Suspension	Dismissal

SAFETY		FIRST OFFENSE		SECOND OFFENSE
		Minimum	Maximum	Minimum	Maximum
A	Failure to observe precautions for personal safety posted rules, signs, written or oral safety instructions, or to use protective clothing or equipment.	Reprimand*	Suspension	Suspension	Dismissal
B	Violation of safety regulations which endangers life or property.	Reprimand*	Suspension	Suspension	Dismissal
C	Endangering the safety of or causing injury to personnel through carelessness.	Reprimand*	Suspension	Suspension	Dismissal
D	Failure to observe no smoking regulations or carrying matches in restricted areas.	Reprimand*	Suspension	Suspension	Dismissal
E	Violating traffic regulations, reckless driving on government premises, or improper operation of government motor vehicles.	Reprimand*	Dismissal	Suspension	Dismissal

Note: *A reprimand is not an adverse action under these rules; a managerial official need not apply the Adverse Action Procedure. The penalty of reprimand is included in the schedule to institute a progressive disciplinary action against an employee or group of employees. Reprimands shall not remain in an employee’s personnel record for more than one (1) year.

Applicants and Employees with a Disability

Policy/Procedure Statement

The University offers reasonable accommodations for an applicant or employee who is otherwise qualified, if the accommodation is reasonable, effective and will not alter a fundamental aspect of a University program, nor will otherwise impose an undue hardship on the University, and/or there are not equivalent alternatives.

Reason for the Policy/Procedure

In accordance with the Americans with Disabilities Act (ADA) of 1990 and the Rehabilitation Act of 1973, the University does not discriminate against students and applicants on the basis of disability in the administration of its educational and other programs. The University will reasonably accommodate individuals with disabilities, as defined by applicable law, if the individual is otherwise qualified to meet the fundamental requirements and aspects of the program of the University, without undue hardship to the University. Harassment on the basis of disability issues is prohibited.

Scope of Policy/Procedure and Exclusions

The policy applies to all faculty, staff, administrators, supervisors, employees, and applicants for employment with the University.

Disability-based harassment is prohibited by the policy for Equal Employment Opportunity and Non-Discrimination/Non-Harassment, a copy of which is on the University website. All complaints of such harassment should be presented using that policy and in the event of any questions, please contact the Institutional Compliance Officer at 735-2244/2971 or 735-2243 (TTY).

Who Should Read this Policy/Procedure

The policy applies to all faculty, staff, administrators, supervisors, employees, and applicants for employment with the University.

Responsibilities

This policy is maintained by the EEO/ADA and TITLE IX Office. The EEO/ADA and TITLE IX Office and Director, EEO and Title IX/ADA Coordinator will review this policy on at least an biannual basis, with the assistance of an advisory group consisting of faculty, staff, and may include community representatives selected by senior leadership of that office. The review will capture evolving legal requirements, evaluate the supports and resources available to the parties, and assess the effectiveness of the accommodative process.

Definitions

Individual with a disability is a person who: (a) has a physical or mental impairment which substantially limits one or more major life activities (such as walking, seeing, speaking, learning, or working); or (b) has a record with the University by which the University has in fact recognized the individual as having such impairment.

Qualified employee or applicant is an individual with a disability as defined by this policy and applicable law, who has the skills, experience, education and other job-related requirements necessary for the position; and is able to perform the essential functions of the job with or without a reasonable accommodation.

Accommodations means “any change that will assist a disabled person in doing a job.”

The University will provide reasonable accommodations to qualified individuals with disabilities, including both applicants and employees, unless doing so would cause an undue hardship.

Feedback

University staff and students may provide feedback about this document by emailing eeo-ada@triton.uog.edu

The Policy/Procedures

General Procedure for Seeking Accommodations:

An employee or applicant who requires an accommodation, aid or assistance measure (hereinafter called “accommodations”), and who believes s/he is qualified under the University’s policy, should contact the Director, EEO and Title IX/ADA Coordinator at 735-2971 or 735-2243 (TTY).

Process to Request Accommodation:

An employee or applicant who seeks an accommodation should first contact the ADA Coordinator. Employees/Applicants must meet with the Director, EEO & Title IX/ADA Coordinator to identify needs and discuss accommodations. University request forms for accommodation will be provided. Documentation is necessary to establish a disability and the need for accommodations.

"Generally, it is the responsibility of the employee to inform the employer that an accommodation is needed."

Complete Employee Request Form (6 questions, Healthcare Provider Verification) and submit to EEO Office.

Meeting with Employee and Unit Administrator.

Letter for Accommodations or Denial Notice.

Appendix / Appendices

Employee Request for Disability Accommodation and Services Form

Appointment in an Acting or Interim Administrative Capacity

This section is applicable to:

ADMINISTRATIVE AND FACULTY EMPLOYEES

An individual appointed in an “acting” capacity serves in the absence of a permanent appointee whereas one appointed in an “interim” role serves through a period between permanent appointees.

The President shall determine whether an appointment is "acting" or "interim."

Acting

In “acting” appointments, an individual is charged with the duties of another because that original person is prevented – whether by suspension from office or incapacitation (as in an illness, accident, or absence) – from executing their responsibilities.

1. When an authority (President, Vice President, Administration and Finance, or Senior Vice President, Academic and Student Affairs) has received notification that an administrator under their supervision is prevented from executing their responsibilities, the authority shall draft a memorandum designating a named individual to an “acting capacity.”

a. The memorandum will state the employee’s name and their position title of the individual to be on leave, the anticipated time frame, and the employee that will be designated to an “acting capacity” during the stated effective time frame.

b. If no date of return is foreseeable the authority may determine the “acting capacity” to be in effect “until further notice.”

2. The authority will route the memorandum to the Business Office for certification of funds only if the appointment period will be greater than 30 calendar days.

3. The authority shall route the memorandum to the President for approval or disapproval.

a. Once approved, the memorandum may be routed to the Human Resources Office for record purposes regardless of effective time frame of the “acting capacity” appointment.

b. If the President has disapproved the request, seek advice and begin the process anew if necessary.

4. An acting administrator shall continue to be paid a salary at the same rate that was received prior to such acting appointment for the first thirty (30) calendar days.

a. After thirty (30) calendar days, compensation shall be retroactive to the first day of the “acting” appointment.

b. An “acting capacity” administrator shall be compensated at the salary as determined by section (C) below.

c. The Human Resources Office will prepare a personnel action for the “acting capacity” appointment after thirty (30) calendar days and retroactive to the first day of the “acting capacity” appointment.

A full-time Faculty member who chooses to accept an administrative position in an acting capacity (without going through the formal search process). Absent extraordinary circumstances, if an Administrator takes leave of four (4) weeks or less, Faculty shall not serve as the short-term acting Administrator.

A Faculty member choosing to accept a position as an acting Administrator retains his or her status as a Faculty member for a maximum period of one (1) year (365 consecutive calendar days) only for the purpose of applying for promotion or tenure. This time period as an acting Administrator shall count towards satisfying time in rank/employment requirements for promotion or tenure. In all other aspects, that individual shall be considered an Administrator.

[Board of Regents/Faculty Union negotiated agreement (2013)]

Interim

In the case of “interim” appointments, the person is temporarily filling the vacancy caused by the creation of a necessary position not previously held or a resignation or permanent removal of an employee pending the filling of the vacancy with a permanent appointee.

1. The authority shall draft a memorandum requesting a named individual to an “interim” position.

a. The memorandum will include the name of the individual, program/college, account number(s), position title, type of position, effective start and end date, salary in annum, hours to work, and benefits covered.

b. An interim position is subject to an employment period of one (1) year, with the option of renewal upon annual evaluation by the direct supervisor.

c. The memorandum is to be routed through the appropriate authorities for approval or certification beginning with the Dean of the program/college, Business Office for certification of funds, Chief Human Resources Officer, the hiring authority, and the President.

2. Once approved by the President, the memorandum may be returned to Human Resources Office for the processing of a personnel action.

a. If the President has disapproved the request, seek advice and begin the process anew if necessary.

3. An interim administrator shall be compensated at the salary as determined by section (C) below immediately upon appointment to the interim position by the President.

Acting and Interim Salary

1. A nine-month (9) faculty member so appointed shall be paid at the salary level of the administrative position that is equal to the first quartile (Q1) of the Administrative Salary Scale or the sum of his or her equivalent twelve-month faculty salary, plus a two-increment salary increase, whichever is greater. Accrual of prorated annual leave may begin if the acting appointment extends beyond thirty (30) calendar days, or immediately in the case of an interim appointment.

2. A twelve-month (12) faculty member shall be paid at the salary level of the administrative position that is equal to the first quartile (Q1) of the Administrative Salary Scale or the sum of his or her twelve-month salary plus a two-increment salary increase, whichever is greater and shall continue to accrue annual leave.

3. An administrator who accepts a higher administrative position in an acting or interim capacity shall be paid at the salary level of the administrative position that is equal to the first quartile (Q1) of the Board-approved Administrative Salary Scale or the sum of his or her administrative twelve-month salary plus a two-increment salary increase, whichever is greater, and shall continue to accrue annual leave.

a. The salary approved by the president for both the acting and interim administrators will be based on the current University of Guam’s Board-approved Administrator’s Salary Scale. In the absence of an approved pay range for an interim appointee within the most current UOG BOR-approved Administrator Salary Scale, an ad hoc pay range will be established based on the appropriate Administrative Compensation Survey by College and University Professional Association for Human Resources from which the current UOG Administrator’s Salary Scale was based. Along this vein, where an adjusted BOR-approved Administrator Salary Scale is based on a new reference, that reference will be used instead to determine the ad hoc pay range. [Board Resolution 13-25]

4. The “acting” or “interim” appointee’s evaluation date and salary increase shall be based on their primary position.

5. Upon termination of the acting or interim appointment, the faculty or administrator shall resume his or her regular appointed faculty or administrative position and the salary thereof and all merit increases earned during the period of the acting or interim appointment.

Appointment of Faculty to Administrative Positions

A person who is appointed to an administrative position, and who is a current faculty member of the University, shall retain his or her faculty rank during the time that he or she serves in the administrative capacity to which he or she is appointed. The only exception will be a case where discontinuation of faculty status is one of the agreed upon conditions of the administrative appointment.

Upon completion of the administrative service period, a person who is terminated for reasons other than “cause” shall have retreat rights to faculty status, in a capacity mutually acceptable to the individual and to the institution’s management. Upon completion of his or her administrative service and return to faculty position, the faculty member will receive the number of step increases in the salary received prior to the administrative appointment that would have been received over the period of time the faculty member has served as administrator. If the administrative service period is longer than ten (10) years, the President may, at his discretion, allow a faculty member who was serving as an Associate Professor or Assistant Professor to be slotted in as a Professor.

A person who has served in a full-time administrative capacity shall have the right to request and obtain an extension of the time within which tenure must be obtained. This is in recognition of the fact that in his or her administrative capacity a person may not have had sufficient opportunity to engage significantly in endeavors required for tenure eligibility. The time extension granted will not exceed the time spent as an administrator.

Classified Employee Policies

This Section establishes the fundamental character of the system of personnel administration governed by these rules and regulations, consistent with the merit principles and the principles of equal employment opportunity; provisions of Title 4 of the Guam Code Annotated (GCA); and other paramount laws pertaining to the employment of classified employees at the University of Guam.

Coverage

A. These rules shall apply to all employees occupying classified positions employed by the University of Guam, hereinafter referred to as "University."

B. Unclassified or non-classified employees occupying positions at the University are not governed by these rules and regulations, unless otherwise identified. Furthermore, Academic Personnel are not covered by these rules pursuant to Title 17 GCA Chapter 16 Section 16113.

C. These rules and regulations may be supplemented by administrative policies and procedures established by the President of the University.

Guiding Personnel Principles

The following merit system principles shall guide personnel administration:

A. Recruiting, selecting applicants and advancing employees on the basis of their knowledge, abilities, and skills;

B. Providing a uniform compensation policy pursuant to Title 4 GCA Chapter 6 Section 6201;

C. Training employees to improve performance;

D. Retaining employees based on their performance;

E. Classifying positions systematically through job evaluation; and

F. Providing fair, expedient and responsive processes for grievance, adverse action, and conflict resolution.

Availability of Funds

Employment in the classified service is subject to the availability of funds, except where

otherwise specified.

Equal Employment Opportunity

A. The University is an Equal Employment Opportunity Employer and Provider. It is the policy of the University that there shall be no discrimination in employment against any person on the basis of race, color, religion, age, sex, political affiliation, marital status, national origin, disability, or sexual orientation, except for bona fide occupational qualifications or legal requirements. Employees should refer to the University’s EEO/ADA & Title IX Office for further information.

B. Pursuant to Title 4 GCA, Chapter 4, Section 4701, sex discrimination includes Sexual Harassment. Sexual harassment is a specific form of prohibited harassment which occurs when an individual’s behavior constitutes (1) unwelcome sexual advances, or (2) unwelcome requests for sexual favors, or (3) other unwelcome verbal or physical behavior of a sexual nature where:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or

2. Submission to, or rejection of, such conduct by an individual is used as a basis for employment decisions affecting the individual’s welfare, or

3. Such conduct has the purpose or effect of unreasonably interfering with an individual's welfare, academic, residential life or work performance, or creates an intimidating, hostile, or offensive educational, living or work environment at the University.

C. The University shall implement Equal Employment Opportunity (EEO) programs pursuant to the guidelines of Federal and Local Statutes.

D. The EEO program calls for positive results-oriented action toward equal opportunity. Affirmative efforts will be made by the President to assure equal opportunity in employment and to assure non-discrimination in programs and activities offered and/or conducted by the University.

E. For this EEO program to become a management objective, all levels of management which includes the first line supervisors, will continue to be trained in the legal requirements of equal employment opportunity.

Penalties

Any penalty imposed on any employee for violation of these rules shall be in accordance with applicable rules, regulations, and statutes.

Gender

Pursuant to Title 1 GCA, Chapter 7, Section 715, words used in the masculine gender include the feminine.

Statutory Conflict

A. In the event any rule or regulation is in conflict with statute, the statute shall prevail.

B. In the event that any rule or regulation is amended or repealed explicitly by a public law, the new law shall prevail.

Severability

If any part of the Personnel Rules and Regulations are held inorganic then the remaining Personnel Rules and Regulations shall continue in force and effect.

Administration

Statement of Policy

This policy sets forth the responsibilities of the President as defined in Title 17 GCA Section 16108 in the implementation of the University of Guam Charter; Title 4 GCA; these Personnel Rules and Regulations; and other laws.

Authorities Defined

President – Shall mean the President of the University of Guam pursuant to Title 17 GCA Chapter 16 Section 16110.

Board of Regents – Shall mean Board of Regents of the University of Guam pursuant to Title 17 GCA Chapter 16 Section 16104.

Commission – Shall mean the Civil Service Commission of the Government of Guam pursuant to Title 4 GCA Chapter 4 Article 4 Section 4401.

Unit Heads and Division Managers – Shall mean Vice Presidents, Deans, and Directors of the University of Guam pursuant to Title 17 GCA Chapter 16 Section 16108.

Immediate Supervisor – Shall mean one who supervises the work of employees to include approval of leave requests and performance evaluations pursuant to Title 17 GCA Chapter 16 Section 16108.

Responsibility of the President

A. The University of Guam Charter, the provisions of Title 4 GCA and Title 17 GCA Division 3 and these rules and regulations, and other applicable statutes shall control the administration of classified personnel within the University.

B. The President shall:

1. Be responsible for the implementation and enforcement of these Personnel Rules and Regulations and all other applicable statutes pursuant to Title 17 GCA Chapter 16 Section 16110.

2. Advise the Board of Regents and employees on policies and procedures concerning personnel management matters pursuant to Title 17 GCA Chapter 16 Section 16110.

3. Maintain an adequate monitoring system to ensure statutes, executive orders, rules, regulations, and standards relating to personnel management are properly carried out. Whenever the review with established policies, rules, regulations, and standards reveal that there have been infractions, the President shall take such affirmative resolution as may be appropriate to obtain compliance pursuant to Title 17 GCA Chapter 16 Section 16108.

4. Develop and promulgate policies, rules, regulations, and standards to promote the efficiency of services pursuant to Title 17 GCA Chapter 16 Section 16110.

Code of Conduct

Statement of Policy

All classified employees are expected to maintain the highest standards of conduct to ensure that University services are properly performed consistent with the mission of the institution.

Ethical Conduct and Responsibilities of Employees

A. Public service is a public trust. Employees are expected to follow/adhere to the U.S. Constitution, the Organic Act of Guam, and to perform their duties and responsibilities ethically and in accordance with laws.

B. Employees shall put forth honest effort in the performance of their duties.

C. Employees shall be courteous and helpful to employees, students, and members of the public.

D. Employees shall respect supervisory authority and follow legitimate supervisory instructions.

E. Pursuant to Title 4 GCA Chapter 15 Article 2 Section 15205 employees shall not hold financial interests in any organization and/or business where there is potential conflict with their duties and position held.

F. Pursuant to Title 4 GCA Chapter 15 Article 2 Section 15203 employees shall not engage in financial transactions using confidential, private or non-public information or allow the improper use of such information to further any private interest.

G. Pursuant to Title 4 GCA Chapter 15 Article 2 Section 15201 employees shall not, except as permitted by statute or regulation, solicit or accept directly or indirectly any gift or other item of monetary value greater than $200.00 from any person or entity seeking official action from, doing business with, or conducting activities regulated by the University or government, to include persons whose interests may be substantially affected by the performance or non-performance of the employee's duties, or that of the University.

H. Pursuant to Title 17 GCA Chapter 3 Section 3103.1 employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the University.

I. Pursuant to Title 5 GCA Chapter 5 Section 5626 employees shall not use public office for private gain.

J. Employee shall protect and conserve University and shall not use it for other than authorized activities.

K. Pursuant to Title 4 GCA Chapter 15 Article 2 Section 15205 employees shall not engage in unauthorized outside employment or activities, including seeking or negotiating for employment that conflict with official University or government duties and responsibilities.

L. Employees shall, in good faith, disclose waste and abuse and corruption to the President and in doing so shall be protected from reprisal.

M. Employees shall respect the rights and privacy of other employees and shall not use their position, authority or other means, to injure another person or employee for personal reasons or malicious purposes.

N. Pursuant to U.S. Public Law 100-690 and Title 10 GCA Chapter 75 employees shall refrain from unlawful use of drugs and alcohol while on University grounds and off-campus facilities. Drugs shall mean those identified in the Drug-Free Workplace Policy (DFWP) as approved by the Board of Regents found in Chapter 15 and Appendix A.

O. Pursuant to Title 10 GCA Chapter 90 Section 90106 employees will adhere to the tobacco free policy on campus.

Oath of Office

All persons employed by the University or accepting employment with the University shall subscribe and certify to the prescribed loyalty oath. This oath may be administered by the President, or the employees designated by him at the time of employment processing. Failure to take such oath, or certifying falsely to such oath, shall be cause for disciplinary action, dismissal or rescission of employment offer.

Nepotism

A. Spouses and persons within the first degree of relation, such as, brother/sister or parent/child, may not be employed with the University in a direct supervisor-subordinate relationship in the classified or unclassified service. Exception to this rule may be made when it is in the best interest of the University and upon the approval of the President.

B. Pursuant to Title 4 GCA Chapter 4 Article 2 Section 4105(d)(2) no spouse of any Unit Head and Division Managers within the University may be employed in a college / unit headed by such person.

C. Pursuant to Title 4 GCA Chapter 4 Article 2 Section 4104 whenever there are already two or more members of an immediate family in the public service under the University, no other members of such family shall be eligible for appointment to any such division; provided, however, that such prohibition shall not apply to employees in the medical, paramedical field. As used in this Section, “immediate family” means a collective body of persons living together in the same house.

Convicted Felons

A. No person who is convicted of a felony concerning family violence (not a misdemeanor) after August 14, 1998, is eligible to hold a managerial or supervisory position. (Title 4 GCA Section 4203.2)

B. No person convicted of a sex offense under the provisions of Title 9 GCA Chapter 25 or an offense in any jurisdiction which includes, at a minimum, all of the elements of said offenses, or who is listed on the Sex Offender Registry shall work for the University. (Title 4 GCA, Chapter 4, Section 4203.3)

C. The University shall not request that a police or a court clearance be provided as part of the application for employment; however, upon a conditional offer, the University may request an employee provide evidence as to any pending criminal cases or criminal history. (Title 22 GCA, Chapter 6)

D. The University shall not make an inquiry about, or require the disclosure of, an applicant’s arrest record or criminal cases which resulted in dismissal, expungement, sealing, or did not result in a conviction. (Title 22 GCA, Chapter 6)

Methods of Communication

Electronic forms of communication, e-mail, and Internet use have become an efficient, fast, and cost-effective method of communication that has many advantages over printed communication. Because of the importance of this type of communication, e-mail is considered one of the official forms of communication at the University. University confidential information must not be shared outside of the University, without authorization, at any time.

Telephones, computers, voice mail, email, and Internet usage assigned to an employee are solely for the purpose of conducting University business. Some require access to the Internet and the use of software. Software needed, in addition to the Microsoft Office suite of products, must be authorized by the Department/Unit Head and downloaded by the Office of Information Technology staff. Only employees appropriately authorized, for University purposes, may use the Internet or access hardware, software, and networks. Subject to any violation of University’s IT Policy, this policy and procedure is subject to disciplinary action as noted on Rule 11.402.

Confidentiality

University confidential information must not be shared outside of the University, without authorization, at any time. The University owns any and all communication sent via email or that is stored on University equipment. The Unit Heads and Division Managers, and other authorized staff have the right to access any material in the employee’s email or on his computer at any time. Electronic communication, storage, or access should not be considered private if it is created or stored at work.

Filling Positions in the University

Statement of Policy

This policy implements a system of recruitment and selection of University classified employees in accordance with the merit system principles and Equal Employment Opportunity guidelines.

Appointment Through the Merit System

Recruitment and Examinations

A. Recruitment of persons for employment in the classified service within the University shall be accomplished consistent with the merit principles of recruiting, selecting applicants, and advancing employees on the basis of their relative knowledge, abilities and skill.

B. A person may be employed in the classified service contingent upon the availability of a grant, federal program or federal funds. An appointment in the classified service may be commensurate with the duration of a grant, federal grant, federal program or federal funds including renewals and extensions (Title 4 GCA, Chapter 4, Subsections 4103 (g)).

C. A person may be employed in a professional level position in the classified service for a specific project or program. An appointment in the classified service may be commensurate with the duration of a specific project or program (Title 4 GCA, Chapter 4, Subsection 4103 (h)).

Filling of Vacancies

A. No person shall be appointed to, or employed in, or paid for service in any classified position until that position has been established, funded, and allocated to its proper class. No person shall be allowed to begin work before such person submits an employment application, is placed on the eligibility list as "eligible" for the position applied for, and is certified, selected, and processed under University competitive examination. This applies to all initial and promotional appointments. Exception to the establishment and certification requirement may be made for transfers, demotions, and reinstatement immediately after active military service and temporary appointments consistent with these rules.

B. Competitive examinations shall also apply to the following:

1. Demotion to a position with Known Promotion Potential (KPP) per section 4.505 within a class series;

2. Transfer to a position with KPP per section 4.501 within a class series;

3. Reinstatement or reemployment to a position with KPP per section 4.502 and 4.503 within a class series;

4. Appointment to a position with KPP within a class series.

C. All employees and applicants selected and offered employment with the University must have a test for tuberculosis (skin or x-ray) performed and found free of communicable diseases by a physician licensed to practice within a state or territory of the United States prior to starting employment and annually thereafter. For retirement purposes, physical examinations must be done within sixty (60) days from hire date (Title 10 GCA, Chapter 25, Section 25103).

D. Applicants selected for and offered employment with the University shall undergo and pass a mandatory Drug test and examination before hire date. Failure to submit to, or pass such Drug test and shall be grounds for rescinding the offer of employment, unless the applicant is undergoing treatment through a rehabilitation program approved or recognized by the Department of Mental Health and Substance Abuse, in which case the applicant must successfully complete the program within the prescribed time before being employed.

Employees selected for Testing Designated Positions (TDP) will be tested as provided in ______location______.

All expenses incurred shall be borne by the applicant or employee pursuant to these provisions. As used in this Section, “applicant” refers to those individuals who are applying for initial employment within the University, promotion/transfer/demotion from other Government of Guam agencies and reemployment/reinstatement.

Certification from Eligibility Lists

All initial and promotional appointments to University positions shall be made through certifications from eligibility lists resulting from competitive examinations and for selections covered under the Merit Career Plan and Preferential Hiring for Scholarship Recipients (Title 4 GCA, Chapter 4, Section 4104.1).

Order of Use and Limitation on the Establishment of Lists

The order listed below shall be followed in the use of the eligibility lists, and the President shall be limited to selection from the top five (5) or ten (10) Labor/Custodial found on these lists the order of precedence herewith established with the exception of Preferential Hiring for Scholarship Recipients (Title 4 GCA, Chapter 4, Section 4104.1):

A. All qualified Student Financial Assistance Program (SFAP) recipients shall be certified ahead of all other qualified applicants on an eligibility list. Certifying with other qualified applicants is prohibited.

B. University-wide

1. Priority Placement/Lay-off Reinstatement List

2. Promotional List

C. Government-wide or Open

1. Preferential/Priority Placement/Lay-off Reinstatement Lists

2. Reemployment List

3. Promotional List/Open Competitive List

Recruitment

Announcement of Recruitment and Examination

A. Whenever there is a need to establish a list of eligibles, the Chief Human Resources Officer shall publish and disseminate announcements of recruitment and examination on a University-wide, Government-wide and/or Open competitive basis, and shall cause such announcements to be posted throughout the University, government of Guam instrumentalities, departments and agencies. Other methods of announcing examinations may be used at the discretion of the Chief Human Resources Officer so as to better disseminate information to the employees and the public.

1. University-wide competitive examinations shall be held to allow all interested and qualified permanent status employees occupying classified positions within the University the opportunity to compete for vacant positions.

2. Government-wide or open competitive examinations may be held when, in the judgment of the Chief Human Resources Officer, there are insufficient number of qualified applicants within the University for adequate competition and flexibility of selection. The Chief Human Resources Officer shall determine the need for open competitive announcements.

B. Open competitive examinations may be re-announced when the Chief Human Resources Officer determines that there are less than five (5) / ten (10) -Labor/Custodial individuals meeting the qualifications for the class.

C. The President may request for certification of eligibles even if there are less than five (5) /ten (10) – Labor/Custodial on the eligibility listing.

Maintenance or Distribution Lists

The Chief Human Resources Officer shall establish and maintain distribution lists of public and private agencies or groups, by occupation or other appropriate categories, to which appropriate examination announcements or other information regarding prospective examinations shall be uploaded onto the University’s Human Resources website and further dissemination to prospective applicants on the Guam Department of Labor website.

Content of Recruitment and Examination Announcements

Each recruitment and examination announcement for an original appointment or promotion shall contain the title of the class, applicable pay grade, selective certification when applicable, character of duties and responsibilities and illustrative sample of duties to be performed, closing date and place for filing applications, minimum qualifications for entry into the position, and other information deemed necessary by the Chief Human Resources Officer. Appointments other than from an eligibility list, for example by transfer, demotion, or reinstatement shall be bound by the minimum qualification requirements.

Minimum Period of Recruitment

A. Job announcements shall be posted for a minimum of ten (10) working days.

B. The Human Resources Office may post job announcements on a continuous basis. Notice of the final closing of an announcement shall be sent to the original distribution list at least five (5) days prior to the final closing date for receipt of applications.

C. The Human Resources Office may extend the period for receipt of applications. Announcement of an extension shall be disseminated to the original distribution list for posting.

The Application Form

A. The Human Resources Office shall prescribe a form to be used by applicants, which shall require information covering experience, training, and other pertinent data, indicated as being necessary in the examination announcement. Applications shall be signed and the truth of all statements therein certified to by such signature.

B. No one may make any pre-employment inquiry about a disability or about the nature or severity of a disability on application forms, job interviews, or in background or reference checks (Title 29 Code of Federal Regulations, Chapter 14, Section 1630.13(a)).

C. Medical information received on an employee as a result of an employment requirement shall be filed separate and apart from the employee's active personnel records.

Acceptance of Employment Applications

A. Applications for competitive examinations shall be accepted during the filing period specified in the examination announcement. All applications submitted shall be date stamped to indicate the date received by the Human Resources Office.

B. Applications submitted online by midnight Chamorro Standard Time of the announced last day for filing applications in order to be accepted.

C. Late applications for competitive examinations may be accepted if the examination has not been administered and an eligibility list established subject to the approval of the Chief Human Resources Officer. The reasons for such acceptance shall be duly documented.

Evaluation of Applications

A. An eligibility list shall be established within sixty (60) business days after the closing date of the position announcement. Failure to establish an eligibility list within sixty (60) business days of the closing date will require that the position be re-announced with a new closing date and that all applications previously received shall be re-stamped and re-accepted to coincide with the new announcement period.

B. The closing date of the announcement shall be the ending date to credit the job applicant's education, experience and training for the position applied for. For continuous job announcements, the ending date to credit the job applicant's education, experience and training shall be the date of application.

Rejection of Applicants

The Human Resources Office shall not be required to accept applications or, after acceptance and evaluation, establish an applicant as eligible on an eligibility list or allow an applicant admission to an examination when any of the following conditions exists:

A. Conviction of a crime within seven years from date of application, which bears a nexus to the position applied for, unless otherwise required by statute.

B. Refusal or failure to furnish documents required verifying any statements made in the application.

C. Intentional false statements, deception or fraud omission in the application process.

D. Failure to attest to the accuracy of information presented on the application.

E. Failure to submit an application within the announcement period, with exception of Rules 4.106B and 4.106C.

F. Evidence that the applicant has been removed from his position within the University, other Government departments or agencies, or otherwise for reasons, which would render him, unsatisfactory for the position and for the class for which he is applying.

When any such finding is made, the Chief Human Resources Officer shall reject the application and notify the applicant of such action.

Notification of Rejection of Applicants

A. A rejected applicant shall be notified promptly of such action and reasons for rejection within ten (10) workdays of the rejection.

B. Whenever an application has been rejected prior to a scheduled examination (assembled), notice thereof, with the reason or reasons for such rejection, ample time shall be given to permit the applicant to respond in writing, or to amend an incomplete or defective application at least three days before the date of the examination. If sufficient time is not available for this purpose, the applicant may be admitted to the examination with the condition that the applicant shall not be certified as eligible until all the established requirements for eligibility are met.

Examinations

Scopes and Character of Examinations

A. Competitive examinations shall be held for original appointments and promotions and shall be job-related in nature and designed to reveal the capacity and fitness of the applicant to satisfactorily perform the characteristic duties of the class or position for which the examination is held.

B. Any accepted personnel examining technique may be used, including a verification and evaluation of education, training and experience, tests of skill, knowledge, ability, intelligence or aptitude, medical examinations, appraisals of personal suitability, and any other matters that the Chief Human Resources Officer deems appropriate.

C. All examinations shall be either or both:

1. Assembled, wherein the applicants assemble in a designated place at a specific time to take written, oral or performance tests pertinent to the position(s) sought; or

2. Unassembled, wherein interested persons responding to an examination announcement, submit to designated places and by designated times, their records of education, training, experience and such other information as requested in the announcement be evaluated and rated by a qualified analyst or by a board of rating examiners.

Parts of Examination

A. The examination may consist, in various combinations, of selection criteria such as work sample and performance tests, written tests, individual or group oral examinations, assessment center exams, medical examinations, rating of training and experience and background and reference.

B. An applicant for any examination must pass all parts of that examination with a minimum of 70.00 in order to qualify for appointment to a position.

Education and Experience

A. The minimum requirement of a high school diploma or a successful completion of a General Educational Development (GED) Test, or any equivalent of a general education high school program, to include the “Onra I Manfayi” program (Title 17 GCA, Chapter 3, Section 3219), or a successful completion of a certification program from a recognized accredited or certified vocational technical institution, in a specialized field shall be required for the job (Title 4 GCA, Chapter 4 Section 4101(c) and Public Law 29-113).

B. If education and experience form a part of the total examination, the Chief Human Resources Officer shall determine a procedure for the evaluation of the education and experience qualifications of the various applicants. The criteria used in appraisal shall give regard to recency and quality, as well as, quantity of experience and to the pertinence of the education. This procedure shall allow for the substitution of the education for experience and experience for education within the limits stated in the class standards.

Development and Validation of Tests

Tests for each examination shall be developed and validated in compliance with EEO objectives and merit system principles, and in accordance with professionally approved validation strategies, such as, content, criterion related or construct validation where it is technically feasible.

Admission to Compete in Assembled Examinations

Persons submitting applications during the period specified in the examination announcement shall be admitted to compete in the examination provided that it is clearly shown that requirement for admission is met. Where doubt exists as to whether or not the applicant meets the minimum requirements for admission to the examination, the Chief Human Resources Officer may authorize conditional admission. Such action shall not be construed as entitling the applicant to certification or appointment until the Chief Human Resources Officer has confirmed such conditional admission. Persons admitted to take an examination must provide a valid document verifying their identity.

Conduct of Examinations

A. Examinations shall be held at the time and place which is most practical and meets the need of the service, and shall be administered by an authorized representative designated by the President or hiring authority.

B. If an assembled examination is to be administered, qualified applicants shall be notified of the date, time and place of the examination. The Chief Human Resources Officer shall not be responsible if a notice is lost or delayed in the mail, or sent to an applicant's former address through failure of the applicant to inform the University of any change of address.

C. No applicant shall be entitled to take an examination at a date, time or place other than that stated in his notification, except as the Chief Human Resources Officer may authorize.

D. All applicants for examinations involving physical ability or performance tests shall be required to sign a waiver of liability.

E. Reasonable precautions shall be taken to protect the confidentiality of information about applicants.

F. Applicants with disabilities shall be given reasonable accommodation in the administration of tests, if so requested in advance of the date of the test.

Assembled Examinations for Closed and Continuous Announcements

A. For announcements having a specific closing date, and closed announcements, an examination shall not be administered until after the closing date and until such time all applications have been evaluated. Applicants applying under a closed announcement may take the required examination only once and only one eligibility list established.

B. For continuous announcements, the following provisions shall prevail:

1. No examination shall be administered until ten (10) workdays after the date of the announcement.

2. Candidates who fail an examination may retake the same examination after thirty (30) days have elapsed. Exception to this rule may apply when the Human Resources Office has certified that there are less than five (5) eligibles for each vacancy in a given class of position.

3. An applicant who has passed all parts of an examination for a particular position and who requests to retake the examination for the purpose of upgrading his final earned rating, may retake the examination provided that thirty (30) days have elapsed since his last examination, and provided the announcement has not been closed. The higher score shall be used to determine the final earned rating.

4. When a closing date is announced, a final eligibility list shall be established and no examinations shall be administered thereafter.

Ratings of Examinations

A. Appropriate psychometrics and measurement techniques and procedures shall be used in evaluating the results of examinations, and in determining the minimum rating by which eligibility may be achieved, and the relative rank of candidates.

B. The Human Resources Office shall set the minimum ratings for each part of an examination. All candidates shall be required to obtain the set minimum passing score for each part of the examination in order to proceed to each successive test. In order to receive a final passing rating, the final earned rating of each applicant shall be determined by combining the earned rating of each part of the examination in accordance with the weights established for each part.

