Provost & Academic V.P. Western Illinois University 1 University Circle 211 Sherman Hall Macomb, Illinois 61455 Phone: 309/298-1066 E-mail: PS-Brown@wiu.edu

WIU/UPI Agreement 2001-2005

Article 39: Termination, Unit B

39.1. Termination of an employee may be effected for adequate cause, including violation of employment obligations or professional ethics as specified in Board or University policy, rules and regulations, or in this Agreement. Termination is effected only by action of the Board of Trustees upon recommendation of the University President.

39.2. Before an employee is served a notice of intent to seek termination, every attempt shall be made to resolve the matter informally. The University President shall, when practicable, hold at least one meeting with the employee to discuss possible remedial actions by the employee or to discuss settlement of the matter. This meeting will follow consultation with the appropriate administrators. The Union Chapter President shall be informed of this meeting, and a Union representative shall, with the consent of the employee, be present at the meeting. The employee shall receive prior written notice of the purpose of the meeting including identification of the topic(s) to be discussed. Additional meetings may be held until either the employee or the University President or designee notifies the other in writing of her or his belief that further meetings will not be productive.

39.3. Within 10 days of notification by either the employee or the University President that further informal meetings will not be productive, the University President shall provide the employee written notification of one of the following:

1. no further action will be taken and all references to the matter will be removed from the employee's personnel file; or
2. no further action will be taken but documentation pertaining to the matter will be left in the employee's personnel file; or
3. a lesser sanction has been deemed appropriate, in which case a sanction hearing panel will be convened, if applicable and requested within two calendar weeks; or
4. specific remedial actions are to be taken by the employee; the date by which these actions are to be taken, and the method for evaluating the success of the remedial actions; or
5. the terms on which the matter is to be settled; or
6. notice of intent to seek termination.

39.4. Notice of intent to seek termination shall include a statement of reasons.

39.5. Within 20 working days of receiving notification of intent to terminate, the employee has the right to request a formal hearing before a panel of five peers (Associate Faculty or Academic Support Professionals as applicable).

1. The panel will be selected by the University President and the Union Chapter President or their designees, who will draw by lottery five names from a pool of Academic Support Professionals or Associate Faculty, as applicable.
   1. ) The pool will consist of all employees in the Academic Support Professionals or the Associate Faculty, as applicable, who have been employed at the University for more than five years.
   2. ) The University President and the Union Chapter President will each have the right to veto five names.
2. Every effort shall be made to adjust the schedule for hearings to accommodate the assignments of the employees on the panel. When not under contract, employees serving on the panel may be given compensation.

39.6. A hearing must be held within 90 days of the employee's request for a hearing. The hearing shall be attended by the appropriate Vice President or designee, the appropriate administrator(s), the employee, a Union Representative, and legal counsel if requested. If legal counsel is present at the request of the University the expense will be paid by the University; if legal counsel is present at the request of the employee the expense will be paid by the employee. Notice of this hearing shall be given to the employee and the Union. The employee will be afforded the opportunity to present witnesses and to confront and cross-examine all witnesses. The burden of proof that there is adequate cause for termination rests with the University and shall be satisfied only by clear convincing evidence in the record considered as a whole. The University shall employ a certified court reporter to provide an official record of the hearing, a copy of which shall be provided to the employee.

39.7. The panel shall review the reasons for the proposed termination and any related documentation. The panel may request any additional information or witnesses they deem necessary.

39.8. The panel will submit its recommendation to the employee and to the University President within 15 working days of the last day of the hearing. The panel may determine that there is, or is not, adequate cause for termination. If a sanction less than termination is found appropriate, the panel may make such recommendation (see Article 38). All recommendations shall be supported with reasons based on the evidence presented at the hearing.

39.9. The University President shall submit her or his recommendation to the employee by certified, restricted delivery mail within 30 calendar days of receiving the panel's recommendation. The University President's recommendation, along with that of the Hearing Panel shall be delivered to the Board for final action.

