KBOR - Academic Policies

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KBOR > Academic Affairs > Academic Policies > Chapter 2

F. Faculty and Staff

1. ADMINISTRATIVE ORGANIZATION

The Board must approve the organization of each institution. Major reorganization of an institution's administrative structure as well as the creation of academic divisions, departments, or colleges, must have the approval of the Board.

2. APPOINTMENTS

a. Chief Executive Officer

(1) Subject to the policies, rules and regulations of the Board of Regents, the chief executive officer of each Regents institution shall administer the affairs of the institution. The Board of Regents will hold the chief executive officer responsible and accountable for all operations of the institution and expects that each chief executive officer shall devote his or her undivided attention and energies to management of the institution.

(2) The chief executive officer serves at the pleasure of the Board. The selection of the chief executive officer of the institutions under the jurisdiction of the Board shall be made by the Board. The chief executive officer of each institution shall be required to live in the official residence if provided.

(3) The Board shall determine and approve the compensation to be received from any source by each chief executive officer for duties and responsibilities performed as chief executive officer, or reasonably related thereto.

(4) No chief executive officer shall accept an appointment to the Board of Directors of any corporation or organization, which pays for such services, without the advance approval of the Chairman of the Board of Regents. The chief executive officer will provide such information about the appointment as requested by or on behalf of the Board.

(5) No later than April 30 of each year, each chief executive officer shall submit a written report to the executive director of the Board providing information on all income, related to or received in conjunction with an absence from the campus, received by the chief executive officer for the immediately preceding calendar year. Such report shall include date, location and description of services rendered and the amount of remuneration received. The report shall also include all funds provided by an affiliated corporation to the chief executive officer for use at his or her discretion. The report shall be maintained in the personnel file of the chief executive officer.

(6) The Board may pay the actual and necessary travel expenses for a candidate interviewing for the position of chief executive officer of a Regents institution or executive director of the Board, as provided by K.S.A. 76-727(a). (K.S.A. 76-727)

(7) The Board may agree to reimburse an applicant for the position of chief executive officer or executive director for all or part of the applicant's moving expenses from the applicant's out-of-state residence to the place of residence in Kansas, as provided by K.S.A. 76-727(b). (K.S.A. 76-727)

b. Assessment of Chief Executive Officers

(1) Each year the Board shall evaluate the performance of the chief executive officer of each Regents institution and the Executive Director of the Board. The evaluation is intended to assist the Board in fulfilling its responsibility for the well-being of each institution and the Board office by providing for a regular schedule of meetings between the chief executive officer and the Board for purposes of assessment; improving the depth of understanding of issues germane to the job performance of the chief executive

officer; providing additional opportunities for the chief executive officer to express goals for the ensuing year, personal ideas and concerns; and improving management through improved assessment of the chief executive officer.

(2) Assessment of the chief executive officers of the Regents institutions and the Board office will involve at least one meeting per year between an individual chief executive officer and the full Board. The assessment process is intended to:

(a) provide the Board with a comprehensive orientation to current and/or ongoing issues including, but not limited to, strategic planning, personnel, relationships with vital constituencies, special initiatives and problematic circumstances, if any;

(b) reinforce Board understanding of the challenges and opportunities facing the chief executive officers and the role of the Board in helping to cultivate a climate which enables the chief executive officer to achieve distinction for his/her campus or the Board office;

(c) focus on the chief executive officers management skills with a deliberate evaluation and critique emphasizing strengths and weaknesses of leadership using a series of criteria capturing the principal areas of responsibility and expectation; and

(d) provide the chief executive officer with a precise statement of its expectation and define specific goals and objectives the Board wants the chief executive officer to pursue;

(3) Meetings of the Board with the individual chief executive officers for purposes of the evaluation shall be conducted in executive session.

(4) In the event the Chair determines, after consultation with the Executive Director, that there is a matter involving chief executive officer assessment which cannot wait until the next regularly scheduled Board meeting, the Chair shall notify each member of the Board. If at least two other members agree to attend, a special meeting may be called by the Chair for the purpose of inquiring into the chief executive officer assessment matter. Each member of the Board shall be informed of the scheduled special meeting and provided the opportunity to attend. No action may be taken at a special meeting called pursuant to the provisions of this paragraph unless five or more members are present and at least five members agree to take action. Members attending the special meeting shall report to the Board at the earliest opportunity. If the matter involves the assessment of the Executive Director, the Chair may utilize the provisions of this paragraph without consulting with the Executive Director.

c. Faculty and Staff

(1) Appointments to both unclassified and classified positions are approved by the chief executive officer or the chief executive officers designee.

(2) Provosts, Vice Presidents, or Vice Chancellors, and Deans shall serve at the pleasure of the chief executive officer. Other university administrative staff positions may be designated as positions that serve at the pleasure of the chief executive officer: provided, however, that such designation is stated in the administrators written annual notice of appointment. Appointments of Provosts, Vice Presidents and Vice Chancellors shall be reported to the Board prior to announcement. (5-16-96; 4-17-97)

(3) The following employees of a Regents institution shall be unclassified: the Chancellor or President, Deans, all administrative officers, student health service physicians, all teaching and research personnel, health care employees and student employees. These categories shall not encompass any custodial, clerical, or maintenance employees, or any employees performing duties in connection with the business operations of the institution, except administrative officers and directors.

(a) Health care employees means employees of the University of Kansas Medical Center who provide health care services at the Medical Center and who are medical technicians or technologists or respiratory therapists or who are licensed professional nurses or licensed practical nurses or who are in job classes which are designated for this purpose by the chancellor as authorized by law; health care employees also includes employees of any Regents institution who are medical technologists.

