Employment Policies and Procedures

Interpretation of Board Policy 405.1 (UASP 421.1)
Board Policy 405.1 provides that the chairperson initiates promotion and tenure considerations. However, promotion and/or tenure consideration of a chairperson who is not tenured or who is not a full professor should be initiated by his/her dean or individual to whom he/she reports.Further, a faculty member who is not recommended for promotion by his/her chairperson or other responsible individual may request that his/her file be forwarded for consideration at the next level of administrative review, in which case the individual’s application will be considered as having received a negative recommendation from the chairperson or other responsible individual.
Graduate Assistants (Termination of Employment)
Graduate assistants, graduate associates, and teaching assistants (hereinafter collectively referred to as “graduate assistants”) assist with University programs and research but are first and foremost students. Subject to the procedures set out below, their appointments may be terminated at any time for convenience or for cause, or due to abandonment of the assistantship, or may be terminated following notice for unsatisfactory performance.For purposes of this policy, expiration of appointment, or non-reappointment, is not a termination. Further, “graduate assistant” refers to all of those graduate students who are receiving a stipend and/or tuition benefits in exchange for duties associated with a University department or unit. These positions may be referred to as graduate associates, graduate assistants, senior graduate assistants, teaching assistants, fellows, or the like. 1 For purposes of this policy, grounds to terminate the appointment of a graduate assistant for cause include, but are not limited to those examples set out in Board Policy 405.1, which applies to faculty.
1. Termination for convenience shall be effected by giving written notice, at least sixty (60) days in advance of the end of the appointment.
2. With respect to dismissal for cause 1, excluding unsatisfactory work performance, dismissal shall be effective immediately upon notification, and no advance notice shall be required, although the graduate assistant may seek post termination review of the action pursuant to the campus grievance procedures for graduate students.
3. Termination due to abandonment of the assistantship shall be effective immediately upon notification.
4. With respect to unsatisfactory work performance, graduate assistants shall be given written notice of the possibility of termination, with a statement of actions pertaining to the duties of the assistantship to be taken within a specific time period to achieve satisfactory performance. These expectations must be appropriate to the nature of the appointment. If a graduate assistant so notified does not meet the requirements of satisfactory performance within the time frame specified, the student may be terminated from his or her a p p o i n t m e n t immediately.
5. In the case of grant termination or loss of appropriated funds, termination may be immediate or with reduced notice.For purposes of this policy, expiration of appointment, or non-reappointment, is not a termination. Further, “graduate assistant” refers to all of those graduate students who are receiving a stipend and/or tuition benefits in exchange for duties associated with a University department or unit. These positions may be referred to as graduate associates, graduate assistants, senior graduate assistants, teaching assistants, fellows, or the like. 1 For purposes of this policy, grounds to terminate the appointment of a graduate assistant for cause include, but are not limited to those examples set out in Board Policy 405.1, which applies to faculty.
University and Distinguished Professorship
The University of Arkansas acknowledges outstanding faculty through conferring the ranks of “University Professor” and “Distinguished Professor.” These ranks are granted pursuant to Board Policy 405.1, governing Promotions and Tenure, and require Board approval. Promotion to the rank University Professor or Distinguished Professor is reserved for only a few and the very best faculty in recognition of sustained excellence in the performance of their duties. Faculty members holding these ranks are expected to conduct themselves in a manner commensurate with the status and importance of these positions in order to continue to hold these ranks.Faculty who hold named or endowed professorships that contain the word “university” or “distinguished” in their title but whose appointments into such positions did not require Board approval as required pursuant to Board Policy 405.1 do not hold the rank of University Professor or Distinguished Professor as contemplated in this policy. Appointments for such professorships are subject to the policies and procedures for conferring the award established by a particular campus.
Each campus shall be responsible for establishing policies and procedures for promotions to the rank of University and Distinguished Professorships, consistent with the principles set forth below:University Professor
The rank of University Professor is conferred only upon active faculty in recognition of an extended period of exemplary service in a spirit of collegiality at the faculty member’s campus and a combination of service in their profession and to the public through their professional activities.Appointments to this rank shall be made only when the faculty member has demonstrated an extended period of documented exemplary service to the campus and has gained wide recognition at the national or international level for sustained excellence in service, teaching, research or creative activity germane to the faculty member’s respective discipline and academic role while serving as a member of the faculty of the campus.