39.10. The Board shall be provided copies of all official notifications, recommendations and accompanying documentation.

39.11. The Board will notify the employee of its decision within 60 days of receipt of the President's recommendation.

39.12. An employee served with notice of termination may be suspended with compensation or reassigned by the University President if she or he is of the opinion that the employee's presence in her or his appointed position constitutes a threat of health, safety or bodily harm or represents a threat of substantial disruption or substantial interference with the normal and lawful activities of the University members individually or collectively, or harm to property. The University President, or designee, may also direct that the employee be removed and barred from University property. If, following the hearing process described above, it is determined that no actions against the employee will be imposed, the employee will be restored to her or his appointed position.

39.13. Records of previous disciplinary actions involving conduct of the same or similar nature may be used by the panel or University President.

Artilce 40: Staff Reduction Procedures, Unit B

40.1. An employee may be laid off as a result of demonstrable financial exigency or demonstrable enrollment reduction, or as a result of a modification of curriculum or program instituted through established program review procedures. If financial exigency is asserted as the basis for a layoff, the financial exigency must be demonstrated to be University-wide.

40.2. If the Board decides it is necessary to lay off employees according to Article 40.1, the factors which will be considered are: length of full-time service at the University, including approved leaves; length of full-time service in the department/unit, including approved leaves; educational qualifications; professional training; and professional experiences. The layoff of employees shall be in the order listed below:

1. ) Temporary employees;
2. ) Employees based on seniority for ASPs, seniority within the roster for Associate Faculty, and program need.

40.3. The University shall make a reasonable effort to locate other equivalent employment within the University for a laid-off employee prior to the effective date of her or his layoff. The results of such effort shall be made known to the person affected. The effort to locate other equivalent employment shall include a review of the possibility of an assignment with duties in more than one unit, part-time employment, transfer to another unit or position pursuant to Article 36, or retraining pursuant to Article 41. Alaid-off employee who accepts such other bargaining unit employment shall, with University approval, retain accumulated rights or benefits.

40.4. An Academic Support Professional shall be given the same notice in the event of a layoff as would be given in the event of non-renewal of her or his appointment. The notice requirements shall not apply in cases of extreme and immediate financial exigency.

40.5.

1. Prior to the effective date of her or his layoff, an employee given notice of layoff may request a meeting with the Academic Vice President to establish: (1) the description of the employee's position at the time she or he was given notice of layoff and (2) the areas of bargaining unit employment for which the employee is qualified on the basis of training or experience.
2. The University will maintain a list of employees who are laid off for a period of three years after the layoff. If an employee's position at the time she or he was given notice of layoff is reinstated during such period, the employee shall be sent notice of that fact at the employee's last known address and offered reemployment. It shall be the employee's responsibility to keep the University advised of the employee's current address. An offer made pursuant to this section should be sent by certified mail and must be accepted within 30 calendar days, such acceptance to take effect not later than the beginning of the academic term specified in the offer. If the offer is not accepted, the employee's name may be deleted from the list and, if so deleted, the University shall have no further obligation to the employee.
3. During the three-year period specified in Article 40.5.b. above, notice of bargaining unit employment opportunities at the University for which the employee is qualified shall be sent to the employee at her or his last known address. If the employee applies for consideration for any such employment opportunity, she or he shall be granted an interview. If the employee fails to apply for the opportunity within 15 days from the date the notice is sent to the employee, or if the employee is not offered reemployment, her or his name shall remain on the layoff list for the remainder of the period specified in Article 40.5.b. above.
4. An employee who held a tenured position on the date of layoff shall resume tenure if the position is reinstated and an offer of reemployment in that position is accepted. An employee who has been laid off and who accepts reemployment in a bargaining unit position at the University shall, upon reemployment, be credited with any sick leave which the employee had accrued as of the effective date of layoff, and with any annual leave which the employee had accrued as of the effective date of layoff and for which the employee has not received payment. The salary of a laid-off employee who resumes employment in a bargaining unit position at the University shall be adjusted to reflect non-discretionary increases to which the employee would have been entitled if not laid off.