Notification of Examination Results

Each applicant who participates in an examination shall be given written notice, in person or by mail, of his examination results. The record of ratings, as well as, examination papers, shall be held as official records for the life of the resulting eligibility lists.

Inspection of Written Examination Papers

The Chief Human Resources Officer shall, upon request of a candidate, authorize such candidate to inspect his own written examination papers, within thirty (30) days of the date of examination and in the presence of an authorized representative except that when a candidate is scheduled to retake the same examination, inspection shall not be allowed more than five workdays prior to the examination date. The privilege of inspection shall not be deemed to include authorization to copy examination papers, or to inspect or to copy examination instructions, questions, or answers.

Administrative Review of Examination Rating

An applicant may request administrative review of his rating assigned in an examination by submitting to the Chief Human Resources Officer, in writing, information to substantiate his request within ten (10) workdays following the date his examination notice was postmarked. The applicant has the burden of proof and must demonstrate substantial evidence that there was an error on the rating assignment given on his application. Certification of Eligibles is authorized only after the administrative review period has elapsed. Unless the Chief Human Resources Officer determines that a delay in the services will hamper the operations of a division, Certification of Eligibles is authorized only after the administrative review period has elapsed.

Changes in Rating

A. Changes in rating may be made as a result of a discovery of errors in the rating or scoring process, or as a result of an administrative review wherein the facts warrant a change.

B. Rating errors may be corrected throughout the life of the eligibility list.

C. Any such changes shall be reported to the applicants affected.

D. Changes in rating that generally will not affect a certification already issued, or invalidate an appointment already made from the eligibility list.

Duration of Examination Ratings

A. Examination ratings are good only for the life of the eligibility list and shall not be carried over to a new eligibility list for the same position after a period of one (1) year or as deemed appropriate by the Chief Human Resources Officer.

B. Exceptions to this rule shall also apply when minimum qualifications are amended or when written, oral or performance examinations are likewise amended. In this event, the existing eligibility list will be invalidated and candidates must take and pass any and all new examinations, both assembled and unassembled, in order to remain eligible for certification.

Security of Tests

Examination questions shall, at all times, be maintained under conditions affording maximum security. All precautions to safeguard the confidential nature of examination materials shall be taken. No information concerning the nature of the tests shall be divulged to any person prior to the examination. Disclosure of unauthorized release of examination material by any employee shall be the basis for disciplinary action.

Protection of Confidentiality of Materials

A. The review of test materials shall not be permitted due to the continuing use of the examination materials prepared by the Human Resources Office. Exposure would jeopardize the confidentiality of the examination questions.

B. All examination materials relating to a particular applicant or applicants including, but not limited to rating scores, reports of character and material regarding personal suitability of the applicant, shall be considered confidential material. Such examination material shall be maintained for a period of one year from date the eligibility list was established or as deemed appropriate by the Chief Human Resources Officer.

Special Provisions

Special arrangement for examination on a non-competitive basis, upon reallocation of position and for employment of labor or custodial personnel, may be made by the President subject to the limitations which follows:

A. Non-competitive Examinations

The Chief Human Resources Officer may authorize non-competitive examinations under the following conditions:

1. No more than one person applies who meets the minimum qualification requirements.

2. Examination given is to test the fitness of an employee who has a permanent appointment and who seeks transfer to a position in a class in the same pay grade, but which requires a skill not required in the present classification. However, the provisions of the Merit Career Plan shall apply to a transfer to a position with Known Promotion Potential (KPP) as per section 4.505.

3. The examination is to test an employee who has a permanent appointment in a position, which has been reallocated to a class requiring a new skill.

4. When a permanent position is to be filled by a temporary appointment.

5. To facilitate the employment of qualified persons with disabilities consistent with provisions of law and these rules.

6. Examination given is to test the fitness of a permanent employee who has been previously selected under an announcement for a position with Known Promotional Potential (KPP) per section 4.505 and who is promoted to a higher-grade position.

B. Labor/Custodial Positions

Examinations of applicants for entry level labor/custodial positions shall be governed by the following regulations:

1. Each applicant for these classes shall, prior to appointment, qualify by examination, which shall consist of completing an application form. The Chief Human Resources Officer shall certify the names of the ten (10) top applicants in order of their rating.

2. Notwithstanding the limitation of this rule, the Chief Human Resources Officer may at any time prescribe such additional tests for applicants in these classes, as he shall deem practical and feasible to assure equitable consideration of all applicants.

C. Appointment of Qualified Individuals with Disabilities

1. The University shall employ at least two percent of the work force with severe disabilities and certified by the Division of Vocational Rehabilitation of the Department of Integrated Services for Individual with Disabilities. Such employment shall be on a temporary limited-term appointment not to exceed a total of six months regardless of whether the position being filled is budgeted as temporary or permanent (Title 17 GCA, Chapter 4, Chapter 41, Section 41210(b))

2. All such individuals with disabilities shall possess the qualifications for the position to which appointed. Eligibility lists shall be developed for the various positions for which individuals with disabilities are certified.

3. Nothing contained in this section shall be construed to deter or prevent the President from employing:

a. Individuals with disabilities when available and eligible for permanent employment.

b. Individuals with disabilities employed pursuant to Rule 4.216.C.2 above, if such persons qualify for permanent employment before the termination of their temporary appointment.

c. If such individual is appointed pursuant to this section to a permanent position during or immediately after the six-month period, such six (6) months or portion thereof shall be credited toward such employee's probationary period.

d. Appointment of individuals with disabilities to permanent positions must be consistent with the merit system requirements. In this exception, if the immediate supervisor determines satisfactory performance either prior to, or after the expiration of the six (6) months appointment, the position occupied by the person with a disability(ies) may be converted to permanent employment by the President.

Preference

Preference Credit for Individuals with Disabilities

Residents of Guam who have physical or mental disabilities, but are physically or mentally able to perform efficiently and safely the duties of the position applied for, as certified by the Director of Public Health and Social Services, shall receive a preferential credit of five (points which shall be added to their passing examination score for initial appointment only. The preference credit does not apply to subsequent applications for employment in the government after separation (Title 4 GCA, Chapter 4, Section 4104).

Preference Credit for Veterans of the United States Armed Forces or Former Members of the Guam Police Combat Patrol

Veterans of the Armed Forces of the United States, or former members of the Guam Police Combat Patrol, as certified by the Chief of Police, shall receive a preferential credit of five (5) points which shall be added to their passing competitive score upon initial employment only. Such veterans, or former members who are disabled as a result of their services in the Armed Forces or Combat Patrol, shall receive a preferential credit of ten (10) points which shall be added to their passing competitive scores upon initial employment only. The preference credit does not apply to subsequent applications for employment in the government after separation (Title 4 GCA, Chapter 4, Section 4104).

Proof of Eligibility for Veteran's Preference Credit

Persons claiming veteran's status must submit their DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. A person must have completed at least 180 consecutive days of service in the Armed Forces of the United States and must have received other than a dishonorable discharge from such service to be eligible for veteran's preference (Title 4 GCA, Chapter 2, Section 2103.5).

Offer of Employment for Preference Credit Recipient

When two applicants are equally qualified for the position to be filled and one is a recipient, pursuant to Rule 4.301 or 4.302, while the other is not, the former shall be given the first offer of position.

Preferential Hiring of a Recipient of an Award or Scholarship

Residents of Guam who have completed their post-secondary education assisted by the award of educational scholarships or loans from the government of Guam, shall be given preference to jobs for which they have applied and are qualified as certified by the University’s Director of Financial Aid. Such preference shall be applicable only in selection for initial employment. The preference does not apply to subsequent applications for employment after separation or after an initial job offer is declined. All qualified applicants shall be certified ahead of all eligibles on the eligibility list pursuant to this rule (Title 4 GCA Section 4104.1).

Certification

Eligibility Lists

Employees shall be selected from among the eligibles on appropriate eligibility lists, established and maintained by the Human Resources Office, except those employees who are demoted, transferred within the University, or reinstated. Within the limitations found elsewhere in these rules, qualified applicants shall be placed on eligibility lists as a result of examinations. When more than one competitive examination is announced simultaneously for a particular class, an appropriate eligibility list shall be established for each competitive for that class.

Establishment of Eligibility Lists

Names of candidates shall be placed on the eligibility lists in rank order of qualifying scores after appropriate examination. This list shall be designated as an "Eligibility List" for that class of position. After the Human Resources Office has approved the eligibility list, it shall then be considered "established".

Ranking of Eligibles

After each examination, the Chief Human Resources Officer shall prepare a list of persons with passing scores. The names of such persons shall be placed on eligibility lists in order of their final earned rating, starting with the highest.

Determination of Rank in Event of Tie

Final earned ratings shall be calculated in two decimal places and ranked from highest to lowest. When, upon certification of eligibles in accordance with Rule “Certification of Eligibles from a Multiple List” a tie score occurs, such tied scores shall not be broken and all such eligibles shall be certified as being the fifth (5th)/tenth (10th) - entry level labor/custodial eligible.

Duration of the Eligibility List

An eligible on a University-wide, Government-wide, or open competitive eligibility list, shall have eligibility for employment consideration until a selection is made or as deemed appropriate by the Chief Human Resources Officer for one (1) year from the establishment date of the eligibility list or as deemed by the Chief Human Resources Officer.

University-wide Competitive Eligibility Lists

University-wide competitive lists shall be established consistent with Rules 4.402 and 4.403 and selections shall be made in accordance with the Merit Career Plan.

Government-Wide Competitive Eligibility Lists

Government-wide competitive lists shall be established consistent with Rules 4.402, 4.403, 4.404 and 4.405 and selections shall be made in accordance with the Merit Career Plan.

Open Competitive Eligibility Lists

Open competitive eligibility lists shall be established consistent with Rules 4.402, 4.403, 4.404 and 4.40

Certification of Eligibles

Certification of eligibles shall consist of five (5)/ ten (10) for entry level labor/custodial positions or such fewer eligibles as may be available for the class. Eligibles shall be certified in the order that they appear on the eligible list provided that:

A. All eligibles who are recipients of a scholarship pursuant to Rule 4.305 shall be provided priority certification ahead of other eligibles.

B. Eligibles with reemployment rights shall be accorded priority certification if there are no eligibiles pursuant to A. above.

C. When the fifth (5TH)/tenth (10th) - entry level labor/custodial eligible to be certified is one of two or more eligibles who have identical examination scores, such two or more eligibles shall be certified notwithstanding the fact that more than five (5)/ ten (10) persons are thereby certified to fill a vacancy.

D. For unskilled entry level labor and custodial positions, the top ten (10) eligibles on the eligibility list shall be certified.

E. In the event one or more eligibles decline or fail to respond to an employment interview, the President shall be entitled to such additional eligibles as would provide him with a full certification. (Refer to Rule 4.412, Supplemental Certification.)

F. If the Unit Head and Division Manager reject one (1) or more of the eligibles certified, they shall submit in writing to the President the reasons for rejection. If the rejections are within the confines of the Merit System Principles, the Unit Head and Division Manager shall be entitled to such additional eligibles as would provide them with a full certification. The Chief Human Resources Officer shall ascertain the validity of the rejections before providing additional qualified eligiblies. (Refer to Rule 4.412, Supplemental Certification.)

G. A certification of eligibles shall be effective for no more than thirty (30) days after the date of certification, unless extended by the Chief Human Resources Officer.

Certification of Eligibles from a Multiple List

After eligibility lists are established for a particular job announcement with multiple competitive examinations, the Chief Human Resources Officer may certify in one of three ways:

Certify, in accordance with Rules 4.409, 4.411, 4.412 and 4.413 from each list in the following order: University-wide, Government-wide, and Open. Each list must be exhausted in accordance with these rules before certification from the next list will be authorized.

Certification of Eligibles for more than one Vacancy

A. For more than one vacancy, the Chief Human Resources Officer shall certify an additional eligible for each additional vacancy with the exception of preferential hiring of qualified scholarship recipients pursuant to Rule 4.305.

B. When the last eligible to be referred is one (1) of two (2) or more eligibles who have identical examination scores such two (2) or more eligibles shall also be certified.

C. For example, when certification is made for two (2) vacancies, certification of eligibles will appear as follows:

All qualified scholarship recipients pursuant to Rule 4.305

· First Ranked Eligible

· Second Ranked Eligible

· Third Ranked Eligible

· Fourth Ranked Eligible

· Fifth Ranked Eligible

· Sixth Ranked Eligible

The President shall make their selections according to the following:

1. The President must select from the qualified applicant(s) of scholarship recipients pursuant to Rule 4.305.

2. The President may select two (2) persons from the six (6) certified to fill two (2) vacancies.

3. Should the President decide to fill only one (1) of two (2) vacancies to be filled, he shall be restricted to select from the first five (5) eligibles on the certification and may not select the sixth (6th) ranked eligible.

4. Should an additional vacancy exist and certification was not made for such vacancy, the President may not select from among the six (6) eligible to fill the third (3rd) vacancy. They must request an additional eligible and then make the selection for the third (3rd) vacancy from among the seven certified eligibles.

5. If the President does not wish to select any of the eligibles certified, they must document the reasons for non-selection of each eligible, before a new certification is authorized.

Supplemental Certification

The Chief Human Resources Officer may submit a supplemental certification of eligibles to provide the President a full certification.

A. The supplemental certification may be used only upon failure to appear for an interview, refusal of appointment by eligibles, or the rejection of eligibles by the President.

B. The additional eligibles to be certified shall be of such number that will provide the President with a full certification.

C. The Human Resources Office shall contact eligibles in descending order to ascertain their interest in the vacant position. If the last eligible contacted is one (1) of two (2) or more eligibles with identical examination scores, such two (2) or more eligibles shall also be contacted.

Selective Certification

A. Upon approval of the Chief Human Resources Officer, selective certification may be made when specific identifiable qualifications and skills are essential to successful performance of the duties and responsibilities of the position. The factors shall pertain to knowledge, abilities and skills pertinent to certain program operations when these qualifications and skills cannot be readily acquired after appointment. As a standard for determining qualifications on a selective factor basis applicants must have at least six (6) months of work experience in the particular selective knowledge, ability and skill or the equivalent in education.

B. Selective certification may also be made which specifies a Bona Fide Occupational Qualification Requirement (BFOQ) when justified. For example, certification based on sex is a BFOQ when duties and responsibilities involve certain institutional or custodial services, which can be properly performed only by a member of the same sex for the recipient of the services.

C. All selective certifications must be indicated on the proper job announcement and be job-related.

Interview of Eligibles and Notification of Selection /Non-Selection

A. The Chief Human Resources Officer shall establish procedures for interviewing certified eligibles for selection.

B. Within thirty (30) calendar days from the date of the interview a selection must be made and must include administrative review.

C. Within thirty (30) calendar days from the date a selection is made, the Chief Human Resources Officer shall notify, in writing, all eligibles certified as to whether they were selected or not.

Suspension and Removal of Eligible from Competitive List of Eligibles; Restoration to List

A. The Chief Human Resources Officer may suspend or remove an eligible from an Eligibility List for any of the following reasons:

1. Refusal of an offer of permanent employment in the class of position for which eligibility has been established;

2. Failure to reply within fifteen (15) calendar days to a written inquiry relative to availability for employment;

3. Appointment to a permanent position for the class;

4. Failure to report to work within the prescribed time provided a legitimate reason beyond the control of the applicant such as death in the immediate family, serious illness or other extenuating circumstances is approved by the President;

5. In the case of University-wide or Government-wide lists, termination of service with the Government;

6. When further investigation of eligible's suitability needs to be conducted;

7. Withdrawal by the eligible;

8. Findings of deception and fraud in the employment process;

9. Conviction of a crime, which bears a nexus to the position applied;

10. Advocates, aids or belongs to any party, organization or association which advocates the overthrow of the government of Guam or United States;

11. Refuses or ignores the requirement to take a Drug test and a physical examination to include the TB test, without cause; or the verified Drug test or physical examination to include the TB test, result is found to be positive; and the applicant is not participating in a rehabilitation or medical treatment program.

In the event that the eligible has already received an appointment, the President shall take appropriate action to ensure the termination of the employee.

Notification of Disqualification of Eligibles

An eligible who is disqualified pursuant to Rule 4.415B shall be notified in writing of such action and the reasons of disqualification within ten (10) workdays of the action.

Cancellation of Competitive Eligibility Lists

The Chief Human Resources Officer may cancel an eligibility list for any of the following reasons:

A. Changes in the minimum qualifications or classification standards of a class of position;

B. Abolishment of the class for which the list of eligibles was established;

C. All eligibles on the list are unavailable for employment.

The eligibility list shall be null and void after one (1) year from date of establishment or as

deemed appropriate by the Chief Human Resources Officer.

Non-Competitive Actions

Transfer

A. Transfer Defined

A transfer is defined as a change from one position to another position of the same class, or a change to a related position in another class, which carries the same pay grade and substantially the same qualification requirements as determined by the Chief Human Resources Officer.

B. Involuntary Transfer

1. No employee may be involuntarily transferred to a position, which is unrelated with respect to duties and responsibilities to the position occupied by the employee before the transfer.

2. No employee shall be transferred if the employee has filed a viable grievance with the Civil Service Commission for harassment, unless the employee consents to such transfer (Public Law 34-42, Chapter 12, Section 10(a)(3)).

3. No employee shall be transferred for reporting or exposing bad business practices, illegal activities and unofficial conduct by public or University officials, (Title 4 GCA, Chapter 4, Section 4504.1).

4. No employee shall be involuntarily transferred into a line department or agency of the government of Guam without his consent.

C. Intra-departmental and Inter-departmental

Upon the approval of the President, employees may transfer within the University when all of the following conditions are met:

1. The employee meets the minimum qualification including any assembled examination requirements.

2. Movement is within the same class of position or from one class of position to another class of position having comparable duties and responsibilities and qualification requirements.

Any such transfer shall require the clearance of the President and the consent of the employee. The employee shall give the releasing unit reasonable notice of the transfer. Prior approval of the transfer is not required by the releasing unit or agency. The releasing unit or department/agency cannot require the employee to resign.

Any employee affected by this section shall not have affected adversely his government service, retirement credits, sick or annual leave and other fringe benefits normally granted to an employee of the Government.

D. Inter-Governmental

The transfer of an employee of any Federal, State or other local government to the University may be made when the following conditions are met:

1. The position requires highly developed skills and technical abilities as determined by the Chief Human Resources Officer;

2. The employee meets the minimum qualification requirements for the position, including any assembled examination requirements;

3. The President approves.

Reemployment

A permanent classified employee who separated from the University through resignation while in good standing may be eligible for reemployment without competition to the same or comparable position within the University within four years from the date of separation if such position is unfilled and funded. The employee shall submit an official notice of intent to return to work to the Chief Human Resources Officer. For reemployment, the Chief Human Resources Officer must determine that the person has met the current minimum qualification requirements for the class to which reemployment are requested. A reemployed employee may be hired at not less than the salary earned at the former position. Per section 6.006, Reemployment appointments are subject to the certification procedures as described in these rules. Former employees covered by this rule shall not be affected by the Merit Career Plan requirements.

Reinstatement Immediately after Active Military Service

In accordance with the Uniform Services Employment Reemployment Act (USERRA) (Appendix C), to be entitled to reinstatement rights at the University, a veteran must meet the following requirements:

A. Leave a classified position at the University for the purpose of entering the Armed Forces, voluntarily or involuntarily;

B. Have completed his original probationary period;

C. Serve for not more than four years plus any involuntary service thereafter, plus a one (1) year additional voluntary extension of active duty, if this is at the request and for the convenience of the Federal Government;

D. Satisfactorily completed the period of active duty and has a certificate of discharge under honorable conditions;

E. Be qualified to perform the duties of his position. If the employee is disabled during military service and cannot perform the duties of his former position, the employee may be entitled to the nearest comparable job he is qualified to perform;

F. Prior to enlistment in the Armed Forces, the employee must have submitted a military leave without pay request to the President for approval accompanied with a copy of the military orders or other appropriate documents authorizing such duty;

G. Make timely application for reinstatement within ninety (90) days after discharge from military service.

Upon meeting the foregoing requirements, the veteran employee shall be entitled to reinstatement to his previous position or its equivalent, in the step within his former pay, to which such employee would have attained before military service as per section 6.006. In the event, the veteran employee's former position is reallocated to a higher or lower pay grade, appropriate pay adjustments shall be made. An employee on military leave without pay forfeits his reinstatement rights if he re-enlists or voluntarily extends the original tour of active duty, except as authorized in Rule 4.503 C above.

Voluntary Demotions

Voluntary demotion may be made when the following conditions are met:

A. The employee meets the minimum qualification requirements of the position to which he seeks movement, including any assembled examination requirements;

B. The employee to be demoted is a permanent employee and the movement is from a position in which he last held a permanent appointment;

C. Such demotion shall require the prior approval of the President with the consent of the employee;

D. Movement is to a lower grade position within the same class series or from one class to another class of position provided that the employee is returning to a former permanent position or to a position within a former class series.

Developmental Promotions under Known Promotional Potential (KPP) Conditions

A. Promotions without competition may be made where at an earlier date, an employee was selected under an announcement (competitive examination) for a position with Known Promotion Potential (KPP) and the employee is now to be promoted to the higher-level position (Title 4 GCA Section 6229.13), provided the employee:

1. Has completed the probationary period in the position he currently holds;

2. Meets the minimum qualifications of the higher-grade position including any assembled examination requirements; and

3. Meets management's developmental criteria guidelines for advancement to the higher-grade position.

B. The types of KPP are:

1. KPP within a class or related class series not to exceed the highest non-supervisory level position within the series.

2. KPP within a class series up to the supervisory position within the series (first line), provided the KPP position is no more than two levels below the supervisory position.

(NOTE: Organizational charts shall be utilized, to determine the position for KPP.)

C. To be eligible for promotion without competition when the position is upgraded under these conditions, an employee must continue to perform the same basic functions; and his former position must be absorbed in the new one. When an additional position is created, or when the new position is not a clear successor to the former position, non-competitive promotion is not authorized, and the provisions of the Merit Career Plan must be complied with.

Detail Assignments

A. A detail is a temporary assignment to meet management needs of an employee to another position or to a group of specific duties and responsibilities for a specified period with the employee returning to his regular duties at the end of the detail. A position is not filled by a detail if the employee continues to be the incumbent of the position from which he is detailed, and his salary during the detail does not change. For details to unbudgeted positions, the President must provide to the Chief Human Resources Officer a position description and justification for such detail (Title 4 GCA, Chapter 4, Section 4117).

B. Details shall be made only for meeting temporary needs of the University's programs, such as, but not limited to:

1. Details to meet emergencies or urgent needs occasioned by abnormal workload, change in organization, or unanticipated absences: or

2. Pending description and formal classification of a new position; or

3. To replace an incumbent who is undergoing training.

C. All details in excess of thirty (30) calendar days must be documented and submitted to the Chief Human Resources Officer prior to the effective date of the detail for approval. No personnel action shall be transacted unless proper documentation is provided.

D. An employee shall not be detailed while serving a probationary period.

E. No employee shall be temporarily assigned or detailed to a position nor, shall the employee assume the duties and responsibilities of a position other than the one to which he has been appointed for a period in excess of ninety (90) days within a calendar year, unless the President obtains an exemption upon written application to the Civil Service Commission. Such exemption shall not extend beyond the additional ninety (90) days within that calendar year. No exception shall be granted to the ninety (90) day detail limitation except upon express approval of the Civil Service Commission.

F. An employee in the unclassified position, or an individual employed under a contract will not be detailed to a position in the classified service.

G. Nothing in this regulation is intended to infringe on management's prerogatives in day-to-day operational activities which may occasionally require that an employee be assigned, for brief periods up to thirty (30) calendar days, work normally performed by another employee.

H. Employees serving on a detail in excess of thirty (30) consecutive calendar days in a position having a higher pay grade than his regular position, shall receive a retroactive payment differential in accordance with Rule 6.008 provided, the detail appointment is consistent with classification principles as determined by the President.

I. Employees serving a detail in excess of thirty (30) calendar days in a position having a lower pay grade shall not have their pay adjusted to the lower pay.

J. An employee may not be detailed beyond ninety (90) calendar days to any classified position, unless the employee has met all of the qualification requirements of the position.

K. A classified employee who is temporarily detailed to an unclassified or Academic position must follow the rules provided herein.

Types of Appointments

Permanent Appointment

A permanent appointment is granted to an employee after successfully completing a probationary period in the permanent position as per section 4.602.

Probationary Appointment

A. Probationary Period

The probationary period shall be utilized as fully as possible to determine the fitness of the employee for the position.

B. Original Probationary Period

An original probationary period shall be required when an individual who has not obtained permanent status is appointed a permanent position. This also applies to former employees who have not been employed in the University service after four (4) years of separation in good standing.

C. Duration of Probationary Period

1. Original probationary periods will be for six (6) months, except that service as a result of the six (6) months employment program provided for placement of persons with severe disabilities may be credited consistent with statute. Employees holding classified positions under temporary employment or limited term appointment, who are subsequently appointed to the same position in the same unit under a permanent appointment, shall be credited for time served towards their probationary period under temporary appointment provided they received the temporary or limited term appointment through a competitive process. Those who have not been appointed through a competitive process shall compete for the position in order for the time served in the position to be credited to the probationary period.

2. In entry-level trainee positions, the probationary period may be established at not more than twelve (12) months, upon the approval of the President

3. The President may extend an original probationary period not to exceed a total of (12) months. Written notice of the extension shall be given to the employee by the President prior to the expiration of the probationary period.

D. Discontinuance of a Probationary Appointment

If the employee fails to render satisfactory service during the original probationary period, the President may dismiss him provided he has served a probationary period of at least three (3) months. The President shall submit a recommendation for dismissal, together with the employee's performance evaluation report, to the Chief Human Resources Officer. The dismissal notice shall indicate the effective date of the action. Failure by the President to submit a probationary letter to the employee prior to the expiration of the established end date of the probationary period does not grant him permanent status.

Employees dismissed while completing an original probationary period may appeal the dismissal only if the employee alleges that the dismissal was discriminatory based on race, color, creed, religion, age, sex, political affiliation, marital status, national origin, disability or sexual orientation. Submission of such appeals shall be in accordance with the EEO Complaint Procedures (Appendix D) adopted by Board of Regents.

Temporary Appointment

A. Limited-Term Appointments for Classified, Unclassified and Non-Classified

1. Limited-term appointments may be made to fill temporary vacancies in permanent positions, where there are no eligibles or an insufficient number of eligibles for that particular position.

2. Where limited-term appointments are proper, the appointments shall not be made until the Chief Human Resources Officer certifies that the candidate has qualified for the position.

3. Limited-term appointments are for a specified period not to exceed one (1) year unless authorized by the President and subject to availability of funds.

4. Limited-term appointments may be made without competition except that any person appointed on a limited-term basis must meet all qualification requirements including any assembled examinations.

5. Limited-term appointments are unclassified appointments and may be terminated at any time prior to the expiration of the term of employment.

6. Employees appointed on a limited-term basis may be given the usual employee benefits, as approved by the President and subject to the availability of funds.

7. Limited-term employees do not serve a probationary period.

B. 120-Day Appointments

Temporary appointments shall be consistent with the provisions of Title 4 GCA, Chapter 4, Sections 4102 and 4103 as follows:

1. A person may not be temporarily employed in a non-professional capacity for more than 120 workdays or 960 hours in any calendar year.

2. A person may not be temporarily employed in a professional capacity for more than 120 workdays or 960 hours except, upon a contract in writing and a determination in writing by the President that such employment is critical to either the public health, safety or welfare of the community. (A person is employed as a professional if the person's job description in the Dictionary of Occupational Titles published by the U.S. Department of Labor, has as its first digit zero or one. Any person whose job description does not have as its first digit zero or one shall be deemed to be a non-professional employee.)

3. The following provisions shall apply to appointments made consistent with Sub-rules 1 and 2 above:

a. A classified employee who fills a temporary classified or unclassified position has classified employment status absent other controlling legislation.

b. A newly hired employee who fills a temporary classified or unclassified position has unclassified employment status.

c. Such temporary appointments shall be made without competition, except that any person appointed on a temporary basis must meet the minimum qualification requirements and satisfy all examination requirements for the position as determined by the Chief Human Resources Officer prior to appointment.

d. A person appointed on a temporary basis shall not perform the duties and responsibilities of a position other than that to which he was appointed.

Contracts for Personnel Services

A. Contracts shall not be used as a substitute for merit system employment. The University will not contract for personnel services, which normally are performed by classified employees under the merit system unless every effort has been exhausted to recruit on-island. Such effort must be documented to prove there was lack of qualified individual on-island.

B. Contracts for personnel services may be used only when the use of a contract is in accordance with all legal provisions, including the merit system, laws, and rules.

C. All contracts after approval by the President shall be submitted to the University’s Legal Counsel for review and approval. All contracts of whatever nature shall be executed upon the approval of the President

D. Factors to be considered which could provide an adequate justification for using contracts with individuals for services include:

1. Emergency short-term (less than two (2) months) normally exempt from competitive appointment methods;

2. Part-time professional work;

3. Inability of the University's merit personnel system to provide qualified employees;

4. A contract for expert consultation services not available in the University, when full-time employment is not needed or practical, or when the need is intermittent or for a short period of time. Such an expert might provide views or recommendations, but would not perform or supervise the performance of any of the University's functions;

5. Part-time services of a medical, dental, legal, or other professional specialists; and

6. Contract with an individual to produce an identifiable work product.

Vacation Employment for Students

The President may employ during the vacation period between school years, at a rate not exceeding the minimum wage specified any applicable Federal or Guam law, students of the various public or private schools in Guam who are at least sixteen (16) years of age, provided that such employment may not exceed eight hours in one day and five days in one week and that such employment may not be of a hazardous nature or in any way injurious to, or endangering the student. Students employed under the University under this section shall not be eligible for retirement, sick, or annual leave benefits, and except as may be specifically provided therein, the personnel rules shall not apply to such employment, provided, however, that such employment shall be considered as employment for purposes of the Worker’s Compensation Act, pursuant to Title 4 GCA, Chapter 4, Section 4112 and the availability of funds.

Recruitment Above Step

Step 1 of the Pay Grade assigned to a classified position shall be the regular rate for initial employment; however, provided that the President may with the approval of the Board of Regents, authorize initial employment at a higher step not to exceed Step 10, if such action is warranted by recruitment difficulties or exceptional qualifications. The petition shall be posted upon the approval of the President on the University’s website for ten (10) days (except for Saturdays, Sundays and government of Guam holidays). The petition to the Board of Regents shall be made before an applicant is hired (Title 4 GCA, Chapter 6, Section 6205).

Employment Eligibility Verification

A. The Chief Human Resources Officer or his designee must complete Section 2 of the Form I-9; Employment Eligibility Verification (Appendix E) by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins.

B. If the employee is authorized to work, but is unable to present the required document(s) within three (3) business days, he must present a receipt for the application of the document(s) within three (3) business days and the actual document(s) within ninety (90) days.

C. If the employee is hired for a duration of less than three business days, Section 2 of the Employment Eligibility Verification, Form I-9, must be completed at the time employment begins.

D. The Human Resources Office must record:

1. Document title

2. Issuing authority

3. Document number

4. Expiration date, if any

5. The date employment begins

E. The Chief Human Resources Officer or his designee must sign and date the certification.

F. The employee must present original documents.

G. The Human Resources Office may, but is not required to, photocopy the document(s) presented. These photocopies may only be used for the verification process and must be retained with the Form I-9. However, the Chief Human Resources Officer or his designee is still responsible for completing the Form I-9.

Grievance Procedures

Statement of Policy

It shall be the policy of the University to promote favorable relations between management and its employees by resolving complaints expeditiously; prevent similar complaints; assure fair and equitable treatment of all employees; and promote harmonious working relationships among all levels of employees (Title 4 GCA, Chapter 10, Article 5).

The President shall develop procedures outlining the responsibilities and steps to be followed by employees in the presentation of an informal or formal grievance. All levels of management shall carefully and promptly respond to an employee's grievance and shall be guided by these procedures.

Applicability

The regulations in this Chapter shall apply to all permanent classified employees.

Definition

A grievance is any question or complaint filed by a permanent employee alleging that there has been a misinterpretation, misapplication or violation of a personnel statute, rule, regulation, written policy which directly affects the employee in the performance of his official duties; or that he has received prejudicial, unfair, arbitrary, capricious treatment in his working conditions or work relationships.

The time frames will serve as guide and may be extended or shortened on concurrence of the parties involved.

Coverage

Grievances may include, but are not limited to, such actions as employee-supervisor relationships, duty assignments not related to job classification, shift and job location assignments, hours worked, working facilities and conditions, policies for granting leave, and other related matters.

Exclusions

General Exclusions

The following actions are not covered by these grievance procedures:

A. Disqualification of an applicant;

B. Disqualification of an eligible;

C. Examination ratings;

D. Removal during original probationary period;

E. Appeals from classification determinations;

F. Appeals of adverse personnel actions;

G. Allegations or complaints of discrimination; and

H. Appeals of performance evaluations.

Grievance Procedures for Employee Organizations

These procedures are also not applicable when the employee is in a unit covered by an exclusive recognition, as an employee organization, which has negotiated grievance procedures for that unit. When negotiated procedures exist, they shall be the exclusive procedures available to public employees in the unit for settlement or group grievances.

Equal Employment Opportunity Discrimination Complaint

When an aggrieved employee submits a written allegation of discrimination on grounds of race, color, creed, religion, age, sex, political affiliation, marital status, national origin, disability or sexual orientation in connection with a matter which is subject to the University's grievance procedures, as well as the EEO Discrimination Complaint Procedures, that allegation shall be processed under the EEO Discrimination Complaint Procedures.

General Provisions for Use of Grievance Procedures

Freedom from Reprisal or Interference

A. An employee and his representative shall be free to use the grievance system without restraint, interference, coercion, discrimination, or reprisal.

B. An employee, whether acting in an official capacity for the University, or on any other basis, must not interfere with, or attempt to interfere with, another employee's exercise of his rights under the grievance system. To be fully effective, the spirit as well as the letter of this non-interference requirement must be enforced. It is not enough for an official to abstain from overt threats or interference. He should refrain from making any statement or taking any action, which has the appearance or even the flavor of a threat, interference, or intimidation.

Employee's Status During Grievance Procedures

An employee's status during each procedural level shall be status quo.

Right to Seek Advice

All levels of management will provide an opportunity for an employee to communicate with and seek advice from:

A. The University’s Human Resources Office;

B. The EEO Coordinator or Counselor; or

C. A supervisory or management official of higher rank than the employee's immediate supervisor.

Representation

A. An employee has the right to present a grievance without representation.

B. An employee has the right to present a grievance with representation.

1. An employee has the right to be accompanied, represented, and advised by a representative of his choice at any stage of the grievance proceedings.

2. An employee may change his representative, but to do so, he must notify his immediate supervisor and the President of the change in writing.

3. A person chosen by the employee must be willing to represent him.

Official Time for Presentation of the Grievance

A. An employee must be given a reasonable amount of official time to present his grievance if he is otherwise in an active duty status.

B. An employee's representative, if he is an employee of the government of Guam and is otherwise in an active duty status, must be given a reasonable amount of official time to present the grievance.

C. There is no requirement that the official time for the presentation include time for investigation or preparation, or that it includes travel expense or per diem travel allowance or consultation with private attorney.