(b) The University of Kansas Medical Center shall develop and maintain personnel policies and procedures for said health care employees. Such policies and procedures shall become policies of the Board upon their acceptance and approval by the Executive Director.

d. Employment of Relatives/Conflict of Interest

Persons may be appointed to classified or unclassified positions without regard to family relationship to or living arrangements with other members of faculty or staff. If a person is in a position which requires an evaluation or a personnel decision such as those concerning appointment, retention, promotion, discipline, tenure or salary of a family member or a member of such person's household, such condition shall be deemed a conflict of interest and that person shall not participate in such a decision, and that person shall not participate in any group or body which is considering any such decision.

e. Recruiting

(1) Within Regents Institutions: Faculty and administrators are eligible to transfer between Regents institutions. As a matter of courtesy, the appropriate vice president of the current employing institution shall be contacted prior to any formal interview with the applicant by the recruiting institution. (6-17-76)

(2) From Out-of-State:

(a) The chief executive officer of any Regents institution may extend an invitation to any person to make a visit to the state of Kansas for the purpose of consultation preliminary to his or her possible selection as a member of the unclassified staff at such institution, and in such case, such institution may pay the actual and necessary travel and subsistence expenses of such invitee visiting the state of Kansas. Such travel and subsistence expenses shall be paid from funds available or appropriated for travel and subsistence.

(b) The provisions of K.S.A. 75-3218, 75-3219 and 75-3220 shall not apply to Regents institutions or the Board except that the provisions of K.S.A. 75-3218 and the provisions of K.S.A. 75-3220 supplemental thereto shall apply to employees of the Board office other than the Executive Director.

(c) The chief executive officer of any Regents institution, or any person or persons designated by him for the purpose, may travel to any place or places in the United States for the purpose of interviewing persons as prospective members of the faculty of such institution, and in such case, such institution shall pay the transportation and subsistence expenses of persons making such trips. Such travel and subsistence shall be paid at the same rates and subject to the same limitations as now provided for state employees for out-of-state travel. Such travel and subsistence shall be paid from funds available or appropriated for travel and subsistence.

3. SPOKEN ENGLISH LANGUAGE COMPETENCY OF FACULTY AND GRADUATE TEACHING ASSISTANTS

a. Faculty

All prospective faculty members of Regents institutions, except visiting professors on exchange for one year or less, shall have their spoken English competency assessed prior to employment through interviews with not less than three institutional personnel, one of which should be a student. Faculty shall include all full-time or part-time personnel having classroom or laboratory instructional responsibilities and/or direct

tutorial or advisement contact, other than for courses or sessions conducted primarily in a foreign language. Prospective faculty found to be potentially deficient shall be required to achieve a minimum score of 50 on the Test of Spoken English (TSE), or a score of 240 on the Speaking Proficiency English Assessment Kit (SPEAK), to be eligible for an appointment without spoken English language remediation conditions.

b. Graduate Teaching Assistants

All prospective graduate teaching assistants of the Regents institutions shall have their English competency assessed prior to being considered for any employment having classroom or laboratory instructional responsibility and/or direct tutorial responsibilities. The following shall be used to implement this policy:

(1) All prospective graduate teaching assistants must be interviewed by and have their competency in spoken English certified by no fewer than three institutional personnel, one of which should be a student.

(2) Non-native speakers of English must achieve a minimum score of 50 on the TSE, or 240 on the SPEAK.

(3) Non-native speakers of English assigned to teach courses in modern languages must also achieve 50 on the TSE, or 240 on the SPEAK, and have their competency in spoken English certified by no fewer than three institutional personnel, unless the language courses they teach are conducted primarily in their native language.

(4) All prospective graduate teaching assistants who do not meet the above requirements shall not be assigned teaching responsibilities nor other tasks requiring direct instructional contact with students.

(5) An exception will be made for courses taught in sign language.

c. General

(1) Non-native English speakers are persons whose principal language is other than English.

(2) Regents institutions shall develop implementing policies and procedures for the administration of this policy and may adopt standards additional to those contained herein. (6-28-85; 2-18-88; 6-27-91; 6-28-95; 9-21-95; 6-27-96)

4. PROFESSORSHIPS

a. Regents Distinguished Professorships

Since Fiscal Year 1964 the Kansas Legislature has appropriated funds to the Kansas Board of Regents for the employment of outstanding professors as Regents Distinguished Professors. The purpose of the program is to attract to Kansas established scholars whose research projects augment the state's economic and industrial development. The following are the guidelines of the Board of Regents with reference to the selection and designation of Regents Distinguished Professors:

(1) The Chairman of the Kansas Board of Regents shall appoint a Subcommittee composed of three Board members which shall be responsible for making recommendations to the Board in all matters pertaining to the funding, appointment, evaluation and continuance of Regents Distinguished Professors.

(2) Nominations for the appointment of a Regents Distinguished Professor shall be preceded by the submission of a proposal by the chief executive officer of the host institution detailing:

(a) the area of academic specialization for the position

(b) the mode of financing the position;

(c) the institutional facilities and resources available to the incumbent of the position;

(d) the institutional facilities and resources needed for the position;

(e) the relationship of the position to the strengths and mission of the institution;

(f) a description of how the position avoids the duplication of Regents Distinguished Professorships at other Regents institutions or, if the position duplicates such Professorships, how the position will be integrated with the position(s) and research activities at collaborating Regents institutions;

(g) the contribution of the position to the economic development of Kansas;

(h) the academic department or other unit to which the position will be assigned.

Final Board approval of the proposal shall be contingent upon convincing arguments and evidence on points a(2)(a-h) provided by the proposing institution.

(3) Nominations for the appointment of a Regents Distinguished Professor may be made by the Chancellor and the Presidents. An institution may submit a nominee for appointment to a Regents Distinguished Professorship once the position has been approved by the Board. The following precepts shall guide the Board in its appointment of Regents Distinguished Professors.

