UNL Bylaws 2 - General Conditions of Employment for Professional Staff

General Conditions of Employment for Professional Staff

2.1
Standards. The faculty of each administrative subunit of UNL, in cooperation with the appropriate administrative officers, shall define the academic policies and objectives of their programs and the responsibilities of the professional staff, as defined in Section 3.1.1 of the Regents Bylaws, in achieving these goals. The standards of performance so defined shall not contravene those discussed in Sections 2.1.1 and 2.1.2 below. Any statements of expectations and standards established by any subunit shall be published and made available to all employees affected by them.
2.1.1
Standards of Faculty Performance. The overall standard for UNL is a faculty of the highest quality and dedication to higher education. The faculty as a whole must contribute to the University's scholarly tripartite mission of teaching, research, and service to the State and the University, although an individual may concentrate more in one area than in others.
2.1.1.1
Teaching Standards. Faculty members whose responsibilities include classroom teaching are expected to maintain high academic standards. They must maintain competence in their fields through creative and scholarly activities. They must be willing to undergo responsible evaluation by peers and by students and to be guided by the results toward self-improvement. They must conduct their teaching in accordance with Section 4.1 of the Regents Bylaws.
2.1.1.2
Research Standards. Faculty members whose responsibilities include research are expected to assemble the results in publishable form. Scholarly activities not amenable to publication may result in performances, recitals, exhibitions, and similar activities. Research and scholarly activities must be evaluated by one's peers.
2.1.1.3
Extension and Service Standards. Faculty members whose duties include direct service to the state, such as extension work, are expected to keep abreast of current developments in their fields. They must be accurate and fair in their presentations to the public.
2.1.2
Standards for Administrative Performance. The administrator of any program is responsible for the effective operation of that program. It is the administrator's responsibility to work with the staff to establish realistic objectives for the program (in harmony with the total mission of UNL) and sound policies for realizing those objectives. Each administrator shall provide annual evaluations of his/her professional staff and of any non-professional employees in the program. An administrator must demonstrate competence in personnel relations, in program development and operation, and in the management of funds.
2.2
Rights of Professional Employees.
2.2.1
Faculty Rights. Faculty members are entitled to all rights provided in the Regents Bylaws, in these UNL Bylaws, and in applicable federal and state laws.
2.2.2
Administrative Rights. A person appointed to an administrative position shall be appointed as a special appointment as designated in Section 4.4.1 of the Board of Regents Bylaws. During such service the person does not hold tenure as an administrator, but tenure attained pursuant to Section 4.4.3 of the Regents Bylaws shall remain unaffected by the appointment to an administrative position.
2.3
Evaluation of Professional Employees.
2.3.1
Faculty Evaluation. Pursuant to Section 4.6 of the Regents Bylaws, each college, school, department, or division, as appropriate, shall establish a procedure for annual review of its faculty.
2.3.2
Administrative Evaluation.
2.3.2.1
Annual Evaluation. Each administrative officer shall undergo annual evaluations of performance conducted by that officer's immediate superior. Such evaluations shall include factual statements and opinions from a wide variety of sources within the campus community, including the appointee's superior or superiors, peers, subordinates, and students and faculty where appropriate. Either the appointee or the immediate superior may include facts and opinions from other sources.