Termination of Grievance

A. An employee who has filed a grievance may terminate the grievance at any time.

B. Failure on the part of the employee to proceed to a higher step of the grievance procedure within the time period specified will terminate the grievance.

Management’s Responsibility for Timely Action and Settlement at the Lowest Possible Level

A. It shall be the responsibility of management to settle grievances fairly and promptly at, or near the organizational level where the employee brought the grievance to their attention.

B. Failure by management to render a decision to the employee within the allotted time at any step constitutes denial; the employee may then proceed to the next step of the grievance procedures.

Informal Grievance Procedures

Management’s Responsibility

An employee's grievance may or may not be objectively justified. What is important is that the grievance is real to the employee. When the grievance is well founded, management official has both a duty and a need to eliminate the cause. When the grievance is not well founded, it is equally important to reach an understanding based on the full facts. Therefore, the informal procedure should assure consideration of every employee's grievance with a degree of promptness, sympathy, understanding, fairness, competence, and authority that convinces the employee he has been treated fairly.

Settlement at the Lowest Possible Level of Management

The informal procedures should be as simple as possible consonant with bona fide consideration of grievances. It should encourage settlement of matters at the lowest possible administrative level in the shortest possible time and should not, therefore, require any written explanation from the employee. The employee may present his grievance under the informal procedures, either orally or in writing, and he should not be prevented from submitting a written explanation if he desires.

Supervisor’s Responsibility

A. Normal day-to-day discussions between employees and supervisors regarding working conditions and related employment matters are the most constructive and expeditious means of developing and enhancing favorable and effective work relationships.

B. Each employee of the University has the right to present matters to his supervisor, and each supervisor has the obligation to act promptly and upon them, seeking advice and assistance of others when necessary.

Employee’s Responsibility

A. Each employee is expected to make a concerted effort to achieve informal settlement of his grievance. He should promptly bring his grievance to the attention of the appropriate supervisory level.

B. Tolling Period: In counting the number of days for each step, if the last day of the period falls on a weekend, the filing time or receipt time falls on the next working day.

Step 1 - Using the Informal Grievance Procedure

A. Initiation by Employee

In keeping with the personal nature of matters covered by grievance procedures, only employees can initiate grievances, singly or jointly. They may not be initiated by employee organizations. Employee organizations may be permitted to present a grievance on behalf of an employee or a group of employees when requested to do so by the employee or employees.

B. Time Limit

1. An employee may present a grievance to his immediate supervisor concerning a continuing practice or condition at any time. Grievances concerning a particular act or occurrence must be presented within fifteen (15) calendar days of that action or occurrence.

2. The immediate supervisor shall render a decision within ten (10) calendar days of the presentation of the grievance.

C. Form of the Grievance

An employee may present a grievance under the informal procedure either orally or in writing.

D. Non-rejection Provision

A grievance may not be rejected in the informal procedure for any reason.

If the grievance is not timely or consists of a matter not covered under the grievance system, the employee should be so advised, but he must be allowed to submit his grievance under the formal procedures if he insists.

E. Mandatory Use of the Informal Procedure

An employee must complete the informal procedure before the University may accept from him a grievance concerning the same matter under the formal procedure.

Step 2 - Formal Grievance Procedures – Next Administrative Level

Presentation of the Grievance - Step 2

A. An employee is entitled to present a grievance under the formal procedure if:

1. He has completed the informal procedure; and

2. The grievance is not satisfactorily resolved at the informal level; and

3. The immediate supervisor failed to render a decision within ten (10) calendar days of the presentation of the grievance at the informal level.

B. The grievance presented in Step 2 must:

1. Be in writing on a form prescribed by the Chief Human Resources Officer;

2. Contain sufficient detail to identify and clarify the basis for the grievance;

3. Specify the remedy requested by the employee or the appropriate supervisory level; and

4. Be submitted to the President who is the next higher supervisor than the immediate supervisor within five (5) calendar days after receipt of the answer in Step 1 or after the answer was due.

Responsibility of Next Higher Supervisor

A. The next higher supervisor must determine whether the grievance is timely, is covered by the grievance procedures, and has been processed through the informal procedure.

B. The next higher supervisor shall make a positive attempt to resolve the grievance. He shall render a decision, in writing, to the employee within five (5) calendar days of receipt of the written grievance.

Step 3 - Formal Grievance Procedures - President

Presentation of the Grievance - Step 3

An employee is entitled to present a grievance under Step 3 if:

A. He has completed Step 2 of the procedures; and

B. The grievance is not satisfactorily resolved at Step 2 level; or

C. Specify the remedy requested by the employee; and

D. Be submitted to the President within five (5) calendar days after receipt of the answer in Step 2 or after the answer was due.

University Grievance Committee

A. Appointment of Committee

Within three (3) calendar days of receipt of the written grievance from the employee, the President shall appoint a Grievance Committee to investigate the circumstances of the grievance and to make a recommendation as to its disposition.

B. Committee Membership

The Committee shall consist of five (5) members who are permanent government employees of agencies other than the University; two (2) members from the employee's peer group and three (3) members who are permanent employees at the managerial level.

C. Responsibility of the Committee

The Committee must determine whether the grievance is timely, is covered by the grievance procedures, and has been processed through the informal procedure.

D. Committee Inquiry

The Committee shall be expected to convene and initiate a grievance inquiry appropriate to the nature and scope of the issues involved in the grievance. The inquiry will typically include the securing of documentary evidence and personal interviews in an effort to fully understand the issues and obtain the maximum information available pertinent to the issues.

E. Grievance File

When the Committee begins a grievance inquiry, the Committee Chairperson (elected by the members of the Committee) shall establish an employee grievance file. This is an independent file, separate and distinct from the personnel record. The grievance file must contain all documents pertaining to the grievance including:

1. Statements of witnesses;

2. Records or copies of records; and

3. Reports of personal interviews.

F. Open Record

The grievance file is an open record. It is open for review by the employee and his representative and must not contain any document that is not available to the employee. Information to which the Committee is exposed which cannot be made available to the employee in the form it was received must be included in a file in a form, which the employee can review or it must not be used.

G. Committee Report

The Committee shall complete its investigation within fifteen (15) calendar days of the date the Committee was appointed and shall submit a written report of its findings and recommendations to the President within two (2) calendar days following completion of its investigation.

H. President’s Written Decision

The President shall render a written decision to the employee within five (5) calendar days of receipt of the written report from the Committee.

Step 4 - Appeal to the Commission

Presentation of the Grievance - Step 4

A. An employee is entitled to present a grievance appeal under Step 4 if:

1. He has completed Step 3 of these procedures; and

2. The grievance is not satisfactorily resolved at Step 3 level; or

3. The President failed to render a decision within five calendar days of the submission of the written report from the University Grievance Committee at Step 3 level; or

4. There has been a violation of the Government Code or University Personnel Rules and Regulations; or

5. The procedural rights of the employee filing the complaint as outlined have been disregarded; or

6. The decision of the supervisor, University Grievance Committee and the President has been unjust, inequitable or not in accord with the facts; or

7. The President fails to act on the University Grievance Committee's recommendations.

B. The grievance presented in Step 4 must:

1. Be in writing on a form prescribed by the President;

2. Contain sufficient details to identify and clarify the basis of the grievance;

3. Include copies of the grievance forms submitted in Steps 2 and 3;

4. Specify the remedy requested by the employee; and

5. Be submitted to the Commission within five (5) calendar days after receipt of the answer in Step 3 or after the answer was due.

Resignation and Termination

Statement of Policy

The purpose of this Chapter is to provide orderly, uniformed and fair procedures for non-disciplinary separation of employees from the University's service.

Resignation

Coverage

This section shall apply to all classified service employees.

Notice of Resignation

An employee may resign by giving written notice of the resignation to the President via the Unit Head and Division Manager within the University. The employee should notify the Unit Head and Division Manager in writing at least ten (10) workdays before the date of separation. When a resignation letter is directed to the President, it shall by its terms, be effective immediately or on a certain date. If no effective date is indicated, it shall be effective upon delivery to the President.

Upon receipt by the President, of any resignation letter, the President, may make the resignation effective immediately or sooner than the effective date in the resignation letter. Such resignation shall be effective according to its terms unless the President, at his discretion, makes the resignation effective immediately or at some time sooner than the resignation letter. Acceptance of such resignation by the President is not required for the resignation to become effective.

Withdrawal of Resignation

With the consent of the President, the employee may withdraw a resignation at any time prior to the effective date of the resignation.

Resignation in Good Standing

A resignation shall be deemed to be in good standing when it is made voluntarily and not as a direct result of a final adverse action or criminal conviction. With the exception of an employee serving an original probationary period, an employee who resigns in good standing shall have reemployment rights consistent with 4 GCA and Rules 4.406 and 4.502.

Resignation Pending Adverse Action

An employee who resigns after receipt of a notice of proposed adverse action is deemed to have resigned voluntarily and has no right to appeal to the Commission. Any employee, who resigns under this section and is subsequently convicted of a crime based on the same facts, which forms the basis of the adverse action, shall be deemed not to resign in good standing.

Termination of Employment

The President, may terminate the services of an employee for any of, but not limited to the following reasons:

A. The duration of the temporary period of employment is ended.

B. The employee failed to demonstrate satisfactory work performance during the original probationary period or failed to satisfy other conditions of employment.

C. For misconduct, in which case, the adverse action procedures shall be adhered to. (Refer to Adverse Action Procedures)

Exit Interview

A personal interview will be conducted with each employee separating from the services of the University. The interview will be held prior to the employee's effective date of separation. The interview will be conducted in such manner as to obtain from the separating employee the true reason or reasons for his separation. Such interview shall be recorded on forms prescribed by the Chief Human Resources Officer and made part of the separating employee's personnel record. A representative of the University’s Human Resources Office shall conduct the interview using the Exit Interview Form in Appendix M.

Clearance

Each separating employee must be cleared of all obligations within the University and other applicable Government of Guam agencies no later than the employee's last working day. Final payment of wages will be withheld pending completion of exit interview and clearance of all obligations to the University.

Merit Career Plan

Statement of Policy

This procedure outlines the responsibilities of the Chief Human Resources Officer when permanent classified University employees apply and are being considered for career opportunities.

Coverage of the Merit Career Plan

This plan applies only to permanent classified employees.

Announcement and Examination Under the Merit Career Plan

A. No person shall be promoted under the Merit Career Plan unless a vacancy exists. Same examination will be used for all persons responding to a particular Merit Career Job Announcement, provided a vacant position exists.

B. All employees must submit an employment application and be processed consistent with the merit principles of recruiting, selecting applicants and advancing employees on the basis of skills, knowledge, and abilities, and be placed on the eligibility list as “eligible” for the position.

Referral of Certification List

A list of all qualified eligibles shall be furnished to the President.

Selection Interview

The Chief Human Resources Officer shall establish procedures for interviewing certified eligibles.

Evaluation of Candidates During the Selection Interview Process

A. Evaluation of candidates shall be based on job-related criteria, which measures the skills, knowledge, abilities, and personal characteristics essential to successful performance in the position to be filled. Due consideration shall be given to formal recognition of superior performance of candidates, job-related training, and performance appraisals.

B. Length of service, length of experience or level of formal education may be used as an evaluation factor when there is a clear and positive relationship with the requirements of the job to be performed. Length of service or experience may not be the factor given the greatest weight unless the nature of the vacant job is such that other factors cannot be expected to identify significant qualitative differences between qualified candidates.

Selection Documentation Requirements

A. The basis for selection must be job-related. The results of the selection process must be on file with the University’s Human Resources Office. Evaluation results are confidential and form a part of the selection process for the candidates being considered for the position. The Chief Human Resources Officer reserves the right to post audit selection documentation records.

B. The Chief Human Resources Officer will advise all persons certified under a Merit Career Job Announcement about the selection within ten (10) working days of the selection.

C. Individuals who were certified and were not selected may request the President; to review the adequacy of the consideration they received provided that such a request is received in writing by the President, within five (5) working days after the non-selected received the notice about the selection.

A competitor may not contest the minimum qualifications established for the position. The following information shall be made available to competitors under a Merit Career Job Announcement upon request, and the Chief Human Resources Officer shall periodically publish the competitor's right to this information:

1. Whether the individual was considered eligible on the basis of minimum qualification requirements for the position;

2. Whether an individual was one of those in the group from which selection was made; and

3. Who was selected.

Handling Employee Complaints

A. The Chief Human Resources Officer shall respond to employee questions or complaints about the career program, or about a specific promotion action, and provide the employee with appropriate information or explanation.

B. Issues that are not a basis for a formal complaint are:

1. Failure to be selected when proper procedures are used. A complaint may not be filed for non-selection from a group of properly ranked and certified candidates; and

2. Any action required to be taken under the provisions of the statute, or instructions of the President.

Exceptions to The Merit Career Plan

A. The provisions of the Merit Career Plan are not required for career promotions, which are:

1. Promotions without current competition where at an earlier date an employee was selected under a Merit Career Job Announcement for a position with known promotion potential to the position to which he is being promoted. The promotion potential must have been included in the announcement, and where appropriate, the career ladder (intervening promotion) documented in the original announcement.

2. Where the employee's position is reconstituted in a higher grade because of gradual accretion of additional duties and responsibilities and the accretion was not the result of planned management action. For example, an increase in the level of the employee's performance or change in workload, procedures, or organization that affects the grade of the positions only incidentally.

To be eligible for a career promotion when the position is upgraded under these conditions, an employee must continue to perform the same basic function and his former position must be absorbed in the new one. When an additional position is created, or when the new position is not a clear successor to the former position, career promotion is not authorized. Similarly, a career promotion may not be made from a non-supervisory position to a supervisory or manager position because these levels of position inherently have specific administrative authority that can only be delegated by management.

B. The provisions of this Merit Career Plan are not required for the following personnel actions:

1. A transfer from a position having known promotion potential to a position having no higher promotion potential.

2. A detail appointment.

3. An action taken as a remedy for failure to receive proper consideration in a competitive promotion procedure.

4. A promotion resulting from the upgrading of a position without significant change in duties and responsibilities due to issuance of a new classification standards or the correction of a classification error.

5. Re-promotion to a class or position from which an employee was demoted without personal cause and not at his request. Acceptance of a demotion in lieu of layoff is not a demotion at the employee’s request for these purposes.

The competitive procedures of the Merit Career Plan will not be used before these individuals are accorded their rights for re-promotion.

Administration Requirements

A. The Chief Human Resources Officer shall provide for initial and periodic orientation to all employees, supervisors and managers concerning the provisions of this Merit Career Plan and the training of the President, in their respective responsibilities for assuring the maximum publicity of Merit Career Job Announcements and for advising employees on requirements and provisions of this Merit Career Plan.

B. The Chief Human Resources Officer shall institute controls and audit procedures as deemed necessary to assure that all promotion actions are consistent with the provisions of the Merit Career Plan.

C. The Chief Human Resources Officer will assure that each current and future Unit Head and Division Manager is provided a copy of the Merit Career Plan and any subsequent changes to the Plan.

Compensation Policies

Assignment of Classes to Pay Grades

This section is applicable to:

CLASSIFIED/UNCLASSIFIED EMPLOYEES

Pay grades for all classes of positions are assigned by the Director, Department of Administration pursuant to Title 4 GCA Chapter 6 Article 3.

Evaluation of Classes for Assignment to Pay Grades

A. Pursuant to Title 4 GCA Chapter 6 Article 1, classes shall be evaluated on the basis of job know how, problem solving and accountability consistent with the Hay Methodology concepts and salary administration procedures.

B. The assignment of classes of pay grades shall be in accordance with policies and standards established in conformance with statute and the following principles:

1. Classes, which are related and are substantially equal, shall be assigned to the same pay grade.

2. Significant differences between related classes in job know-how, problem solving and accountability shall be reflected in the relative difference in assignment to pay grades.

This section is applicable to:

ADMINISTRATORS

Background

The University of Guam's compensation salary schedule is benchmarked against the College and University Professional Association (CUPA) for Human Resources Administrative Compensation Survey. The survey report contains salary comparisons for 167 administrative positions at 1,466 colleges and universities nationwide, making it the key resource for academic administrators and salary-related decision making in the higher education community. It is the benchmarking source for education salaries.

Procedures

Administrator Compensation

The President’s salary shall be negotiated and approved by the Board of Regents. The Senior Vice President Academic and Student Affairs and Vice President Administration and Finance salaries shall be negotiated and approved by the President. All other administrator salaries shall be negotiated with the appropriate Vice President and approved by the President.

Salary Levels

The initial salary shall take into account the level of responsibility, the academic rank (or equivalency), years of prior experience in the same or similar position, length of service and degree and level of management requirements as well as other criteria in the job description and reflect current local and national market condition.

Administrator Salary and Range

The President will recommend administrator salary ranges to the Board, based upon the appropriate College and University Professional Association for Human Resources (CUPA) Administrative Compensation Survey (CUPA) Administrative Compensation Survey for public universities. "An appropriate benchmark position/salary will be chosen for each approved University administrative position. The CUPA benchmark will be the median salary for that position, as evaluated by the Chief Human Resources Officer (CHRO) and approved by the appropriate Vice President. The Vice President will assist in determining if the scope of the benchmark position requires a modification or if a prior modification remains relevant. The salary range for that administrative position will be +/- 20% of the median salary from the CUPA scale. Any amount below or above the established ranges will require approval of the President with advice of the UOG Board of Regents (BOR).

Administrative Salary Increments

Each administrator will be annually evaluated and will be eligible to receive an annual increase of up to three percent (3%) depending on the results of the evaluation, until the administrator reaches the third quartile of their salary range, which is defined as 100% of the median salary. After the administrator reaches the third quartile of their salary range and until the administrator reaches the approved salary range ceiling, which is defined as 120% of the median salary, each administrator will be annually evaluated and will be eligible to receive a bi-annual increase of up to three percent (3%) depending on the results of the evaluations. In the event that an administrator reaches the approved salary range ceiling, the salary is frozen, and an annual evaluation will continue for record purposes only. Salary increments for the Senior Vice President Academic and Student Affairs and the Vice President Administration and Finance will be negotiated no more frequently than annually.

The Administrator and their respective supervisor complete the Administrator’s evaluation form in accordance with the Administrator Evaluation Reporting System Procedures Manual. Once completed, the form is submitted to HRO for review and processing of salary increment personnel action (UG2). After the UG2 is signed by the CHRO, it is transmitted to Business Office for fund certification. Upon of the receipt of the UG2 with fund certification, HRO transmits the UG2 to the Payroll Office for further processing and keys in their updated hourly rate on Colleague. HRO also transmits copies of the UG2s to the college/unit and GovGuam Retirement.

Transfer in Administrator Assignments

The President may make changes in Administrator assignments if the person holding the position obtained the position through a competitive process. Any administrator who accepts or is assigned a higher or lower level administrative position will be compensated commensurate with the salary level of the position assigned. Under no circumstance will an administrator exceed the salary level of the position assigned unless approved by the President with written notice to the Board.

Transition

Administrators currently paid above 120% of the new median salary will have their salaries frozen until it falls within the range. If an Administrator’s salary has been frozen for three years as a result of reaching the top of the range, the salary can be adjusted by a three percent (3%) adjustment every three years.

[Board Resolution 08-31, dated November 20, 2008, effective January 1, 2009.]

[BOR Resolution 17-08, Relative to Revising the List of Administrative Positions and the Administrative Salary Scale]

Updates to the Salary Scale Benchmark

The Human Resources Office should perform a review of the benchmark no less frequently than every three years to determine if an updated CUPA scale would have a significant impact on the salaries in the scale. This analysis should be presented to the Promotion and Tenure Committee of the Board of Regents. If it is determined by the Board of Regents that the salary scale should be updated, the salary of the position holder will be moved from its relative position on the existing scale to its same relative position on the updated scale. The purpose of these updates is to ensure UOG salaries keep pace with inflation. The purpose of employee increments is to reward employees for meritorious effort.

Drug Free Workplace Program Policy

Statement of Policy

The University is committed to maintaining a safe and healthy work environment free from the influence of alcohol and drugs. To that end, the University has adopted a Drug-Free Workplace Program. Compliance with the University's drug policy is a condition of employment. The University intends to take severe disciplinary action, up to including termination, against an employee who violates the University's Drug Free Workplace Program.

Prevention and Treatment

The University encourages any employee with a drug or alcohol abuse problem to voluntarily seek treatment. The University has established an employee assistance program to provide counseling and referral services for employees with drug or alcohol abuse problems that voluntarily seek help.

Prohibited Activity

The University strictly prohibits unauthorized use, possession (including storage in a desk, locker, car or other repository), manufacture, distribution, dispensation or sale of illegal drugs, drug paraphernalia, controlled substances, or alcohol on the University's premises, in official vehicles, during working hours or any activity that compromises the integrity or accuracy of the University's drug and alcohol program, or any failure or refusal to abide by the Drug-Free Workplace Program, and conviction under any criminal drug statute.

Testing

The University may require employees and applicants to be tested for drugs or alcohol upon hiring; when the University suspects that the employee's work performance or on-the-job behavior may have been affected in any way by drugs or alcohol; or when the University determines that an employee may have contributed to an accident involving fatality, serious bodily injury, or substantial damage to property. In addition, certain employees occupying specifically designated sensitive positions, referred to as Testing Designated Positions, will be subject to random drug testing. Any positive drug or alcohol test is a violation of the University's Drug Free Workplace Program. Any test for drug or alcohol abuse will be conducted using reasonable procedural safeguards.

Procedures

The procedures to effectively administer the Drug Free Workplace Program shall be those established by the University and from time to time may seek the assistance of the Director of Administration or other exterior sources through a memorandum of understanding or agreement to enhance these procedures.

[BOR Resolution ________]

Pay Actions Related to Increments

This section is applicable to:

CLASSIFIED/UNCLASSIFIED EMPLOYEES

A. Salary increment increases shall be granted as authorized by law.

B. Increment Status upon Demotion Due to Position Reclassification:

The salary increment anniversary date before the reclassification determination shall be used to determine the appropriate salary increment date in the new pay grade. Where there is no change in the waiting period, the salary increment date in the pay grade before the reclassification shall be maintained. Where there is a change to a shorter waiting period (Steps 1-7), the salary increment date before the reclassification shall be maintained. Where there is a change to a longer waiting period (Steps 8-10, 11-20), the new waiting period shall be applied.

C. Personnel Actions Not Affecting Increment Anniversary Dates:

The following personnel actions shall not change increment anniversary dates:

1. The pay grade for a class or classes of positions has been reassigned;

2. Pay adjustments from statutory amendments to the pay grade schedule;

3. Detail appointment;

4. Transfer from one position to another of the same or related class of position while retaining the same salary rate upon transfer;

5. Involuntary demotion for other than adverse or disciplinary reasons;

6. Reclassification to a class of the same pay grade or lower while the employee retains the same salary rate;

7. Salary increment freeze; and

8. Other situations as deemed appropriate and necessary.

D. Voluntary Demotion to the Same or Related Class of Positions:

The employee's next salary increment shall include the period served prior to the voluntary demotion; and provided that work performed is satisfactory.

E. Creditable Service Upon Reemployment:

Permanent classified employees who separated with the University in good standing shall be credited for time served in the increment held prior to separation when exercising their reemployment rights.

Salary Increment - Procedure

Employees entitled to an increment increase shall receive such increase according to the following schedule and upon certification by the President that satisfactory service has been rendered for the performance rating period preceding such increase (Title 4 GCA Section 6202);

A. Employees at Steps 1 through 6 shall be entitled to one (1) Step adjustment after twelve (12) months of satisfactory performance;

B. Employees at Steps 7 through 9 shall be entitled to one (1) Step adjustment after 18 months of satisfactory performance;

C. Employees at Steps 10 through 19 shall be entitled to a one (1) Step adjustment after 24 months of satisfactory performance.

D. Employees at Step 20 shall be entitled to a pay increment equivalent to 3.5 percent (%) of an employee's base salary, subject to satisfactory performance. The schedule will be determined by the Civil Service Commission.

When the hiring authority determines that a particular employee shall not be granted a salary increment, the hiring authority shall inform the Chief Human Resources Officer of such denial thirty (30) days prior to the employee's anniversary date. If the Chief Human Resources Officer does not receive a performance report or a notification of denial of an employee's salary increment, no action will be taken to adjust the employee's pay.

Employment Agreements

Employment Agreements are made between the University of Guam, a public corporation hereinafter referred to as the “UNIVERSITY,” and the employee. All agreements are subject to the approval of the President of the University and shall not be binding upon the University until and unless it is approved by the President

There are three (3) types of Employment Agreements:

Faculty Special Employment Agreement

An agreement for retirees hired as an Assistant Professor with a compensatory rate per academic year plus benefits, to include Government of Guam retirement benefits (Defined Contribution Retirement Plan) and employer contributions for medical and dental coverage. The faculty must be familiar with the nature of the expected employment as a result of having years of teaching and related experience and has expressed a willingness to provide the assistance as described in the Agreement. [Click here for the form from legal counsels' page.]

Off-Island Employment Agreement

A three (3) year Agreement for Professional Employees relocating to Guam. The University provides, transportation (mode of transportation will be at the lowest cost most direct air route from the point of recruitment to Guam and at the University’s option may be charted aircraft or by any special advance purchase fare or discount fare arrangements. The Professional Employee will comply with any advance ticket purchase requirements, discount fare requirements or charter requirements, including without limitation any requirements as to advance reservations and time and place of departure) from the point of recruitment, to Guam and authorized dependent(s); and shipment from point of hire to Guam of authorized household effects up to Three Thousand Five Hundred (3,500) pounds (600 cft) per family and One Thousand Seven Hundred Fifty (1,750) pounds (300 cft) if only Professional Employee, packed and crated.

The Professional Employee on contractual appointment who has been authorized travel expenses and moving expense and who violates this Agreement by vacating or terminating the position or by any other act, or is discharged for cause prior to completing the term of the contract, will be required to repay the University all the direct costs incurred by the University in recruitment of the Professional Employee to Guam (including, without limitation, all transportation costs, such as transportation and moving expenses). Further, the University is authorized to withhold any salary or other sums due the Professional Employee and apply such sums to liquidate any obligations of the Professional Employee to the University arising under this Agreement. [Click here for the form.]

On-Island Employment Agreement

A yearly Agreement for Professional Employees on-island. The Professional Employee accepts this Agreement with the understanding that the appointment provided is only for the term specified unless sooner terminated and that the University is not obligated in any way to renew or extend the Agreement beyond the initial term specified. Furthermore, the University, notwithstanding the provision of any law or regulation, is not required nor does the Professional Employee expect, notice of the expiration of the initial term of employment.

The Professional Employee will be granted all the usual and customary rights of professional employees of the University similarly situated, as determined by the University from time to time and as specified in the rules and regulations of the University. [Click here for the form.]

Employment Procedures and Policies

The University seeks to employ and maintain a staff of tenured and tenure-track faculty with superior qualifications to advance its mission and to nurture and support the work of those faculty members, while observing the principles of academic freedom and the tenets of the tenure system.

To provide administrators and faculty with knowledge of the policies, regulations, practices, and expectations at the University of Guam. The various provisions of this section are subject to revision from time to time by the Board of Regents, administration, and faculty on their own initiative or in response to changes in Guam law.

Employment

This section is applicable to:

CLASSIFIED EMPLOYEES

Types of Appointments

Permanent Appointment

A permanent appointment is granted to a classified employee after successfully completing a probationary period in the permanent position as per Title 4 GCA, Chapter 4, § 4106(a)(1).

Probationary Appointment

A. Probationary Period
The probationary period shall be utilized as fully as possible to determine the fitness of the employee for the position.

B. Original Probationary Period
An original probationary period shall be required when an individual who has not obtained permanent status is appointed a permanent position. This also applies to former employees who have not been employed in the University service after four (4) years of separation in good standing.

C. Duration of Probationary Period

2. In entry-level trainee positions, the probationary period may be established at not more than twelve (12) months, upon the approval of the Unit Head.

3. The President may extend an original probationary period not to exceed a total of (12) months. Written notice of the extension shall be given to the employee by the Unit Head prior to the expiration of the probationary period.

D. Discontinuance of a Probationary Appointment

If the employee fails to render satisfactory service during the original probationary period, the Unit Head may dismiss him/her provided he/she has served a probationary period of at least three (3) months. The Unit Head shall submit a recommendation for dismissal, together with the employee's performance evaluation report, to the Chief Human Resources Officer. The dismissal notice shall indicate the effective date of the action. Failure by the Unit Head to submit a probationary letter to the employee prior to the expiration of the established end date of the probationary period does not grant him/her permanent status.

This section is applicable to:

UNCLASSIFIED AND NON-CLASSIFIED EMPLOYEES

Temporary Appointment (Emergency Hire only Staff Positions)

C. The "Emergency Hire" process is unique only to the University. It was developed in response to an internal request for urgent and short-term need for limited-term employees (maximum 90 days) for grant and externally funded units. The purpose of an "emergency hire" is for the short-term and urgent need for employees for (list not exhaustive):

D. This "emergency hire" solution is a temporary solution to meet labor needs. Hires for longer than the 90-day period should be facilitated through the merit-based recruitment process for unclassified employees to meet temporary and seasonal needs; terms generally defined as one (1) year or less, but may be continued based on grant continuation and funding. Extensions may be made due to extenuating circumstances with approval from the hiring authority.

The Emergency Hire must submit the following with the packet upon recruitment:

• UOG Application

• Official college transcripts should be submitted with the application

• Police & Court Clearance

• Updated PPD Results

• Physical exam?

1. Limited-term appointments may be made to fill temporary vacancies in permanent positions, where there are no eligibles or an insufficient number of eligibles for that particular position.

2. Where limited-term appointments are proper, the appointments shall not be made until the Chief Human Resources Officer certifies that the candidate has qualified for the position.

3. Limited-term appointments are for a specified period not to exceed one (1) year unless authorized by the hiring authority and subject to availability of funds.

4. Limited-term appointments may be made without competition except that any person appointed on a limited-term basis must meet all qualification requirements including any assembled examinations.

5. Limited-term appointments are unclassified appointments and may be terminated at any time prior to the expiration of the term of employment.

6. Employees appointed on a limited-term basis may be given the usual employee benefits, as approved by the President and subject to the availability of funds.

7. Limited-term employees do not serve a probationary period.

Faculty Recruitment and Appointment

Refer to current (BOR or Board) of the University of Guam (UOG of University) and the UOG Faculty Union, American Federation of Teachers (AFT or Union)]

This section is applicable to:

FACULTY EMPLOYEES

The University of Guam is a Land-Grant Institution committed to teaching, research and public service. It is committed to providing its students with the highest quality education possible and the community with the maximum public service possible with the resources at its command. This commitment will fall short of fulfillment without the concomitant commitment of a competent and dedicated staff. The selection of quality academic personnel is, therefore, of utmost importance and is the joint responsibility of the faculty and the administration. This responsibility should be judiciously exercised and should be consistent with the need for excellence which students in particular, and the public in general, demand in higher education.

Recruitment announcements may be made off-island and on-island, concurrently. Such advertisements on behalf of the University are to be made with the approval of the President or his or her designee.

General Rules and Regulations

Only the President may offer employment and make a salary commitment.

· All tenure-track full-time faculty appointees shall be given an initial three-year contract.

· Off-island appointees shall receive relocation expenses in accordance with the current University policy.

Moving Expenses

If the faculty does not reside on Guam, the University shall provide travel expenses for the appointee and the appointee’s spouse (as defined by Guam Law) and children under the age of 18 by the least expensive and most direct air route from the point of hire and shall provide compensation for moving household goods to Guam by the least expensive carrier up to 3,500 pounds (600 cft) for a family and 1,750 pounds (300 cft) for a faculty without dependents.

The faculty may request that the University make travel arrangements prior the applicant’s departure from the point of hire or the faculty may be reimbursed for travel after his or her arrival on Guam. Arrangements for shipment of household goods will be made by the University whenever feasible to take advantage of government shipping rates. Compensation for shipment of household goods from points of hire outside the continental U.S. and Alaska will be based on the government rate then in effect of shipment of goods between Boston and Guam or actual cost, whichever is less. Prepayment of shipping costs is authorized for faculty whose point of hire is outside the continental U.S. and Alaska.

HRO will request for quotes for airfare from the local travel agencies. If airfare is less than $1,500, HRO will only need one quote. If airfare is more than $1,500, HRO will need three quotes and will select the travel agency with the lowest quote. The faculty would need to provide their boarding passes to HRO for their travel clearance.

HRO will request quotes from three local moving companies. The moving companies may contact the faculty to do a pre-move survey. Upon receipt of three quotes, HRO will choose the company with the lowest quote. The company that wins the bid will contact the applicant to finalize their pack-out.

The faculty may request to do their own travel and shipment arrangements and be reimbursed later. HRO will still need to request quotes and will reimburse the applicant up to lowest quote received. The appointee would need to provide their receipts to HRO for reimbursement.

Hotel and Car Rental

This Policy is intended to encourage faculty and administrators to arrive one (1) week before their official reporting date so that they can find housing and transportation before they have official responsibilities. The University will provide ten days of hotel accommodations and rental of a car for all new full-time faculty and administrators recruited from off-island if they arrive at least one (1) week prior to their reporting date. If they are unable to arrive one (1) week prior to their reporting date the University will reduce this benefit accordingly.

· HRO will contact three (3) hotels and three (3) car rental companies for quotes and will choose the lowest quotes.

· However, a minimum of one (1) week’s benefit regardless of arrival date will be provided. Hotel and car rental reservations will be made by the University. Selection of hotel and car rental agency will also be made by the University.

After the initial three-year (3 year) tenure-track contract, faculty members granted continuing employment may be terminated only for cause or for denial of tenure.

No faculty member may apply for a position of a higher rank without going through the promotion process, except as may be provided in the BOARD/UNION Agreement currently in effect unless stated in their employment agreement due to completion of a terminal degree. For example, an applicant may be recruited at the Instructor rank and then be granted the Assistant Professor rank upon completion of their terminal degree within their initial three-year contract. In this case, the job announcement they were recruited for must indicate the Instructor to Associate Professor Ranks. This condition must be stated in their employment agreement and approved by the President. Once HRO is in receipt of documents certifying that the faculty member completed their terminal degree, HRO will process a personnel action amendment (UG2) to reflect the change in rank, step, and salary.

Failure to be granted tenure by the end of the sixth (6th) year of full-time, tenure-track employment shall result in termination at the end of the seventh (7th) year.

The University may reopen advertisements for positions if fewer than three (3) qualified candidates apply.

No alumnus of the University of Guam shall be employed in an academic position prior to the expiration of at least five (5) years from the date the alumnus received a graduate degree from the University of Guam. Moreover, any such person, in order to be considered for appointment, must, during the five-year period, acquire relevant professional experience in higher education at another institution in the field of his or her academic specialization; or obtain a second master’s degree or a terminal degree at an accredited institution other than the University of Guam. Exceptions may be made by the President in the case of any applicant with extraordinary qualifications whose service is critically needed.

Salary for initial appointments shall be in accordance with the hiring schedule approved by the Board. Years of experience as listed in the Faculty Hiring Schedule define eligibility, not entitlement.

Whenever a regular member of the faculty is appointed to a calendar year administrative or research position, the salary for that position shall be in an amount set by the salary schedule approved by the Board.

All appointments and assignments authorized herein shall be contingent upon the availability of funds.