40.6. An employee who is laid off may continue to contribute toward and receive the benefits of any State or Board insurance program and may continue to contribute toward and receive retirement credit in the State Universities Retirement System if the laws, rules, regulations, policies, and procedures governing the administration of such insurance programs or the State Universities Retirement System so permit.

Article 41: Compensable Fringe Benefits, Unit B

41.1. During the terms of this agreement, employee benefit programs (health, life, etc.) shall be provided to all employees covered by this agreement who are eligible to participate in those programs in accordance with the Illinois State Employees Group Insurance Act, Illinois Compiled Statutes, 5 ICLS, 375/1 et.seq., as amended. The parties agree to accept all of the terms and conditions in employee benefit packages as determined by the Department of Central Management Services to be intended to apply to employees of Western Illinois University. Changes or modifications in benefits, benefit levels or to the types of employee benefit packages that may be offered is the exclusive right of Central Management Services. The costs for participation in any of the employee benefit programs that Central Management Services determines to be contributory by the employee and costs for optional coverage are the sole responsibility of the employee. This article will be subject to renegotiation pursuant to the provisions of Article 15.1.a.

41.2. Administrative Educational Leave (applies only to Academic Support Professionals)

1. Eligibility
   An Administrative Educational Leave is granted at the discretion of the University President. An employee may receive an Administrative Educational Leave only after completing at least five years of full-time service at the University. An Administrative Educational Leave shall not be awarded to the same employee more than once in every seven academic years and Administrative Educational Leave time shall not be cumulative.
2. Uses
   Administrative Educational Leave may be used for the following purposes:
   1. ) study and research;
   2. ) professional growth related to the Academic Support Professional's responsibilities as described in the official job description.
3. Availability
   The number of Administrative Educational Leaves shall be determined at the beginning of each academic year. The number shall be one Administrative Educational Leave for each 25 employees, or major fraction thereof, provided that at the University there shall be at least one Administrative Educational Leave every two years.
4. Procedures
   Administrative Educational Leave proposals shall be reviewed according to procedures established by the University. The University President may deny a request for an Administrative Educational Leave on the grounds that the proposal does not advance the goals of the University or the professional development of the applicant. Within ten working days of a notice of denial, the University President, upon written request of the applicant, shall provide a written explanation for the denial to the employee who submitted the proposal.
5. Priority
   If the number of acceptable Administrative Educational Leave proposals exceeds the number of available Administrative Educational Leaves at the University, priority of award shall be determined on the basis of years of service at the University or years of service since the last Administrative Educational Leave. If an employee has never had an Administrative Educational Leave from the University, her or his priority shall be determined on the basis of years of fulltime service at the University. If an employee has had an Administrative Educational Leave from the University, her or his priority shall be determined on the basis of the number of years since the employee's last Administrative Educational Leave.
6. Terms
   Salary payments during Administrative Educational Leave shall be: one-half pay if leave is granted for a full year; full pay if leave is granted for one-half year.
7. Conditions
   The Academic Support Professional shall, prior to the granting of Administrative Educational Leave, enter into a written agreement with the Board that upon termination of such leave the Academic Support Professional will return to the University for a full year and that, in default of completing such service, will refund to the University, unless excused therefrom by the Board for reasons satisfactory to it, an amount equal to such proportion of salary received while on leave as agreed bears to the whole amount of service agreed to be rendered. Such written agreement will be cancelled at the end of the required year of service, or upon the non-retention, death, or permanent disability of the employee.