(a) The Regents Distinguished Professor shall be a recognized leader in his or her field.

(b) In the selection of Regents Distinguished Professors, emphasis should be placed on the capabilities that will enhance the economic and industrial development of the State. Regents Distinguished Professors should inform public policy and enhance the attractiveness of the State through their professional, social and cultural contributions.

(c) The nomination dossier shall be circulated to each Board member and to the Executive Director of the Board.

(d) No nominee shall be appointed or submitted to the Board for approval until he or she shall have been personally interviewed by at least two members of the Board Subcommittee on Regents Distinguished Professors.

(e) The recommendation for the appointment of a nominee to a Regents Distinguished Professorship shall be made to the entire Board by the Subcommittee on Regents Distinguished Professors.

(4) The Regents Distinguished Professor designation is appended to a regular faculty line within the institution. The vacant position and the Regents Distinguished Professor allocation shall determine the salary of the Regents Distinguished Professor. Allocation of funds for Regents Distinguished Professors shall be limited to an amount appropriated by the Legislature for each professorship recommended by the Board Subcommittee on Regents Distinguished Professors and authorized by the Board of Regents.

(5) Tenure for a Regents Distinguished Professor is determined in the same manner as tenure for regular faculty and confers the same privileges. Tenure, if granted, is in the university and the designation of Regents Distinguished Professor is a temporary supplement to the normal academic rank. Board designation as Regents Distinguished Professor and the stipend appended to it are subject to review and reaffirmation by the Board of Regents under the terms of this policy.

(6) The Board Subcommittee on Regents Distinguished Professors will undertake a comprehensive performance evaluation in October of the fourth year of the Regents Distinguished Professor's designation and every succeeding fourth year of the designation. The chief executive officer shall forward to the Boards Subcommittee an interim progress report on October 1 two years prior to every scheduled comprehensive review. The Subcommittee may request annual reports on Regents Distinguished Professors

if, in its judgment, performance warrants more frequent review. The following are the guidelines for the evaluation and continuation of Regents Distinguished Professors (4-16-98):

(a) The chief executive officer shall submit, as specified above, a report to the Board Subcommittee on Regents Distinguished Professors including: (i) a summary evaluative statement by the chief executive officer addressing past performance and expectations for the future; (ii) a listing of the professor's activities for the review period as well as those planned for the next period; (iii) evidence of contributions to the state's economic development, including sponsorship of research activity; and (iv) a fiscal report including salary data, how the stipend was utilized, either as salary or OOE money, and, in the case of the latter, how the money was spent. Except for interim progress reports, commentary on the professor's academic work shall be provided by peer evaluators who are (i) chosen by the institution, (ii) educators in the professor's field and (iii) not connected with the Kansas Regents system. (4-16-98)

(b) The report during the year of the Subcommittee's comprehensive evaluation shall include commentary on the professor's academic work and contributions to the state's economic development. Commentary on the professor's contributions to the state's economic development shall be provided by persons who are credible observers of the economic outcomes of the professor's work.

(c) The professor will be allowed to submit any information to the Subcommittee for consideration not included in the reports submitted by the chief executive officer.

(d) In its comprehensive evaluation, the Board Subcommittee shall review the available reports, evaluations and any other materials submitted by the professor. The evaluation shall include a review of the professor's professional activities and evidence of contributions to Kansas economic development. Evidence of effective performance shall include, but not be limited to, public or private sponsorship of research activity.

(e) The Subcommittee shall recommend continuance or discontinuance of the Regents Distinguished Professor designation and stipend to the Board of Regents at the December Board meeting. If continuation is not approved by the Board, the designation and stipend will be withdrawn effective December 31 of the following calendar year.

(7) The Regents Distinguished Professor designation is limited to full-time positions. In the event an individual holding a Regents Distinguished Professor designation changes to a less than a full-time position, the designation and the associated stipend end.

(8) When an appointment to a Regents Distinguished Professorship and its related stipend are terminated through action of the Board, the institution or the professor, the institution should initiate a proposal to the Board of Regents justifying the continuation or change in the area of academic specialization for the Regents Distinguished Professor's position.

b. The Kansas Partnership for Faculty of Distinction Program

The Kansas Partnership for Faculty of Distinction Program is established to encourage major gifts by private donors to enhance the ability of eligible educational institutions to attract and retain faculty of distinction. The Board of Regents will administer the program in accordance with statutes and in a manner that optimizes the benefits to the institutions from private monies committed to this program. The state will contribute income earnings equivalent awards, as defined in statutes, to supplement endowed professorships or faculty positions at eligible educational institutions for which qualifying endowment associations have received gifts. The Executive Director will establish procedures to manage the program in accordance with this policy and statutory provisions.

5. EMERITUS STATUS

Emeritus status is an honorary title awarded to a retiring faculty member or administrator for extended meritorious service. Each Regents institution will establish its own criteria for awarding such status. Emeritus status may be approved by the chief executive officer of the employing institution. There is no salary or emolument attached to the status other than such privileges as the institution may wish to extend. (10-18-74; 3-20-87; 2-18-88)

6. PROMOTIONS IN ACADEMIC RANK

Lists of academic promotions shall be approved by the chief executive officer of each institution in accordance with the following Board policy:

a. Academic rank shall be based solely on merit, salary scales shall be commensurate with rank, and salary differences within various scales established shall also be on basis of merit.

b. The rank of professor shall be awarded only to those persons who are proven masters of their field, are outstanding in that field, and whose general attributes of culture are recognized by their fellows, with such determination to be made by administrations and faculties in traditional manner.

c. In some instances the head of a department or division may hold rank less than professor.

d. Decisions of the chief executive officer shall be final and are not subject to further administrative review by any officer or committee of the institution or by the Board of Regents. (9-19-64; 11-20-69)