The Administration reserves the right to notify faculty members, if done prior to their initial employment, that they are minimally qualified for the position. Such faculty members may be required to have a plan of self-development and to fulfill the terms thereof in order to have subsequent renewal of employment.

The formal offering of the contract shall be made by the President of the University and shall contain the salary commitment and rank determined by consultation with the Senior Vice President, Academic and Student Affairs, Dean/Director and the unit involved.

Tenure Track Full-Time Faculty Appointments

Tenure track full-time appointments to the academic ranks of Assistant Instructor, Instructor, Assistant Professor, Associate Professor and Professor and the positions of Extension Agent I, II, III, IV, and Extension Specialist shall be based on the individual’s educational attainment, training, relevant teaching, research and professional experience, and quantity and quality of productivity, particularly in higher education.

· Preference shall be given to persons who have earned a terminal degree. Except as otherwise provided in these rules and regulations, the master’s degree shall be a minimum requirement.

· Regular, full-time faculty members shall be compensated in accordance with the salary schedule established by the Board of Regents.

· The Master’s degree is the appropriate (minimum) degree for hiring at the Instructor/Extension Agent II ranks and the terminal degree is the appropriate (minimum) degree for hiring at the assistant professor and higher ranks. The Bachelor’s degree is the appropriate (minimum) degree for hiring at the Assistant Instructor/Extension Agent I level.

Non-tenure-track Full-time or Part-time Faculty Appointments

Qualified persons may be given non-tenure track appointments. No non-tenure track appointment should be construed as assurance of, or as carrying with it the prospect of regular appointment or of continued employment with the University. Part-time instructors shall at no time be given more than a 50 percent teaching load as determined by the appropriate load formula. Part-time appointees are not entitled to personnel benefits and other privileges normally accorded regular faculty members and are not eligible for committee membership.

Non-tenure track faculty are evaluated and may apply for promotion in accordance with the procedures for regular faculty. Non-tenure track faculty may not apply for or be granted tenure, nor shall the years served be counted as probationary service for tenure unless otherwise agreed to in the initial tenure-track contract.

See the BOARD/UNION Agreement regarding recommendation of part-time faculty by the unit.

Part-time Faculty Appointments

Part time faculty appointees are non-tenure track. Their appointments shall be for a period of not more than one (1) academic year.

· The salary of part time appointees paid by the University shall be at the salary level and step in the academic rank to which they are appointed. If paid by an outside agency, it shall be at the level determined by the funding source and approved by the University. Faculty teaching through Professional and International Programs (PIP) shall be paid by PIP rates.

· The college or unit to which a part time appointee is assigned shall regularly evaluate the appointee’s teaching, research or professional service, using the same criteria used for evaluating regular faculty members. Such evaluation shall be considered in determining renewal of employment.

· Part-time appointees are not eligible for promotion or tenure.

· Part-time appointees are not entitled to personnel benefits unless funding is provided by outside sources; nor to other privileges and benefits accorded regular faculty members.

· Time served under a part time appointment shall not subsequently count toward tenure or be considered for promotion purposes. Neither shall such appointment be construed as assurance of, or as carrying with it, the prospect of eventual regular appointment.

· Part-time appointees are not eligible for elected committee membership. The University will provide office space or clerical help when available.

[UOG Board Resolution 17-20 and 17-35]

Part-time faculty are recruited through the college. Each college’s administrative staff is responsible for providing HRO with the part time faculty’s complete application packet and inputting the part-time faculty into their appropriate courses on WebAdvisor. The part-time faculty’s course information is uploaded into the electronic part time faculty workflow by Computer Center Staff. From there, the entries are pushed to college administrative staff, then to the Dean, then to SVP Staff, then to SVP, then President staff, and then President. After the President approves the entries, they go back to the unit. The unit downloads the part time faculty personnel actions (UG1s) from the part time faculty workflow and provides them to HRO. Upon receipt, HRO reviews the UG1s and has the CHRO sign the UG1s. Then the units are notified to have the part time faculty sign personnel actions and/or have the part time faculty in-process if they are new part- time faculty.

Part-time faculty that are active within two years do not need to resubmit a new application packet and in-process. For example, a part-time faculty may teach for Fanunchanan (Fall) Semester, skip the Fanomnakan (Spring) Semester, and come back the following Fall Semester. Part-time faculty are still responsible with providing HRO with updated yearly TB Clearance documentation with HRO.

Part-time faculty who have a break in service of two years or more will need to resubmit a new application packet and in-process again.

Visiting Professor

A scholar on leave from another institution and whose qualifications are exceptionally suitable for the special instructional needs of the University, may be appointed a Visiting Professor in his or her rank for a period of not more than one academic year.

The salary of a visiting Professor shall not be more than the Visiting Professor’s salary at his or her home institution. The Visiting Professor shall not be eligible for retirement, leave benefits and life insurance coverage, but may participate in the University’s group medical and dental insurance plans.

Exchange Professorship

The President is authorized to negotiate exchange professorship agreements with other accredited institutions for the purpose of enhancing mutual staff/faculty professional development.

The terms and conditions of such agreements shall be subject to the approval of the Board of Regents.

Endowed (Chair) Professorship

Appointment to an endowed professorship is a distinct honor extended only to an outstanding scholar with a terminal degree or equivalent whose compensation (salary, fringe benefits, etc.) has been funded by the donor of the endowment.

The appointment is to be made by the Board of Regents, upon the recommendation of the President, with the advice of the appropriate Dean and shall be only for a period specified by the donor or as may be limited by the amount of the endowment.

Research Affiliate

The title of Research Affiliate may be given by the President to a person engaged in the planning, conduct, and/or supervision of individual or term research at the University, and who has professional competence as evidenced by relevant professional experience in the field or discipline of the research project.

A Research Affiliate is not an employee of the University and will not, therefore, be entitled to compensation or employee benefits.

Research Fellow

Ph.D. of other terminal degree. Research fellows perform professional level activities which may include analytical work, project design, implementation, laboratory and field work, data analysis and reporting and supervisory responsibilities.

Research Associate

The title of Research Associate may be given to a person engaged in individual or team research funded by external sources.

A Research Associate shall have a minimum of a bachelor’s degree in his or her specialty area. The wage or salary will depend on relevant experience and academic credentials and shall be a matter of negotiation.

A Research Associate does not hold faculty status but shall be eligible for personnel benefits if budgeted in the grant proposal or obtained from other external funding source.

Research/Extension/Teaching Assistant

The title of Research or Extension or Teaching Assistant may be given to an individual engaged in assisting in research, extension or service projects or assisting in instruction funded by either local or external sources. The hourly wage shall be comparable to the most current wages paid for similar type of employment.

An assistant does not hold faculty status but may be eligible for personnel benefits if funds are budgeted.

Undergraduate Teaching Assistants provide administrative support for quiz, discussion, or laboratory sections and serve as class assistants. Faculty or other academic personnel provide appropriate guidance and feedback, particularly in cases where Undergraduate Teaching Assistants are filling new roles and engaging in activities that are new to them. Undergraduate Teaching Assistants may not perform teaching duties.

Teaching Assistants with a Bachelor’s degree and/or Graduate Students lead quiz, discussion, or laboratory sections, serve as class assistants, or provide supervised teaching. Faculty or other academic personnel should provide appropriate guidance and feedback, particularly in cases where Teaching Assistants are filling new roles and engaging in activities that are new to them. A Teaching Assistant (Graduate) is usually a pre-master’s or a graduate student.

Clinical Associate for School of Nursing and Health Sciences

This is an uncompensated honorary position, which includes some privileges and some responsibilities. A candidate for this position must meet the qualifications of one of the regular positions within the Division of Nursing. A person with less than a B.S. degree in Nursing may be appointed as a Clinical Associate with the approval of the President.

A Clinical Associate must be working in some cooperative way with one or more of the nursing faculty in the offering of a nursing course, but not as an employed teacher.

A Clinical Associate is not an employee of the University and will not be entitled to compensation or employee benefits.

In lieu of salary and other regular employee benefits, a Clinical Associate may be granted permission to use University facilities such as the Library and the Nursing Auto-Tutorial Center and may attend special programs.

Salary

Salary schedule for faculty hires is established by the BOR, in accordance with the BOR/Faculty Union Negotiated Agreement.

Equal Employment

Equal Employment Opportunity and Non-Discrimination / Non-Harassment

Policy/Procedure Statement

The University is committed to maintaining the campus community as a place of work and study for faculty, staff and students, free of all forms of discrimination and harassment that are unlawful under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq., or other applicable law. The University prohibits unlawful discrimination or harassment against any member(s) of the University community including faculty, student-employees, staff and administrators and applicants for such positions. Students (including student-employees) should also review the policies as summarized in the student handbook, and faculty should consult the faculty collective bargaining agreement. In case of questions or concerns regarding this Policy, please contact the University's Equal Employment Opportunity and ADA/Title IX Office, (671) 735-2244, 735-2243 (TDD); Office of the President, UOG Station, Mangilao, Guam 96923, (671) 735-2990/5; or the University's Senior Vice President, Academic and Student Affairs Office, (671) 735-2991/4.

Reason for the Policy/Procedure

The University is an equal opportunity employer and is firmly committed to non-discrimination in its hiring, termination, compensation, promotion decisions and in all other employment decisions and practices and in the application of its personnel policies and collective bargaining agreements. In compliance with all applicable laws, except where a bona fide occupational qualification exists, employment decisions will be made irrespective of the employee’s or applicant’s race, color, religion, religious creed, national origin, age (except for minors), disability, sexual orientation, gender, citizenship status, military service status, and/or any other status protected by law. This policy prohibits retaliation because one has in good faith filed a complaint concerning behavior prohibited by this policy, or has reasonably opposed, reported or stated the intent to report such behavior or is participating in a related investigation, proceeding or hearing regarding such a matter.

Scope of Policy/Procedure and Exclusions

All members of the University community must comply with this policy. The University will take prompt and effective corrective action in response to any complaint showing a violation of this policy. The University will reasonably accommodate qualified individuals with disabilities as defined by federal law if the individual is otherwise qualified to safely perform all essential functions of the position and if it will be done without undue hardship to the University.

The University’s policy is supported by, and consistent with federal law. This policy thus accepts the mandate set for in Titles VI and VII of the Civil Rights Acts of 1964 and Title IX of the Educational Amendments of 1972.

Who Should Read this Policy/Procedure

All members of the University community must comply with this policy.

Responsibilities

This policy is maintained by the EEO/ADA and TITLE IX Office. The EEO/ADA and TITLE IX Office and Director, EEO and Title IX/ADA Coordinator will review this policy on at least on a biannual basis, with the assistance of an advisory group consisting of faculty, staff, and may include community representatives selected by senior leadership of that office. The review will capture evolving legal requirements, evaluate the supports and resources available to the parties, and assess the effectiveness of internal processes.

Definitions

No Harassment: Harassment based on race, sexual orientation, gender, national origin, color, religion, religious creed, age, disability, citizenship status, military service status, or any other status protected by law, is prohibited by University policy. Prohibited harassment in any form, including verbal and physical conduct, visual displays, threats, demands and retaliation is a violation of this policy and will not be tolerated. Prohibited acts that constitute harassment take a variety of forms. Examples of the kinds of conduct that may constitute harassment include, but are not limited to:

1. Verbal conduct such as epithets, derogatory comments, slurs, or unwanted sexual advances, invitations, or comments;

2. Visual conduct such as derogatory posters, photography, cartoons, drawings or gestures;

3. Physical conduct such as unwanted touching, blocking normal movement, or interfering with work because of gender or any other status protected by law;

4. Threats and demands to submit to sexual requests in order to keep your job or avoid some other loss, and/or offers of job benefits or conditions in return for sexual favors;

5. Retaliation in the form of adverse actions because one has opposed, reported or stated the intent to report harassment or because one is participating in a related investigation, proceeding or hearing.

Sexual Harassment: Sexual harassment is a specific form of prohibited harassment which occurs when an individual's behavior constitutes (1) unwelcome sexual advances or (2) unwelcome requests for sexual favors, or (3) other unwelcome verbal or physical behavior of a sexual nature where:

1. Submission to such conduct is made explicitly or implicitly a term or condition of an individual's education or employment; or

2. Submission to, or rejection of, such conduct by an individual is used as the basis for academic or employment decisions affecting the individual's welfare; or

Feedback

University staff and students may provide feedback about this document by emailing eeo-ada@triton.uog.edu

The Policy/Procedures

Complaint Review Process:

In General

The University encourages individuals who believe they may have experienced discrimination or harassment in violation of University policy, or is aware that another person has allegedly engaged in such discrimination or harassment, to report such information using this complaint process. It is expected that review of these matters will begin expeditiously and that complaints will be resolved promptly and ordinarily no later than 45 days from receipt of the complaint. Confidentiality will be maintained to the extent appropriate in consideration of the circumstances. In addition to these procedures, complaints may be filed with the Equal Employment Opportunity Commission (EEOC) at the Hawaii District Office, Honolulu Office, Prince Kuhio Federal Building, 300 Ala Moana Blvd., Rm 7-127, Honolulu, HI 96850-0051, and the Office of Civil Rights of the US Department of Education at Federal Building, 50 United Nations Plaza, Room 239, San Francisco, CA 94102.

Intake

Complaints may be made in the following ways: An individual (“Complainant”) may present the complaint to the University Director, EEO & Title IX/ADA Coordinator, a University EEO counselor (collectively, “University intake person”), or to an administrator or officer of the University in the reporting relationship above the complaining individual or one who is above the person about whose behavior the complaint is made. A list of the available University intake persons and their phone numbers is contained on the University web site. Wherever possible, the complaint should be made in writing and as soon as possible after the Complainant becomes aware of the prohibited behavior. If the Complainant declines to present a complaint in writing, the University intake person or the other University administrator or officer who receives the complaint will prepare a memorandum of the complaint made in oral fashion and in all situations promptly notify the University’s Director, EEO & Title IX/ADA Coordinator of the filing of the complaint, unless the complaint is against the University’s Director, EEO & Title IX/ADA Coordinator. Should the Complainant choose not to file a complaint with these persons, he/she may bring the complaint to the University's Senior Vice President or any vice president, dean or other senior University administrator, and should reference the matter wherever possible as arising under the University Policy for Equal Employment Opportunity and Non-Discrimination/Non-Harassment. The University's Director, EEO & Title IX/ADA Coordinator shall be responsible to see that the Complaint is handled in the manner prescribed in this Policy, unless the complaint is against the University's Director, EEO & Title IX/ADA Coordinator, in which case the University's Senior Vice President shall do so.

The University's Director, EEO & Title IX/ADA Coordinator will inform the Complainant and where appropriate, the person whose conduct is alleged to violate the policy (“Respondent”), of this Policy, the procedures for resolution and the administrator or officer of the University who will be responsible for a final determination of the complaint (“decision maker”). The selection of the decision maker will be made with consideration of the reporting and/or academic relationships of the Complainant, Respondent and others involved. It is not possible to prescribe in advance the identity of the decision maker in all situations, given the unique organization of academic institutions.

Process

The Complaint will be reviewed, generally by the University's Director, EEO & Title IX/ADA Coordinator, and resolved according to this policy, including that an investigation will be conducted if one is warranted. If the complaint is against the University's Director, EEO & Title IX/ADA Coordinator or an individual in supervision over the Director, EEO & Title IX/ADA Coordinator, the University will designate an individual independent of the University and who is not employed by an entity of the government of Guam, who is trained and experienced in EEO matters, to conduct the investigation if one is warranted and/or otherwise appropriately inquire into the complaint. Any investigation will proceed expeditiously and appropriately to investigate the matter, including interviews of individuals, if necessary, and a written summary of the facts relevant to the complaint will be prepared and, if any, the recommended corrective action.

Resolution

The University shall take prompt and effective action in response to the complaint. The decision maker will make a determination of the complaint in a manner consistent with the particular facts and circumstances of the complaint.

If the decision maker finds that the complaint in whole or in part shows a violation of the University policy, the decision maker shall determine what corrective action is appropriate and including, where appropriate, disciplinary action of the Respondent or others. Violations of this policy may result in disciplinary action such as warning, suspension or termination from employment or of any other affiliation with the University, etc. The decision maker may determine that the complaint does not show a violation of the University policy. If so, the decision maker shall so inform the Complainant and Respondent.

The decision maker will prepare a written summary of his/her determination. After the determination regarding the complaint has been made, to the extent appropriate the determination will be communicated in person to the Complainant within 5 days if the Complainant is available to meet.

Non-Retaliation

No member of the University community may be subjected to interference, coercion or reprisal for seeking advice concerning a matter under this Policy, reasonably filing a complaint, or otherwise in good faith participating in the internal complaint process or in a complaint process external to the University. The University will not so retaliate against any person making a complaint and will not knowingly permit retaliation.

Appeal of Discipline

Respondents or others who receive disciplinary action as a result of a complaint under this process may appeal under the provisions of the appropriate grievance procedures, if any, for faculty, staff, and students.

Other University Procedure

Time periods for filing of complaint, investigation and resolution should be advanced if proceedings under University collective bargaining agreements or other University procedures so warrant it.

Faculty-Faculty Dispute Resolution Policy

This section is applicable to:

FACULTY EMPLOYEES

A grievance for this purpose is defined as a complaint by an employee governed by these policies that there has been a violation of any of the provisions of these rules or the established policies of the Board. [Negotiated Agreement by and Between the Board of Regents (BOR or Board) of the University of Guam (UOG or University) and the UOG Faculty Union, American Federation of Teachers (AFT or Union), Local 6282, December 1, 2018 – April 30, 2023, Article IX]

It is the policy of the University of Guam Board of Regents that there be a method of resolving disputes and conflicts that may arise between and among faculty members. This method must be mutually respectful of our community of scholars and confidential.

There shall be three levels:

Level 1 Initial Dispute Resolution

Use of Systematic Dispute Resolution Techniques by the Parties Involved

1. The University shall provide training in one or more particular systems for negotiating resolutions to disputes for all full-time faculty through workshops, as funding is identified. Inafa' Maolek Community Mediation Center, or other personnel with certified training in alternative dispute resolution, under contract with the University, shall provide this training. Following an initial series of workshops, training for new faculty shall be provided periodically, as needed.

2. When disputes between faculty members arise, faculty are encouraged to resolve them using the skills acquired and systems described in their negotiation training.

Level 2 Formal Dispute Resolution

Mediation by Neutral Third Parties: Members of a Faculty Dispute Resolution Committee

1. The University shall provide a minimum of one faculty member per UOG division with training in basic mediation techniques, through periodic training in Alternative Dispute Resolution. Division chairs shall be encouraged to complete this course, with training or workshops provided by UOG. If a division chair declines or is unable to complete the course, the chair shall nominate another member of the division to complete the training.

2. Faculty members trained in mediation through UOG-approved training shall become members of a Faculty Dispute Resolution Committee (Committee), tasked with supplying mediation for faculty members who have attempted a Level 1 solution (as described above) without success. To ensure neutrality, a given faculty mediator shall be assigned only to disputes from outside his or her own division. Any of the parties in the dispute shall have the right to reject one or more mediators tentatively assigned to the case, if the party feels that the given mediator(s) cannot be impartial. In that event, the mediator(s) in question may be excused, and one or more substitutes appointed prior to the mediation. The Chair of the Committee shall make the determination. Each member of the Faculty Dispute Resolution Committee shall serve until replaced by another trained representative of his/her unit; until s/he voluntary resigns; until the member no longer holds a full-time position as a faculty member at the University of Guam; or until removed by a two-thirds vote of the other active members or the Senior Vice President, for reasons of unavailability, unsatisfactory performance as a mediator (an unusual number of failed mediations), or repeated departures from ethically sound mediation procedures, such as confidentiality breaches.

3. When constituted, and at the beginning of each academic year thereafter, the Faculty Dispute Resolution Committee shall elect a Chair and Vice-Chair. The Chair shall have the responsibilities of reviewing confidential applications for mediation, and selecting appropriately neutral mediators to conduct the mediation. Mediators appointed to a case will conduct pre-mediation screening interviews as needed, then schedule and conduct the mediation. The Vice Chair shall assist the Chair in these duties, and serve as Acting Chair when the Chair is unavailable. As the system matures, members with greater experience as mediators shall be appointed to serve as co-mediators with less experienced members.

4. Participants in a mediation shall be required to sign a release protecting the mediator(s) from involvement in any court case(s) arising from the dispute. This procedure safeguards the confidentiality of mediations, and prevents attempts by participants to harass or bias volunteer mediators. Such releases are lawful, and currently in effect in many U.S. states.

5. Participation in mediation is confidential: mediators shall not disclose the names of faculty who participate. Comments and statements made during a mediation shall remain confidential, and may not be shared with anyone without the express written permission of both parties. Mediators shall destroy any notes taken during the mediation, at its conclusion. Mediators will not discuss events or comments taking place during the mediation with anyone other than the participants, and cannot take part in Level 3 resolutions.

6. Participants in mediation will be asked to evaluate the mediation. The Committee shall review these evaluations periodically and work with mediators to improve continually the quality of their services.

7. Priority for mediation services shall go to faculty in divisions with active representatives in the Faculty Dispute Resolution Committee.

8. At the conclusion of a given mediation, the mediator(s) shall provide to each participant a copy of any written agreement developed by the participants. With the written consent of all participants, such agreements may be presented to the appropriate administrator if the case moves to Level 3.

Level 3 Dispute Resolution

Arbitration by an Appropriate Administrator

1. In the event that one or more of the parties in a dispute refuses mediation, or in the event that a mediation at Level 2 is ineffective, the Chair of the Faculty Dispute Resolution Committee shall refer the case to arbitration by an appropriate administrator.

2. The University shall provide periodic training in arbitration, to be facilitated by qualified contract personnel, for all deans and directors, and all senior administrators who will arbitrate faculty disputes, with training expenses provided by the University. [Board Resolution 09-10]

Faculty Travel Grant

Faculty Travel Grant Pre-Verification Processes

This section is applicable to:

FACULTY EMPLOYEES

Procedures

1. Upon submission of applications as per the deadlines (Note the change in 4th quarter date from January 1 to February 1) HRO will receive applications no later than the deadlines. Only the Senate Committee on Faculty Excellence (SCFE) Chair may make exceptions. A checklist is provided on the application form for checking that all supporting documents are attached or information is provided as necessary. IMPORTANT NOTE: It is stressed that the application form must be received at HRO no later than the established deadline dates, but other documents such as the acceptance notification, registration information, etc. may be submitted later if they are still pending.

2. On the deadline date, HRO informs the SCFE that applications have been received and a meeting with the committee is set up for review of applications.

3. HRO prepares a travel list or chart to indicate the applications received. The chart is arranged by completed applications (as per checklist on application) and the priority level as discussed earlier.

4. Copies of the chart are provided for each committee member (normally three plus the HRO representative. All applications are brought to the meeting for the committee’s review and deliberation.

Note: this does not include procedures once the applications have been reviewed and the recommendations approved by the Senior Vice President.

Furlough Policy

Classified Employee Furlough Procedures

(source: IPRR PRR Appendix H)

This section is applicable to:

CLASSIFIED EMPLOYEES

Purpose

To establish Furlough procedures as an option for the government of Guam to cut administrative costs and continue to provide vital public service to the people of Guam. In addition, furlough procedures shall be administered and coordinated with procedures for employee layoff, priority placement, outside employment, and leave without pay policy. The Director of Administration may revise, change or add to the following policy and procedure, as appropriate, subject to the review of the Civil Service Commission.

Statement of Policy

It is the policy of the government of Guam to resort to employee furlough, when necessary, to avoid layoff of employees and to ensure that the government meets its commitment to the people of Guam in the areas of education, health, safety, and other vital services. This procedure will be used only after all other efforts have been explored by departments and agencies to cut operating costs. Heads of departments and agencies shall submit requests for employee furlough to the Director of Administration for approval.

Definition

A furlough action is the placement of an employee in a temporary non-duty and non-pay status on a continuous basis (for example 10 consecutive days), or a noncontinuous basis (for example one day a week). A furlough is not a layoff or reduction in force action.

Reasons for Furlough

Furlough is caused by any one of the following reasons:

1. Lack of work.

2. Shortage of funds.

3. Insufficient personnel authorization.

4. Reorganization.

5. Reclassification of an employee's position due to erosion of duties when such action will take effect after a formal announcement of a reduction in force.

Time Limit

Departments/agencies may furlough an employee for a period of time listed below:

1. One to thirty (1 to 30) consecutive days on a continuous basis, or 22 workdays if done on a continuous basis.

2. More than 30 consecutive days, or more than 22 workdays to a maximum of one year. The one-year limit begins the day after the notice period ends and when the furlough begins.

Voluntary Furlough

Employees who are interested in taking leave of absence without pay will be encouraged to voluntarily apply for a furlough. This opportunity is especially beneficial to employees who have outside part-time employment. Employees who volunteer for furlough, for a period not to exceed one year, will be allowed to work increased hours at their outside employment without regard to the scheduled hours of work with the government.

Involuntary Furlough

Where budget constraints are crucial, the Director may resort to involuntary furloughs after it has been decided that the voluntary furlough will still not meet the necessary cost reduction. Furloughed employees shall be furloughed, based on retention points, for the time limits authorized above. Furlough will be used to the maximum extent possible in order to reduce the necessity for layoffs. Departments and agencies having exclusive bargaining units must work with the employee unions to explore all avenues to avert layoffs, and obtain their support for this option.

Restrictions

A department or agency may not:

1. Furlough any employee it does not intend to recall to duty in the same position within one year; or

2. Separate an employee through layoff while an employee with lower retention points in the same competitive level is on furlough.

Furlough Impact on Employment Benefits

Employees on furlough, voluntary or involuntary, will be covered for health benefits based on the following conditions:

1. The government will pay for both government and employee contributions during any period of furlough only when the employee is certified to have family income at or below the Department of Public Health and Social Services, Medically Indigent Program Income Eligibility Level for the specific household size.

2. Employees with some form of income (e.g., spouse's income, part-time or fulltime job, etc.) during the furlough period shall be required to pay for the employee's contribution portion only, of the health plan premium provided this income is greater than the Department of Public Health and Social Services, Medically Indigent Program Income Eligibility Level for the specific household size.

Employees who wish to continue their life insurance benefits will be required to pay for the premium for supplemental plans only. The employee will continue to be fully covered for the basic life insurance while on furlough.

Furlough Retention Rights

1. Release by Furlough. The action to release an employee scheduled for a furlough must be consistent with established · layoff procedures. A department/agency may furlough an employee under the layoff provisions only, if the employee has no right of assignment, or refuses an offer of assignment. A furloughed employee who accepts another offer of assignment, becomes the incumbent of the offered position unless the employee accepts an offer of recall to the position from which furloughed.

2. Assignment Rights. In determining whether a furloughed employee has assignment rights to another position, it is important for the department/agency to consider whether the offer would result in undue interruption to the organization. Since a furlough anticipates an employee’s recall to the same position, the agency should consider whether undue interruption would result from the displacement of a lower-standing employee, and from the recall of both employees to their positions of record at the end of the furlough period. The assignment right does not apply when all employees in the department/agency are furloughed at the same time, or on the same basis. For example, if all employees in the Department of Administration were furloughed one day a week (either the same day or different days) on a noncontinuous basis for 28 weeks, none of the employees would have a right of assignment to another position. If only some of the employees were furloughed one day a week for 28 weeks, and other employees were not furloughed, the furloughed employees would have a right of assignment to positions held by employees with lower retention standing, and not affected by the furlough only if there was no undue interruption.

Recall from Furlough

If all employees furloughed from a competitive level cannot be recalled at the same time, the employees must be recalled according to their retention points beginning with the highest-standing employee.

Separation in Lieu of Recall

1. No Recall. If the situation changes and a department/agency determines that a furloughed employee cannot be recalled within the one year period, the employee must be separated unless the employee accepted an offer of assignment to another position. If some, but not all furloughed employees in a competitive level must be separated, employees are selected for separation by retention standing points beginning with t'1e lowest-standing employee. A new layoff notice of separation must be given to the furloughed employee at least 60 days prior to the end of the one-year furlough period. The separation of a furloughed employee is a new layoff action. Separated employees are entitled to the same rights as those employees separated through regular layoff procedures.

2. Failure to Return. If a furloughed employee refuses or does not respond to a notice to return to duty, the department/ agency may separate the-employee by layoff effective on the specified date of recall. A new layoff notice of separation is not required.

Procedures

Department and agency heads must submit a request to the Director of Administration for authorization to conduct a furlough within six months of the proposed furlough. The request must specify the reason for the furlough, the number of employees and/or positions to be affected, and the duration of the furlough. After the Director's approval, the following procedure applies:

1. A written 30-day notice that a furlough is planned, must be issued to all employees (whether or not identified for furlough) in the department/agency. The notice must include the following information:

a. The date the furlough will commence.

b. The period of furlough (i.e., 1-30 days continuous, 22 or more days noncontinuous, or a maximum of one year).

c. Employees may volunteer to be furloughed.

d. Loss of some employment benefits for furloughed employees.

e. Employees under furlough are not restricted from seeking other employment during the furlough period. Those employees who already have part-time jobs while employed with the government, may opt to increase their hours of work up to a full-time basis during the furlough period.

f. Furloughed employees must report to work when recalled to duty.

g. Furlough will be conducted in accordance with employees' retention standing points.

h. Furloughed employees have the right to appeal to the Civil Service Commission.

2. Encourage the use of voluntary furlough to the maximum extent possible before implementing involuntary furlough.

3. Coordinate with the Department of Administration, Division of Personnel Management, with regard to the feasibility of assigning employees reached for furlough, to ensure fairness in the assignment and that the furlough poses no unnecessary disruption to the agency's/department's mission.

4. Those employees who cannot be assigned to other positions within the department/agency will receive written "Notice of Furlough." This final (or second notice) will again include the same information as the first notice. In addition, the furloughed employee shall be:

encouraged to continue his insurance coverage by personally paying for the premiums.
informed that his name will be retained in a "recall list" for one (1) year and must keep current address and telephone number at the DOA Personnel Office.
informed that if he fails to provide a current home address on record with his/her department/agency, will lose recall rights.
informed that he must respond to the recall notice within seven (7) days of receipt or its attempted delivery, or lose his rights for reemployment.
notified that he must inform the agency/department, or DOA Personnel Office if he becomes unavailable for recall.
provided appeal rights to the Civil Service Commission.

Recall

Employees will be recalled according to need, classification, or ability to do the job based on retention standing points. The recall notice will be sent registered mail, return receipt requested, to the current home address furnished by the employee. Returning employees will be paid the same salary as before they were furloughed. Any unused sick leave or annual leave accrued prior to the furlough will be reinstated. All employment benefits will be restored at the same rate as before the furlough.

Non-Classified Employees

This section is applicable to:

NON-CLASSIFIED EMPLOYEES

Voluntary and Involuntary Furlough

When a furlough is deemed necessary, the following procedures apply:

A written general notice of at least 30 days is issued to all employees. Notice shall include date the furlough will commence and period of furlough (1-30 days continuous, 22 or more days non-consecutive, or a maximum of 1 year).

(Voluntary) – Employees affected by the furlough may voluntarily apply for a furlough. Employees will be on leave of absence without pay during this period and have the opportunity for outside part-time employment. Employees who volunteer, for a period not to exceed 1 year, will be allowed to work increased hours with their outside employment. Furloughed employees must report to work when recalled to duty.

(Involuntary) – Furloughed employees shall be furloughed based on retention points (1-30 days continuous, 22 or more days non-consecutive, or a maximum of 1 year).

Purpose

University of Guam is required to balance its operating budget each fiscal year. This policy provides the framework for the implementation of a furlough plan for non-faculty employees that would allow the University to balance its budget or maintain sufficient operating cash balances, if it faces a reduction in Government of Guam funding or other loss of revenue that causes shortfalls in available funds for continuing sustainable operations.

Statutory Authority

Legal authority of the University of Guam Board of Regents (BOR) is contained in Public Law 13-194, Public Law 17-55, and Public Law 19-40, which provide the necessary autonomy and charter for the University of Guam. These laws are further codified in Title 17 GCA (Guam Code Annotated), Chapters 15 to 22, and include programmatic and other defined relationships. Public Law 9-233 changed the College of Guam to the University of Guam.

If the President determines that the University is facing a significant operating budget deficit or insufficient cash balances for continuing sustainable operations, a mandatory furlough plan may be implemented in accordance with the procedures in this policy.

Definition

a. A furlough is an unpaid leave of absence from work for a specified period of time.

b. Non-faculty employees are not permitted to work within the University when taking furlough time unless such work is externally funded and approved by the President. They may work at outside employment during any furlough.

c. Non-faculty employees may not use accrued paid leave during periods of furlough.

Employees Subject to Furlough

d. All non-faculty employees (full/part-time, permanent/term) may be subject to a furlough, regardless of funding source.

e. Non-faculty employees who are holders of H-1B visas, as defined in 20 Code of Federal Regulations §655.731, will not be subject to furlough.

f. A furlough plan may exclude non-faculty employees who perform functions essential to maintain health and safety on the University campus. Any such exclusion must be approved in writing by the President.

g. Classified staff are subject to furlough policies found in the University Policy Manual for Classified Employees.

The Furlough Plan

a. After review by the administration and consultation with the BOR, the President may adopt a furlough plan which will set forth the number of furlough days and the period of time within which they must be taken.

b. The President may extend, modify, or cancel a furlough plan in accordance with this policy.

c. Before implementing a furlough, the President will call for voluntary furloughs.

d. Furlough days will be scheduled by the supervising administrator subject to the operational needs of the department or unit. Furlough days must be scheduled in a way that allows the department or unit to continue to provide a basic level of service.

e. Furlough days must be taken on days that an employee is normally scheduled to work.

Notice

Non-faculty employees subject to furlough will be given notice of a furlough at least 30 days before it is to be taken.

Appeals

A furlough plan adopted pursuant to this policy may not be appealed under any other University policy or internal grievance process, except for Classified Employees.

Benefits During a Furlough Period

a. Health care, dental care, and life insurance benefits will not be affected by a furlough.

b. Non-faculty employees will continue to accrue vacation and sick leave during a furlough, but not FMLA credit.

c. Retirement contributions (by both the employee and the University) will be affected by furloughs as contributions are based on actual earnings.

d. The furloughed employee remains responsible for making all employee contributions during a furlough period, including health care, dental care, flexible spending accounts, and 403(b) contributions, etc. The University will continue to make its share of contributions during a furlough period, including health care, dental care, and life insurance.

e. All miscellaneous authorized payroll deductions will continue to be made during a furlough period, including credit union deductions, charitable contributions, university payments, and child support, etc., provided the furloughed employee has earned sufficient pay in that pay period for the payroll deduction to be made.

f. A non-faculty employee’s continuous service credit, review date, and employment status will not be affected by any period of voluntary or involuntary furlough.

Recall

Non-faculty employees will be advised by the President of the end of the furlough and the plan to return to normal operations. Any unused sick or annual leave accrued prior to the furlough will be reinstated. All employment benefits will be restored at the same rate as before the furlough.

Grievance Procedures

Non-Classified Non-Faculty Employees

Right to Present Grievance

This section is applicable to:

NON-CLASSIFIED EMPLOYEES

It is the policy of the University of Guam Board of Regents that there be a method of resolving disputes and conflicts that may arise between and among staff level employees.