41.3. Retraining Leave

1. The University President, at her or his discretion, may grant a retraining leave to an eligible employee for the purpose of acquiring new skills for the benefit of the University.
2. The University will establish procedures for submission of applications for retraining leaves. Applications shall specify the purpose, method, and timetable of the retraining leave.
3. Applications submitted pursuant to Article 40, Staff Reduction Procedures, shall be considered at any time. If successful completion of a retraining leave might lead to transfer of the applicant to a specific department in the University, the University President will provide that department an opportunity to discuss the retraining leave proposal.
4. The term of a retraining leave may be for a period of up to 12 months. Retraining leaves may be renewed at the discretion of the University President. Compensation for retraining leaves shall be at no less than half pay.
5. Each employee who is granted a retraining leave shall agree to serve at a University for at least three academic years after the completion of the leave and shall give a judgment note to the Board of Trustees for the amount of the retraining leave, said judgment note to be cancelled at the end of the required period of service or at the death or permanent disability of the employee, or if the employee is non-retained.
6. Upon completion of a retraining leave an employee shall file a written account of retraining activities and accomplishments with the appropriate University Vice President. If after successful completion of a retraining leave, an employee is transferred to another department, her or his transfer shall be made in accordance with the provisions of Article 36 (Transfer).
7. There shall be no evaluation of an employee for the purpose of retention during the period of a retraining leave. h. Time spent by an Academic Support Professional on a retraining leave will not be credited for the purpose of determining eligibility for Administrative Educational Leave.

41.4. Parental Leave

An employee may use up to 20 work days of earned sick leave per academic year for parental leave upon the birth or adoption of a child of the employee. Non-emergency requests for parental leave of more than ten work days shall be submitted to the immediate supervisor and the appropriate Assistant Vice President 30 days in advance and are subject to the consideration of maintaining efficiency of operations. Such requests shall not be unreasonably denied.

41.5. Annual Leave

1. An Academic Support Professional who is employed on a 10, 11, or 12 month contract shall earn annual leave at the rate of two days per month during each month or major fraction thereof of service in full-pay status. Employees on less than a 10-month contract shall not be eligible for annual leave. An employee who is employed on a 12-month contract may accrue annual leave during the term of employment at the University up to a maximum of 48 days. An employee who has accrued the maximum will earn no further annual leave until the employee's use of annual leave reduces the accrual below the maximum. An employee who is required to work on a special assignment may, at the discretion of the University President, or her or his designee, be permitted to earn up to 12 days of vacation leave beyond the maximum of 48 days. Such additional annual leave must be used within 12 months after the employee completes work on the special assignment. Upon cessation of employment, an employee, or such employee's estate, shall be entitled to a lump sum payment for accrued annual leave. Annual leave days eligible for lump sum payment shall be computed by determining the number of days, or fractions thereof, accrued by the employee and subtracting any days, or fractions thereof, used by the employee.
2. Annual leave shall be earned before being taken. All requests for annual leave must receive approval prior to the leave being taken. Requests for annual leave in excess of three days shall be submitted to the employee's supervisor at least 30 days in advance of the date on which the employee wishes to begin leave.
3. A response shall be given within seven days to a request for annual leave in excess of three days. Approval of the dates on which an employee wishes to take annual leave shall be at the discretion of the appropriate University Vice President and shall be subject to the consideration of maintaining efficiency of operations. A request for annual leave shall not be unreasonably denied.
4. Deductions of annual leave shall not be made for any Board-approved holiday. During the contractual period of appointment, any employee not on approved annual leave shall be accessible in accordance with Article 32.

41.6. Military Leave

1. An employee who is a member of any reserve component of the United States Armed Forces or of any reserve component of the Illinois State Militia, shall be granted leave for any period actively spent in such military service, while under contract, including:
   1. ) basic training;
   2. ) special or advanced training, whether or not within the State, and whether or not voluntary; and
   3. ) annual training.
2. During leaves for annual training, the employee while under contract shall continue to receive her or his regular compensation. During leaves for basic training and up to 60 calendar days of special or advanced training, if such employee's compensation for military activities is less than her or his compensation as an employee, she or he shall receive her or his regular compensation as an employee minus the amount of her or his base pay for military activities. The deduction of military pay from the salary of an employee shall be reflected in the first payroll prepared after verification of the amount of the employee's military pay.
3. A member of the National Guard (or other State military component) who is called to temporary active duty in case of civil disturbance or natural disaster declared to be an emergency by the Governor may receive a combined salary from the University and the military equal to, but not exceeding the employee's pro rata daily rate for work days absent. If the daily rate received for temporary active duty exceed the daily rate of the employee from the University, the employee may elect to accept the higher rate in which instance the employee shall receive no compensation from the University. The amount of compensation received for temporary active duty shall be reported to the University within 30 days after release from temporary active duty. Appropriate adjustment to offset the amount received shall be made on the next regular payroll. Time used for temporary active duty shall not be deducted from the time allowed for regular military training periods in accordance with Articles 41.6.a. and 41.6.b.

