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Faculty Handbook: Section 2-2

Professional Employees (Non-Teaching Professionals)

Responsibilities of Employees

Safety

A professional employee is responsible for the safety of students and employees under his/her supervision.  Besides insuring that appropriate safeguards are in effect, professional employees are responsible for insuring that proper medical attention is given when an injury occurs and for completing, where applicable, the required accident report forms.

Personal Liability of University Employees

Section #17 - Indemnification of Officers and Employees of the State

Reference: New York Public Officers Law

Article 7A (1977) of the State Finance Law allows any citizen, whether or not specially aggrieved, to bring an action against an officer or employee of the State who in the course of his/her duties has caused, is now causing, or is about to cause, a wrongful expenditure, misappropriation or any other illegal or unconstitutional disbursement of State funds or property. The statute permits the courts to require the offending employee to make restitution to the State for the value of the funds or other property unlawfully expended.

Evaluation & Promotion

Article 7A (1977) of the State Finance Law allows any citizen, whether or not specially aggrieved, to bring an action against an officer or employee of the State who in the course of his/her duties has caused, is now causing, or is about to cause, a wrongful expendi­ture, misappropriation or any other illegal or unconstitutional disbursement of State funds or property.  The statute permits the courts to require the offending employee to make restitution to the State for the value of the funds or other property unlawfully expended.

Evaluation and promotion of professional employees shall be made in accordance with Article XII, Title C of the Policies of the Board of Trustees of the State University of New York, and Article 30.2 in the current Agreement between the State of New York and United University Professions, Inc.  Article XII, Title C of the Policies states:

  1. Policy
    It is the policy of the University to evaluate on a regular basis the performance of all professional employees and to give such employees consideration for promotion. The Chancellor or designee shall provide for the administration of systems for evaluation and promotion of such employees.
  2. Definitions
    1. “Promotion” shall mean an increase in a professional employee's basic annual salary with a change in title and movement to a higher salary rank, resulting from a permanent significant increase or change in his or her duties and responsibilities as a consequence of movement from one position to another of greater scope and complexity of function at the same or different college.
    2. “Immediate Supervisor” shall mean the person designated by the chief administrative officer for the purpose of evaluating professional employees.
  3. Promotion
    1. Professional employees may apply, and upon such application shall receive consideration, for promotion to vacant professional employee positions in the Professional Services Negotiating Unit which are to be filled, or for promotion in their present posi­tions, provided, however, that nothing contained herein shall affect or operate to invalidate any promotion or appointment nor shall anything contained herein be construed to require promotions or appointments to vacant positions in the Professional Services Negotiating Unit to be made from among professional employees presently employed by the University.

      To request a promotion either you or your supervisor must obtain a Personnel Action Request Form from the Office of Human Resources. For a promotion, the section entitled “Request to Reclassify Professional Position” must be completed in full. You should then forward to the Vice President for Administration in Human Resources the completed form, signed by the appropriate Department Chair or Dean, and attach a copy of your past and current performance programs and your current and requested MAC titles. Should your Department Chair or Dean choose not to forward the paperwork for the promotion to Human Resources, you may submit it without his or her signature.  If your request to reclassify the professional position is denied, you have the right to contact the UUP grievance committee (see current UUP contract).
    2. Prior to making promotions or recommendations to the Chancellor for promotion of professional employees, the chief administrative officer shall review the supervisory evaluation and recommenda­tions relating to such employees, together with the recommenda­tions, if any, of the appropriate professional staff committees established for such purpose.
  4. Evaluation
    1. Each professional employee in the Professional Services Negotia­ting Unit shall have his/her performance evaluated by his/her immediate supervisor formally, in writing, once each year during the term of appointment and as changing conditions warrant, except where the employee is serving his/her final year in the University following notice of non‑renewal. Such evaluation shall be based on a per­form­ance program determined by the immediate supervisor after consultation with the employee, a copy of which shall be given to the employee.
    2. Performance shall be characterized, in summary, as either satisfactory or unsatisfactory.  A professional employee whose performance is characterized as unsatisfactory in a written report resulting from a formal evaluation may seek review of such report by the appropriate professional staff committee established for such purpose.
  5. Criteria
    As they relate to the duties, responsibilities and objec­tives of the position in which a professional employee is being evaluated or for which such employee is being considered for promo­tion, the following criteria may include but not be limited to:
    1. Effectiveness in performance: as demonstrated, for example, by success in carrying out assigned duties and responsibilities, efficiency, productivity, and relationship with colleagues
    2. Mastery of Specialization: as demonstrated, for example, by degrees, licenses, honors, awards, and reputation in professional field.
    3. Professional Ability: as demonstrated, for example, by invention or innovation in professional, scientific, administrative, or technical areas; i.e., development or refinement of programs, methods, procedures, or apparatus.
    4. Effectiveness in University Service: as demonstrated, for example, by such things as College and University public service, committee work, and involvement in College or University related student or community activities.
    5. Continuing Growth: as demonstrated, for example, by continuing education, participation in professional organizations, enrollment in training programs, research, improved job performance and increased duties and responsibilities.
  6. Action by Chief Administrative Officer

    Not withstanding anything contained herein the chief administrative officer of a college may promote or recommend for promotion directly to the Chancellor, or designee, any professional employee in the Professional Services Negotiating Unit at the chief administrative officer’s college.