Informal Resolution

Employees are encouraged to seek informal resolution of grievances and absent extraordinary circumstances, employees shall discuss their grievance with the appropriate administrator prior to filing a formal grievance.

Time Limit for Presenting Grievance

An employee may submit a formal grievance to the appropriate administrator at any time after becoming aware of any grievable matter but not later than twenty (20) business days after the date the employee became aware of or reasonably should have become aware of the matter being grieved. If a grievance is not submitted on or before the expiration of the time period, the employee shall forfeit the right to pursue that grievance. Grievances alleging a violation of the University’s nondiscrimination and affirmative action policies shall not be subject to the 20-day time limit but may be brought within the time permitted by law for pursuing discrimination complaints with governmental bodies.

Form of Grievance

A grievance shall be in writing and shall set forth a statement of the action grieved, the specific term or provision of the University policy(ies) or practice(s) violated and the specific remedy sought.

The grievance shall be filed with the Administrator of the Division of the University in which the employee works. If the grievance is against that Administrator, the grievance shall be filed with the administrator’s supervisor. The Administrator shall have a copy of the grievance made and sent to the appropriate University personnel administrator.

Grievances against the President shall be filed with the Board of Regents who shall consider the grievance through an ad hoc procedure.

Grievance Levels Non-Classified Non-Faculty Employees

Step 1

Absent extraordinary circumstances, the Administrator with whom the grievance has been filed shall, within ten (10) business days, conduct a formal conference with the grievant and the person grieved against, permitting them to provide any necessary information relevant to the grievance. Absent extraordinary circumstances, the Dean or Director shall render a written decision within ten (10) business days of the conference.

Step 2

If not satisfied with the results of Step 1, the grievant may, within five business days, appeal to the supervisor of the administrator with whom the grievance was filed. If that supervisor is the President, the process moves to Step 3.

Absent extraordinary circumstances, the Vice President shall hold a hearing within fifteen (15) business days of receipt of the appeal or grievance and, absent extraordinary circumstances, shall render a written decision within ten (10) business days of such hearing. The hearing shall be open or closed at the discretion of the supervisor upon consideration of the wishes of the grievant and other interested persons and the person grieved against. The grievant shall be afforded the opportunity to testify, to call witnesses and to introduce documentary evidence. The grievant and the administrative officer representing the opposing view shall have the right to cross-examine all witnesses.

Step 3

If not satisfied with the results of Step 2, the grievant may file an appeal with the President within five business days of the receipt of the Step 2 decision.

Absent extraordinary circumstances, the President shall, within five business days, refer the grievance to the Non-Classified Employee Adjudication Committee (NCEAC).

The NCEAC shall consist of three persons chosen from a standing panel appointed annually by the President. The standing panel shall consist of twelve University employees representing administrators, and other non-classified employees. The Committee shall be formed to hear the grievance as follows: one person from the panel shall be appointed by the President, one person from the panel shall be appointed by the grievant and the third person from the panel shall be chosen by the first two. Any member of the panel, whose term of appointment has expired, shall nevertheless continue to serve on any committee to which he or she has been appointed until completion of the hearing and the rendering of a decision thereon.

The Step 3 hearing shall be held as soon as practicable and normally within twenty (20) business days of referral of the grievance to the NCEAC by the President. The hearing shall be open or closed at the discretion of the Committee upon consideration of the express desires of the grievant and other interested parties. The grievant and the person grieved against shall have the right to call witnesses, to testify and to present relevant documentary evidence. The grievant and the appropriate person representing the opposing view will have the right to cross-examine all witnesses. An audio recording of the proceedings shall be made, and a copy shall be given at cost to the grievant. Following the hearing, the Committee shall, absent extraordinary circumstances, render a report and recommendation to the President within twenty (20) business days following the hearing. The report shall contain specific findings of fact and recommendations. Upon consideration of the report and recommendation, the President shall render a decision in writing and communicate the same to all interested parties. The President’s decision shall be final.

Special Procedures for Grievances Alleging Discrimination, Including Sexual Harassment

All grievances alleging discrimination, including sexual harassment, shall be referred to the Director, EEO & Title IX / ADA Coordinator, and handled according to the policies and procedures for these complaints.

Procedures for Classified Employees

This section is applicable to:

CLASSIFIED EMPLOYEES

Definition

The time frames will serve as guide and may be extended or shortened on concurrence of the parties involved.

Coverage

Exclusions

General Exclusions

The following actions are not covered by these grievance procedures:

A. Disqualification of an applicant;

B. Disqualification of an eligible;

C. Examination ratings;

D. Removal during original probationary period;

E. Appeals from classification determinations;

F. Appeals of adverse personnel actions;

G. Allegations or complaints of discrimination; and

H. Appeals of performance evaluations.

Grievance Procedures for Employee Organizations

Equal Employment Opportunity Discrimination Complaint

General Provisions for Use of Grievance Procedures

Freedom from Reprisal or Interference

A. An employee and his representative shall be free to use the grievance system without restraint, interference, coercion, discrimination, or reprisal.

Employee's Status During Grievance Procedures

An employee's status during each procedural level shall be status quo.

Right to Seek Advice

All levels of management will provide an opportunity for an employee to communicate with and seek advice from:

A. The University’s Human Resources Office;

B. The EEO Coordinator or Counselor; or

C. A supervisory or management official of higher rank than the employee's immediate supervisor.

Representation

A. An employee has the right to present a grievance without representation.

B. An employee has the right to present a grievance with representation.

1. An employee has the right to be accompanied, represented, and advised by a representative of his choice at any stage of the grievance proceedings.

2. An employee may change his representative, but to do so, he must notify his immediate supervisor and the President of the change in writing.

3. A person chosen by the employee must be willing to represent him.

Official Time for Presentation of the Grievance

A. An employee must be given a reasonable amount of official time to present his grievance if he is otherwise in an active duty status.

B. An employee's representative, if he is an employee of the government of Guam and is otherwise in an active duty status, must be given a reasonable amount of official time to present the grievance.

Termination of Grievance

A. An employee who has filed a grievance may terminate the grievance at any time.

B. Failure on the part of the employee to proceed to a higher step of the grievance procedure within the time period specified will terminate the grievance.

Management’s Responsibility for Timely Action and Settlement at the Lowest Possible Level.

A. It shall be the responsibility of management to settle grievances fairly and promptly at, or near the organizational level where the employee brought the grievance to their attention.

B. Failure by management to render a decision to the employee within the allotted time at any step constitutes denial; the employee may then proceed to the next step of the grievance procedures.

INFORMAL GRIEVANCE PROCEDURES

Management’s Responsibility

Settlement at the Lowest Possible Level of Management

Supervisor’s Responsibility

Employee’s Responsibility

A. Each employee is expected to make a concerted effort to achieve informal settlement of his grievance. He should promptly bring his grievance to the attention of the appropriate supervisory level.

B. Tolling Period: In counting the number of days for each step, if the last day of the period falls on a weekend, the filing time or receipt time falls on the next working day.

Step 1 - Using the Informal Grievance Procedure

A. Initiation by Employee

B. Time Limit

2. The immediate supervisor shall render a decision within ten (10) calendar days of the presentation of the grievance.

C. Form of the Grievance

An employee may present a grievance under the informal procedure either orally or in writing.

D. Non-rejection Provision

A grievance may not be rejected in the informal procedure for any reason. If the grievance is not timely or consists of a matter not covered under the grievance system, the employee should be so advised, but he must be allowed to submit his grievance under the formal procedures if he insists.

E. Mandatory Use of the Informal Procedure

An employee must complete the informal procedure before the University may accept from him a grievance concerning the same matter under the formal procedure.

STEP 2 - Formal Grievance Procedures – Next Administrative Level

Presentation of the Grievance - Step 2

A. An employee is entitled to present a grievance under the formal procedure if:

1. He has completed the informal procedure; and

2. The grievance is not satisfactorily resolved at the informal level; and

3. The immediate supervisor failed to render a decision within ten (10) calendar days of the presentation of the grievance at the informal level.

B. The grievance presented in Step 2 must:

1. Be in writing on a form prescribed by the Chief Human Resources Officer;

2. Contain sufficient detail to identify and clarify the basis for the grievance;

3. Specify the remedy requested by the employee or the appropriate supervisory level; and

4. Be submitted to the President who is the next higher supervisor than the immediate supervisor within five (5) calendar days after receipt of the answer in Step 1 or after the answer was due.

Responsibility of Next Higher Supervisor

A. The next higher supervisor must determine whether the grievance is timely, is covered by the grievance procedures, and has been processed through the informal procedure.

STEP 3 - Formal Grievance Procedures - President

Presentation of the Grievance - Step 3

An employee is entitled to present a grievance under Step 3 if:

A. He has completed Step 2 of the procedures; and

B. The grievance is not satisfactorily resolved at Step 2 level; or

C. Specify the remedy requested by the employee; and

D. Be submitted to the President within five (5) calendar days after receipt of the answer in Step 2 or after the answer was due.

University Grievance Committee

A. Appointment of Committee

B. Committee Membership

C. Responsibility of the Committee

The Committee must determine whether the grievance is timely, is covered by the grievance procedures, and has been processed through the informal procedure.

D. Committee Inquiry

E. Grievance File

1. Statements of witnesses;

2. Records or copies of records; and

3. Reports of personal interviews.

F. Open Record

G. Committee Report

H. President’s Written Decision

The President shall render a written decision to the employee within five (5) calendar days of receipt of the written report from the Committee.

STEP 4 - Appeal to the Commission

Presentation of the Grievance - Step 4

A. An employee is entitled to present a grievance appeal under Step 4 if:

1. He has completed Step 3 of these procedures; and

2. The grievance is not satisfactorily resolved at Step 3 level; or

3. The President failed to render a decision within five calendar days of the submission of the written report from the University Grievance Committee at Step 3 level; or

4. There has been a violation of the Government Code or University Policy Manual; or

5. The procedural rights of the employee filing the complaint as outlined have been disregarded; or

6. The decision of the supervisor, University Grievance Committee and the President has been unjust, inequitable or not in accord with the facts; or

7. The President fails to act on the University Grievance Committee's recommendations.

B. The grievance presented in Step 4 must:

1. Be in writing on a form prescribed by the President;

2. Contain sufficient details to identify and clarify the basis of the grievance;

3. Include copies of the grievance forms submitted in Steps 2 and 3;

4. Specify the remedy requested by the employee; and

5. Be submitted to the Commission within five (5) calendar days after receipt of the answer in Step 3 or after the answer was due.

Hiring Procedures

Among personnel decisions, the decision to award tenure is of distinguished and central

importance. The University will do so only through a rigorous, careful process of examination

and deliberation. Accordingly, the decision to tenure entails the presumption of professional

excellence. It implies the expectation of an academic career that will develop and grow in quality

and value, and one that will be substantially self-supervised and self-directed.

To ensure that a transparent and unbiased recruitment and selection process is followed; one that results in the appointment of the best candidate, based solely on merit and best-fit.

Administrative Recruitment Procedures

Recruitment and Appointment

Search Committees

Search Committees for the positions set forth below shall be formed as follows:

A. For President:

As determined by the Charter.

B. For Vice Presidents, Executive Assistant, Chief Human Resources Officer, Athletic Director, EEO Director, Development Officer, Assistant Vice Presidents:

Five (5) members appointed by the President of whom at least three (3) will be non-administrators.

C. For Deans, Associate and Assistant Deans

Five (5) members, to include two (2) members-at-large appointed by the Senior Vice President, Academic & Student Affairs, and approved by the President; and three (3) members appointed by the Senior Vice President, Academic & Student Affairs, and approved by the President from a list of at least five (5) provided by the faculty through the Academic Affairs Committees of the college, school or unit headed by a Dean in which there is vacancy.

D. For Registrar, Comptroller, PIP Director, and Chief Information Officer:

Three (3) members appointed by the appropriate Vice President and approved by the President.

E. For all other Administrators as approved by the Board of Regents:

The appropriate Vice President shall determine the appropriate number and composition.

Procedures

A. When initiated – The process of initiating a Search Committee shall begin as soon as possible after it is known. The President shall appoint a search committee and designate a Chair. The Chair can hold a meeting to review and update the position description or if the Chair determines the position description does not require an update, he/she can request the Human Resources Office to immediately begin the search process. It shall be the responsibility of the Chair to consult with the Human Resources Office to assure that all appropriate policies and procedures are carried out, all deadlines met and to act as liaison to the Human Resources Office. The Chair shall ensure that all members of the Committee are familiar with EEO regulations.

B. Criteria – Criteria, in addition to those required by law or by the Board of Regents, may be established by the Committee with the approval of the appointing Administrator and the President, except in Presidential searches as previously noted. All criteria shall be in writing, shall be reviewed by the EEO Officer and shall be provided to all applicants along with salary ranges and terms of service.

C. Advertising – It is the responsibility of the Search Committee Chair, in coordination with the Human Resources Office, to ensure that the position is advertised both locally and off-island in a timely manner. The advertisement shall specify a reasonable closing date for application and a description of required information to be submitted. Applicants must submit an up-to-date resume or curriculum vitae, official graduate degree transcripts sent directly from the awarding institution and unofficial copies of all undergraduate degrees, names of referees to be contacted and other material as required by the Search Committee.

D. Interviews – The most qualified applicants for administrative positions shall be interviewed by the Committee or its representative(s). Applicants may be interviewed in person or via telephone or other mechanical means. An EEO Officer shall be present for all official interviews and shall approve all questions to be asked of interviewees prior to the interview. Committee members conducting fact-finding off-island interviews should be briefed by the EEO Officer prior to the interview, should ascertain that their interview content also conforms to EEO guidelines, and must inform the interviewee of the official nature of such interviews.

E. Final Report – Within six (6) months of the initial meeting of the Committee, a final report of the Search Committee shall be submitted by the Chair to the appointing Administrator, except in the case of a Presidential Search Committee in which procedures are determined by Territorial Statute. The appropriate administrator shall in turn forward the report and the Administrator's recommendation within five (5) business days to the President via the appropriate Vice President. This report shall include application materials of three applicants determined by the Committee to be the most qualified candidates for the position, and the Committee's listing of the strengths and weaknesses of each candidate. Fewer names may be submitted if fewer than three have applied or are qualified. If the Committee finds that no applicants were sufficiently qualified for the position, they may recommend that the search be reopened or extended, specifying new deadlines. If the Committee has not reached consensus on hiring recommendations, minority reports may be appended and duly considered. In the event none of the candidates are acceptable, or if none accept the position, the Committee will resume its search under new timelines. It shall be the responsibility of the Chair to notify all candidates of their status at different stages of the search.

F. The Directors of the Research unit will normally be selected from among the faculty of the unit on a triennial basis by majority vote of the faculty. This does not preclude the unit from hiring a Director from outside its own faculty if the majority of the faculty are in favor of such action.

G. Selection of Research Director – The Director of each Research unit will normally be selected from among the faculty of the unit on a triennial basis by majority vote of the faculty. This does not preclude the unit from hiring a Director from outside its own faculty if the majority of the faculty are in favor of such action.

H. Files and Correspondence – All correspondence, files and materials related to the candidates will be sent directly to, and stored in, the Human Resources Office. The Human Resources Office will provide meeting space and immediate access to all search materials to all members of the Committee. The Human Resources Office will monitor the search process to assure that all timelines are met and that all necessary correspondence is affected in a timely fashion.

Appointment of Administrators

The Board shall appoint the President. The President, on the recommendations of appropriate administrators and guided by the recommendations of Search Committees, shall appoint administrators, such as may be necessary to fulfill the mission and purposes of the University.

General Responsibilities

All administrators play important roles in the initiation, formulation and enforcement of University policies promulgated by the Board of Regents. Administrators are expected to monitor the implementation of policies affecting their respective areas of responsibility and to recommend modifications or deletions in order to improve operational efficiency and services, fiscal management, and community relations of the University.

Individually, administrators are accountable for the proper performance of duties required of their position and in accordance with established institutional policies and statutory requirements.

Notwithstanding the difference in their individual roles, they should recognize that collegial and professional discourse is essential not only for harmonious administrative relationships within the University organization, but also for an orderly attainment of the goals and missions of the University and for the solution of administrative problems. Administrators must be customer focused and recognize that students are at the center of the mission of the University and our purpose is to serve them and support those with direct student contact.

Type of Appointments

Appointments to all administrative positions shall be based on the individual's academic and professional work experience and performance.

Candidates for academic administrative positions at the associate Dean's/Director’s level and above should have an earned doctorate and should have demonstrated major accomplishments in the areas of instruction, research, or services sufficiently great to merit an academic rank at the senior professional level.

Candidates for all academic administrative positions must have at least an earned master's degree and should have demonstrated major endeavors sufficiently great to merit an academic rank at the junior professional level.

Candidates for non-academic administrative positions should have at least an earned master's degree; however, individuals without a master's degree may be appointed at the discretion of the President if they have gained superior professional skills via special training and/or experience. All administrators serve at the pleasure of the President and shall be compensated in accordance with the administrative salary schedule established by the Board of Regents. The President serves at the pleasure of the Board of Regents and shall be compensated as established by the Board of Regents.

A person selected for an administrative position from outside of the University of Guam can be placed in one of three categories:

· administrator appointed without concurrent faculty rank;

· administrator appointed with concurrent faculty rank, without faculty retreat entitlement;

· administrator appointed with concurrent faculty rank, with retreat entitlement.

The placement in any of the above categories will depend on a combination of the following criteria:

· the academic credentials, teaching and research experience of the candidate;

· (b) the extent to which the administrative appointment requires prior university reaching and research experience;

· (c) the projected availability of an appropriate faculty position at the termination of the candidate's administrative assignment.

If the Search Committee for an administrator's position wants to recommend faculty rank with or without retreat rights, it must request a recommendation from the appropriate unit of the university. The request must be submitted by the Search Committee to the division/department Chair of the unit in which faculty status is sought. The request will be evaluated by the division/department Chair and faculty, by the Dean and the Senior Vice President, Academic & Student Affairs, with the University President making the final recommendation to the Board of Regents. In determining rank, the current Faculty Hiring Schedule shall be followed.

Current holders of administrative positions who have not been given concurrent rank at the time of hiring can request a review to determine the appropriateness of their being granted concurrent rank with or without retreat rights. The request must be submitted through the immediate supervisor to the division/department Chair of the unit in which he or she seeks faculty status. The request will be evaluated by the division/department Chair and faculty, by the Dean and the Senior Vice President, Academic & Student Affairs, with the University President making the final recommendation to the Board of Regents. The criteria listed above, and the current Faculty Hiring Schedule, will be applied in considering a current administrator's faculty status review.

Appointment Through the Merit System

This policy implements a system of recruitment and selection of University classified employees in accordance with the merit system principles and Equal Employment Opportunity guidelines.

This section is applicable to:

CLASSIFIED EMPLOYEES

Recruitment and Examinations

A. Recruitment of persons for employment in the classified service within the University shall be accomplished consistent with the merit principles of recruiting applicants, and advancing employees on the basis of their relative knowledge, abilities and skill.

B. A person may be employed in the classified service contingent upon the availability of a grant, local funds, federal program or federal funds. An appointment in the classified service may be commensurate with the duration of a grant, federal grant, federal program or federal funds including renewals and extensions (Title 4 GCA, Chapter 4, Subsections 4103 (g)).

Filling of Vacancies

A. No person shall be appointed to, or employed in, or paid for service in any classified position until that position has been established, funded, and allocated to its proper class.

B. No person shall be allowed to begin work before such person submits an employment application, is placed on the eligibility list as "eligible" for the position applied for, and is certified, selected, and processed under University competitive examination. This applies to all initial and promotional appointments. Exception to the establishment and certification requirement may be made for transfers, demotions, and reinstatement immediately after active military service and temporary appointments consistent with these rules.

C. Competitive examinations shall also apply to the following:

1. Demotion to a position with Known Promotion Potential (KPP) within a class series;

2. Transfer to a position with KPP within a class series;

3. Reinstatement or reemployment to a position with KPP within a class series;

4. Appointment to a position with KPP within a class series.

D. All employees and applicants selected and offered employment with the University must have a test for tuberculosis (skin or x-ray) performed and found free of communicable diseases by a physician licensed to practice within a state or territory of the United States prior to starting employment and annually thereafter. For retirement purposes, physical examinations must be done within sixty (60) days from hire date (Title 4 GCA, Chapter 8, Section 8123(c)).

E. Applicants selected for and offered employment with the University shall undergo and pass a mandatory Drug test and examination before hire date. Failure to submit to, or pass such Drug test shall be grounds for rescinding the offer of employment, unless the applicant is undergoing treatment through a rehabilitation program approved or recognized by the Guam Behavioral Health and Wellness Center, in which case the applicant must successfully complete the program within the prescribed time before being employed.

Certain employees occupying specifically designated sensitive position, referred to as Testing Designated Positions (TDP), will be subject to random drug testing. A list of TDPs will be identified by the University. (UOG Drugfree Workplace Policy and Procedures, Section II SOP, Drug Testing).

Minimum Period of Recruitment

A. Job announcements shall be posted for a minimum of ten (10) working days.

B. The Human Resources Office may post job announcements on a continuous basis. Notice of the final closing of an announcement shall be sent to the original distribution list at least five (5) days prior to the final closing date for receipt of applications.

C. The Human Resources Office may extend the period for receipt of applications. Announcement of an extension shall be disseminated to the original distribution list for posting.

Hiring of Tenure Track Faculty

Refer to current Negotiated Agreement by and Between the Board of Regents (BOR or Board) of the University of Guam (UOG of University) and the UOG Faculty Union, American Federation of Teachers (AFT or Union)

This section is applicable to:

FACULTY EMPLOYEES

1. The Dean, after approval by the Senior Vice President, Academic and Student Affairs, shall inform the unit faculty in the discipline involved or the unit Director that a position is vacant and that recruitment should begin. Absent extraordinary circumstances, the Dean shall convene a search committee for new positions no later than the Spring Semester. For other vacancies, the search committee shall be convened as soon as possible. All budgeted positions shall be deemed certified for hiring purposes.

2. Procedures for establishing search committees can be found in the BOARD/UNION agreement.

3. The Dean/Director shall convene the search committee with a HRO representative present for guidance and appoint the committee chair from the elected members. The deadline for the search committee to submit their recommendation report to the Dean/Director is 6 months from the date of the first meeting.

4. HRO provides the search committee with a draft faculty announcement template. The search committee develops criteria (job specification/description) to include position title, character of duties, start date, qualifications, and reasonable application deadline (closing date) to go on the draft job announcement. Search committee works with HRO to make sure language used on draft is consistent with other job announcements. Search committee sends draft to Dean/Director for approval. Once HRO receives the draft job announcement with the Dean/Director’s approval, HRO forwards the draft to Senior Vice President, Academic and Student Affairs for review and approval. Once approved by the SVP, HRO finalizes the job announcement for posting on HRO web site and UOG Online Employment Portal (https://uog.peopleadmin.com/). HRO notifies Search Committee Chair of any changes by SVP prior to finalizing job announcement for CHRO approval. HRO will post web ads on Chronicle of Higher Education, Inside Higher Education, and HigherEdJobs.com and print ads on Pacific Daily News and the Guam Daily Post using ads utilizing a blanket purchase order (by Fiscal Year).

5. All other preference to publish announcements is the responsibility of the College/Division to process purchase orders to include price quotation to announce ad. The search committee may request for assistance from HRO in posting ads in other vendors. Please be advised that funding for these ads must come from the unit.

6. HRO sets up Search Committee's access to view applicant files on UOG Online Employment Portal (https://uog.peopleadmin.com/hr). Search committee members who are new to the portal will receive a system automated email with their username and temporary password. HRO will distribute a tutorial on how to view the applicant files on the portal to the search committee. Search committee members may request for a hands on training session. For search committee members who already have access to the UOG Online Employment Portal, they will use the same username and password. Search committee members who are having issues with accessing the portal should contact HRO for assistance.

7. Search committee reviews all applications via the UOG Online Employment Portal (https://uog.peopleadmin.com/hr).

8. Search committee should exercise due diligence in searching through online on prospective candidates’ (for interview) backgrounds, and possible news stories that cause pause for further consideration or may prompt a question to include as a line of inquiry during the interview process. Chair must notify all candidates of their status at different stages of the search process.

9. Search committee provides a "short list" of most qualified applicants to be interviewed to HRO. With the search committee’s concurrence, HRO sends non-selection emails to those not short-listed for a timely interview.

10. Applicants to be interviewed should only include those who submitted all required documents stated in the job announcement. Otherwise, the search committee chair should notify candidates to immediately submit missing documents.

11. Search committee submits interview questions to HRO for review/approval. HRO will forward questions to the EEO Office for concurrence.

12. After the interview questions are approved by the HRO and EEO, the search committee chair will coordinate with the EEO Office for an available EEO Counselor for the scheduled interview dates/times. Due to the availability of the EEO Counselors, interviews must be scheduled on normal business days and during business hours (Monday to Friday, 8:00 a.m. to 5:00 p.m.) and cannot be scheduled on GovGuam Holidays. Once an EEO Counselor is confirmed, the search chair can contact the short-listed candidates for interviews. The confirmed interview schedule should be submitted to the EEO Office and HRO and should include applicant name, date, time, and interview location. The search chair will advise HRO and the EEO Office of any changes to the interview schedule.

13. The search chair will coordinate with Telecommunication and Distance Education Operation (TADEO) to setup up the video recordings for the interviews and on setting up the dropbox link for the short-listed applicants to use to upload their teaching demonstration video.

14. Prior to conducting off-island interviews, search committee members must be briefed by the EEO Office. This ensures compliance with EEO guidelines, including informing interviewees of the official nature of the interview. Search committee chair must follow-up with EEO Office to ensure an EEO Counselor is present at interviews. Search committee chair introduces the interview panel prior to the interview. The EEO counselor is introduced as a non-voting panel member.

15. TADEO will send the links to the interview recordings and teaching demonstrations to the search chair.

16. Search committee chair prepares a final report within six (6) months of the committee's initial meeting. The final report is based on the decision among the search committee to include:

a. The names of candidates who have been interviewed with their strengths and weaknesses.

NOTE: As per the SVP, submission of only one name, from among several interviewed, will be rejected. The President must be able to review from among alternatives.

b. The committee's rank order and recommendations for hiring of the three most highly ranked applicants.

c. Copies of application materials from the three most highly ranked applicants for the position.

d. Recommended academic rank and salary step to be offered for all recommended candidates.

e. Completed Faculty Rank/Step/Salary Worksheet for all recommended candidates.

f. Video recordings of the interview recordings for all recommended candidates.

g. Video recordings of the teaching demonstrations for all recommended candidates.

17. Search committee chair completes EEO Position Application Summary (PAS) and forwards completed form to EEO Office.

18. Search committee members and/or Dean/Directors are to complete reference checks for the recommended short-listed candidates and include them with the recommendation packet.

19. Search chair will forward links to the interview recordings and teaching demonstrations to their respective Dean/Director.

20. Dean/Director reviews and approves the final (recommendation) report. As part of his/her review, Dean/Director prepares a recommendation memo. The memo shall include the following:

a. Dean/Director's review of Search Committee's report; He or she may concur with

b. Search Committee's recommendations or make his/her own recommendation.

c. List of strengths and weaknesses of the top three candidates.

d. Rank order and recommendations for hiring.

e. Recommended academic rank and salary step to be offered for all recommended candidates (to include Search Rank/Step/Salary Worksheet).

21. Absent extraordinary circumstances, within six (6) months of the initial meeting of the committee, a final report of the search committee shall be submitted by the Chair to the Dean via the Director when applicable. This report shall include copies of the application materials from the three most highly ranked applicants for the position, with a listing of the strengths and weaknesses of the three candidates, the committee’s rank order and recommendations for hiring, including recommended academic rank and salary step to be offered. Fewer names may be submitted if fewer than three have applied or are qualified. If the committee has not reached consensus on hiring recommendations, minority reports may be appended and duly considered. In the event none of the candidates are acceptable to the committee, or if none accept the position, the committee will resume its search under a new six-month timeline. The Dean shall review and forward the report along with his or her own recommendation within five (5) business days to the Senior Vice President, Academic and Student Affairs.

22. Dean/Director's memo and the search committee's analysis and report is forwarded to HRO for review and the CHRO's concurrence. HRO prepares the personnel action
(UG1), Offer Letter, and the Employment Agreement for the selected candidate. The recommendation packet is forwarded to the SVP, Legal Counsel, and the President for review and approval. HRO sends non-selection emails to candidates who were not shortlisted via the UOG Online Employment Portal AFTER Dean's memo is submitted to the SVP and President.

23. Search committee chair follows-up with Dean/Director on approval or rejection of recommended candidate(s).

If the Senior Vice President, Academic and Student Affairs, concurs with the recommendation for hiring, then she will indicate her/his concurrence on the Dean/Director’s memo request to hire and forward the recommendation packet to the President’s Office. If the SVP does not concur with the recommendation, the recommendation packet will be returned to Dean/Director. The Dean/Director will confer with their committee on whether to revise their recommendation of the search.

24. In the event none of the three candidates are acceptable to the administration, or if none of the candidates accept the position, the committee shall resume its search under a new six-month timeline. The Dean/Director will inform HRO that the position and a new search will commence. HRO will send notification emails to the remaining candidates that the position will not be filled at this time.

25. The President's Office forwards the approved recommendation packet to HRO. HRO advises Dean/Director of the President’s approval to hire. Dean/Director may contact the selected applicant and advise them of their selection or have HRO inform them on their selection.

26. HRO submits employment agreement to the Business Office for certification of funds.

27. Once HRO receives employment agreement from Business Office. HRO emails offer letter and employment agreement to selected candidate with a copy to the Dean/Director.

28. If the selected candidate does not accept the job offer, then the next candidate recommended will be offered the position.

29. Candidate has seven (7) calendar days upon receipt to sign and email the Employment Agreement to HRO; otherwise, the offer is declared null and void. The President may approve an extension of this deadline. Original Employment Agreement, signed by candidate, must immediately be submitted via air mail to HRO.

30. Search committee chair follows-up with Dean/Director on acceptance by candidate. Once the selected candidate sends the signed Employment Agreement, HRO sends non-selection emails to remaining candidates via the UOG Online Employment Portal.

31. Upon receipt of signed Employment Agreement, HRO prepares and requests for Travel Authorization Form (for travel and shipment of household goods and effects) and routes forms to Business Office for certification of funds, appropriate Vice President and President for approval. College/Unit assigns a faculty sponsor for new employee. Completed documents are provided to local moving company for coordination of shipment of household goods and effects.

32. HRO will coordinate hotel and rental car arrangements for new recruit and his/her family (if applicable) if new recruit is an off-island hire.

33. New employee completes in-processing at HRO.

Hiring of Non-tenure Track Faculty for Terms of Service of One-Three Years

Procedures for hiring in this category will follow the guidelines established for Tenure Track Faculty with the following exceptions:

1. By action of the Senior Vice President, Academic and Student Affairs, upon recommendation of the appropriate Dean, any aspect of the search process for non-tenure track faculty may be waived or altered to benefit the University’s hiring needs, while maintaining conformance to the BOARD/UNION Agreement. (See Article XI. A. 3. Emergency Hire Faculty of the BOARD/UNION Agreement)

2. Travel arrangements: Absent extraordinary circumstances, faculty hired in non-tenure track positions for one (1) year are not given travel or moving expense compensation. Faculty hired in non-tenure track positions for two (2) years shall be compensated for travel expenses for the applicant and the applicant’s spouse and children under the age of 18 from the point of hire by the least expensive air route. Faculty hired in non-tenure track positions for three (3) years will be entitled to compensation for travel and moving expenses at the same rate as faculty hired in tenure track positions.

Hiring of Non-tenure Track Faculty for Terms of Service Less Than One Year

1. The appropriate Dean, after consultation with the appropriate faculty unit, shall recommend a name, rank and salary schedule step to the Senior Vice President, Academic and Student Affairs. Dean sends memo to HRO first for concurrence and to prepare UG1. HRO will send UG1 to SVP.

2. Upon concurrence by the Senior Vice President, Academic and Student Affairs, of the recommended person, their recommended rank and step, the UOG HRO shall submit a completed UG-1 to the President via the Human Resources Office. A copy shall also be sent to the Business Office, and the appropriate Vice President. The Dean shall at the same time request that the Human Resources Office provide the candidate with a packet of employment information.

3. Upon the new faculty member’s arrival on campus, the new faculty employee needs to be onboarded and the UG-1 shall be signed by the faculty member and a representative of the Human Resources Office and submitted to the Payroll Office. The signature of the Human Resources Office representative signifies that all initial processing is complete.

Guidelines for New Faculty Sponsorship

2. The hiring college/program Dean/Director will work with the appropriate unit to identify an appropriate sponsor for the new recruit. Care needs to be taken in the selection of this “sponsor” i.e., choose someone who will “sell” the island of Guam and the University of Guam.

3. The “sponsor’s” mailing address and phone number will be provided to the new faculty member by the Dean after the employment agreement has been signed.

4. Once the prospective recruit has made a decision to join the faculty, the “sponsor” assists by inquiring about housing needs, meeting the new faculty at the airport, and showing the new faculty around the island and around the campus. Basic information such as where to go shopping, information on the bus system, clinics, how to sign up for utilities, and where to buy a car can be incorporated into this friendly introduction to Guam by a “sponsor.” For local hires, the system can be modified to focus more on getting acquainted with the university community, who’s who in the college, with operating procedures, etc.

5. See New Administrator/Faculty Benefits for more information on benefits offered to these new employees.

Renewal of Employment for Tenure-Track Faculty

Requests for reappointment shall be made to the appropriate Administrator. The appropriate Administrator will remind Faculty members of the need to apply for reappointment, but the ultimate responsibility for requesting reappointment rests with the Faculty member. Faculty reappointment evaluations will be completed in the fourth consecutive semester of service.

1. Faculty hired in August on three-year tenure-track contractual appointments, must request reappointment by January 30 of the fourth consecutive semester of their contract period.

2. Faculty hired in January on three-year tenure-track contractual appointments, must request reappointment by August 30 of the fourth consecutive semester of their contract period.

After appropriate evaluation, recommendations for renewal of appointment shall be forwarded to the President via the Senior Vice President, Academic and Student Affairs and unit Dean.

Renewal of Employment for Non-Tenure Track Faculty

Policies and procedures for renewal of employment for Non-tenure Track Faculty are found in the BOARD/UNION Agreement.

General Responsibilities

A description of the Faculty’s general responsibilities can be found in the BOARD/UNION Agreement.

Leaves

Leave for University of Guam Employees

The University believes that it is important for its employees to balance their work and personal lives. With the various types of leave that employees may be entitled to; employees have more flexibility in how they use their time off. The table below indicates the leave type by employee classification at the University of Guam:

Employee Leave Table.

Employee Type	Administrative	Annual	Sick	Leave w/o Pay	Leave Sharing	FMLA
Classified	X	X	X	X	X	X
Non-classified/LTA Full Time	X	X	X	X	X	X
* Non-classified/LTA Part Time			**
Administrators	X	X	X	X	X	X
9-month Faculty	X		X	X		X
12-month Faculty	X	X	X	X	X	X
Student Employees

* Leave accrual benefits for part time status, non-classified/LTA employees are dependent on

their UG-1 or grant.

** It is possible for an LTA, Part-Time employee to be eligible for FMLA. Per Guam law the employee must be employed for one (1) year and worked only a minimum of 1000 hours in the previous twelve (12) months before leave.