7. MEDICAL CENTER CLINICAL APPOINTMENTS

The University of Kansas Medical Center may employ and appoint personnel to full-time, non-tenure track positions as determined to be in the best interest of the Medical Center by the Chancellor; as used in this section, a component of the clinical appointment may include teaching. Contracts shall be renewable and the lengths shall be: Instructor, renewable annually; Assistant Professor, one to three years; Associate Professor and Professor, three to five years. Salary will be determined each year by merit, which includes, but is not limited to,

productivity and the availability of funds. Contracts may be terminated by mutual agreement of the faculty member and the University. The University may only terminate the contract prior to the expiration of the appointment, for cause or financial exigency. Faculty members may apply for a one-time, one-way transfer between appointment categories (tenure track, non-tenure track). Transfers to the non-tenure track can be made, if mutually agreed to, prior to but no later than, the end of the fifth year of employment. Time and title in the non-tenure track does not count toward the probationary period to obtain tenure. Once a transfer has occurred, the guidelines for tenure apply. Any such appointments must be made in specific compliance with parameters approved by the Kansas Board of Regents. The above policy applies only to full-time faculty at the University of Kansas Medical Center. (12-14-95); (3-18-99)

8. TENURE POLICY

a. After the expiration of a probationary period, teachers or instructors should have permanent or continuous tenure, and their services should be terminated only for adequate cause, except in the case of program or unit discontinuance or under extraordinary circumstances because of financial exigency. (2-19-97)

b. In the interpretation of the principles contained in Section a. of this policy, the following is applicable:

(1) The precise terms and conditions of every appointment should be stated in writing and be in the possession of both institution and teacher before the appointment is consummated.

(2) Beginning with appointment to the rank of full-time instructor or a higher rank, the probationary period should not exceed seven years, including within this period full-time service in all institutions of higher education; but subject to the proviso that when, after a term of probationary service of more than three years in one or more institutions, a teacher is called to another institution it may be agreed in writing that his new

appointment is for a probationary period of not more than four years, even though thereby the person's total probationary period in the academic profession is extended beyond the normal maximum of seven years; except when the interests of both parties may best be served by mutual agreement at the time of initial employment, institutions may agree to allow for more than four years of probationary service at the employing institution provided the probationary period at that institution does not exceed seven years. Notices should be given at least one year prior to the expiration of the probationary period if the teacher is not to be continued in service after the expiration of that period. Under unexpected special and extenuating circumstances, prior to the sixth year of service, and at the request of the faculty member and the appropriate dean, the Chief Academic Officer of the university may grant an extension of the tenure clock for a maximum of one year.

(3) During the probationary period a teacher should have the academic freedom that all other members of the faculty have.

(4) Termination for cause of a continuous appointment, or the dismissal for cause of a teacher previous to the expiration of a term appointment, shall, if possible, be considered by a faculty committee which will make recommendations to the administration. In all cases where the facts are in dispute, the accused teacher shall be informed before the hearing in writing of the charges against him and shall have the opportunity to be heard in his own defense by all bodies that pass judgment upon his case. He may have with him an advisor of his own choosing who may act as counsel. There shall be a full stenographic record of the hearing available to the parties concerned. In the hearing of charges of incompetence, the testimony should include that of teachers and other scholars, either from his own or from other institutions. Teachers on continuous appointment who are dismissed for reasons not involving moral turpitude shall receive their salaries for at least a year from the date of notification of dismissal whether or not they are continued in their duties at the institution.

(5) Termination of a continuous appointment because of financial exigency should be demonstrably bona fide.

c. Within this general policy, each Regents institution may make such operating regulations as it deems necessary, subject to the approval of the Board.

d. Lists of individuals approved by the chief executive officer at a Regents institution for tenure shall be submitted by the chief executive officer of that institution to the Board for its information at its April meeting. Any tenure approved by the institution shall be limited to tenure for the recommended individual at the institution consistent with the tenure policies of that institution.

e. In exceptional cases, the chief executive officer at a Regents institution may hire a faculty member with tenure without their having completed a probationary period.

f. Decisions of the chief executive officer shall be final and are not subject to further administrative review by any officer or committee of the institution or by the Board of Regents.

9. FINANCIAL EXIGENCY

a. Definition

Financial exigency is the formal recognition by a Regents institution that known reductions in budget or authorized number of positions have required the elimination of nontenured positions and operating expenditures to such a point that further reductions in these categories would seriously distort the academic programs of the institution; hence, further budget or position reductions would require the nonreappointment of tenured members of the faculty or the failure to meet the standards of notice for nonreappointment of faculty. It is not a requirement of financial exigency that all nontenured positions throughout the University be first eliminated.

b. Procedure

(1) It shall be the responsibility of the chief executive officer of each Regents institution, in consultation with appropriate campus groups, to develop a plan for reductions in personnel as necessitated by conditions of financial exigency.

(2) In the event that financial conditions at a Regents institution may warrant the declaration of financial exigency, the chief executive officer shall notify the Board of that fact and shall provide a complete statement of the circumstances that may warrant the declaration of financial exigency. The statement shall also include a review of all reasonable alternatives to financial exigency. If the Board and the chief executive officer concur as to the existence of a financial exigency, it shall be the responsibility of the chief executive officer to so declare.

(3) It shall be the responsibility of the chief executive officer to review the financially exigent condition with the Board at such times and with such frequency as the Board may specify.

10. SUSPENSIONS, TERMINATIONS AND DISMISSALS

a. Felony Conviction

The Board has the authority to discharge any employee immediately upon final conviction of any felony.

b. Other

Faculty and staff may also be suspended, dismissed or terminated from employment for reasons of program discontinuance, financial exigency, or for just cause related to the performance of or failure to perform the individual's duties or for violation of the reasonable directives, rules and regulations, and laws of the institution, the Board and the state of Kansas or the United States.

c. Grievance Procedure

Each Regents institution shall establish and publish grievance procedures for use by faculty and staff in appealing employment decisions of the institution. The procedures shall provide the employee with notice of the action to be taken, the reasons for the action where appropriate, and an opportunity to be heard. A copy of all institutional grievance procedures shall be provided to the General Counsel of the Board for approval prior to becoming effective.