Article 30.2 of the Agreement (1995-99) states:

Service Credit - Article XI, Title C, #4 Section (c) Policies of the Board of Trustees

 

Leave of Absence

Sabbatical Leave

  1. Policy
    Sabbatical leaves for professional development may be made available to members of the professional staff who meet the require­ments set forth below. The objective of such leave is to increase an employee's value to the University and thereby improve and enrich its program. Such leave shall not be regarded as a reward for service nor as a vacation or rest period occurring automatically at stated intervals.
  2. Purpose
    Sabbatical leaves shall be granted for planned travel, study, formal education, research, writing or other experiences of professional value.
  3. Eligibility
    Academic employees having continuing appointments and College administrative officers not in a negotiating unit established pursuant to Article XIV of the Civil Service Law who have completed at least six consecutive years of service within the University or who, if they previously have had a sabbatical leave, have completed at least six consecutive years of service within the University from the date of return of their last sabbatical leave, shall be eligible for sabbati­cal leave. In computing consecutive years of service for the purpose of this section, periods of vacation leave and periods of sick leave with salary shall be included; periods of leaves of absences, other than vacation and sick leave with salary, and periods of part‑time service shall not be included, but shall not be deemed an interruption of otherwise consecutive service.
  4. Terms and Conditions
    Sabbatical leaves may be granted for periods of one year at rates not to exceed one‑half basic annual salary or for periods of one‑half year at rates not to exceed full basic annual salary. Eligible employees on sabbatical leave may, with the prior approval of the Chief Administrative Officer, accept fellowships, grants‑in‑aid, or earned income to assist in accomplishing the pur­poses of their leaves. In such cases, the Chief Administrative Officer may adjust the sabbatical leave salaries to reflect such income, either prior to or during the periods of such leaves, pro­vided, however, that in no case shall sabbatical leave salary be reduced if total earnings are less than full salary.
  5. Applications
    Applications for sabbatical leaves shall be submitted to the Chief Administrative Officer as far in advance as possible of the requested effective date of the leave, but in no event later than six months in advance of such date unless such requirement is expres­sly waived by the Chief Administrative Officer. Each application shall include a statement outlining the program to be followed while on sabbatical leave, indicating any prospective income, stating that the applicant will continue as a member of the professional staff for a minimum of one year upon return and stating that upon return, the applicant will submit to the Chief Administrative Officer a detailed report of professional activities and accomplishments while on sabbatical leave.
  6. Approval
    Consistent with provisions of Section 4 of this title, the Chief Administrative Officer may approve each sabbatical leave as he or she deems appropriate and such leave shall be reported to the Chancellor.
  7. Leave Credits
    Vacation leave and sick leave credits shall not be accrued or used during sabbatical leave.
  8. Procedures for Applying for Sabbatical Leave:
    1. By the first Monday in October, the President or his/her designee notifies the faculty of the application procedures and deadlines for sabbaticals.
    2. Applications must be reviewed by the Department Chair/Immediate Supervisor and Dean, if applicable, before being submitted to the appropriate vice President by the second Monday in November.
    3. The vice President of Administration and Vice president for Student Affairs in conjunction with Department heads of those professional employees submitting applications, will review and forward recommendations to the President by the end of the fall semester. 
    4. The President will notify applicants of the action taken by the second Monday in February.

 

Sabbatical Leave Application (pg.118)

Title F. Other Leaves

Leaves of Absence for Professional Employees and Other Professional Staff 

The chief administrative officer may recommend to the Chancellor other leaves of absence for employees at full or reduced salary, or may grant employees leaves of absence without salary, for the purpose of professional development, acceptance of assignments of limited duration with other universities and colleges, governmental agencies, foreign nations, private foundations, corporations and simi­lar agencies, as a faculty member, expert, consultant or in a similar capacity, or for other appropriate purposes consistent with the needs and interests of the University. Leave of absence without salary may also be granted under appropriate circumstances, for the purpose of child care. Leaves of absence at full or reduced salary pursuant to provisions of this section shall be subject to the approval of the Chancellor, and such leaves granted shall be reported to the Board of Trustees.

Application

Applications for such leaves of absence shall be made to the chief administrative officer. Each such application shall include a statement of the purpose for which the leave is requested, its anticipated duration and its values to the applicant and the University.

Leave Credits

Vacation leave and sick leave credits shall not be accrued or used during a period of leave pursuant to provisions of this section.

 

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