The Standard Operating Procedure for Leave Request

Requests for Leave

The University of Guam (UOG) Leave Application Form is designed for leave request. UOG employees eligible for leave can get this form from the Business Office website under Payroll Forms or from your immediate supervisor.

· Please discuss your leave plans with your immediate supervisor prior to submitting your leave application.

· Requests for leave shall be submitted and approved at least 48 hours in advance of the requested leave.

· Make sure that you have adequate leave before submitting your leave application. You can always login to your WebAdvisor account to verify your leave status.

Filling-out the UOG Leave Application

When filling out the leave application take the time to read through the application and enter information applicable to you.

1. In the NAME field enter your first name followed by your middle name or initial and your last name.

2. Enter your COLLEGE or UNIT in this field.

3. Enter today’s date in the DATE field

4. For TYPE OF LEAVE REQUESTED choose the appropriate leave field and enter the number you are looking to use.

5. Take the number of hours from the TYPE OF LEAVE REQUESTED and apply it to the Hours field.

6. The FROM field is where you will enter the hour to commence your leave. You must include the start date in the month, day, year format like as seen in the Leave Sample.

7. The TO field is where you will enter the hour that your leave ends on. You must include your end date in the Month, Day, Year format like as seen in the Leave Sample.

8. In the REASON field simply indicate for what reason you are taking leave

9. The Pay Period Ending (PPE) falls on the Saturday after the GovGuam payday week. Enter the PPE date that corresponds with your leave date. Please inquire further you’re your supervisor on the PPE date.

10. Sign your name in the SIGNATURE OF EMPLOYEE field and submit the leave application to your immediate supervisor.

Categories of Leave

Administrative Leave

Administrative leave is granted for an authorized absence from the employee’s regular place of employment while engaged in an official assignment for, or on behalf of, the University.

Annual Leave

A uniform and equitable system where employees may be reasonably excused from work for rest, recreation, health, education, welfare and other purposes without an appreciable decrease in the productivity of and services provided by the University.

Annual and Sick Leave Accrual

Service years annual leave accrual schedule per bi-weekly pay period for eligible employees are as follows:

Employee Annual and Sick Leave Accrual Table.

Service Years	Accrualsrs Accrued
Less than five (5) years	Four (4) hours (one-half day)
Five (5) years but less than fifteen (15) years	Six (6) hours (three-fourths day)
Fifteen (15) years or more	Eight (8) hours (One day)

Employees entitled to annual leave hereunder may accumulate up to three hundred twenty (320) hours. Any annual leave earned by eligible employees in excess of three hundred twenty (320) hours shall be credited to such employee’s accumulated sick leave, provided, that no more than one hundred (100) hours shall be credited to sick leave at the end of each fiscal year. The determination of accumulation of annual leave, and crediting of excess hours sick leave, shall be done at the end of each fiscal year.

Sick Leave

Eligible employees shall accrue sick leave with pay at the rate of four (4) hours each biweekly period in which they are on pay status.

Unused sick leave may be accumulated and carried over to succeeding leave years without limitation.

The employee is compelled to be absent from duty on account of physical or mental illness; injury; mental health examination, counseling or treatment; pregnancy; childbirth; medical, dental or optical examination or treatment; or because of quarantine due to his own or another’s illness.

The employee is compelled to be absent from duty to provide health care for a member of the employee’s immediate family as a result of serious illness or injury.

Serious illness or injury means an urgent condition that is certified by the attending physician as requiring hospitalization, institutionalization, or extended home care in which the person needs the constant administration of special medical care or support.

Immediate family member means the employee’s spouse, common law, parents, parents-in-law, grandparents, brothers, sisters, children, grandchildren, any step or adoptive parents, adopted children or grandchildren of both the employee and the spouse, a guardian or person in loco parentis.

[Title 4 Guam Code Annotated, Chapter 4, §4108]

Types of Administrative Leave

Absence for Jury Service

A government of Guam employee who has been summoned for jury service, in any court of Guam, shall submit a jury duty leave request. Upon completion of jury service, the employee shall submit a signed attendance certificate from the Clerk of Court, showing the time devoted to the jury service, and he or she shall pay to the University a sum equal to the fees (excluding allowance for mileage and subsistence) allowed him or her for jury service during the pay period concerned.

Absence for jury service shall normally be paid but if the employee fails to submit the certificate of attendance or to pay the University the jury service fees received, absence for jury service shall be charged as annual leave.

If the employee is not entitled to annual leave or has no such leave accrued, absence for jury service shall be charged as leave without pay. [Title 4 Guam Code Annotated, Chapter 6, §6505]

Leave of Absence from Employment to Vote

Every voter shall be entitled, on the day of every election at which he or she is entitled to vote, to absent himself or herself from any service or employment in which he or she is then engaged or employed for two (2) consecutive hours between the time of opening and the time of closing of the polls. The voter shall not be liable to any penalty, nor shall any deduction be made on account of such absence, from his or her usual salary or wages, nor shall the voter be suspended or discharged from his or her service or employment. Any violation of this provision shall be reported to the Guam Department of Labor for enforcement and may subject an employer to pay a fine.

A voter who unilaterally absents himself or herself from employment for the purpose of voting shall provide to his or her employer evidence from GEC that he or she had voted during the hours of his or her absence. [Title 3 Guam Code Annotated, Chapter 9, §9125]

Bereavement Leave

An employee, upon request, shall be granted two days of excused absence with pay, and without charge to leave upon the death of any member of the employee's immediate family.

Each employee requesting bereavement leave due to a death in the immediate family, shall submit a request to the appointing authority stating the name of the deceased and the relationship to the deceased.

Family member means any of the following: (1) a spouse of an employee; (2) the biological, adoptive, foster, or stepparent or legal guardian of an employee or the spouse of an employee; (3) the biological, adoptive, foster, stepchild or legal ward of an employee or the spouse of an employee; (4) a person with whom an employee was or is in a relationship of in loco parentis; (5) a sibling of an employee; or (6) a person within one degree of consanguinity or affinity. [Title 22 Guam Code Annotated, Chapter 3, §3603(e)]

Educational Leave

A regular faculty member or administrator who has served the University for at least three (3) years may be granted a one-year educational leave without pay, for the specific purpose of pursuing education at an accredited university, and subject to the following:

A faculty member shall apply to his or her unit Chair who shall make a recommendation to the College Academic Affairs Committee and to the Dean/Director. The application for educational leave shall be made on the prescribed form. The College Academic Affairs Committee shall make its recommendation to the Dean/Director. All leaves favorably endorsed by the Committee and the Dean/Director shall be forwarded to the Senior Vice President, Academic and Student Affairs, for action.

Length of Educational Leave

Educational leave shall normally not exceed one (1) calendar year. Requests for extension of the leave shall be made to the unit Chair and shall be approved by the Dean or Director and the Senior Vice President, Academic and Student Affairs. No extension beyond one additional year shall be granted.

Obligation of the Participant

The participant shall provide the unit Chair, the Dean or Director and the Senior Vice President, Academic and Student Affairs, periodic academic reports. A participant shall agree to be employed at the University for a period of one (1) academic year for each semester of educational leave taken.

Leaves for Administrators

Administrators shall apply for Educational Leave through their supervisor and the appropriate vice president shall approve the leave.

The participant is responsible for the cost of training, living expenses and transportation and the granting of educational leave does not in any way obligate the University to provide any kind of financial assistance.

Faculty members and administrators who have been granted educational leave will not be eligible for sabbatical leave for a period of two years subsequent to their return to the University after educational leave. [UOG Board Resolution 00-02]

This section is applicable to:

ADMINISTRATOR EMPLOYEES

Emergency Leave

Emergency Leave with pay may be authorized for the convenience of an employee in an emergency situation involving the illness or death of the employee’s parent, spouse, child, brother or sister. Emergency leave shall be for not more than five (5) business days. For the purpose of this section, travel time shall not be included in the computation of off-island emergency leave. In extraordinary circumstances, emergency leave may also be granted for an emergency situation involving the illness or death of someone other than the employee’s parent, spouse, child, brother or sister when approved by the appropriate administrator. University employees may extend emergency leave by choosing to use either accrued annually sick leave or leave without pay. [UOG Board Resolution 00-02]

Government Service Leave

Leave without pay for one academic year for faculty members on an academic year appointment and one calendar year for administrators or faculty members on a calendar year appointment may be granted for temporary service to Government agencies. Extensions may be granted upon request, but the maximum total leave may not exceed two years.

Such service is recognized as part of the service mission of the University. Leave may not be granted, however, if it would jeopardize on-going programs of the University or create undue hardships for students.

The period of leave shall count for the purpose of salary increments but not for the service time required toward promotion and tenure.

Employees shall submit the request to the appropriate Chair or administrator, or in the case of administrators, to the appropriate Vice President with adequate notice prior to the date of departure. Once the leave has been granted the University shall have no re- employment obligations during the period of the requested leave if the employee is unable to complete the term of assignment. A final report, which describes the accomplishments and experience gained, shall be submitted to the appropriate Vice President within thirty (20) business days after the employee’s return to the University. [UOG Board Resolution 00-02]

Leave for Child School-Related Purposes

An employee of the University who is a parent shall be granted administrative leave for the purpose of child school-related activities. School related activities include but are not limited to: finding, enrolling or re-enrolling an employee's child in a school or with a licensed child care provider, meeting with a teacher or other school official concerning the child's performance, volunteering parental-involvement time at the child's school, or to participate in activities of the school or licensed child care provider of the employee's child, including attendance at a graduation, school play, school fair.

The employee may use up to a maximum of four (4) hours every two (2) pay periods of administrative leave for child school-related activities, which may be utilized at the arrangement of the employee with the employee's supervisor and may be split into smaller separate segments over the two (2) pay period time frame, but shall not carry over to the next two (2) pay periods or thereafter. [Public Law 34-85]

Parent means a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child.

Child (plural: children) (a) Child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. A child shall be either of the following: (1) under eighteen (18) years of age; or (2) an adult dependent child.

Child care provider or school emergency means that an employee’s child cannot remain in a school or with a child care provider due to one (1) of the following: (A) The school or child care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider; (B) Behavioral or discipline problems; (C) Closure or unexpected unavailability of the school or child care provider, excluding planned holidays; or (D) A natural disaster, including, but not limited to, fire, earthquake, or flood. [Title 22 Guam Code Annotated, Chapter 3, Article 7]

This section is applicable to:

FACULTY AND ADMINISTRATOR EMPLOYEES

Leave Without Pay

Leave without pay for not more than one academic year for faculty members on academic year appointment and not more than one calendar year for administrators or faculty members on a calendar year appointment may be granted for valid reasons.

The period of leave taken without pay (except educational leave) shall not count for the purpose of salary increments and for the service time required toward promotion and tenure unless specifically approved in advance in writing by the appointing authority. Leave without pay may not be denied for:

a. Disabled veterans, if necessary for medical treatment.

b. Members of Reserve Components of the U.S. or Territorial Armed forces, if necessary to perform military training duties.

Approved administrative and University-paid leave shall be counted for purposes of computing years of service and shall not suspend the timeline for computing years of service. Leaves of absence without pay for one semester or more, may count as service toward tenure if the Senior Vice President gives prior written approval. If approved, the timeline for computing years of service toward tenure shall not be suspended. Otherwise, the timeline for computing years of service is suspended. (Faculty member is considered for tenure through self-application)

This section is applicable to:

CLASSIFIED EMPLOYEES

Leave of Absence Without Pay

A. Employees may request leave without pay for good cause when their current authorized annual or sick leave with pay will not cover the total period of requested leave. Leave without pay may be granted for a period not to exceed one year by the President. For extenuating circumstances, the President may extend the leave without pay for an additional year. No extension may be granted thereafter.

B. When an employee is on leave without pay status, accrual of sick, annual, or retirement credit is not allowed.

Request by the Employee

Leave without pay is temporary non-pay status and absence granted in response to an employee's request. Leave without pay covers only those hours, which an employee would otherwise work or, for which he would be paid.

Authorization

A. Authorizing leave without pay is a matter of administrative discretion. An employee cannot demand that he be granted leave without pay as a matter of right, except in the case of:

1. Disabled veterans who are entitled to leave without pay, if necessary, for medical treatment; and

2. Members of the Reserve Components of the U.S. Armed Forces who are entitled to leave without pay, if necessary, to perform military training duties.

B. An employee who does not have adequate annual or sick leave credits may submit a written request for leave without pay to his supervisor, which requires the final approval of the President. The employee's request should indicate the reasons and the need for leave without pay and the date employee intends to return to duty from leave.

Conditions for Approval of Leave Without Pay

A. Each request, for extended leave without pay, should be evaluated carefully to assure that the value to the University or the serious needs of the employee is sufficient to offset the costs and administrative inconveniences to the University which results from the retention of an employee in a leave without pay status. Among these costs are:

1. Encumbrance of a position;

2. Loss of services which may be needed in the organization; and

3. Obligation to provide active employment at the end of the approved leave period.

B. As a basic condition for approval of extended leave without pay, there should be reasonable expectation that the employee will return to work at the end of the approved period. In addition, it should be apparent that at least one of the following benefits would result:

1. Increased job ability.

2. Protection or improvement of employee health.

3. Retention of a desirable employee.

4. Furtherance of a program of interest to the University.

5. Other reason as judged beneficial or in the best interests of the University by the

President.

Examples of Appropriate Use of Leave Without Pay

The following examples of types of cases are not all inclusive for which approval of extended leave without pay would be proper, all other factors being favorable, are:

A. For educational purposes, when the course of study or research is in line with a type of work which is being performed by the employee, and completion of which would contribute to the University's best interests.

B. For the purpose of recovery from illness or disability, not of a permanent or disqualifying nature, when continued employment or immediate return to employment would impact on the employee's health, or the health of other employees.

C. For the purpose of caring for a child upon birth or adoption.

D. For the purpose of providing care to a spouse or child who is ill or disabled or to provide care to elderly parents or parents-in-law.

Military Leave Without Pay - Special Provision

A. Any classified employee of the University, except an employee who is employed in a temporary position, who is drafted, who volunteers for active military service, or who is ordered to active duty consistent with of Title 4 GCA Section 6218, shall be granted limited leave without pay, beginning the date of induction and, not to exceed a period of four years of military service. Active military service includes active duty with the U.S. Army, U.S. Air Force, U.S. Navy, U.S. Marine Corps, U.S. Coast Guard, National Guard of Guam or other services as provided by Guam law. Such leave of absence shall be verified by official orders or appropriate military certification, which shall be filed in the employee's personnel record.

B. During such leave of absence, the employee shall be entitled to retain the same rights and privileges as an employee granted leave without pay in accordance with these rules.

C. All unused leave benefits shall be retained by the employee, whom shall have the same credited to the employee's record upon return to his assigned position consistent with of Title 4 GCA Section 6218.

D. Upon termination under honorable conditions of such active duty, the employee shall be entitled to reinstatement in his previous position provided the employee shall notify his immediate supervisor, the President for reinstatement within ninety (90) days after discharge pursuant to Title 4 GCA, Chapter 6, Section 6218(d).

E. If the employee volunteers for an additional tour of military duty, the employee shall forfeit the right to return to the position.

Parental Leave

Eligible employees (full-time classified or full-time non-classified) who become parents by reason of birth, adoption, or official foster placement shall be entitled to leave of twenty (20) business days encompassing the date of childbirth, adoption of a child(ren) five (5) years old or younger, or official foster placement. [Title 4 Guam Code Annotated, Chapter 4, §4107.1]

Pregnancy Related Medical Leave

Pregnancy related medical leave shall be granted to an eligible female employee as a result of pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. Pregnancy related medical leave shall consist of paid administrative leave not to exceed ten (10) working days, encompassing the date of childbirth. [Title 4 Guam Code Annotated, Chapter 4, §4107]

Professional Development Leave

Under exceptional circumstances, the appropriate Vice President, after consultation with the appropriate Dean and faculty, may authorize extended leave without pay up to two years for employees to participate in research, lecture, or professional development programs which serve the best interest of the University and which utilize outside sources of funds for salary. Professional Development Leave is distinct from Educational Leave. The period of leave taken shall count for the purpose of salary increment, after appropriate documents are submitted and an evaluation has been done, and for the service time required for promotion and tenure eligibility.

Employees shall submit the request to their department/unit Chair, the Dean or Director and the Senior Vice President, Academic and Student Affairs, or, in the case of administrators, to the appropriate Vice President, no later than six months prior to the date of departure. Once the leave has been approved the University shall have no obligation to re employ the faculty member on leave during the period of the requested leave if the employee is unable to complete the term of assignment. A final report, which describes the accomplishments and experience gained, shall be submitted to the appropriate Vice President within thirty (30) business days after the employee returns to the University. [Board Resolution 00-02]

Sabbatical Leave section is applicable to:

FACULTY EMPLOYEES

Faculty Sabbatical Leave

*Click link for form and agreement

A sabbatical leave is intended for the mutual benefit of the University and the person granted leave. Generally, the recognized purpose of a sabbatical leave is to:

1. Refresh and reinvigorate tenured faculty members, physically and academically, in their own scholarly interests and those of the University; and

2. Encourage scholarly research that will enhance the stature of both the individual and the institution; and

3. Improve, through appropriate activities, the academic qualifications and professional competence of the faculty; and

4. Stimulate scholarly contributions of high caliber in the future.

A sabbatical leave may be approved subject to Chapter 4 of Title 4, Guam Code Annotated, section 4110.2. University of Guam – Sabbatical Leave

“Academic employees of the University of Guam, all of whom are permanent residents of Guam, may be given a sabbatical leave of absence upon completion of seven (7) consecutive years of satisfactory teaching service. To be eligible for such sabbatical leave, an employee must have obtained a graduate degree and tenure. Any accumulated regular annual leave must be included within and taken at the same time as the sabbatical leave. The University of Guam Board of Regents shall determine eligibility for such leave and shall schedule the same in such a way as to not unduly interfere with or disrupt the operations of the University of Guam.”

A sabbatical leave is a privilege and not an entitlement. A sabbatical leave is not granted automatically. Each request shall include a detailed proposal of sabbatical activity and expected benefits, as approved by the Dean/Director.

It is the responsibility of the faculty member to provide the Dean/Director with addresses for correspondence and a timetable for specific accomplishments throughout the sabbatical period sufficient to enable the Dean/Director to ensure that appropriate development activities are in progress in line with the approved Comprehensive Faculty Evaluation System (CFES) development plan.

Sabbatical leave may be authorized for an eligible member of the tenured faculty in accordance with the following criteria, procedure, and conditions:

Eligibility

Tenured full-time faculty members are eligible for a sabbatical leave after seven (7) years of consecutive full-time employment with the University. Application may be made during the seventh year for a sabbatical during the eighth year, but applications must be received no later than six (6) months before the requested date to begin the sabbatical, absent extraordinary circumstances. Eligible academic employees must serve an additional seven consecutive years as a full-time employee following a sabbatical leave in order to be eligible to apply for another sabbatical. All requirements of GCA Title 4, Chapter 4, section 4110.2 must be met.

Criteria

Benefit to the University; benefit to the faculty member’s professional development; length of creditable service and an approved plan of appropriate professional development in accord with the Comprehensive Faculty Evaluation System. The Dean/Director must approve the plan in writing.

Procedure

An eligible faculty member desiring a sabbatical leave shall submit an application to the Chair/Director of his or her division or Other Assigned Area. The Chair or Director shall make his or her recommendation to the Dean of the College or the Assistant Vice President for Graduate Studies, Sponsored Programs and Research. The Dean/Director shall consider the application, consult with the College AAC, and forward a recommendation to the Senior Vice President, Academic and Student Affairs, for action. A faculty member whose application for sabbatical leave is not recommended by his or her Chair, Director, or Dean may appeal the recommendation in writing to the Senior Vice President, Academic and Student Affairs. The Senior Vice President’s decision is final.

1. Conditions

Sabbatical leave options and terms for faculty on academic year appointment (9 month) shall be one semester (Schedule A), or for one academic year (two consecutive semesters) using salary Schedule B. For those whose primary assignment is not teaching, sabbatical leaves of one semester or less or between one-semester and 9 months may be granted. Employees choosing sabbatical leaves of shorter duration than the maximum under either salary option will forfeit the unused portion.

For faculty on 12-month appointments, the options and terms of the sabbatical leave shall be six to twelve (6-12) consecutive months on salary Schedule B or zero to six (0-6) months on salary Schedule A. Employees requesting sabbatical leaves of shorter duration than the maximum under either salary option will forfeit the unused portion. [Board Resolution 10-10]

Sabbatical Leave Salary Table.

Full time faculty	Length of Leave	Salary Scale Used
Academic year (Nine-month) faculty	One semester	Schedule A
Academic year (Nine-month) faculty	Two consecutive semesters	Schedule B
Calendar Year (Twelve-month) faculty	Less than 6 months	Schedule A
Calendar Year (Twelve-month) faculty	6-12 months	Schedule B

The employee continues as a full time University of Guam employee for the leave period. Therefore, while on sabbatical leave, the employee shall not engage in gainful employment unless approved by the appropriate supervisor and the Senior Vice President.

It is the obligation of the applicant to engage in appropriate professional development and scholarly activities according to the approved plan and to make a detailed report in writing, describing the work done and accomplishments realized during the sabbatical leave, and to submit all supporting products to the Chair, the Dean/Director, and the appropriate Vice President within twenty (20) business days after returning to full-time duty with the University of Guam.

It is also the obligation of the employee to return to regular duties at the University for at least one calendar year upon completion of the sabbatical leave, or to return the salary received on sabbatical. [Board Resolution 10-22]

Government of Guam (GovGuam) Leave Sharing Program

The purpose of the Leave Sharing Program is to provide assistance to employees who need to take extended period of absence from their employment.

Medical Emergency

The employee, or a member of his family suffers from a medically certified incapacitation due to illness, injury, impairment, or physical or mental condition which has caused, or is likely to cause, the employee to go on leave for at least ten (10) consecutive workdays.

Personal

Minimum of five (5) consecutive workdays, on a case-by-case basis and Final approval and/or disapproval via Director of Administration.

Conversion

Leave transferred from donors whose hourly rates of pay or salaries are LOWER than the recipient shall be paid at the hourly rate or salary of the DONOR.

Leave transferred from donors whose hourly rates of pay or salaries are HIGHER than the recipient shall be paid at the hourly rate or salary of the RECIPIENT.

Conditions

Recipient must first exhaust all of his accrued annual and sick leave and compensatory time for purposes of a medical emergency or personal reasons. MILITARY Reserves or National Guard call to active duty in excess of fifteen (15) workdays.

NO LEAVE is to be transferred to another employee if intent is to use for credit towards retirement or accumulated leave.

NO TRANSFER may be made of unused annual leave or sick leave to another employee in exchange for any money, favors, or items of value.

Maximum of 1,680 hours (210 days): 90 workdays for 1st request; 90 days for 2nd request; and possible 30 days for 3rd request. Required certification from the attending medical doctor that the recipient of the leave needs additional time for medical treatment or recovery from a medical illness from the first, second and third requests.

GovGuam Leave Sharing Program is applicable to classified, appointed, elected, and unclassified positions, and all branches of GovGuam.

ALL approved and disapproved leave-sharing requests effective 10/1/2007 for medical emergency reasons shall be forwarded to the Department of Administration, Human Resources Division for compliance review purposes.

Application for the GovGuam Leave Sharing Program

The application for the GovGuam Leave Sharing Program can be downloaded off the UOG Human Resources Office webpage or from your immediate supervisor.

Sick/Annual Leave Donation Request for Medical Emergency Reasons

a. Enter the employee names, the Recipient first and then the Donor.

b. Enter the Social Security Numbers for both employees.

c. Enter the Class Title (position titles) of the employees and the associated Pay

d. Grade/Step for each.

e. Enter each employee's Hourly Rate and Salary.

f. Enter each employee's Agency /Department and Division.

g. Enter the dates (From- To) for which the Donated Leave Period is to be used.

NOTE: These dates must not be for a prior period of time as the request must be approved before leave can be taken. Also, enter the Total Hours to be used during this period of time (identify hours of leave [sick and/or annual leave] donated).

h. Explain the appropriate medical emergency reason (employee or employee’s immediate family member) for which this leave will be used. The Recipient employee must sign and date the form

i. To receive leave, the requesting employee (Recipient) must obtain certification from his/her agency/department Chief Payroll Officer/Authorized Designee on his/her leave account and total donated leave sharing approved and paid to date in accordance with the Leave Sharing Program.

j. To donating employee (Donor) must certify this request by signing, dating and indicating total leave (sick and/or annual leave) hours donating on the form. In addition, the Donor employee must obtain certification from his/her Chief Payroll Officer/ Authorized Designee indicating the Donor has accrued the amount of leave to be donated in the Donor's leave account.

Instruction for Recipient on the Required Documentation

1. The Recipient shall attach a copy of the medical certification by a licensed practicing physician. (Employee or employee's immediate family member [certification must identify immediate family member's medical condition, relationship to employee and timeframe or time period).

2. Attach a copy of the approved Request for Leave (Form FCN 2-0-1). Note: Absence must be for a minimum of ten (10) consecutive workdays for medical emergency reasons. To donate leave hours, the Donor employee must obtain certification from his/her Chief Payroll Officer/ Authorized Designee indicating the Donor has accrued the amount of leave hours to be donated.

3. Recipient's Appointing Authority's printed name, position title and signature.

Annual Leave Donation Request for Personal Reasons

a. Enter the employee names, the Recipient first and then the Donor.

b. Enter the Social Security Numbers for both employees.

c. Enter the Class Title (position titles) of the employees and the associated Pay Grade/Step for each.

d. Enter each employee's Hourly Rate and Salary.

e. Enter each employee's Agency /Department and Division.

f. Enter the dates (From -To) for which the donated leave hours are to be used.

NOTE: These dates must not be for a prior period of time as the request must be approved before leave can be taken. Also, enter the Total Hours to be used during this period of time (hours of leave donated).

g. Explain the appropriate personal reason (reasons authorized by leave sharing procedures) for which this leave will be used. The Recipient employee must sign and date the form.

h. To receive leave, the requesting employee (Recipient) must obtain certification from his/her agency/department Chief Payroll Officer/Authorized Designee, total donated leave sharing approved and paid to date and the approval of the Appointing Authority indicating the request meets all guidelines and is approved for acceptance of the donated leave hours.

i. The donating employee (Donor) must certify this request by signing and dating the form. To donate annual leave hours, the Donor employee must obtain certification from his/her Chief Payroll Officer/ Authorized Designee indicating the Donor has accrued the amount of annual leave hours to be donated.

j. Final approval for donated leave requests for personal reasons (other than medical emergency reasons) is the Director of Administration. Upon approval/disapproval of the request, the original and copy will be forwarded to the respective Recipient and Donor's Chief Payroll Officer/ Authorized Designee, and the respective Appointing Authorities/Timekeepers of both employees.

k. The Recipient shall attach some form of proof, e.g. notarized affidavit or other certification to prove validity of request for a minimum period of five (5) consecutive workdays.

l. Attach a copy of the approved Request for Leave (Form FCN 2-0-1 - Government of Guam Leave Form).

NOTE: Absence must be for a minimum of five (5) consecutive workdays for personal reasons.

Leave Under the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act of 1993, as amended, (FMLA or Act) allows eligible employees of a covered employer to take job-protected, unpaid leave, or to substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 12 workweeks in any 12 months (see Title 29 United States Code, Subtitle B, Chapter V, Subchapter C, Part 825, §825.200(b)) because of the birth of a child and to care for the newborn child, because of 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 the employee unable to perform the functions of his or her job, or because of any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a military member on active duty or call to covered active duty status (or has been notified of an impending call or order to covered active duty). In addition, eligible employees of a covered employer may take job-protected, unpaid leave, or substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 26 workweeks in a single 12-month period to care for a covered service member with a serious injury or illness. In certain cases, FMLA leave may be taken on an intermittent basis rather than all at once, or the employee may work a part-time schedule.

Application for Family and Medical Leave

The application for the Family and Medical Leave can be downloaded off the UOG Human Resources Office webpage or from your immediate supervisor.

1. In the NAME field enter your first name followed by your middle name or initial and your last name.

2. Enter your college or unit in the DEPARTMENT field.

3. Enter your current address in the CURRENT ADDRESS. Mailing address is preferred.

4. In the START DATE OF ANTICIPATED LEAVE field enter the date for when the leave is to begin.

5. In the EXPECTED DATE OF RETURN TO WORK field enter the date for when you expect to return to work.

6. Once you have read through the NOTE and disclaimer write in your signature in the EMPLOYEE'S SIGNATURE field.

7. Enter the date of the application submission in the DATE field and submit the completed application to your immediate Supervisor.

8. The Supervisor will sign their name in the SUPERVISOR field, if approved.

9. The Supervisor will then enter the date in the DATE field, if approved, and submit the application to the Department Administrator.

10. The Administrator will sign their name in the APPROPRIATE ADMINISTRATOR field, if approved.

11. The Administrator will then enter the date in the DATE field, if approved, and have the application submitted to the UOG President.

12. The UOG President will sign their name in the PRESIDENT field, if approved.

13. The UOG President will then enter the date in the DATE field, if approved, and have the application submitted to the UOG President.

14. After the UOG President’s signed approval the application is forwarded to the UOG Human Resource Office.

15. The Human Resource Office will then forward the application the UOG Payroll Office.

Certification of Physician or Practitioner

The employee will use this form for themselves or for a covered family member.

1. In the EMPLOYEE’S NAME field enter the employee’s first name followed by the middle name or initial and last name.

2. For the PATIENT’S NAME field enter the covered family member or leave blank it the patient is the employee.

3. Enter a brief illness description in the DIAGNOSIS field.

4. In the DATE CONDITION COMMENCED field enter when the condition was diagnosed.

5. For the PROBABLE DURATION OF CONDITION field provide an estimate on the length of time of the condition.

6. Enter the type of treatments, visits, scheduled visits and all others listed in this field.

a. Enter the name of the PHYSICIAN OR PRACTITIONER in this field.

b. In the BY ANOTHER HEALTH CARE PROVIDER, IF REFERRED BY PHYSICIAN OR PRACTITIONER field enter the name of the provider if the physician or practitioner made the referral.

*If the patient is the employee then continue with steps 7 through 9. If this is for the employee’s covered family member skip to steps 10 through 17.

7. In the IS INPATIENT HOSPITALIZATION OF THE EMPLOYEE REQUIRED? field check YES or NO as appropriate.

8. In the IS THE EMPLOYEE ABLE TO PERFORM WORK OF ANY KIND? field check YES or NO as appropriate. If no then skip item 9.

9. In the IS THE EMPLOYEE ABLE TO PERFORM THE FUNCTIONS OF EMPLOYEE'S POSITION? field check YES or NO as appropriate.*If the patient is the employee’s covered family member complete items 10 through 17.

10. In the IS INPATIENT HOSPITALIZATION OF THE FAMILY MEMBER (PATIENT) REQUIRED? field check YES or NO as appropriate.

11. For the DOES (OR WILL) THE PATIENT REQUIRE ASSISTANCE FOR BASIC MEDICAL, HYGIENE, NUTRITIONAL NEEDS, SAFETY OR TRANSPORTATION? field check YES or NO as appropriate.

12. For the AFTER REVIEW OF THE EMPLOYEE’S SIGNED STATEMENT field check YES or NO as appropriate.

13. The ESTIMATE THE PERIOD OF TIME CARE IS NEEDED OR THE EMPLOYEE’S PRESENCE WOULD BE BENEFICIAL field requires how much time is needed to care for the employee’s covered family or what time of the day the employee will provide care to the covered family member.

14. For the EMPLOYEE'S SIGNATURE field the employee will sign their name, and DATE when they signed the form.

15. The PHYSICIAN'S OR PRACTITIONER'S SIGNATURE is required in this field.

16. The Physician or Practitioner will enter the DATE when they signed the form.

17. The Physician or Practitioner will enter what field they specialize in.

Medical Certification Statement (Employee's Own Serious Illness)

1. In the NAME OF EMPLOYEE field enter employee’s first name followed by their middle name or initial and last name.

2. In the DATE OF CONDITION BEGAN field enter the date for when the leave is to begin.

3. In the DATE CONDITION ENDED (OR IS EXPECTED TO END) field enter the date when the employee’s condition has healed.

4. Enter in the necessary information required in the MEDICAL FACTS REGARDING THE CONDITION field.

5. Enter in the necessary information required in the EXPLANATION OF EXTENT TO WHICH EMPLOYEE IS UNABLE TO PERFORM THE FUNCTIONS OF HIS OR HER JOB field.

6. The health care provider will enter their signature in the HEALTH CARE PROVIDER SIGNATURE field.

7. The health care provider will enter the date of the signature in the DATE field.

8. The health care provider will enter their office contact number in the OFFICE PHONE NUMBER(S) field.

9. In the Medical Release section have the patient write their signature in the PATIENT'S SIGNATURE field and date in the DATE field.

Medical Certification Statement (Illness of Employee's Covered Family Member)

1. In the NAME OF EMPLOYEE field enter employee’s first name followed by their middle name or initial and last name.

2. Enter the covered family member’s name in the NAME OF ILL FAMILY MEMBER field.

3. In the DATE OF CONDITION BEGAN field enter the date for when the leave is to begin.

4. In the DATE CONDITION ENDED (OR IS EXPECTED TO END) field enter the date when the covered family member’s condition has healed.

5. Enter in the necessary information required in the MEDICAL FACTS REGARDING THE CONDITION field.

6. Enter in the necessary information required in the EXPLANATION OF EXTENT TO WHICH EMPLOYEE IS NEEDED TO CARE FOR THE ILL COVERED FAMILY MEMBER field.

7. The health care provider will enter their signature in the HEALTH CARE PROVIDER SIGNATURE field.

8. The health care provider will enter the date of the signature in the DATE field.

9. The health care provider will enter their office contact number in the OFFICE PHONE NUMBER(S) field.

10. In the Medical Release section have the patient write their signature in the PATIENT'S SIGNATURE field and date in the DATE field.

Notice of Intention to Return from Leave

Notice of intent to return from family and medical leave should be given to the supervisor in writing at least two weeks in advance of the expected date of return. If an employee wishes to return prior to the expiration of a family or medical leave of absence, notification should be given to the supervisor at least five (5) calendar days prior to the employees' planned return. Under extenuating circumstances, notice may be waived by the supervisor.

1. In the NAME OF EMPLOYEE field enter employee’s first name followed by their middle name or initial and last name.

2. Enter the Supervisor’s name in the SUPERVISOR field.

3. In the DATE LEAVE IS TO COMMENCE field enter the date for when the leave is to begin.

4. In the DATE OF PLANNED RETURN (AT LEAST TWO WEEKS ADVANCE NOTICE) field provide a return date to the employer.

5. For the EMPLOYEE'S SIGNATURE field the employee will sign their name, and DATE when they signed the form.

6. The health care provider will certify the employee can return to work and will enter their signature in the HEALTH CARE PROVIDER SIGNATURE field and DATE when they signed the form.

Performance Evaluation

The Chief Human Resources Officer shall establish and maintain a performance evaluation system for the fair and objective appraisal of work performance of employees of the University. The performance evaluation system may be used to (Title 4 GCA Chapter 4 and Chapter 6):

A. Improve individual performance.

B. Strengthen supervisor/employee relationships.

C. Recognize employee accomplishments and good work.

D. Identify job standards.

E. Identify training needs.

F. Grant or deny pay increments.

G. Determine order of layoffs.

H. Determine whether a probationary employee shall be given a permanent appointment.

I. Determine eligibility for promotion.

J. Determine whether disciplinary action is required.

A description of the Faculty load can be found in the BOARD/UNION Agreement.