11. STANDARDS FOR NON-REAPPOINTMENT

a. Notice of non-reappointment should be given in writing in accordance with the following standards; such standards shall not be applicable to any administrative assignments.

(1) Not later than March 1 of the first academic year of service, if the appointment expires at the end of that year; or if a one-year appointment terminates during an academic year, at least three months in advance of its termination.

(2) Not later than December 15 of the second academic year of service, if the appointment expires at the end of that year; or, if an initial two-year appointment terminates during an academic year, at least six months in advance of its termination.

(3) At least twelve months before the expiration of an appointment after two or more years in the institution.

b. These statements shall apply even during periods of declared financial exigency, unless impossible, in which case notice shall be provided as early as feasible.

12. LEAVES

Persons appointed to student, unclassified positions do not accrue any of the leaves delineated below.

A. Sabbatical Leave

(1) Sabbatical leaves shall be approved by the chief executive officer of each institution in accordance with Board policy.

(2) Sabbatical Leave may be granted subject to the following conditions:

(a) In strictly meritorious cases, a full-time faculty member on regular appointment at any of the Regents institutions of higher education who has served continuously for a period of six years or longer at one or more of these institutions, may, at the convenience of the institution and upon the approval of the president or chancellor of the institution with which connected, be granted not to exceed one such leave of absence for each period of regular employment for the purpose of pursuing advanced study, conducting research studies, or securing appropriate industrial or professional experience; such leave shall not be granted for a period of less than one semester nor for a period of more than one year, with reimbursement being made according to the following schedule:

(i) for nine-months faculty members, up to half pay for an academic year, or up to full pay for one semester.

(ii) for twelve-months faculty members, up to half pay for eleven months, or up to full pay for five months.

(b) Provided: Regular salary is defined as the salary being paid at the time the sabbatical leave begins. Outside grant funds received by the University in support of the individual's scholarly efforts during his/her sabbatical leave may be used for supplemental salary, but total sabbatical leave salary in these instances may not exceed his/her regular salary. Provided further, That the number of faculty members to whom leave of absence with sabbatical pay is granted in any fiscal year shall not exceed four percent of the number of equivalent full-time faculty with rank of instructor or higher, or equivalent rank for the institution concerned for the fiscal year for which the leave of absence is granted; And provided further, That no faculty member will be granted leave of absence with sabbatical pay who does not agree to return to the service of the state institution granting the sabbatical leave for a period of at least one year immediately following the expiration of the period of leave. Persons failing to return to the institution granting sabbatical leave shall refund all sabbatical pay. Those who fail to remain for the full year of school service (9 to 12 months depending on annual term of employment) shall refund that portion of their sabbatical pay as represented by the portion of time they fail to serve.

B. Leave Without Pay

(1) A leave without pay for up to three years may be granted by the chief executive officer of the employing institution when such is judged by the chief executive officer to be in the best interest of the institution. No leave may be granted to any employee who has accepted a permanent position with another postsecondary education institution.

(2) Any extension of a leave without pay beyond three years requires the approval of the Board. The chief executive officer of the employing institution shall provide documentation of extraordinary circumstances justifying the extension of such leave beyond three years.

(3) Leaves without pay will not be regarded as a break in service; however, such leave will not count toward the earning of sabbatical leave nor will other than a scholarly leave count toward the tenure probationary period. Scholarly leave will count toward the tenure probationary period unless the employee and the institution agree in writing to the contrary at the time the leave is granted.

(4) During a leave of absence without pay, an employee's eligibility for health insurance shall be determined by and be in accord with the policies, rules and regulations of the State Employees Health Insurance Commission.

C. Leave With Pay

In order to fulfill jury duty, national guard duty, or other appropriate civic obligations, employees may be granted leave with pay pursuant to institutional policy.

D. Sick Leave for Unclassified Employees

(1) Unclassified employees shall accumulate sick leave at the rate of 3.7 hours per biweekly pay period with no limit on the number of hours which can be accumulated. Sick leave for unclassified employees on less than full-time appointments shall be reduced proportionately. Sick leave accumulations for persons on sabbatical leave shall be proportionate to the pay status during that leave. No sick leave shall be awarded for periods when unclassified employees are on leave without pay.

(2) Sick leave with pay may be granted only for the necessary absence from duty because of the personal illness, disability or legal quarantine of the employee; or the personal illness or disability of a member of the employee's family when the illness or disability reasonably requires the employee to be absent from work. "Personal illness or disability" shall be defined to include pregnancy, termination of pregnancy, adoption, childbirth and the recovery therefrom. "Employee's family" shall include persons related to the employee by blood, marriage or adoption and minors residing in the employee's residence as a result of court proceedings pursuant to the Kansas code for care of children or the Kansas juvenile offenders code.

(3) If upon retirement an unclassified employee has accrued 800 or more hours of sick leave, the employee shall be compensated for accumulated sick leave in accordance with the provisions of K.S.A. 75-5517 as amended.

(4) If a separated unclassified employee returns within a year to an eligible position, the sick leave balance that the employee had upon termination is reinstated. Such reinstatement does not apply to an unclassified employee who retires and returns to the Board of Regents service after retirement.

(5) Each Regents institution shall adopt appropriate procedures for administering this policy.