The rank of University Professor is limited to active tenured faculty who hold the rank of Professor, or incoming faculty who will be awarded tenure and who hold credentials of similar merit from another university or other venues. 1 Action taken by the Board to approve a salary over line item maximum (LIM) from an endowment or private fund that is associated with the named or endowed professorship does not constitute Board action pursuant to 405.1 for purposes of conferring the rank of University or Distinguished Professor.
Distinguished Professor
The rank of Distinguished Professor is to be reserved for those individuals who are recognized nationally and internationally as intellectual leaders in their academic disciplines for extraordinary accomplishments in teaching, published works, research, creative accomplishments in the performing arts or other endeavors, and who have gained such recognition for distinction at this or another university prior to appointment as distinguished professors.
Appointments to this rank shall be made only when clear indication exists that individuals so appointed will provide exemplary academic and intellectual leadership and continue their professional activities in such a way as to maintain national and international recognition and a commensurate level of accomplishment.
Patent and Copyright
While inventions are not the primary objective of university research, when they occur the University of Arkansas at Pine Bluff has the responsibility of insuring that such inventions are used and controlled in a manner that benefits the public, the inventor, and the university to the fullest extent possible. It shall be the policy of the university to acquire and retain legal title to all inventions created by any person or persons to whom this policy is applicable. Inventors shall retain rights in inventions which the university has chosen not to claim under this policy or pledged to a third party as a result of a grant, contract, cooperative agreement, or other sponsored research agreement. This policy shall apply to all persons employed, compensated or appointed by the University and to anyone using facilities owned, operated, or controlled by the University. It shall also apply to all inventions financed, in whole or in part, from funds under the control of the University. There are both University wide and UAPB campus Patent and Copyright Committees. The UAPB campus committee is responsible for implementing the University Patent and Copyright Policy for the campus and for the Division of Agriculture.
Drug-Free Workplace
It is the policy of UAPB to maintain an educational and working environment free from the influence of unlawful drugs. Therefore, the manufacture, possession, use or dispensing or distribution of drugs and/or alcohol by any employee, on any property owned or maintained by UAPB, or as a part of any UAPB activity, is strictly prohibited. Employees who violate this policy may be subject to disciplinary action, up to and including termination of employment, as well as state and federal law enforcement agencies.
Alcohol (Board of Trustees Policy 2)
UAPB is committed to providing a safe, comfortable and productive work environment. Employees who consume alcohol at work or who appear at work under the influence of alcohol, harm both themselves and the work environment. Such actions may result in disciplinary action up to and including termination.
Smoking (Board of Trustees Policy 235.1)
UAPB is a smoke-free campus. Smoking is not allowed in any building or work at any time. “Smoking” includes the use of any tobacco products (including chewing tobacco), electronic smoking devices, and e-cigarettes. The smoking of tobacco or tobacco products containing tobacco in any form is prohibited within twenty-five feet of an entrance to any building owned or leased by the State of Arkansas.
Weapons
Except as permitted by law, including, but not limited to, Ark. Code Ann. §5-73-322(g), possession, discharge or other use of weapons including, but not limited to, firearms, firearm ammunition, air pistols, air rifles, fireworks, incendiary devices, lock blade or fixed blade knives with a blade length of four inches or greater, blackjacks, metal knuckles, bows, arrows, nun chucks, Tasers, or other electrical stun devices, visible body armor and similar equipment, shields, smoke canisters, or any other such weapons of any description on any grounds, buildings, or vehicles owned or operated by the University, including University residence halls is prohibited. Storage of any weapon, including handguns, is prohibited at any such location, except that a concealed handgun may be stored in a licensee’s locked and unattended motor vehicle. Possession of tear gas type products in personal use quantities for the purpose of self-defense is permissible. The use of tear gas type products for other than self-defense is prohibited.The carrying of concealed weapons by licensed concealed carry holders with enhanced certification is addressed in detail by UASP-290.1-Weapons.pdf (uasys.edu). Violation of this policy may be punishable by disciplinary action up to and including termination.