Evaluation, Promotion and Tenure

This section is applicable to:

FACULTY EMPLOYEES

The faculty and the administration of the University of Guam agree that successfully fulfilling the University's mission depends on maintaining and developing a faculty of high quality. Faculty evaluation is an essential part of that process. A Comprehensive Faculty Evaluation System (CFES), shall be in place for use in the process of faculty evaluation, promotion and tenure. Additional information on faculty evaluation, promotion and tenure can be found in the BOARD/UNION Agreement.

Comprehensive Faculty Evaluation System (CFES)

The Comprehensive Faculty Evaluation System set forth below has been developed by the Faculty Evaluation Committee utilizing information provided by those who will be directly affected by its use — the faculty. It is important to underscore the fact that this evaluation process is a tool, and like all other tools does not have a life apart from the people who use it. The data generated by the evaluation process requires soundly reasoned interpretation within a framework of basic fairness and professionalism. This system will provide a consistent conceptual framework for all types of faculty evaluations.

[This document is held on the Procedure / Policy website]

Purpose and Application

One of the reasons for the existence of an evaluation process is to assist individual faculty members in assessing their professional performance. Another is to provide a clear picture of a faculty member’s performance based on a variety of information evaluated by a number of people.

The information given by the measuring system will be used for three purposes: 1) It will help identify effective faculty characteristics and practices; 2) It will identify faculty areas of performance which may need improvement or further examination; 3) It will assist the University in developing a written, long-range plan for addressing faculty development and remediation needs, and in making decisions about retention, promotion, tenure, and salary increment.

When an area of performance is identified as deficient, it is the obligation of the appropriate administrator and the faculty member to develop and implement a written plan for improvement. The faculty member is expected to work energetically toward improvement and the administrator is expected to provide the necessary guidance, counseling, and support. Adverse actions will not be taken against any faculty member in relation to academic performance without an adequate opportunity for improvement (at least one year following the first notification of deficiency).

All faculty evaluations, including but not limited to increments, renewal of employment, promotion, tenure, and post-tenure reviews shall be conducted by the process outlined in this document.

Basic Assumptions

1. Faculty members are professionals who desire to perform well. Thus, the evaluation system is formative in nature and should be viewed as a positive experience for all concerned. Anxiety about the instrument should be kept to a minimum.

2. Evaluation cannot be separated from faculty development. If faculty members are to maintain, as well as improve performance, they may expect assistance from the University administration.

3. Individual faculty members are most effective in contributing to the mission of the University when they are able to specialize to some extent. Consequently, teaching, creative/scholarly activity and research, service, and other roles are not necessarily co-equal for individual faculty members. Therefore, the evaluation process recognizes the multiple roles of individual faculty members by reflecting differing responsibilities. The individual faculty member, the faculty work unit, and the appropriate administrator will consult to determine the particular roles which will be evaluated and what weight each role will carry in the total evaluation process. The agreed-upon weights, noted as percentages, will be specified in writing and will form the framework within which evaluation takes place.

4. While the faculty evaluation process will be used uniformly throughout the University, it is not centralized to the extent that specific concerns and goals of each of the colleges and divisions cannot be effectively reflected in the instrument.

5. It is recognized that any instrument of evaluation must be subject to modification, adjustment, and perhaps major change. The Faculty Evaluation Committee will continue to monitor and recommend improvements.

6. Approved instruments must be used to elicit routine student evaluations of teaching in all UOG credit-bearing courses. These evaluations will be used as one of several elements of evidence in this comprehensive faculty evaluation system and should be looked at over time for each faculty member. Different evaluation instruments may be used for workshops or non-credit courses and instruction.

7. Collegiality is essential to the effective and efficient operation of the University. As a colleague and a member of the profession, the professional employee has obligations that derive from common membership in the community of scholars and teachers. Collegiality is the ability to work amicably with one’s associates. In the exchange of criticism and ideas, the professional employee shows due respect for the opinions of others, strives for objectivity in professional judgment of colleagues, and accepts an equal share of responsibilities for the academic operation and governance of the University.

The faculty member promotes a climate in which the exercise of professional judgment is encouraged. The faculty member recognizes that academic freedom brings with it academic responsibility. For information and details concerning responsibilities in this area refer to Policies Common to Administrators, Faculty and Staff, General Rights and Responsibilities of this manual. Therefore, the faculty member accepts the obligation to exercise self-discipline and critical judgment in using, extending, and transmitting knowledge, and to practice intellectual honesty. All of this is a part of collegiality.

When evaluating any of the faculty roles, collegiality will also be considered in relation to that role.

Prohibiting the Granting Conditions of Protected Employment During and After Transitions in Administrations.

Employment and retention of persons on the basis of merit shall include an orderly and systematic method of recruitment and the establishment of a list of qualified applicants for employment purposes. Academic personnel are defined as faculty and administrators.

An administrator is defined as one who holds any of the following positions:

President or Vice-President, Assistant or Associate to the President or Vice-president, Dean, Associate or Assistant Dean or Director, Associate or Assistant Director, provided, however, that nothing shall be construed as preventing the Board of Regents from establishing other administrator positions or abolishing any of the existing positions.

Any condition of employment that is not otherwise legally available to all employees similarly situated and that seeks to protect the position and/or salary of only certain employees is prohibited during and after transitions in administrations.

[Board Resolution 01-04]

Hiring at the University of Guam

NOTE: The President shall appoint faculty and administrators. [Title 17 GCA, Chapter 16, §16108]

Appointment of non-academic personnel to be made by the Vice Presidents.

[Board Resolution 01-25]

Authority of the Board to establish overall policy guiding the University shall not be diminished, the implementation of the expressed policy of the Board shall be vested in both the Administrative Officers and the Faculty through the collegial instrumentalities traditional in University affairs. [Title 17 GCA, Chapter 16, § 16108]

Creation of New Positions and Classes of Positions

This section is applicable to:

ALL CLASSIFIED AND UNCLASSIFIED EMPLOYEES

A. New positions or classes of positions may be created by the President and Chief Human Resources Officer when necessary for the efficient performance of the duties and functions of the University, in accordance with Title 4 GCA, Chapter 6, Section 6303. The petition of the President and Chief Human Resources Officer shall include:

1. The justification for the new position;

2. The essential details concerning the creation of the position;

3. An analysis of the similarities and differences between the position to be created and positions listed pursuant to Title 4 GCA, Chapter 4, Section 4101.1;

4. The position description;

5. The proposed pay range and demonstration of compliance with Title 4 GCA, Chapter 6, Section 6301;

6. A fiscal note as that term is described in Title 2 GCA, Chapter 9, Section 9101 et seq.; and any other pertinent information.

B. The petition shall be posted on the University’s website for ten (10) business days (except Saturdays, Sundays and government of Guam holidays). After the posting, the President and Chief Human Resources Officer shall forward the petition, along with evidence of compliance with Title 4 GCA Section 6303.1, to the Board of Regents who, if they approve the same, shall approve the petition by resolution and file the petition and resolution for record with the Director, Department of Administration and the Legislative Secretary.

C. No new position may be filled until after compliance with the provisions of this Section and thirty (30) days have elapsed from the date of filing with the Legislative Secretary.

D. In accordance with Title 4 GCA, Chapter 6, Sections 6205, 6303 and 6303.1, when creating a new position, transparency and disclosure shall include:

1. Prompt notice of the posting shall be provided to each newspaper of general circulation and broadcasting station which airs a regular local news program within Guam. In this section “prompt notice” shall be defined as no more than five (5) work days from the date of approval.

2. Petitions are public documents for the purpose of Title 5 GCA Chapter 10 Article 1 (Sunshine Law).

3. Any attempted creation of a position not in compliance with the provisions stipulated above shall be void.

Interviews

This section is applicable to:

FACULTY EMPLOYEES

Important: NO interviews will be confirmed without the questions being approved by the Chief Human Resources Officer and Director, EEO & Title IX / ADA Coordinator.

While the questions are pending approval, HRO requests the following:

1. The Memo from the Dean/Director with the approved:

a. Search Committee Member Names for Faculty and Administrators Recruitment

b. Selection Interview Board for Staff Recruitment

2. Applicant Names

3. Date, Time, and Location for the Interview

4. Inform the Search Committee / Selection Interview Board Chair that we require at least one (1) week advance notice for any scheduled interviews.

5. If there are any special deadlines impacting the search, the EEO/ADA & Title IX office should be informed at least three (3) workdays so that extra measures can be taken if necessary.

6. Any interview schedule provided will be considered a tentative schedule until the questions are approved and an EEO Counselor is confirmed.

7. Generally, it is expected that the EEO/ADA & TITLE IX office will inform the Search Committee / Selection Interview Board Chair within 2 working days if No EEO Counselor is available for the expected interview schedule and should be able to offer alternate dates based on the counselor’s availability.

8. While the questions are being reviewed, contact the counselors via email or phone with the tentative schedule provided by the Search Committee / Selection Interview Board Chair.

Approval & Dissemination of the Questions

1. The Search Committee / Selection Interview Board Chair will forward the proposed interview questions with the job announcement for that particular recruitment to the Chief of Human Resources Officer (CHRO) for approval and then it is forwarded to the EEO/ADA & TITLE IX/ADA Coordinator for concurrence. The EEO Office will email the approved questions to HRO and HRO will forward them to the Search Committee / Selection Interview Board Chair.

2. If there is a date that the Search Committee / Selection Interview Board Chair provided, the Chair will inform the Director to expedite the approval of the questions.

3. Upon approval of interview questions, Selection Interview Board/Search Committee Chair will make arrangements with EEO Office to secure an EEO counselor for scheduled interview.

*NOTE: Only approved questions shall be used during scheduled interview.

Interview Packet

1. Request for the Search Committee / Selection Interview Board & Applicant names from the following:

a. Search Committee Chair will provide the names & interview schedule for any Faculty recruitment, Unclassified, and/or Administrator position to include RCUOG.

b. HRO will provide the following information names for any Classified positions:

· Selection Interview Board Names

· Applicant Names

· Date, Time, and Location

This section is applicable to:

CLASSIFIED EMPLOYEES

Classified Staff

Classified staff are governed by the relevant policies below as well as:

· Title 4 Guam Code Annotated, Chapter 4, Public Officers & Employees.

· Board of Regents Resolution 03-17.

This section is applicable to:

Grant and Externally Funded Positions

Grant and Externally Funded Positions

Grant and Externally Funded Positions are governed by:

• BOR Resolution No. 15-01, Relative to Adopting the University of Guam General Pay Plan (UGPP) for Use with Grant and Externally Funded Positions.

Sexual Misconduct Policy

This section is applicable to:

ALL EMPLOYEES

Policy/Procedure Statement

This policy prohibits all forms of sexual misconduct, including but not limited to sexual harassment, sexual assault, sex offenses, domestic violence, dating violence, stalking, and inappropriate amorous relationships. Further, this policy expressly prohibits retaliation against an individual because of her/his good faith participation in the reporting, investigation, or adjudication of violations of this policy. University students and employees who violate this policy will face discipline up to and including expulsion or termination.

All members of the University Community must work together to prevent and eliminate sexual misconduct at the University of Guam.

Reason for the Policy/Procedure

The University is committed to providing an inclusive and welcoming environment for all members of our community. The University values safety, diversity, education, and equity and is firmly committed to maintaining a campus environment free from all forms of sexual misconduct. Federal and local laws protect the University community from any act of sexual misconduct. Such acts violate the essential dignity of our community member(s) and are contrary to our institutional values.

Scope of Policy/Procedure and Exclusions

This policy prohibits sexual harassment, sexual assault, sex offenses, domestic violence, dating violence, stalking, and inappropriate amorous relationships in any University workplace, educational program, activity, or service, which includes all academic, extracurricular, student housing, athletics, and other programs.

The policy applies to all students, faculty, staff, administrators, supervisors, employees, volunteers, and visitors to campus. This includes guests, patrons, independent contractors, or clients of the University.

This policy applies to all sexual misconduct that occurs on campus. It also applies to sexual misconduct that occurs off campus, including on-line or electronic conduct, where the conduct occurred in the context of an employment or education program or activity of the University, had continuing adverse effects on campus, or had continuing adverse effects in an off-campus employment or education program or activity, or that otherwise threatens the health or safety of a member of the University community. Examples of covered off-campus conduct include University-sponsored study abroad, research, or internship programs.

Who Should Read this Policy/Procedure

All employees shall undergo annual training on the prevention of sexual misconduct. New employees shall certify to their understanding of the University’s Sexual Misconduct Policy before beginning employment.

Responsibilities

This policy is maintained by the EEO/ADA and TITLE IX Office. The EEO/ADA and TITLE IX Office and Director, EEO and Title IX/ADA Coordinator will review this policy on at least an annual basis, with the assistance of an advisory group consisting of student, faculty, staff, and may include community representatives selected by senior leadership of that office. The review will capture evolving legal requirements, evaluate the supports and resources available to the parties, and assess the effectiveness of the resolution process (including as to the fairness of the process, the time needed to complete the process, and the sanctions and remedies imposed). The review will include the opportunity for individuals affected by the policy to provide feedback and will incorporate an aggregate view of reports and resolutions. EEO/ADA and TITLE IX Office will prepare an annual report, publicly available, which will include recommendations and steps taken to improve the delivery of services and the effectiveness of the policy and procedures.

Definitions

Advisor: Any individual who provides the accuser or accused support, guidance, or advice. Any advisor who becomes aware of any sexual misconduct will report the misconduct directly to a Responsible Employee.

Awareness programs: Community-wide or audience-specific programming, initiative, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration.

Bystander intervention: Safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of sexual harassment, sexual assault, sex offenses, domestic violence, dating violence, stalking, or an inappropriate amorous relationship.

Bystander intervention includes:

a. Recognizing a situation of potential harm; and

b. Understanding institutional structure and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking actions to intervene.

Campus Security Authorities: Employees designated by the University who have significant administrative or supervisory responsibility for student and campus activities, including but not limited to, student housing, student discipline and campus judicial proceedings. Examples include security personnel, resident advisors, Vice Presidents and faculty advisors. Campus Security Authorities are also Responsible Employees.

Confidential resources: Employees designated by the University who will keep confidential information about an individual unless expressly permitted by the individual or there is a continuing threat of serious violence to the individual or others, or there is a legal obligation to reveal such information. Confidential resources include campus crisis counselors. Confidential resources are not Campus Security Authorities or Responsible Employees, as defined herein.

Consent: Consent is an understandable exchange of affirmative words or actions, which indicate a willingness to participate in mutually agreed upon sexual activity. Consent must be informed, freely and actively given. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual involvement. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. The lack of a negative response is not consent. An individual who is incapacitated by alcohol and/or other drugs whether voluntarily or involuntarily consumed may not give consent. Past consent of sexual activity does not imply ongoing future consent.

Consent cannot be given if any of the following are present: force, coercion or incapacitation.

1. Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and/or coercion that overcome resistance.

2. Coercion is unreasonable pressure for sexual activity. Coercion is more than an effort to persuade, entice, or attract another person to have sex. Conduct does not constitute coercion unless it wrongfully impairs an individual’s freedom of will to choose whether to participate in the sexual activity.

3. Incapacitation is a state where an individual cannot make rational, reasonable decisions because of mental or physical helplessness, sleep, unconsciousness, or lack of awareness that sexual activity is taking place. A person may be incapacitated due to the consumption of alcohol or other drugs, or due to a temporary or permanent physical or mental health condition. A person who is incapacitated lacks the capacity to give consent because they cannot understand the “who, what, when, where, why, or how” of their sexual interaction.

The University offers the following guidance on consent and assessing incapacitation:

A person who wants to engage in a specific sexual activity is responsible for obtaining consent for that activity. The lack of a negative response or protest does not constitute consent. Lack of resistance does not constitute consent. Silence and/or passivity also do not constitute consent. Relying solely on non-verbal communication before or during sexual activity can lead to misunderstanding and may result in a violation of this policy. It is important not to make assumptions about whether a potential partner is consenting. To avoid confusion or ambiguity, participants are encouraged to talk with one another before engaging in sexual activity. If confusion or ambiguity arises during sexual activity, participants are encouraged to stop and clarify a mutual willingness to continue that activity.

Consent to one form of sexual activity does not, by itself, constitute consent to another form of sexual activity. For example, one should not presume that consent to oral-genital contact constitutes consent to vaginal or anal penetration. Consent to sexual activity on a prior occasion does not, by itself, constitute consent to future sexual activity. In cases of prior relationships, the manner and nature of prior communications between the parties and the context of the relationship may have a bearing on the presence of consent.

Once consent has been given, it may be withdrawn at any time. An individual who seeks to withdraw consent must communicate, through clear words or actions, a decision to cease the sexual activity. Once consent is withdrawn, the sexual activity must cease immediately.

In evaluating consent in cases of alleged incapacitation, the University asks two questions: (1) Did the person initiating sexual activity know that the other party was incapacitated? and if not,

(2) Should a sober, reasonable person in the same situation have known that the other party was incapacitated? If the answer to either of these questions is “YES,” consent was absent and the conduct is likely a violation of this policy.

Incapacitation is a state beyond drunkenness or intoxication. A person is not necessarily incapacitated merely as a result of drinking or using drugs. A person could be incapacitated for other reasons which may include: sleep, prescribed or over the counter medication, mental or physical disability. Alcohol-related incapacity results from a level of alcohol ingestion that is more severe than impairment, being under the influence, drunkenness or intoxication. The impact of alcohol and other drugs varies from person to person.

One is not expected to be a medical expert in assessing incapacitation. One must look for the common and obvious warning signs that show that a person may be incapacitated or approaching incapacitation. Although every individual may manifest signs of incapacitation differently, evidence of incapacity may be detected from context clues, such as:

1. slurred or incomprehensible speech;

2. bloodshot eyes;

3. the smell of alcohol on their breath;

4. shaky equilibrium or unsteady gait;

5. vomiting;

6. incontinence;

7. combativeness or emotional volatility;

8. unusual behavior; and/or

9. unconsciousness.

Context clues are important in helping to determine incapacitation. These signs alone do not necessarily indicate incapacitation. A person who is incapacitated may not be able to understand some or all of the following questions: “Do you know where you are?” “Do you know how you got here?” “Do you know what is happening?” “Do you know who is here with you?”

One should be cautious before engaging in sexual contact or sexual intercourse when either party has been drinking alcohol or using other drugs. The introduction of alcohol or other drugs may create ambiguity for either party as to whether consent has been sought or given. If one has doubt about either party’s level of intoxication, the safe thing to do is to forego all sexual activity.

Being impaired by alcohol or other drugs is no defense to any violation of this policy.

Dating violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

1. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship;

2. for the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse; and

3. dating violence does not include acts covered under the definition of domestic violence.

Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Domestic violence: A felony or misdemeanor crime of violence committed

1. by a current or former spouse or intimate partner of the victim;

2. by a person with whom the victim shares a child in common;

3. by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;

4. by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; and/or

5. by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Interim protective accommodations: Changes to a student victim’s academic or living situation where the change can be reasonably accommodated, such as a change in student campus housing or a “No Contact Order.” Interim protective accommodations may also be made for victims other than students, depending on the situation.

Ongoing prevention and awareness campaigns: Programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing sexual harassment, sexual assault, sex offenses, domestic violence, dating violence, stalking, and inappropriate amorous relationships using a range of strategies with audiences throughout the institution.

Power: Refers to the authority or perceived authority that an individual has by virtue of their institutional standing as a university employee. This creates an inherently unequal relationship. Individuals, especially students, who are in our care frequently do not have the life experience to fully comprehend the extent of anyone who holds a title and may therefore feel constrained to reject or report sexual misconduct.

Primary prevention programs: Programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop sexual harassment, sexual assault, sex offenses, domestic violence, dating violence, stalking, and inappropriate amorous relationships before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in a healthy and safe direction.

Proceeding: All activities related to a non-criminal resolution of an institutional disciplinary complaint, including, but not limited to, fact-finding investigations, formal or informal meetings, and hearings. A proceeding does not include communications and meetings between officials and victims concerning accommodations or protective measures to be provided to a victim.

Programs to prevent sexual harassment, sexual assault, sex offenses, domestic violence, dating violence, stalking, and inappropriate amorous relationships: Comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end sexual harassment, sexual assault, sex offenses, domestic violence, dating violence, stalking, and inappropriate amorous relationships that:

1. are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research or assessed for value, effectiveness, or outcome; and

2. consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community, and societal levels.

Programs to prevent sexual harassment, sexual assault, sex offenses, domestic violence, dating violence, stalking, and inappropriate amorous relationships include both primary prevention and awareness programs directed at incoming students, new employees, and new contractors and ongoing prevention and awareness campaigns directed at students, employees and contractors.

Prompt, fair, and impartial proceeding: A proceeding that is completed within reasonably prompt timeframes designated by an institution’s policy, including a process that allows for the extension of timeframes for good cause and with written notice to the accuser and the accused of the delay and the reason for the delay, and is conducted in a manner that:

1. Is consistent with the institution’s policies and transparent to the accuser and accused;

2. Includes timely notice of meeting at which the accuser or accused, or both, may be present;

3. Provides timely and equal access to the accuser, the accused, and appropriate officials to any information that will be used during informal and formal disciplinary meetings and hearings; and

4. Is conducted by officials who do not have a conflict of interest or bias for or against the accuser or the accused.

Reporting options (partially confidential): University officials to whom a complaint may be made. These include the Institutional Compliance Officer, Safety Officer, the Dean of Enrollment Management and Student Success, and others. Reporting options can maintain partial confidentiality, but must report the complaint to the Response Team.

Response Team: A team of individuals who may consist of the Institutional Compliance Officer, the Safety Officer, the Dean of Enrollment Management and Student Success, the Senior Vice President and the Human Resource Officer, who will conduct an initial assessment to determine whether the alleged conduct is a potential violation of the policy and whether further action is warranted. The Response Team will protect and safeguard the privacy of all individuals in a manner consistent with the need for careful assessment and response to the report.

Responsible Employees: Employees, including all full-time faculty, designated by the University who have administrative or supervisory responsibility for student and campus activities, including but not limited to, student housing, student discipline and campus judicial proceedings. Examples include security personnel, resident advisors, Vice Presidents and faculty advisors. Responsible Employees may also be Campus Security Authorities.

Result: Any initial, interim, and final decision by any official or entity authorized to resolve disciplinary matters with the institution. The result must include any sanctions imposed by the institution. The result does not include any interim protective accommodations.

Retaliation: An action taken by the University Administration or supervisor which subjects a university individual to interference, coercion or reprisal for seeking advice under this policy, reasonably filing a complaint, or otherwise in good faith participating in the internal complaint process or in a complaint process external to the University. The University prohibits retaliation under this policy, the Clery Act, and Titles VII and IX.

Risk reduction: Options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims to promote safety and to help individuals and communities address conditions that facilitate violence.

Sexual assault: An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the Federal Bureau of Investigation’s Uniform Crime Reporting (UCR) Program and/or Guam statutes.

Sexual harassment: Sexual harassment is a specific form of prohibited harassment which occurs when an individual’s behavior constitutes (1) unwelcome sexual advances, or (2) unwelcome requests for sexual favors, or (3) other unwelcome verbal or physical behavior of a sexual nature where:

1. submission to such conduct is made explicitly or implicitly a term or condition of an individual’s education or employment; or

2. submission to, or rejection of, such conduct by an individual is used as the basis for academic or employment decisions affecting the individual’s welfare; or

3. such conduct has the purpose or effect of unreasonably interfering with an individual’s welfare, academic, residential life or work performance, or creates an intimidating, hostile or offensive educational, living or work environment at the University.

Sexual harassment is conduct that includes the use of explicit or implied sexual language that includes but is not limited to profanity, offensive language and expletives, derogatory comments or sexually offensive speech that is used to berate, bully, discipline or intimidate a member of the University community.

Examples of what may constitute sexual harassment are:

1. Verbal: Sexual innuendo, spreading sexual rumors, sexual jokes, sexual insults, sexual propositions.

2. Nonverbal: Leering, whistling, suggestive or insulting sounds and gestures, offensive writings, posting sexually denigrating pictures on office walls.

3. Physical: Touching the body when unwelcome (e.g., brushing, patting, pinching, non-consensual sexual intercourse).

Sexual misconduct: For the purpose of this policy, sexual misconduct is a broad term that encompasses sexual harassment, sexual assault, and sex offenses, and may also include domestic violence, dating violence, stalking, and inappropriate amorous relationships. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by men or women, and can occur between people of the same or different gender.

Sex offenses: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity, or a disparity in “power” within the relationship.

1. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

2. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim.

3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

4. Statutory rape: Sexual intercourse with a person who is under the statutory age of consent.

Stalking (including cyberstalking): Engaging in a course of conduct directed at a specific person that would cause a reasonable person to

1. Sear for the person’s safety or the safety of others; or

2. Suffer substantial emotional distress.

For the purposes of this definition:

1. Course of conduct: means two or more acts, including but not limited to acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property;

2. Reasonable person: means a reasonable person under similar circumstances and with similar identities to the victim.

3. Substantial emotional distress: means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

4. Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Inappropriate Amorous Relationships

For the purposes of this policy, amorous relationships are defined as intimate, sexual, and/or any other type of amorous encounter or relationship, whether casual or serious, short-term or long-term.

Instructional/Student Context

All full-time and part-time faculty and staff must be aware that amorous relationships with students are likely to lead to difficulties and have the potential to place faculty and staff at great personal and professional risk. The power difference inherent in the faculty–student or staff–student relationship means that any amorous relationship between a faculty or staff member and a student is potentially exploitative or could at any time be perceived as exploitative and should be avoided. Faculty and staff engaged in such relationships should be sensitive to the continuous possibility that they may unexpectedly be placed in a position of responsibility for the student’s instruction or evaluation. In the event of a charge of sexual harassment arising from such circumstances, the University will in general be unsympathetic to a defense based upon consent when the facts establish that a faculty-student or staff-student power differential existed within the relationship.

Undergraduate Students

Subject to the limited exceptions herein, all members of the faculty and staff are prohibited from pursuing or engaging in an amorous relationship with any undergraduate student.

Graduate Students

With respect to graduate students (including but not limited to Master’s, Doctoral, and any other post-baccalaureate students), all faculty and staff are prohibited from pursuing or engaging in an amorous relationship with a graduate student under that individual’s authority. Situations of authority include, but are not limited to: teaching; formal mentoring or advising; supervision of research and employment of a student as a research or teaching assistant; exercising substantial responsibility for grades, honors, or degrees; and involvement in disciplinary action related to the student.

Students and faculty/staff alike should be aware that pursuing or engaging in an amorous relationship with any graduate student will limit the faculty or staff member’s ability to teach, mentor, advise, direct work, employ and promote the career of the student involved with him or her in an amorous relationship.

Students in Positions of Authority

Like faculty and staff members, students may themselves be in a position of authority over other students, for example, when serving as a teaching assistant in a course or when serving as a research assistant, work study or supervising other students. The power difference inherent in such relationships means that any amorous relationship between that student and another student over whom she/he has authority is potentially exploitative and must be avoided. All students currently or previously engaged in an amorous relationship with another student are prohibited from serving in a position of authority over that student. Students also should be sensitive to the continuous possibility that they may unexpectedly be placed in a position of responsibility for another student’s instruction or evaluation.

Pre-existing Relationships with Any Student

The University recognizes that an amorous relationship may exist prior to the time a student enrolls at the University or, for amorous relationships with graduate students, prior to the time the faculty or staff member is placed in a position of authority over the graduate student. The current or prior existence of such an amorous relationship must be disclosed to the EEO/ADA and Title IX Compliance Office and/or the Human Resources Office and immediate supervisor by the employee in a position of authority immediately if the student is an undergraduate, and prior to accepting a supervisory role of any type over any graduate student.

All faculty and staff currently or previously engaged in an amorous relationship with a student are prohibited from the following unless effective steps have been taken in conjunction with the EEO/ADA and Title IX Compliance Office and/or the Human Resources Office, the immediate supervisor and the applicable dean or vice president to eliminate any potential conflict of interest in accordance with this policy: teaching; formal mentoring or advising; supervising research; exercising responsibility for grades, honors, or degrees; considering disciplinary action involving the student; or employing the student in any capacity—including but not limited to student employment and internships, work study, or as a research or teaching assistant.

Similarly, all graduate students currently or previously engaged in an amorous relationship with another student are prohibited from serving in a position of authority over that student.

If an Amorous Relationship Occurs with Any Student

If, despite these warnings, a faculty member, staff member, or graduate student becomes involved in an amorous relationship with a student in violation of this policy, the faculty member, staff member, or graduate student must disclose the relationship immediately to the EEO/ADA and Title IX Compliance Office and/or the Human Resources Office and immediate supervisor. Absent an extraordinary circumstance, no relationships in violation of this policy will be permitted while the student is enrolled or the faculty/staff member is employed by the University. In most cases, it will be unlikely that an acceptable resolution to the conflict of interest will be possible, and the faculty or staff member’s employment standing or the graduate student’s position of authority may need to be adjusted until s/he no longer has supervisory or other authority over the student.

In addition to the amorous relationship itself, a faculty, staff or graduate student’s failure to report the existence of an inappropriate amorous relationship with a student is also a violation of this policy. The University encourages immediate self-reporting, and will consider this factor in the context of any resolution that may be able to be reached.

Employment Context

Amorous relationships between supervisors and their subordinate employees often adversely affect decisions, distort judgment, and undermine workplace morale for all employees, including those not directly engaged in the relationship. Any University employee who participates in supervisory or administrative decisions concerning an employee with whom s/he has or has had an amorous relationship has a conflict of interest in those situations. These types of relationships, specifically those involving spouses and/or individuals who reside together, also may violate the Standard of Conduct for Public Employees of the Government of Guam as well as the University’s policy on Nepotism and Conflicts of Interest.

Accordingly, the University prohibits all faculty, staff and administrators from pursuing or engaging in amorous relationships with employees whom they supervise. No supervisor shall initiate or participate in institutional decisions involving a direct benefit or penalty (employment, retention, promotion, tenure, salary, leave of absence, etc.) to a person with whom that individual has or has had an amorous relationship. The individual in a position of authority can be held accountable for creating a sexually hostile environment or failing to address a sexually hostile environment and thus should avoid creating or failing to address a situation that adversely impacts the working environment of others.

Pre-existing Amorous Relationships Between Supervisors and Subordinate Employees

The University recognizes that an amorous relationship may exist prior to the time an individual is assigned to a supervisor. Supervisory, decision-making, oversight, evaluative or advisory relationships for someone with whom there exists or previously has existed an amorous relationship is unacceptable unless effective steps have been taken to eliminate any potential conflict of interest in accordance with this policy. The current or prior existence of such a relationship must be disclosed by the employee in a position of authority prior to accepting supervision of the subordinate employee to the EEO/ADA and Title IX Compliance Office and/or the Human Resources Office and immediate supervisor. Working with the EEO/ADA and Title IX Compliance Office and/or the Human Resources Office and the immediate supervisor, the relevant managers will determine whether the conflict of interest can be eliminated through termination of the situation of authority. The final determination will be at the sole discretion of the relevant dean or vice president.

If an Amorous Relationship Occurs or has Occurred between a Supervisor and his/her Subordinate Employee

If, despite these warnings, a University employee enters into an amorous relationship with someone over whom s/he has supervisory, decision-making, oversight, evaluative, or advisory responsibilities, that employee must disclose the existence of the relationship immediately to the EEO/ADA and Title IX Compliance Office and/or the Human Resources Office and immediate supervisor. In consultation with appropriate University administrators, the relevant dean or vice president will determine whether the conflict of interest can be eliminated. The final determination will be at the sole discretion of the relevant dean or vice president. In most cases, it will be unlikely that an acceptable resolution to the conflict of interest will be possible. If the conflict of interest cannot be eliminated, the supervisor’s employment standing may need to be adjusted. In addition to the amorous relationship itself, a supervisor’s failure to report the existence of the relationship with a subordinate employee is also a violation of this policy. The University encourages immediate self-reporting, and will consider this factor in the context of any resolution that may be able to be reached.

Consequences of Violations of this Policy

If any faculty, staff or student violates the terms of this policy, disciplinary action will be taken in accordance with disciplinary procedures contained in the relevant handbooks, policies, procedures, practices, or contracts. Violations of this policy will result in disciplinary actions which may include but are not limited to written warnings, loss of privileges, mandatory training or counseling, probation, suspension, demotion, exclusion, expulsion, revocation of tenure, and termination of employment.

Academic Freedom and Integrity

The University is committed to the principles of free inquiry and expression. Vigorous discussion and debate are fundamental to this commitment, and this policy is not intended to restrict teaching methods or freedom of expression, nor will it be permitted to do so. Sexual misconduct is not a proper exercise of academic freedom under this policy and is not a legally protected expression. However, discussion of topics (even those which include sexuality or sexually explicit information) that a student may find unpleasant, uncomfortable, or distressing may not necessarily be considered sexual misconduct. Sexual misconduct compromises the University’s integrity, as well as its tradition of intellectual freedom.

1. Feedback

University staff and students may provide feedback about this document by emailing eeo-ada@triton.uog.edu

2. The Policy/Procedures

Reporting by University Employees

Responsible Employees

Employees with administrative or supervisory responsibilities on campus or who have been designated as campus security authorities by the University are considered responsible employees. Campus security authorities include: members of the University Safety Office; any individual(s) who have responsibility for campus (guard, escort, etc.); individuals/departments designated as reporting options in this policy; and employees with responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings. Campus security authorities also include members of the Board of Regents, the President, Vice Presidents, Deans, Directors, Associate Directors, Division Chairs, Student Affairs professionals (including Resident Advisors), and faculty who serve as advisors to student groups. Confidential resources are not considered to be responsible employees.

Responsible employees will safeguard an individual’s privacy, but are required by the University to immediately share all details about a report of sexual misconduct (including the known details of the incident (e.g., date, time, location), the names of the parties involved, a brief description of the incident and if the incident has been previously reported) with the EEO/ADA and Title IX Office, the Institutional Compliance Officer, or a member of the response team. Such reporting ensures timely support for all parties and enables an effective and consistent institutional response.

All Other Employees

All other employees (who are not designated as confidential resources) will safeguard an individual’s privacy, but are strongly encouraged to share any information about such conduct with the EEO/ADA and Title IX Office, or a member of the response team, in recognition of the understanding that centralized reporting is an important tool to address, end and prevent sexual misconduct.

All students (who are not otherwise required to report as Responsible Employees) are strongly encouraged to report any information, including reports or partial reports, to the EEO/ADA and Title IX Office, the Institutional Compliance Officer, or a member of the response team.

Confidential Resources

Confidential Resources will not share information about an individual (including whether that individual has received services) without the individual’s express written permission, unless there is a continuing threat of serious violence to the patient/client or to others or there is a legal obligation to reveal such information (e.g., suspected abuse or neglect of a minor).

How to File a Complaint of Sexual Misconduct

Complaints Against Students

Complaints of sexual misconduct against students may be filed with the Student Discipline and Appeals Committee (SDAC) and/or with the EEO/ADA and Title IX Office.