E. Holiday Observations

(1) Regents institutions shall observe the following holidays for all unclassified and classified personnel: New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day

(2) Unclassified and classified personnel shall be entitled to such other special holidays as may be declared by the Governor. If any listed or special holidays fall during a time when classes are in session, such holidays shall not be observed by unclassified personnel. Classified employees required to work on such holidays shall be afforded compensatory time or compensation in accordance with Civil Service rules and regulations.

(3) Employees within the Regents system who accrue annual leave shall be entitled to one additional holiday per year to be taken at their discretion, subject to the advance approval of the individual's administrative superior.

F. Annual Leave for Unclassified Employees

(1) Persons appointed to unclassified positions of less than 12 months including faculty positions do not accumulate or earn annual leave. Their academic duties are closely related to the presence of students on campus. Student recesses offer persons appointed to positions which do not earn annual leave an opportunity to engage in research and perform other necessary professional duties. In consideration of the professional nature of a faculty position, faculty are expected to fulfill appropriate, professional and departmental responsibility throughout the academic year, including student recesses, exclusive of legal holidays. The academic year begins with student registration or similar duties in the Fall and continues for nine months.

(2) Persons appointed to full-time 12 month unclassified positions shall earn paid annual leave not to exceed 176 hours per fiscal year. Persons appointed to a less than full-time 12 month unclassified position shall earn annual leave on a pro-rated basis.

(3) Persons appointed to 12 month unclassified positions may accumulate a maximum of 304 hours of annual leave; provided, however, that no employee may receive, upon termination or retirement from employment or upon moving from a twelve-month annual leave earning position to a position for less than twelve months, payment for more than 176 hours of annual leave.

G. Bereavement Leave for Unclassified Employees

Unclassified employees may be granted leave with pay upon the death of a close relative. Such leave shall in no case exceed six working days. The employee's relationship to the deceased and necessary travel time shall be among the factors considered in determining whether to grant bereavement leave, and, if so, the amount of leave to be granted.

H. Shared Leave for Unclassified Employees

(1) All unclassified employees who accumulate sick leave shall be eligible for participation in the shared leave program of the state of Kansas.

(2) All unclassified employees who participate in the shared leave program may donate sick leave as long as the donation does not cause the accumulated sick leave balance of the donating employee to be less than 480 hours, unless the employee donates sick leave at the time of separation from service.

(3) Each Regents institution shall adopt appropriate procedures for administering this policy.

I. Family Medical Leave

(1) For purposes of administering the Family Medical Leave Act (FMLA), all Regents institutions shall:

(a) designate qualifying leave as Family Medical Leave whether or not the employee requests such a designation;

(b) consider the twelve-month period, within which an eligible employee who experiences a FMLA qualifying condition or circumstance, to begin concurrently with the first day of Family Medical Leave and any subsequent twelve-month period would begin the first time an eligible employee again experienced a FMLA qualifying condition or circumstance after the expiration of the first twelve-month period; and

(c) require employees whose leave is designated Family Medical Leave to substitute accrued paid leave for unpaid Family Medical Leave for up to twelve weeks within the applicable twelve-month period.

(2) Any Regents institution may adopt a policy allowing a member of the faculty holding a tenure earning appointment who has taken Family Medical Leave to request an additional year in which to work toward tenure.

(3) Subject to the above, each Regents institution shall adopt policy and procedures to provide leave to its employees pursuant to the FMLA.

13. COMMITMENT OF TIME, CONFLICT OF INTEREST, CONSULTING AND OTHER EMPLOYMENT

Preamble:

The Board of Regents encourages the Regents institutions to interact with business, industry, public and private foundations, and government agencies in order to assure the relevance of their missions of teaching, research and service; to provide for and facilitate the professional development of their faculty and unclassified staff; and to promote the rapid expansion and application of knowledge, gained through research, to the needs of Kansas, the region and the nation. With particular reference to such interaction, the Board of Regents considers it of utmost importance that university employees conduct their affairs so as to avoid or minimize conflicts of time commitments and conflicts of interest, and that the Regents institutions must be prepared to respond appropriately when real or apparent conflicts arise.

To those ends, the purposes of this policy are to: (i) educate about situations that generate conflicts; (ii) provide means for faculty and unclassified staff and the university to manage real or apparent conflicts; (iii) promote the best interests of students and others whose work depends on faculty direction; and (iv) describe situations that are prohibited. Every faculty member and member of the unclassified staff has an obligation to become familiar with, and abide by, the provisions of this policy. If a situation raising questions of real or apparent conflict of commitment or conflict of interest arises, affected faculty and/or unclassified staff must meet with their department chair, school dean or supervisor, report the conflict as described below, and eliminate the conflict or manage it in an acceptable manner.

a. General Principles

(1) Conflict of Time Commitment

(a) Attempts to balance university responsibilities outlined in the preamble with external activities, such as, but not limited to, consulting, public service or pro bono work, can result in real or apparent conflicts regarding commitment of time and effort. Whenever a faculty or staff member's external activities exceed reasonable time limits, or whenever an unclassified staff or faculty member's primary professional responsibility is not to the institution, a conflict of time commitment exists.

(b) Conflicts of commitment usually involve issues of time allocation. Faculty members and unclassified staff of Regents institutions owe their primary professional responsibility to their employing institutions, and their primary commitment of time and intellectual effort should be to the education, service, research and scholarship missions of said institutions. Faculty and unclassified staff should maintain a presence on campus commensurate with their appointments. The specific responsibilities, position requirements, employment obligations and professional activities that constitute an appropriate and primary commitment of time will differ across schools and departments, but said responsibilities, requirements, obligations and activities should be initially premised on a general understanding of full-time commitment for full-time faculty or unclassified staff of the institutions. Exceptions must be justified and shown to enhance the institutional mission.

(2) Conflict of Interest

(a) A conflict of interest occurs when there is a divergence between an individual's private, personal relationships or interests and his/her professional obligations to the university such that an independent observer might reasonably question whether the individual's professional actions or decisions are determined by considerations of personal benefit, gain or advantage.