41.7. Sick Leave

1. Sick leave may be used for injury or illness of an employee, including temporary disabilities caused or contributed to by pregnancy. An employee may use up to ten days of earned sick leave per academic year for absences resulting from the illness or injury of a parent, spouse, or child. Upon approval of the appropriate University Vice President, an employee may use additional accrued sick leave for such absences.
2. Nothing herein shall be construed to prevent or limit the University from requiring appropriate verification, or from taking action on the results of such verification, of the legitimacy of the use of sick leave by an employee where the University has reason to doubt the legitimacy of such use.
3. Nothing herein shall be construed to prevent or limit a University from requiring appropriate documentation prior to a return to work from sick leave. Such documentation would indicate approval to return to work and state any limitations on such approval which might affect scheduling and/or performance of assigned duties and necessitate modification of the assignment. In such cases, sick-leave days used will be pro-rated until the employee is able to return to a full-time status.
4. An employee may accrue sick leave during the term of employment at the University up to a maximum of 300 work days. An employee who accrues the maximum will earn no further sick leave until the employee's use of sick leave reduces the accrual below the maximum. An employee who accrues the maximum, and whose sick leave balance includes cumulative sick leave earned before January 1, 1984, shall continue to earn cumulative sick leave at the rate of not more than 1.5 days per month, provided that the sick leave balance of such employee remains at the maximum by the deduction there from of not more than 1.5 days per month of cumulative sick leave earned before January 1, 1984. An employee who accrues the maximum, and whose sick leave balance does not include any cumulative sick leave earned before January 1, 1984, will earn no further sick leave until the employee's use of sick leave reduces the accrual below the maximum. This provision becomes effective for Associate Faculty on September 1, 1996; these employees shall retain any previously accrued sick leave.
5. An employee, while in pay status, shall earn non-cumulative sick leave at the rate of 10 days per year of employment, which shall be credited to the employee at the beginning of the employment year, starting with the first year of employment. Employees, while under contract, shall earn cumulative sick leave at the rate of 1.5 days per month. An employee on part-time appointment shall earn sick leave on a pro rata basis.
6. Upon cessation of employment for at least 30 days, an employee, or such employee's estate, shall be entitled to a lump sum payment for accrued sick leave earned on or after January 1, 1984 through December 31, 1997.
7. The lump sum payment for accrued sick leave shall be computed as the product of the employee's daily rate of compensation and one-half of the lesser of the following:
   1. ) the number of days, or fractions thereof, of accrued sick leave earned by the employee in accordance with Section 41.7.d. above minus any days, or fractions thereof, of accrued sick leave used by the employee; or
   2. ) the number of days, or fractions thereof, of accrued sick leave earned by the employee in accordance with Section 41.7.d. above after December 31, 1983. Accrued sick leave days shall be used in the order in which they have been accrued.
8. An employee who has received a lump sum payment for accrued sick leave in accordance with this Section and who, within two years of the cessation of her or his employment with the Board is reemployed by the Board, may have her or his accrued sick leave restored if, within 30 days after the commencement of such reemployment, the employee repays said lump sum payment to the Board. For each day of sick leave to be restored, the employee shall repay the gross amount she or he was paid for one day of accrued sick leave. An employee may have part or all of her or his accrued sick leave restored in this manner; however, if the employee does not make any such repayment to the Board, she or he shall not be entitled to have any such sick leave so restored.
9. Upon recommendation of the appropriate University Vice President, the University President may grant an employee a leave with full pay for a period not to exceed 60 calendar days, if the employee:
   1. ) has completed at least three full academic years of service at the University;
   2. ) has exhausted all sick leave benefits under the terms of this Agreement;
   3. ) is a participant in the State Universities Retirement System; and
   4. ) is entitled to and has applied for disability benefits under the State Universities Retirement System.
10. Sick leave must be taken in units of no less than one-half day. Sick leave must be filed whenever an employee is unable to perform her or his professional obligations, either on or off campus, for reasons of illness or injury. Procedures for reporting sick leave will be developed in the University and provided to each employee. An employee on sick leave will remain in that status until she or he informs the University that she or he is able to return to work.
11. Sick leave may be used only during the term of an employee's period of appointment. Deductions of sick leave shall not be made during any Board approved holiday. One day of sick leave shall be deducted for each day the employee is absent because of injury or illness. No more than five days of sick leave shall be deducted in any one calendar week unless the employee is scheduled for more than five days.