Nepotism and Related Conflicts of Interest (BP 410.1)
1. Nepotism: Consistent with Ark. Code Ann. § 25-16-1002, no employees who are related shall be placed within the same direct line of supervision whereby one relative is a supervisory employee and responsible for supervising the job performance or work activities of another relative.
  1. Supervision shall include:
    (i) Authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline; or
    (ii) The responsibility to direct, to adjust grievances, or to effectively recommend an action if the exercise of authority is not of a merely routine or clerical nature but requires the use of independent judgment.
  2. Relative shall be defined as a husband, wife, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, sister, stepbrother, stepsister, half-brother, half-sister, brother-in-law, sister-in-law, daughter, son, stepdaughter, stepson, daughter in-law, son-in-law, uncle, aunt, first cousin, nephew, or niece.
2. Conflicts of Interest. Further, to avoid actual or apparent conflicts of interest which may result from such employment, immediate family members shall not supervise or participate in decisions to hire, retain, promote, evaluate, or determine the salary of the other.
  1. For purposes of this policy, an immediate family member shall mean those listed in II. B, as well as an employee’s domestic partner, a person with whom an employee is in a romantic relationship, children of an employee’s domestic partner, and relatives of an employee’s spouse or domestic partner. To the extent permissible under State law, any exceptions shall be approved by the CEO of the 410.1 2 campus, division, or unit; in a case involving the CEO, any exception shall be approved by the President.
  2. Former spouses or domestic partners with continuing contractual or financial obligations to each other shall abide by the same restrictions as those currently in such a relationship.
  3. Campuses, divisions, and units shall address situations covered under this policy through their respective conflict of interest policies.
Recruitment
All vacancies are listed with Human Resources. Employees seeking a promotion/transfer for a vacant position should follow the application process in the job announcement. For detailed information regarding Employment Procedures for staff and faculty positions contact Human Resources or visit the website at Career Opportunities (myworkdayjobs.com).
Probationary Period
New employees, as well as current employees who are promoted to a higher level of responsibility, excluding faculty, will be subject to a ninety (90) day probationary period. The probationary period is intended to provide a supervisor with an opportunity to assess an employee’s performance. During this period, if a supervisor observes an employee performing in an unsatisfactory manner, the supervisor should inform the employee of the area(s) of concern so the employee will have an opportunity to improve performance. Prior to the end of this period, an employee will be evaluated, and a determination made concerning whether employment will be continued beyond the probationary period. At the option of the institution, the probationary period may be extended.
Performance Reviews
The performance of all employees will be evaluated on an annual basis to allow supervisors and employees an opportunity to review and discuss job requirements and performance. The evaluation of an employee’s performance is not limited to the annual review and should be viewed as an ongoing process. Depending on performance, the annual review may result in the employee being placed on a performance improvement plan (PIP) or other disciplinary action. Personnel reviews are not grievable.
Access to Personnel Files
Employee files are maintained by the Human Resources Department and are considered confidential. Employees have the right to inspect their own personnel files and make copies for a fee, but documents may not be removed from their file. Inspection by employees must be requested in writing to the HR department and scheduled at a mutually agreed upon time.
Employee personnel records may also be viewed by University officials who have a legitimate need to review them, such as a supervisor, prospective supervisor if the employee has applied for a promotion or transfer, persons involved in the investigation or settlement of a formal grievance or complaint filed by an employee, an attorney and others who are investigating state workers’ compensation claims. In the event of law enforcement or agency investigation in which the employee’s personnel records are relevant, they may be made available to University attorneys and others involved in the investigation or litigation. Personnel records may also be made available in response to a lawfully issued subpoena or court order.
The University will handle all responses under the Arkansas Freedom of Information Act in accordance with state law.