The results of the annual evaluations shall be used for professional improvement in performance, salary adjustment, and alteration of status including termination of the administrative appointment. The results shall be communicated to the appointee and shall be deemed confidential and subject to Section 1.4.4 of the Regents Bylaws and Sections 2.5 through 2.5.4 of these UNL Bylaws. The appointee shall be given the opportunity to respond in detail on the evaluation.
2.3.3
Cumulative Performance Review. Administrative positions differ in scope and responsibility and the procedures for cumulative performance reviews will vary accordingly. The cumulative performance review shall be conducted in accordance with the following principles, and standards of administrative performance delineated in the UNL Bylaws. These principles and standards will also apply to units other than academic units to the extent appropriate. The principles are:
  1. The supervisor for each administrative officer subject to this policy shall establish the review period of each incumbent. Ordinarily the review period shall be five years, but review periods for initial appointments may be a shorter period. Individuals reporting to the incumbent should be made aware of the review period. In preparation for the review, the incumbent shall prepare a report to the supervisor of (a) the incumbent's past and current objectives and the success in achieving these objectives, and (b) the incumbent's future objectives and proposed plan for achieving these objectives including the officer's success in achieving diversity within the unit. The report or a summary of the report will be made available to the faculty, students, and staff of the unit and to such others in a position to observe, evaluate, and offer information relevant to the incumbent's performance.
  2. The supervisor shall solicit information and comments regarding the incumbent's performance from the faculty, students, and staff of the unit and from such others in a position to observe, evaluate, and offer information relevant to the incumbent's performance. Each person shall be encouraged, on the basis of those aspects of performance that they have directly observed, to suggest how the incumbent could improve performance, to give examples of outstanding performance, and to comment on whether the incumbent should be retained in his or her administrative office. In addition, the supervisor shall invite a representative committee of faculty from the incumbent's unit to provide a written analysis of the incumbent's performance.
  3. Once the supervisor has collected and reviewed all of the information with the incumbent, the supervisor shall meet with the unit's representative committee. In that meeting the supervisor shall review the procedures utilized in conducting the evaluation, the scope of the supervisor's inquiry including such information as the number of individuals from each group who participated in the evaluation, and a listing of any other additional sources of information used in evaluating the incumbent's performance. (Nothing in this section shall permit the supervisor to disclose the identity of any individual providing information or any information that may be confidential.)
    In addition, if the incumbent is reappointed, the supervisor shall discuss with the committee the goals and expectations established with the incumbent to be accomplished during the incumbent's next term. In the event that the incumbent is not reappointed, the supervisor shall discuss with the committee the supervisor's expectations for the incumbent's successor and the characteristics to be sought in the successor.

The evaluation and the decision whether or not to continue the incumbent in, or to reappoint the incumbent to his or her administrative appointment is the responsibility of the supervisor. Reappointment of the incumbent following the periodic review requires a letter from the supervisor formalizing the action. The individuals who were invited to participate in the review will also be informed of the action.

2.4
Selection of Professional Employees.
2.4.1
Selection of Faculty. The primary responsibility for filling an established vacancy on the faculty rests with the department, school, or division in which the vacancy exists. The faculty recommendation shall be forwarded from the department chair to the Dean or Director, to the cognizant Vice Chancellor and from the Vice Chancellor, (with that officer's recommendation) to the Chancellor. If a faculty recommendation does not receive higher administrative approval, the reasons shall be reported to the department in detail pursuant to Section 2.10 of the Regents Bylaws.
2.4.2
Selection of Administrators. The selection of administrative positions at UNL shall comply with the intent of Section 2.1 of the Regents Bylaws setting forth the interrelationships of the Board of Regents, the Administration, the Faculty, and the Student Body and Section 2.5 of the Regents Bylaws specifically providing for selection of Chancellors, Vice Chancellors, Deans and equivalent positions.
2.5
Major Administrative Positions. The administrative positions or their equivalents subject to this section are: the Chancellor, the Vice Chancellors, College Deans, the Dean of Graduate Studies, the Dean of Libraries, the Dean of Continuing Studies, and the Directors of the Agricultural Research Division, Cooperative Extension Division, Conservation and Survey Division, University Educational Television, and Intercollegiate Athletics.
2.5.1
Except for the Chancellor, whenever a vacancy occurs in any of the above positions, within 90 days the Chancellor or the Vice Chancellor responsible for initiating the appointment shall establish a search advisory committee which shall prepare a list of acceptable and qualified candidates. The name of the person recommended for the position must appear on the list.
2.5.2
Whenever a vacancy occurs in a senior administrative position at the level of vice chancellor or dean, and assuming the position is to be refilled, the appropriate selecting officer shall promptly appoint an advisory committee to assist the selecting officer in the search for suitable candidates to fill the position. The size, composition of, and representation on each advisory committee shall be determined by the selecting officer in consultation with the elected heads of ASUN and the Academic Senate, provided that each advisory committee shall include representatives of the principal constituencies with which the position in question interacts. The faculty members shall constitute a plurality of the committee. In making appointments to an advisory committee of faculty and student representatives from within the major administrative unit of which the position in question is a part, the selecting officer shall choose from lists of faculty and students submitted by the Academic Senate and ASUN respectively, provided that each such list shall be prepared in consultation with the selecting officer and shall contain a number of names which is at least twice the number of representatives to be chosen there from.
2.5.3 The selecting officer shall designate one of the members of the search committee to serve as its chair. The committee shall develop rules of procedures, ascertain the nature of the position to be filled and its qualifications, and shall make these matters, and the full membership of the committee, public.