(b) A conflict of interest or the appearance of it depends on the situation, and not necessarily on the character or actions of the individual. The appearance of a conflict of interest can be as damaging or detrimental as an actual conflict. Thus, individuals are asked to report potential conflicts so that appearances can be separated from reality.

(c) Potential conflicts of interest are not unusual in a modern university and must be addressed. For example, conflicts of interest can arise out of the fact that Regents institutions have as part of their mission the promotion of the public good by fostering the transfer of knowledge gained through university research and scholarship to the private sector. Two important means of accomplishing the institutional mission include consulting and the commercialization of technologies derived from research. It is appropriate that university personnel be rewarded for their participation in these activities through consulting fees and sharing in royalties resulting from the commercialization of their work. It is wrong, however, for an individual's actions or decisions made in the course of his or her university activities to be determined by considerations of personal financial gain. Such behavior calls into question the professional objectivity and ethics of the individual, and it also reflects negatively on the employing university. Regents institutions are institutions of public trust; faculty and unclassified staff must respect that status and conduct their affairs in ways that will not compromise the integrity of the university.

(d) Except in a purely incidental way, university resources, including but not limited to, facilities, materials, personnel, or equipment may not be used in external activities unless written approval has been received in advance from the institution's chief executive officer or his/her designee. Such permission shall be granted only when the use of university resources is determined to further the mission of the institution. When such permission is granted, the faculty member or unclassified staff member will make arrangements for reimbursement of the University for customarily priceable institutional materials, facilities or services used in the external activity. Such use may never be authorized if it violates the Regents policy on Sales of Products and Services.

(e) Proprietary or other information confidential to a Regents institution may never be used in external activities unless written approval has been received in advance.

(f) Faculty or unclassified staff may not involve University students, classified staff, unclassified staff or faculty in their external activities if such involvement is in any way coerced or in any way conflicts with the involved participants' required commitment of time to their university. For example, a student's grades or progress towards a degree may not be conditioned on participation.

b. Consulting and Other Employment

(1) Consulting for Other State of Kansas Agencies

Consulting by faculty members and employees of institutions under the jurisdiction of the Board for another institution under the jurisdiction of the Board, as well as consultation for other state agencies, shall be approved in advance by the institution or agency seeking these services and approved by the employee's home institution. The home institution shall effect payment through the regular process and shall receive reimbursement through the interfund transfer process.

(2) Consulting Outside the University

For members of the faculty, the Regents institution permits and, indeed encourages, a limited amount of personal, professional activity outside the faculty member's reasonably construed total professional responsibilities of employment by and for the institution, provided such activity: (a) further develops the faculty member in a professional sense or serves the community, state, or nation in a professional capacity; (b) does not interfere with the faculty member's teaching, research and service to the institution; and (c) is consistent with the objectives of the institution. Regular instructional service to other educational institutions is normally regarded as an inappropriate personal, professional activity. Without prior approval, faculty members on full-time appointments must not have significant outside

managerial responsibilities nor act as principal investigators on sponsored projects that could be conducted at their institution but instead are submitted and managed though another organization. Unless an exception is granted by the President, Chancellor or a designee, unclassified staff members may consult only on non-university time, including vacations.

(3) Other Employment

The Regents expect faculty and unclassified staff employed by the Regents institutions to give full professional effort to their assignments. It is, therefore, considered inappropriate to engage in gainful employment outside the Regents institution that is incompatible with institutional commitments. It is inappropriate to transact business for personal gain unrelated to the institution from one's institutional office, or at times when it might interfere with commitments to the institution. Participation in academic conferences, workshops and seminars does not usually constitute consulting or outside employment. However, organizing and operating such meetings for profit may be construed as consulting or outside employment as defined in this policy.

c. Reporting Requirements

(1) Annual Reporting

As part of the annual appointment process, all faculty and unclassified staff with 100% time appointments must disclose to the university whether they or members of their immediate family (spouse and dependent children), personal household, or associate entities (e.g., corporations, partnerships or trusts) have consulting arrangements, significant financial or managerial interests, or employment in an outside entity whose financial or other interests would reasonably appear to be directly and significantly affected by their research or other university activities. For purposes of this policy, significant financial or managerial interests (or significant financial or other interests) means all holdings greater than $10,000 or more than 5% ownership in a company. Faculty and unclassified staff members who hold fractional appointments and who have potential or possible conflicts of time commitments or conflicts of interest, as defined above, are also required to make the disclosures. Failure to submit the required reporting form, as approved by the Council of Presidents, will result in denial of the opportunity to submit research proposals to external funding agencies until the form is submitted and may result in discipline in accordance with University procedures. When the institution judges that the information submitted indicates that a conflict of time, commitment or interest does exist, the institution may require that the faculty or unclassified staff member submit additional information and explanation regarding that conflict. (9-21-95)

(2) Reporting Significant Ad Hoc Current or Prospective Conflicts As They Occur

Faculty and unclassified staff must disclose on the form approved by the Council of Presidents to the department chair or dean or supervisor on an ad hoc basis current or prospective situations that may raise questions of conflict of commitment or interest, as soon as such situations become known to the faculty or unclassified staff member.

(3) Reporting of Consulting

The faculty member must inform the chief academic officer, through the department chair or head and the dean, of all external personal, professional activities. For all such activities, except those single-occasion activities specified below, the faculty member must report in writing the proposed arrangements, and secure approval prior to engaging in the activities. Those personal, professional activities which occur within a single 24-hour period must be reported annually in writing as prescribed. For all activities concerned, the report should indicate the extent and nature of the activities, the amount of time to be spent in the activities, and the total amount of time spent or expected to be spent on all such outside activities during the current academic year.