Outside Employment
While emphasizing the fact that full-time faculty and staff members are obligated to devote their working time and efforts primarily to the campus, UAPB recognizes that a limited amount of outside work for compensation may be advantageous to all concerned. Faculty and staff members are, therefore, encouraged to engage in outside employment that will affirmatively contribute to their professional advancement, or correlate with their position. Such employment should neither interfere in any substantial way with the employee’s duties nor conflict with his/her schedule campus assignments. Written approval from department head and dean shall be obtained in advance of outside employment. Each dean or similar officer shall keep records on outside employment of personnel in his/her own area of responsibility, and determine that the employee does not act as an agent or representative of UAPB. UAPB property or facilities shall not be used for monetary gain except with special permission of the head of the campus.
Health and SafetyThe University’s efforts to maintain a safe and healthy campus environment involve the efforts of a number of departments and units, including:
1. Facilities Management or respective building manager for maintenance of buildings and grounds, safety assistance, and compliance with safety laws and regulations;
2. The UAPB Campus Police department for response to automobile accidents, serious injuries and medical emergencies, violent assaults, crime response and prevention, crowd control for University sponsored events, escort services, and property protection; and
3. Human Resources for work-related injuries or illnesses that may involve a Workers’ Compensation claim.
  If you become aware of any injuries, potentially unsafe or hazardous conditions, or criminal activities, please report them immediately to the appropriate department or unit or to your supervisor.
Protection of Minors on Campus
The University of Arkansas at Pine Bluff is strongly committed to maintaining a safe and secure environment for children. This policy briefly summarizes important steps to protect children on campus or participating in programs that may be connected with the University, and to comply with applicable legal requirements and institutional policies.
Reporting Suspected Child Maltreatment. If any University employee or volunteer reasonably suspects or observes child maltreatment, he or she should immediately do the following, (and must immediately do the following if a mandated reporter):
1. Report, as required by State law, the suspected maltreatment to the state’s Child Abuse Hotline, at 1-800-482-5964. The hotline is toll-free and is staffed 24 hours per day. (In a nonemergency situation only, a report form available at the web site: http://www.arkansas.gov/reportARchildabuse/report_child_abuse.html may be faxed to 1- 501- 618-8952.)
2. Report the suspected maltreatment to the University of Arkansas at Pine Bluff Public Safety Department at 870-575-8102.Thismust occur immediately after the Hotline report is made. After receiving a report of suspected maltreatment, the UAPB Public Safety Department shall promptly coordinate an appropriate response with state officials and local law enforcement, as appropriate. In addition, the UAPB Public Safety Department shall notify the appropriate vice chancellor for any program, location or employee involved in the allegations.
Questions regarding mandatory reporting obligations may be directed to Chief Maxcie Thomas at (870) 575-8102.
Background Checks. The University of Arkansas System and this campus have adopted and begun implementing policies requiring certain types of background checks based on job duties. It is important for all units with programs or personnel involving care or supervision of minors to review and ascertain whether they have identified all positions (including part-time and student worker positions) that must be subjected to criminal background checks (including sex offender checks) as part of the hiring process.
Questions regarding background checks may be directed to the Office of Human Resources at 870-575-8400.
Camps and Other Programs, Activities or Locations Involving Minors. Numerous University units either operate, host programs, or permit third parties to use University facilities involving minors, such as camps. All campus units should carefully review all Page 2 of 2 programs that they operate or host which includes participation by minors, or locations that they control which are frequented by minors, to determine whether additional training or protocols may be needed to help prevent child abuse.
For example: Units that operate their own camps or similar on-campus programs should consider whether further training on preventing child sexual abuse or additional policies governing staffing patterns and interactions between minors and adults is needed. As another example, units should prohibit or strictly limit staff from being alone with children, especially in a place that is isolated or not easily visible to others.
Units that operate facilities or locations frequented by children, and where inappropriate interactions could occur, should consider whether additional policies or measures are needed.
Campus units that host camps operated by non-University entities should require that contracts with such entities properly address such elements as criminal background checks, staffing patterns, training, and insurance/liability.
For information related to Mandated Reporters & Child Maltreatment reference the Protection of Minors on Campus Policy.