41.8. Personal Leave

Up to 5 days of earned (cumulative) sick leave per year may be used for personal days. Sick leave used for personal days shall be subtracted from earned sick leave.

All requests for personal leave must receive approval from employee's supervisor prior to the leave being taken.

41.9. Professional Meetings and Work-Related Travel

1. An employee's expenses in connection with approved professional meetings or activities may be reimbursed in accordance with written University policy.
2. An employee shall receive a reimbursement for authorized travel required by the employee's work assignment in accordance with written University policy.

41.10. Bereavement Leave

1. Leave with pay of up to five consecutive days per occurrence will be granted to an employee in the event of the death of a member of the employee's immediate family or a relative. Bereavement leave may only be used during the term of an employee's contract. Bereavement leave shall be taken in not less than one-half day increments and may not be accrued.
2. Upon approval by the appropriate University Vice President, an employee may use accrued sick leave for bereavement leave in excess of five days.

41.11. Leave for Court-Required Service An employee who is summoned for jury duty or subpoenaed as a witness before a court of competent jurisdiction or as a witness in a proceeding before any federal or state administrative agency shall be granted leave with pay and any jury or witness fees may be retained by the employee provided that no employee shall be given leave with pay for (a) appearing as a party in a non-job related proceeding involving such employee, (b) appearing as an expert witness when the employee is compensated for such appearance, or (c) appearing as a plaintiff or complainant in a proceeding in which the Board or University is a defendant or respondent.

41.12. Educational Benefits

1. A full-time employee may enroll for credit at the University for a maximum of two courses or six credit hours, whichever is greater, in any one academic term with exemption from the payment of tuition and fees.
2. Apart-time employee may enroll for credit at the University for a maximum of one course or three credit hours, whichever is greater, in any academic term during which she or he is employed, with exemption from the payment of tuition and fees.
3. The natural, adopted, foster, or step-children, or the spouse of any employee who dies while in service shall be entitled to a waiver of tuition and fees up to and including the baccalaureate degree at the University. Should both parents be employees, the death of one parent make the child eligible for a waiver. Children of divorced employees are eligible if the deceased employee had been contributing to their support.

41.13. Benefits While on Compensated Leave

1. An employee on compensated leave may continue to contribute toward and receive the benefits of any state or Board insurance program and may continue to contribute toward and receive retirement credit in the State Universities Retirement System if the laws, rules, regulations, policies, and procedures governing the administration of such insurance programs or the State Universities Retirement System so permit.
2. Upon return to the University from a compensated leave, an employee's salary shall be adjusted to reflect non-discretionary increases which the employee would have received if not on leave.

41.14. Previously Accrued Leave

1. If an employee has accrued cumulative annual leave and moves into a position in which annual leave is not accrued, that employee's accrued cumulative annual leave will be maintained on the University's records until the employee moves into a position in which annual leave may be accrued, at which point the employee shall be credited with previously accrued annual leave days, or until the employee leaves the employment of the University, at which point the employee shall be entitled to a lump sum payment in accordance with Board Regulations.
2. If an employee has accrued cumulative sick leave and moves into a position in which sick leave is not accrued, that employee's accrued cumulative sick leave will be maintained on the University's records until the employee moves into a position in which sick leave may be accrued, at which point the employee shall be credited with previously accrued sick leave days, or until the employee leaves the employment of the University, at which point the employee shall be entitled to a lump sum payment in accordance with Articles 41.7.g. and 41.7.h. above.

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