(4) Disposition of Reports

All required reports shall be submitted in accordance with institutional requirements and shall be included in individual personnel files to be used for the determination of whether an individual is in compliance with this policy. Such reports will also be available to institutional research officers to permit certification and/or verification of compliance with federal regulations. Institutions must maintain these reports for a minimum of three years.

d. Use of University Name

The Name of the Board of Regents, a Regents institution or the Regents System may never be used as an endorsement of a faculty member or unclassified staff member's external activities without expressed and advance written approval of the University chief executive officer and/or the Board's Executive Director, as appropriate. Faculty members or unclassified staff members may list their institutional affiliation in professional books, articles and monographs they author or edit and in connection with professional workshops they conduct or presentations they make without securing approval.

e. Campus Policy Development and Enforcement

Additional rules and procedures for personal external activity, consistent with Board policy, will be established by each Regents institution. In situations in which the objectivity of a faculty or unclassified staff member could reasonably be questioned, or where apparent conflicts of interest exist, each Regents institution will establish an effective review mechanism to determine if a conflict of time or interest exists and to facilitate resolution of the conflict where possible, and to decide upon the appropriate sanctions when an unclassified staff or faculty member's activities have been determined to constitute a conflict. Such review mechanisms will include opportunity for appeal.

f. Distribution and Dissemination

This policy statement will be distributed upon initial appointment to all faculty and unclassified staff by each Regents institution.

14. HONORARIUMS

Institutions under the jurisdiction of the Board are authorized to pay honoraria as required for visiting lecturers upon authorization by the chief executive officer of the institution. (4-7-60)

15. POLITICAL ACTIVITY

a. Faculty, administrators and other unclassified personnel are eligible to accept any public or political party position which does not involve any conflict of interest and does not require substantial time away from assigned duties or in other respects infringe upon them. Such eligibility covers membership on city commissions, school boards, planning groups, and county, state and national party committees and like organizations, by either appointment or election.

b. The filing of a declaration of intent to become a candidate shall not affect the status or appointment of an unclassified member of a college or university staff; provided, however, such person at all times while a candidate shall properly and fully perform all of his or her assigned duties; provided further, however, that should such person while he or she is a candidate for office fail to perform all of his or her assigned duties, such person shall not receive any salary or benefits from the date of filing for office.

c. Leave without salary or other benefits will be granted to those elected or appointed to public office requiring full time or lengthy sustained periods away from assigned duties, such as Congress, the State Legislature, and state and county offices or appointments to office falling within this category; effective, as to a person elected or appointed to Congress or the State Legislature, from the date such person takes the Oath of Office or the first day of the Legislative session and continuing until the adjournment of Congress or to a date no sooner than the last adjournment in April or sine die adjournment, whichever occurs first, of each regular and special session of the State Legislature; effective, as to other state and county offices, during the entire time a person serves as such officer. Leave without salary or other benefits shall not be required for any person serving in the State Legislature or for service on any committee during a period when the Legislature is not in regular or special session, provided that such person shall decline to accept all legislative compensation for such service, but such person shall be entitled to mileage and other expense allowances as provided by statute and paid by the Legislature.

d. In the interest of the fullest participation in public affairs, personnel are free to express opinions speaking or writing as an individual in signed advertisements, pamphlets and related material in support of or opposition to parties and causes. There will be the commensurate responsibility of making plain that each person so doing is acting for himself and not in behalf of an institution supported by tax funds drawn from citizens of varying political and economic views. (12-19-66; 5-19-72; 2-15-85)

16. RETIREMENT

a. Retirement Benefits

(1) Eligible classified employees are covered by the Kansas Public Employees Retirement System as determined by law.

(2) Unclassified employees are covered by and/or eligible for those retirement benefits which are set forth in detail in Appendix E of this manual.

b. Phased Retirement Program

Subject to the provisions of K.S.A. 76-746 and K.A.R. 88-12-1 through 8, an unclassified employee aged 55 or older may enter into a written agreement with the employing institution whereby the unclassified employee will accept a position which is less than full-time but at least one-fourth time, and the institution will provide benefits on a full-time basis for up to five years.

c. Tax Sheltered Annuities

Subject to K.S.A. 74-4925 and 4925b, K.A.R. 88-10-1 through 12, and K.A.R. 88-11-1 through 12, eligible classified and unclassified employees may participate in a voluntary tax-sheltered annuities program. (11-21-86; 9-16-93; 9-15-94; 12-14-95)

17. HEALTH PROGRAM AND INSURANCE

The state of Kansas provides group health, life and long-term disability insurance to eligible classified and unclassified employees.

18. WITHHOLDING OF PAYCHECKS AND SETOFF OF AMOUNTS OWED

Each Regents institution shall be authorized to withhold payroll or other warrants issued by the State to, or setoff amounts owed by, any officer or employee of that institution against salary, other compensation or other amounts payable to such individual for any fine, fee or penalty owed by such officer or employee to the Regents institution. (11- 21-80; 6-18-81; 5-21-82)

19. KANSAS TORT CLAIMS ACT/LEGAL DEFENSE OF EMPLOYEES

Lawsuits against state employees, including faculty and staff, are controlled by and handled pursuant to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.). The Act seeks to limit liability and provides that the state of Kansas will, subject to certain limitations and qualifications, defend and indemnify state employees, including faculty and staff, sued as a consequence of actions taken by state employees while acting within the scope of their employment.

Subject to institutional policies, employees of Regents institutions who are sued for any alleged nonfeasance, misfeasance or malfeasance of the duties of their position should immediately notify institutional legal counsel and/or the General Counsel to the Board to initiate an appropriate request to the Attorney General for legal defense. Specific questions about protections provided pursuant to the Kansas Tort Claims Act or the legal defense of employees may be referred to institutional legal counsel and/or the Board's General Counsel. (6-30-94)

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