If the complaint against a student is filed with the SDAC Committee, the Student Handbook procedures apply, which can be accessed at http://www.uog.edu/sites/default/files/uog-student-handbook-sept2015.pdf. or the Enrollment Management and Student Success Center. Further, this Sexual Misconduct Policy, Disciplinary Procedures, Section XI, Subsection A applies.

If the complaint against a student is filed with the EEO/ADA and Title IX Office, the policy for Equal Employment Opportunity and Non-Discrimination/Non-Harassment, pgs. 3–6 apply. A copy of this policy can be obtained at the EEO/ADA and Title IX Office or accessed on-line at http://www.uog.edu/administration/office-of-the-president/eeoadatitle-ix-office. Further, this Sexual Misconduct Policy, Disciplinary Procedures, Section XI, Subsection A applies.

Complaints Against Faculty

Complaints of sexual misconduct against faculty may be processed in accordance with the Negotiated Agreement by and between the Board of Regents of the University of Guam and the UOG Faculty Union, American Federation of Teachers, Local 6282 (BOR–Union Agreement), and/or with the EEO/ADA and Title IX Office.

If the complaint against faculty is processed in accordance with the BOR–Union Agreement, Article X, Disciplinary Action Including Adverse Action procedures apply, which can be accessed on-line at http://www.uog.edu/administration/administration-finance/human-resources/information. Further, this Sexual Misconduct Policy, Disciplinary Procedures, Section XI, Subsection B applies.

If the complaint against faculty is filed with the EEO/ADA and Title IX Office, the policy for Equal Employment Opportunity and Non-Discrimination/Non-Harassment, pgs. 3–6 apply. A copy of this policy can be obtained at the EEO/ADA and Title IX Office or accessed on-line at http://www.uog.edu/administration/office-of-the-president/eeoadatitle-ix-office. Further, this Sexual Misconduct Policy, Disciplinary Procedures, Section XI, Subsection B applies.

Complaints Against Classified Employees

Complaints of sexual misconduct against a classified employee may proceed in accordance with the University Policy Manual for Classified Employees and/or with the EEO/ADA and Title IX Office.

If the complaint against a classified employee is filed in accordance with the PRandR, Chapter 11, Adverse Action Procedures apply. This policy can be accessed on-line at http://www.uog.edu/sites/default/files/interim%20personnel%20rules%20and%20regulations%20for%20classified%20service%20employees.pdf. Further, this Sexual Misconduct Policy, Disciplinary Procedures, Section XI, Subsection C applies.

If the complaint against a classified employee is filed with the EEO/ADA and Title IX Office, the policy for Equal Employment Opportunity and Non-Discrimination/Non-Harassment, pgs. 3–6 apply. A copy of this policy can be obtained at the EEO/ADA and Title IX Office or accessed on-line at http://www.uog.edu/administration/office-of-the-president/eeoadatitle-ix-office. Further, this Sexual Misconduct Policy, Disciplinary Procedures, Section XI, Subsection C applies.

Complaints Against Members of the University Community

Complaints of sexual misconduct against members of the University Community, including but not limited to faculty, students, student-employees, staff, administrators and applicants for such positions may be filed with the EEO/ADA and Title IX Office. The policy for Equal Employment Opportunity and Non-Discrimination/Non-Harassment, pgs. 3–6 applies. A copy of this policy can be obtained at the EEO/ADA and Title IX Office or accessed on-line at http://www.uog.edu/administration/office-of-the-president/eeoadatitle-ix-office. Further, this Sexual Misconduct Policy, Disciplinary Procedures, Section XI, Subsection D applies.

Complaints Against Visitors, Contractors, and Others

Complaints of sexual misconduct against visitors, contractors and others may be filed with the EEO/ADA and Title IX Office. The policy for Equal Employment Opportunity and Non-Discrimination/Non-Harassment, pgs. 3–6 applies. A copy of this policy can be obtained at the EEO/ADA and Title IX Office or accessed on-line at http://www.uog.edu/administration/office-of-the-president/eeoadatitle-ix-office. Further, this Sexual Misconduct Policy, Disciplinary Procedures, Section XI, Subsection E applies.

False Complaints

The University prohibits any member of the University community from knowingly making false complaints of sexual misconduct or knowingly misrepresenting the filing of such complaints. Knowingly making false complaints or knowingly misrepresenting the filing of complaints constitutes a violation of the University’s policies and will result in disciplinary action, with possible sanctions ranging from a letter of reprimand to dismissal. However, a complaint or representation made in good faith is not considered false merely because the evidence does not ultimately support the allegation of misconduct.

Appendix / Appendices

EEO Charge Form

Student Employment

This section is applicable to:

NON-CLASSIFIED EMPLOYEES

Statement of Policy

This policy establishes that the University of Guam has, maintained a work study program as established by the Federal Work-Study Student Program and the advantages of student employees. Work studies and student employees can acquire experience and capacities from their work. In help of that thought the school attempts to give openings for work through units that require different levels of obligation, experience, and mastery.

To set policy for the employment of student employees which also includes the Federal Work-Study Student Program. Refer to the University’s Financial Aid Manual and Human Resources Office and Equal Employment Opportunity Manual for supplemental information.

Student employment is a form of financial support while students pursue their education. Hiring student employees can benefit both the University and students. From a manager’s perspective, hiring a student comes with many advantages, including:

· A cost-effective workforce, which includes access to work-study funding

· A willingness of student employees to perform a wide variety of tasks, which can free full-time staff for other duties

· Flexibility: Student employees can vary the hours they work each week, handle seasonal workloads, and work non-routine hours

· The ability of student staff to understand the needs and viewpoints of other students, helping student customers feel more comfortable, and letting the full-time staff know about issues from the student point of view

· Bringing energy, enthusiasm, and the ability to offer new ideas and perspectives to the workplace

Students are a core part of our mission at the University. Campus employment offers exceptional advantages for them as well, such as:

· Income to support the costs of education

· Invaluable workplace skills, habits, and references

· The convenience of working without leaving campus

· Consideration for jobs that are 39 hours per week or less

Student workers are a valued employee group. They need:

Flexibility

Student employees are valuable to units because of their flexibility to do a variety of tasks and work a variety of hours. However, supervisors should be aware that student schedules may change each semester, and they may need time off during exam and break times. Talking with students about their work hours and job expectations is important to their success.

Training on basic job skills

Student employees may come to the job with excellent computer or technical skills, but they may not have experience in formal work settings. Supervisors should help shape positive workplace behaviors by spending time emphasizing basic workplace habits such as arriving on time, arranging for time off, and following unit and department work rules.

University supervisors overwhelmingly agree that student employees are a valuable part of the University workplace.

When will Students be Available to Work?

Some students may not be eligible to work before or after certain dates because of their registration status. See the chart titled Student Employment Begin and End Dates.

· If a student is not enrolled with the minimum number of credits in the previous term, but they do have credits now, the chart shows the first date they can work in the Employment Begin Date column.

· If a student is not enrolled with the minimum number of credits for the upcoming term, the charts shows the date employment must end in the Termination Date column.

· Students who worked on campus during spring semester and intend to register for fall semester do not need to register for summer.

Average Wage

Many student jobs on campus pay more than the $8.25 an hour minimum wage.

What to Pay Students?

The minimum hourly rate is $8.25 an hour, but many student jobs have pay rates above minimum wage. Pay grades and rates consider the nature of the job duties, educational requirements and in some instances, the hiring manager may consider the student’s experience, progress toward degree (if applicable), quality of the student’s performance, academic excellence, or other factors.

Work Schedules

Student work schedules are often determined at the start of each semester. We encourage hiring managers to be flexible in arranging work schedules each term. Once agreement is reached for the student’s hours of work, we encourage hiring managers to hold the student accountable for the agreed upon hours. If a student is working a longer shift, consider allowing the student to take a defined break and/or meal period.

Keep in mind that student employees may request time off during finals week and breaks between semesters. Most hiring managers agree that allowing students’ flexibility during these times increases the student’s engagement and commitment to the job. Many students also prefer to work more hours during these times. If your unit has a special project or could use more help, we encourage you to discuss these opportunities with your student employee.

Time Sheets

Students must complete their online time sheets each week of a given pay period. For work-study, you may need the timesheet provided by the Financial Aid Office. Timesheets are official documentation of one’s work hours and thus, should be truthful and accurate. Time sheets must be approved by the unit timekeeper and supervisor each pay period.

Supervising Students

Orienting and Training

Because many college students may not have experience in a professional work environment, and because school is their first priority, it is very important to provide detailed orientation and training, both in their job duties and in soft skills, such as expected work habits, behavior, and work relationships. Here are a few tips on setting clear expectations and making students feel welcome and part of the team.

Orientation

t’s important to provide a welcoming atmosphere to students—not just in their first few days but throughout their employment. Be sure to:

· Prepare their work area before they start with supplies, equipment, a place to store personal belongings, and copies of handbooks or manuals they will need.

· Introduce them to other staff members, especially other students.

· Familiarize them with the physical workplace.

· Provide an overview of the mission of the University, your unit, and their position.

· Treat them like a regular staff member and include them, whenever possible, in staff discussions, meetings, and decision making.

Soft-Skill Training

Spend some time letting students know what your office standards are for productivity, dress code, personal use of office equipment, attendance, and personal phone calls and texts during work. Let them know that, unlike their college work, they will be part of a team, will have to respond to supervision, and may be getting less feedback than they’re used to. Ask your regular staff to make sure the student feels included on the office team.

Job Skill Training

Carefully review the job description so students understand their key job duties. Then:

· Use your best employees to train new employees, including students who have done the job before and subject-matter experts.

· Develop a training checklist and schedule to make sure they have knowledge and skills to do the job.

· Let students know they’re expected to ask lots of questions about information that isn’t clear.

· Use the Tell, Show, Do, Review approach to training procedures or tasks:

· Tell them what they will be doing and why.

· Show them how to do it.

· Have them do the work under supervision.

· Have them review the task with their supervisor to show they can do it.

· Check and monitor training progress frequently and give feedback.

Ending an appointment

We encourage hiring managers to hold student employees accountable for the work they perform just as they would with other employees. Hiring managers should communicate expectations and provide students with feedback on their performance. Given a student’s need to have flexibility and focus on their education, some work arrangements may not always work. Hiring managers can end a student appointment at any time. Typical reasons for ending an appointment include:

· Just cause

· The student is no longer eligible to hold a student employee position (i.e., dropped below credit requirements).

· The student is consistently late or does not show up for the agreed-upon schedule.

· The position is eliminated as a result of shortage of work or funds, or for other reasons beyond the student’s control.

Protection from Retaliation

Supervisors may not take disciplinary action against a student employee who, in good faith, reports a violation of any federal or state law or regulation to a governmental body or law enforcement official. Disciplinary action may not be taken against a student employee who is requested by a public agency to participate in an investigation, hearing, or inquiry, as well as a student employee who refuses to participate in any activity that the employee, in good faith, believes violates any federal or state law.

Health and Safety

The University is committed to providing a safe and healthful working environment for employees. Employees are responsible for using any provided safety equipment and procedures in their daily work and must cooperate in all safety and accident prevention programs. Units will abide by all relevant required local, state, and federal safety and health standards.

Short Term/Student Positions

Statement of Policy

This section establishes the fundamental character of the system of HR administration governed by these rules and regulations, consistent with local and federal employment law, HR principles, and the principles of equal employment opportunity.

Coverage

A. This Human Resources Rules and Regulations for Short Term and Student Positions details processes applicable to employees who occupy a position that is grant or externally funded and employed by the University of Guam, hereinafter referred to as “UOG.” These positions are separate and apart from classified positions of the government of Guam and Academic Positions of the University of Guam. The positions are characterized by most of the following: part-time, seasonal, less than one year in term, funded by other than locally appropriated funds, and filled by students of the University. Samples of positions to be filled are: coaches , assistant coaches, summer camp counselors, student hires at the bookstore, student hires at the library, student hires within the field of their major, monitors for fieldhouse events, ticket sellers for fieldhouse events, concession workers for fieldhouse events, and timekeepers, scorekeepers, referees, etc. These positions are unique to University operations and are generally characterized by low skill levels required for the job.

Guiding Human Resources Principles

The following HR system principles shall guide HR administration:

A. Employees are recruited, selected, and promoted on the basis of knowledge, skills, and abilities and experience;

B. Employees are compensated through a uniform and thus, equitable compensation policy and system (the UGPP pay scale);

C. Employees are trained and retrained for performance improvement;

D. Grievances and conflicts are resolved in a fair, expedient, and responsive manner. (these should be explicitly and clearly stipulated and communicated)

Funding Source

The source of funding for Externally Funded positions will be auxiliary funds or funds generated from fees.

Student Employment -- THIS SECTION MAY BE OUT OF PLACE or need to be combined with above

Statement of Policy

It is the policy of UOG to provide opportunities for students to gain skills and abilities while helping to carry out programs of the University using streamlined hiring processes. These pay administration rules are subject to the UOG leadership policies and procedures.

Types of Short Term/Student Positions

Short Term/Student Positions fall within two categories: Hourly Hires and Fee or Stipend Hires

A. Hourly Hires – these positions are for cashiers, ticket takers, concession workers, bookstore workers, library workers, etc. This may also include students who are working within their field at the University, i.e., a computer science major working at the computer center or a pre-engineering major working at Facilities. This may also include a research assistant on a grant.

B. Fee or Stipend Positions – these positions are coaching and assisting coach positions, camp counselors, scorekeepers, timekeepers, referees, etc. The coach will be paid a set fee for the season and paid on a monthly basis.

Compensation at Initial Appointments

Initial appointments for most hourly hire positions will be in accordance with a compensation table for this classification of positions maintained by the Human Resources Office. Most initial appointments should be at Step 1 for the position. Exceptions will be when the student has experience in the area or if the student is performing duties within the area of his or her degree. In instances where the student has experience, the unit Director may increase the wage by one or more steps within the assigned pay grade. In no instance will be person be provided more than five increments. In instances where the student is operating within the area of his degree, the compensation shall be set by the Human Resources Office. All positions will be evaluated for an assigned pay grade by the Human Resource Office; this ensures pay equity and consistency throughout the student hire system.

· Initial appointments for Fee positions will be in accordance with Appendix A. This Appendix will be updated periodically by the Athletic Director with the concurrence of the Vice President Administration and Finance.

· Initial appointments for Stipend Positions (coaches and assistant coaches) will be negotiated by the Athletic Director with the concurrence of his supervisor.

Pay Actions

In general, there will be no pay actions for Short Term/Student positions. If an Hourly Hire person reapplies for a position held in a prior Academic Year, the Unit Director may take that experience into consideration when setting the pay rate for the new Academic Year. Hourly pay rates will be guided by a compensation table for this classification maintained by the Human Resources Office.

Fee schedules will be periodically updated by the Athletic Director with concurrence from the Vice President Administration and Finance. Coaching stipends may be negotiated by the Athletic Director but cannot be increased more than 10% over the initial stipend level.

Benefits

There are no benefits associated with the Short Term/Student positions other than legally required benefits.

Initial Appointments

The Unit Director desiring to hire a Short Term/Student position will post a notice in a high traffic area in their operating space indicating an intent to hire the desired positions. The notices must follow a format pre-approved by the Human Resources Office. The Unit Director will have applications available for interested parties to complete utilizing the Short Term/Student hire template. The notice must be posted at least two weeks prior to date of intent to hire. For Hourly Hire positions the Unit Director will establish a team of three UOG employees to review the applications and determine the order of the students. Not less than three of the top applicants will be called in for an interview. The Unit Director will determine the most qualified and will prepare a selection memo to the Human Resource Office notifying of the person(s) selected for the position(s).

· For Fee and Stipend positions the Athletic Director will post announcements in an area of high traffic in the Fieldhouse. The announcements will be posted for a minimum of two (2) weeks.

· For all positions, the notice of intent to hire will be provided to the Human Resources Office for review and concurrence prior to posting on the job announcement on the UOG web site or unit bulletin boards.

· When a selection is made, the Human Resources Office will coordinate applicable clearances, sexual misconduct training, drug testing and other appropriate processes required for employment at the University.

Term of Hire

Hourly hire positions will begin no earlier than August of an Academic Year and will terminate no later than May of the Academic Year.

· Summer positions will be hired for the term of the specific program.

· Fee or Stipend positions will be hired by the game or by the season.

At the completion of the Academic Year or season the employment will terminate. A new hiring process will need to be started for the next Academic Year or season. For coaching positions, contracts may be signed on a season by season basis with a provision that a contract can be extended one year at a time not to exceed five seasons of service. After five (5) consecutive seasons of service, the Athletic Director must solicit interest in the community of potential coaches for the next season.

Applicability

It is anticipated that the vast majority of the Hourly Hire positions will be filled by students of the University. Notwithstanding this and the use of the word “student” throughout these rules, the University recognizes that some of these positions, especially in the summer, may need to be filled by non-students from time to time.

Tobacco-Free Campus Policy

Pursuant to Board of Regents Resolution No. 13-24, the University of Guam (UOG) has a total ban on the sales, smoking and the distribution and use of tobacco and tobacco-based products on the UOG Campus, and properties.

The purpose of this policy is to protect the public health and welfare by prohibiting smoking and the use of tobacco products or simulated smoking devices, including but not limited to E-cigarettes, on the UOG campus and properties; to guarantee the right of nonsmokers to breathe smoke-free air, while recognizing that the need to breathe smoke-free air shall have priority over the desire to smoke; and to encourage a healthier, more productive living/learning environment for all members of our University community.

Definitions

A. "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, including a hookah pipe, or any other lighted or heated tobacco or plant product, including but not limited to marijuana, intended for inhalation, in any manner or in any form. "Smoking" also includes the use of an e-cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Policy.

B. "Tobacco Product" means any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, blunts, clove cigarettes, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body by inhalation or digestion; but does not include any cessation product specifically approved by the U.S. Food and Drug Administration for use in treating nicotine or tobacco dependence.

C. "E-cigarette" means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.

This Tobacco-Free Policy applies to all UOG facilities and vehicles, owned or leased, regardless of location. Smoking and the use of tobacco products or e-cigarettes shall not be permitted in any enclosed place, including privately owned vehicles, residential areas/dormitories, and businesses within University of Guam campus and properties. Smoking and the use of tobacco products or e-cigarettes shall also be prohibited outdoors on all UOG properties, including the campus and parking lots. This policy applies to all students, UOG employees, and other persons on campus and on UOG properties, regardless of the purpose for their visit.

Copies of this policy shall be distributed to all University employees and shall be included with information given to all admitted students. Announcements shall also be printed in campus newspapers to ensure that everyone understands the policy. All contracts with activities or services on campus or University properties shall also reflect this policy in writing with intent to actively announce and enforce compliance. Signs prohibiting smoking and the use of tobacco products shall be posted at points of entry to the University of Guam campus and at all University of Guam building entrances. No ashtrays shall be provided at any location on University properties. No tobacco products or paraphernalia shall be sold or distributed as samples on university grounds, either in vending machines or any area on campus or on University properties.

The success of this policy will depend on the thoughtfulness, consideration, and cooperation of smokers and nonsmokers. All students and University employees share in the responsibility for adhering to this policy. Violations of this policy will be addressed in accordance with UOG disciplinary procedures and other enforcement action as permitted by UOG policy.

Tobacco cessation programs and other resources to assist and encourage individuals who wish to quit using tobacco products will be made available by UOG. Questions regarding this policy and its enforcement should be handled through existing departmental administrative channels and administrative procedures.

Tobacco-related advertising or sponsorship shall not be permitted on UOG properties at UOG sponsored events, or in publications produced by the University of Guam, with the exception of advertising in a newspaper or magazine that is not produced by the UOG and which is lawfully sold, bought, or distributed on UOG properties. For the purposes of this policy "tobacco related" applies to the use of a tobacco brand or corporate name, trademark, logo, symbol, or motto, selling message, recognizable pattern or colors, or any other indicia of product identical to or similar to, or identifiable with, those used for any brand of tobacco products or company which manufactures tobacco products.

Individuals and/or businesses convicted of violating Guam law regarding prohibitions of smoking are subject to significant fines and penalties, in accordance with 10 GCA Ch. 90 “Natasha Protection Act of 2005” or other related mandates.

[BOR Resolution No. 13-24]

[Title 10 GCA, Chapter 90]

Unfair Labor Practice Appeal Procedures for Academic Employees (Interim)

These procedures set forth a simple, orderly method through which an unfair labor practice finding may be appealed.

Definitions

1. Appeal means a request by a Complainant for reconsideration of an unfair labor practice charge (ULPC) finding by the Board of Regents (BOR).

2. Complainant means an individual or entity who files an Unfair Labor Practice Compliant (ULPC).

3. Respondent means an individual or entity against whom a ULPC is filed.

4. “Day” shall mean calendar day.

5. Adjudication Committee means the constituted ad hoc body to hear and adjudicate the appeal of a ULPC finding. The Adjudication Committee (“Committee”) shall consist of three (3) members, all of whom shall be selected from among all Administrators and tenured Faculty of the University. One (1) member shall be selected by the Complainant and one (1) member shall selected by the Respondent. Those two (2) members will select the third member who shall be the Chair. Members cannot be selected if they have a family relationship, as defined in the RR&PM, to either the Complainant or the Respondent. Neither the Complainant nor the Respondent shall serve as a member of the Committee.

The Appeal

1. Right to Appeal or Terminate Appeal

a. Any University employee who files an Unfair Labor Practice Compliant (ULPC) is entitled to appeal a UPLC finding.

b. The appeal of a ULPC finding may be terminated at any time by the Complainant before the Committee’s final decision and the request for termination shall be honored.

2. Process of Appeal

a. An appeal shall be in writing stating the Complainant’s desire for adjudication and it shall be filed with the President within seven (7) days of the date of the ULPC Findings.

b. Within seven (7) days of the President’s receipt of the written appeal, the Complainant will select one (1) member of the Committee and the Respondent will select one (1) member of the Committee.

c. Within seven (7) days of their selection/appointment, the two (2) members will select the third member.

d. Within seven (7) days of the selection of the third member, the Committee shall determine a time and place for the hearing and shall notify, in writing, both parties. The hearing must take place no earlier than fourteen (14) days after the Committee notifies both parties, unless otherwise agreed to in writing.

e. The Committee shall conduct the hearing and issue a written decision to both parties within thirty (30) days of the date of the hearing. In the event the thirtieth day falls on a holiday or a weekend, the next working day shall be considered the thirtieth day.

3. Basis of Appeal and Rebuttal

a. Within twenty-one (21) days of filing the appeal, the Complainant shall submit to the Committee a written statement that sets forth clearly the basis of the appeal, stating all relevant facts pertaining to the issues raised in the appeal and specifying the statutes, rules and regulations, if any, upon which the Complainant relies.

The Committee shall not consider any new alleged violations or charges other than those presented in the ULPC.

Absent extraordinary circumstances, if the written statement is not submitted on or before the expiration of the twenty-one (21) day period, the Complainant shall forfeit appeal rights, and the ULPC findings shall be implemented.

b. The Committee shall immediately provide the Respondent with a copy of the Complainant’s written statement.

c. The Respondent shall within fourteen (14) days after receipt of the Complainant’s written statement, forward to the Adjudication Committee the Respondent’s statement of defense. The Respondent’s statement of defense shall contain objections to any or all issues raised by the appeal, objections to the form of the appeal, the Respondent’s view of the facts, a rebuttal to any matter raised in the appeal, a description of testimonial and/or documentary evidence upon which the Respondent will rely in its defense of the appeal.

A statement of defense shall be deemed a specific denial of all aspects of the appeal not expressly admitted. All objections as to the form of the appeal shall be deemed waived, unless objected to as provided herein.

Absent extraordinary circumstances, if a statement of defense is not submitted on or before the expiration of the fourteen (14) day period, the Respondent shall forfeit defense rights, and the ULPC findings shall be revoked.

d. The Committee shall immediately provide the Complainant with a copy of the Respondent’s statement of defense.

4. Presentation of Appeal

In presenting an appeal, a Complainant shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal and shall have the right to be accompanied, represented, and advised by a representative of his or her own choosing.

If the Complainant designates a representative, the representative shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal.

A. Hearing Procedures before the Adjudication Committee

1. The Adjudication Committee shall keep minutes of its procedures and maintain records of the hearing. The record of hearing shall contain a summary of all testimony presented and copies of all documents submitted to the Committee.

2. Each party shall have the following rights: the right to counsel; to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though the matter may not have been covered in the direct examination; to impeach any witness and to rebut the evidence against him or her. It shall be the right of the Complainant to decide if the hearing shall be open or closed to the public.

3. The Complainant shall first present his or her case by calling witnesses and offering evidence. The Respondent shall then present its defense and any rebuttal to the Complainant’s case. The Complainant may then rebut the Respondent’s defense. Summation by each side then follows in the same order.

The burden of proof is on the Complainant

The hearing need not be conducted according to technical rules of evidence. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule of evidence. Irrelevant and unduly repetitious evidence shall be excluded.

4. The decision of the Adjudication Committee shall be final and binding upon the parties. There shall be no further appeal at the University level from the Committee’s decision by either party, if such decision is within the scope of the Committee’s authority as described below:

a. The final written decision of the Committee shall be limited to addressing the violation(s) listed in the ULPC, and, with a supporting rationale, (a) granting the full relief requested, or (b) granting partial relief, or (c) denying the relief requested, or (d) granting an alternative relief that addresses the violation(s).

b. The Committee’s decision must be consistent with University policy, local and federal law. It shall not have the power to add to, subtract from, disregard, alter, or modify any University policy, local and federal law.

5. Within ten (10) business days of receipt of the Committee’s decision, if either party produces evidence that the Committee did not adhere to (2) or (3) above, or new evidence is now available that could have a substantial impact on the ULPC, then either party may request, in writing, a reconsideration by the Committee. The Committee shall issue a decision within ten (10) business days of receiving the request for reconsideration. There shall be no further appeal at the University level.

The President shall ensure that all the terms of the decision are implemented, and the Faculty Union shall monitor implementation of the decision.

Nothing in this Policy abrogates either parties’ right to pursue outside third party arbitration or judicial remedies for resolving the complaint after the Appeal Procedure is completed.

Working Conditions

Break Periods

A full-time employee may be allowed a fifteen (15) minute break period in the first half and second half of the workday provided further that:

A. No single work break shall exceed fifteen (15) minutes absence from the employee's workstation.

B. An employee may not accumulate unused work breaks.

C. Work break time shall not be authorized for covering an employee's late arrival on duty or early departure from duty.

(Classified Employees Section, Chapter 7, Rule 7.000)

Meal Periods

The meal periods shall apply as follows pursuant to Title 22 GCA, Division 1, Chapter3, Article 1, Section 3107(c):

A. Full-time employees shall be allowed a minimum of thirty (30) minutes and up to a one-hour meal period during each workday of more than five hours.

B. When a workday of not more than six (6) hours will complete the day's work, the meal period may be waived by mutual consent of the employee and the University.

C. Meal period shall not be considered “on duty” or counted as time worked, unless the nature of work prevents an employee from being relieved of duty.

Workweek Schedule

A. The schedule of workweek for shift workers will be prepared and prominently posted two (2) weeks where possible up to one (1) week in advance, so that the employees affected will be informed. Such schedules shall not be less than two (2) weeks and shall not be changed, except for good cause and provided affected employees are given at least twenty-four (24) hours prior notice. Whenever possible, work schedules should permit an employee to enjoy a holiday on the day it is observed.

B. The President may delegate the Unit Heads and Division Managers to permit flexible work schedules as may be appropriate.

Safe Hours of Work

A. To ensure that the employee's work is performed in a safe manner, the following maximum hours of work will be observed:

1. An employee shall not be allowed to work more than sixteen (16) hours consecutively, or in one 24-hour day.

2. An employee shall not be authorized to work more than eighty-four (84) hours total within a single seven-day period.

3. An employee shall not be required to work more than twenty-eight (28) hours within a time span of two days.

B. Exceptions to the above may be made only:

1. If the employee volunteers his/her services and has the approval of the President; or

2. In cases where excessive hours of work are necessary because of weather conditions, necessary seasonal activities or emergencies.

Should such an occasion for Item 1 arise, written documentation must be submitted to the President within forty-eight (48) hours of such occurrence.

Minimum Wage

Employees shall be paid not less than the established minimum wage for Guam. (Title 22 GCA, Division 1, Chapter 3, Article 1, Section 3105)

Hours Worked

As a general rule, hours worked will include:

A. All time during which an employee is required to be on the University's premises or at a prescribed workplace.

B. All time during which an employee is permitted to work, whether or not required to do so. The determination of an employee's working hours will include, in the ordinary case, all hours from the beginning of the workday to the end of the workday, with the exception of periods when the employee is relieved of all duties for the purpose of eating meals.

Classified Employees Section, Chapter 7, Rule 7.200).

Overtime

A. Upon the occurrence of overtime work, covered classified employees shall be entitled to receive overtime compensation calculated at the rate of 1 and ½ times the regular rate of pay for each hour or portion of the hour of overtime worked.

B. In determining the number of hours worked by an employee within a given workweek or work period, time spent off on annual, administrative, sick, compensatory time-off, other leave (with or without pay), or holidays will not be counted as time worked. Such time off with pay shall be included in the straight time pay, but it is not included in computing whether a covered employee has worked in excess of forty (40) straight time hours in a workweek.

C. Any fraction of an hour of overtime worked shall be converted to the nearest fifteen (15) minutes.

D. Exempt employees, which are not affected by the overtime rule include those classes of positions that are in the executive, administrative, an employee with a primary duty of teaching, tutoring, instructing or lecturing in the activity of imparting knowledge and who is employed in this activity as a teacher in an educational establishment and professional categories, in accordance with the Fair Labor Standards Act.

E. Non-exempt employees, those classes of positions that are supervisory (not in any category under rule D. stated above), staff level (full time).

Night Differential Pay

Work performed between the hours of 6:00 p.m. to 6:00 a.m. shall be compensated as follows:

Any employee (with the exception of Exempt Employees) who works between the hours of 6:00 p.m. to 6:00 a .m. shall be entitled to night differential pay, calculated at the rate or their regular wage plus 10% for all periods worked between the· hours of 6:00 p.m. and 6:00 a.m., except as otherwise provided by statute.

Workweek and Holidays

Observed Government of Guam holidays

· New Year’s Day;

· Martin Luther King, Jr. Day, the third Monday in January;

· Guam History and Chamorro Heritage Day, the first Monday in March;

· Memorial Day, the last Monday in May;

· Independence Day, July 4th;

· Liberation Day, July 21st;

· Labor Day, the first Monday in September;

· All Souls’ Day, November 2;

· Veterans’ Day, November 11;

· Thanksgiving, the fourth Thursday in November;

· Our Lady of Camarin Day, December 8; and

· Christmas, December 25th.

Whenever a holiday falls on a Saturday or Sunday, the government of Guam shall follow the Federal government’s practice for that holiday.

In addition to the holidays specified, I Maga’lahen/Maga’hagan Guåhan may declare by Executive Order additional non-permanent holidays for special purposes. No holiday declared by Executive Order shall be continued beyond the year in which the Executive Order is issued. [Title 1 GCA, Chapter 10, Section 1000]

Workweek

This section is applicable to:

CLASSIFIED EMPLOYEES

A. The Universities workweek shall be Monday through Friday with the exception of observed Government of Guam holidays.

B. The basic workweek is forty (40) hours. Alternatively, a workweek is a regular recurring period of 168 consecutive hours seven consecutive 24-hour periods. The workweek need not coincide with the calendar week. It may begin any day of the week and any hour of the day, but it must in each case, be established in advance. The workweek may be changed, but only if the change is intended to be permanent and is not made to evade overtime requirements or policies.

C. An employee's workweek may be in accordance with office hours, with designated shifts, or with such flexible or variable hours program as are implemented by the University provided that the University shall not operate less than a forty (40) hour workweek, except as provided by law.

(Classified Employees Section, Chapter 7, Rule 7.000)

Various Other Policies

Acceptance of Gifts

This section is applicable to:

ALL EMPLOYEES

Gifts in excess of $200.00

A. No employee shall solicit, accept, or receive, directly or indirectly, any gift valued singly or in the aggregate from a single source in excess of $200, whether in the form of money, prize, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form, when a reasonable person would infer that the gift is intended to influence the employee in the performance of that individual’s official duties or is intended as a reward for any official action on that individual’s part. [Title 4 Guam Code Annotated, Chapter 15, Section 15201]

B. Reporting of Gifts.

1. Every employee shall file a gifts disclosure statement with the Guam Ethics Commission on June 30 of each year if all the following conditions are met:

a. The employee, or spouse or dependent child of an employee, received directly or indirectly from any source any gift or gifts valued singly or in the aggregate from a single source in excess of $200, whether the gift is in the form of money, services, goods, or in any other form;

b. The source of the gift or gifts have interests that may be affected by the official action or lack of action by the employee; and

c. The gift is not exempted by subsection (d) from reporting requirements under this section.

2. The report shall cover the period from January 1 of the preceding calendar year through December 31 of the year of the report.

3. The gifts disclosure statement shall contain the following information:

a. A description of the gift;

b. A good faith estimate of the value of the gift;

c. The date the gift was received; and

d. The name of the person, business entity, or organization from whom, or on behalf of whom, the gift was received.

4. Excluded from the reporting requirements of this section are the following:

a. Gifts received by will or intestate succession;

b. Gifts received by way of distribution of any inter vivos or testamentary trust established by a spouse or ancestor;

c. Gifts from a spouse, fiancé, fiancée, any relative within three degrees of consanguinity or the spouse, fiancé, or fiancée of such a relative. A gift from any such person is a reportable gift if the person is acting as an agent or intermediary for any person not covered by this paragraph;

d. Political campaign contributions that comply with territorial law. This section shall not exempt the recipient of campaign contributions from the reporting requirements of the Election Code.

e. Anything available to or distributed to the public generally without regard to the official status of the recipient;

f. Gifts that within thirty days after receipt, are returned to the giver or delivered to a public body or to a bona fide educational or charitable organization without the donation being claimed as a charitable contribution for tax purposes; and

g. Exchange of approximately equal value on holidays, birthday, or special occasions.

5. Failure of an employee to file a gifts disclosure statement as required by this section shall be a violation of this chapter. [Title 4 Guam Code Annotated, Chapter 15, Section 15202]

Political Activity

1. University employees are prohibited from soliciting and accepting personal gifts and/or donations or contributions for any political purposes while on University premises or at University functions.

a. Should a University employee receive personal gifts and/or donations for any political purposes while on University premises or University functions, the employee is responsible for reporting accepted gifts by filing a gifts disclosure statement with the Guam Ethics Commission.

Adverse Action

1. Acceptance of gifts or property given with the intent to bribe an employee or otherwise adversely affect the proper, unbiased performance of his official duties or to exploit an employee’s positions are prohibited. The acceptance of such gifts may subject the employee to adverse disciplinary action and/or possible criminal actions. [Board Resolution 81-11]

a. Adverse disciplinary action shall include the following: first offense, informal verbal warning from the direct supervisor and/or unit head; repeated offense(s), formal verbal written warning and counselling from the direct supervisor and/or unit head.

Adverse Action Procedures This section is applicable to: CLASSIFIED EMPLOYEES

Guidelines for Disciplinary Offenses and Penalties

Adverse Action Procedures

This section is applicable to:

CLASSIFIED EMPLOYEES