A search advisory committee shall solicit and receive suggestions and recommendations for filling the position from all sources -- Regents, Administrators, Faculty, Students, and the Public. The committee shall be allowed sufficient time and resources to make a thorough search and full deliberation, but the work shall proceed without undue delay.
2.5.4 Any search advisory committee member seriously considered for the position should either resign from the committee or withdraw from further consideration.
2.6 Other Administrative Positions. For other administrative posts which involve academic or policy-making functions and responsibilities, including department chair, the selection procedure used shall be analogous to that of Section 2.4.2 except that a less formal procedure, agreed upon by the faculty and administration involved, may be substituted in a specific situation.
2.7 New Administrative Positions. Whenever a new academic administrative position is being considered, the Chancellor shall consult with the Academic Senate and ASUN as to whether or not the new position is desirable and whether or not the position should be filled in accordance with the provisions of Section 2.4.2 of these UNL Bylaws.
2.8 Temporary Administrative Appointments. When conditions necessitate doing so, an administrative position may be filled temporarily without formal search procedures by a person in an interim capacity. However, this section may not be used to circumvent normal search procedures described above. An interim administrator has all the powers and responsibilities of a permanent appointee and may be a candidate for the permanent position.
2.9 Information About University Personnel.
2.9.1 "University Personnel" means all persons included within the definitions contained in Sections 3.1 through 3.1.3, inclusive, of the Regents Bylaws.
2.9.2 UNL shall collect, retain, and release information about University Personnel only if the information is necessary for the operation of the University of Nebraska.
2.9.3 UNL shall not collect, retain, or release any information about University Personnel which pertains to a person's religious or political views, or to membership in, or association with, any organization by means of which a person exercises religious or political views, or to membership in, or association with, any organization by means of which a person exercises religious or political rights.
2.9.4 Information about University Personnel necessary for the operation of the University of Nebraska shall not be released to any person employed by, or connected with, UNL unless the information is necessary for the person to whom the information is released to perform his/her University duties, nor without knowledge of the person to whom the information pertains. Release of information to members of the Board of Regents shall be in accordance with Section 1.4.4 of the Regents Bylaws.
2.9.5 Information about University Personnel other than matters within the public domain shall not be released to any person not employed by, or connected with, UNL without the express consent of the person, or persons, to whom the information pertains.
2.9.6 Nothing in these Bylaws shall prevent the collection, retention, and release of information about University Personnel where such information is needed for governmental research and analysis if the identity of the person, or persons, to which the information pertains is not disclosed.
2.9.7 Nothing in these Bylaws shall interfere with, or deny in any way, the confidential nature of University Personnel records specified in Section 1.4.4 of the Regents Bylaws, or deny, or affect in any way, the privilege of any person to redress rights granted by any applicable law or by these UNL Bylaws.
2.9.8 Each person included within the term "University Personnel," as defined in Section 2.9.1 above, shall have a right to inspect and make copies of any information pertaining to him/her, and shall have the right to respond in writing to such information and to have such response attached to the information. This shall include, but is not limited to, any and all information, and evaluative commentary, used in any form of personnel evaluation and the identity of persons with access to this information. Further, except as explicitly allowed for in the Guidelines for the Evaluation of Faculty, no anonymous material may be included in such information.
2.9.9 The UNL Chancellor or designee and the Corporation Secretary of the University of Nebraska shall promulgate rules pertaining to the destruction of information no longer needed for the operation of the University of Nebraska-Lincoln, and the custodian of such information shall effect its destruction in accordance with such rules.