Section 2.2 : Professional Employees
(Non-Teaching Professionals)

Responsibilities of Employees
Safety

A professional employee is responsible for the safety of students and employees under his/her supervision. Besides insuring that appropriate safeguards are in effect, professional employees are responsible for insuring that proper medical attention is given when an injury occurs and for completing, where applicable, the required accident report forms.
Personal Liability of University Employees
Section #17 - Indemnification of Officers and Employees of the State

The state shall save harmless and indemnify all officers and employees of the state from financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act by such officer or employee provided that such officer or employee at the time damages were sustained was acting in the discharge of his/her duties and within the scope of his/her employment and that such damages did not result from the willful and wrongful act or gross negligence of such officer or employee and provided further that such officer or employee shall within five days of the time s/he is served with any summons, complaint, process, notice, demand or pleading, deliver the original or a copy thereof to the attorney general

Upon such delivery the attorney general may assume control of the representation of such officer or employee. Such officer or employee shall cooperate fully with the attorney general's defense.

This section shall not in any way impair, limit or modify the rights and obligations of any insurer under any policy of insurance.

The benefits of this section shall inure only to officers and employees of the state and shall not enlarge or diminish the rights of any other party.
Reference: New York Public Officers Law
Article 7A (1977) of the State Finance Law allows any citizen, whether or not specially aggrieved, to bring an action against an officer or employee of the State who in the course of his/her duties has caused, is now causing, or is about to cause, a wrongful expenditure, misappropriation or any other illegal or unconstitutional disbursement of State funds or property. The statute permits the courts to require the offending employee to make restitution to the State for the value of the funds or other property unlawfully expended.

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

Policy 

It is the policy of the University to evaluate on a regular basis the performance of all professional employees and to give such employees consideration for promotion. The Chancellor or designee shall provide for the administration of systems for evaluation and promotion of such employees.

Definitions 

There should exist no serious imbalances in workload among academic employees except under exceptional situations caused by necessity.

 “Promotion” shall mean an increase in a professional employee's basic annual salary with a change in title and movement to a higher salary rank, resulting from a permanent significant increase or change in his or her duties and responsibilities as a consequence of movement from one position to another of greater scope and complexity of function at the same or different college.

 “Immediate Supervisor” shall mean the person designated by the chief administrative officer for the purpose of evaluating professional employees.

Promotion 

 Professional employees may apply, and upon such application shall receive consideration, for promotion to vacant professional employee positions in the Professional Services Negotiating Unit which are to be filled, or for promotion in their present positions, provided, however, that nothing contained herein shall affect or operate to invalidate any promotion or appointment nor shall anything contained herein be construed to require promotions or appointments to vacant positions in the Professional Services Negotiating Unit to be made from among professional employees presently employed by the University.

To request a promotion either you or your supervisor must obtain a Personnel Action Request Form from the Office of Human Resources. For a promotion, the section entitled “Request to Reclassify Professional Position” must be completed in full. You should then forward to the Vice President for Administration in Human Resources the completed form, signed by the appropriate Department Chair or Dean, and attach a copy of your past and current performance programs and your current and requested MAC titles. Should your Department Chair or Dean choose not to forward the paperwork for the promotion to Human Resources, you may submit it without his or her signature. If your request to reclassify the professional position is denied, you have the right to contact the UUP grievance committee (see current UUP contract).

 Prior to making promotions or recommendations to the Chancellor for promotion of professional employees, the chief administrative officer shall review the supervisory evaluation and recommendations relating to such employees, together with the recommendations, if any, of the appropriate professional staff committees established for such purpose.
Evaluation

 Each professional employee in the Professional Services Negotiating Unit shall have his/her performance evaluated by his/her immediate supervisor formally, in writing, once each year during the term of appointment and as changing conditions warrant, except where the employee is serving his/her final year in the University following notice of non-renewal. Such evaluation shall be based on a performance program determined by the immediate supervisor after consultation with the employee, a copy of which shall be given to the employee.

 Performance shall be characterized, in summary, as either satisfactory or unsatisfactory. A professional employee whose performance is characterized as unsatisfactory in a written report resulting from a formal evaluation may seek review of such report by the appropriate professional staff committee established for such purpose.


Criteria

As they relate to the duties, responsibilities and objectives of the position in which a professional employee is being evaluated or for which such employee is being considered for promotion, the following criteria may include but not be limited to:

Effectiveness in performance

As demonstrated, for example, by success in carrying out assigned duties and responsibilities, efficiency, productivity, and relationship with colleagues.

Mastery of Specialization

As demonstrated, for example, by degrees, licenses, honors, awards, and reputation in professional field.

Professional Ability

As demonstrated, for example, by invention or innovation in professional, scientific, administrative, or technical areas; i.e., development or refinement of programs, methods, procedures, or apparatus.

Effectiveness in University Service

As demonstrated, for example, by such things as College and University public service, committee work, and involvement in College or University related student or community activities

Continuing Growth

As demonstrated, for example, by continuing education, participation in professional organizations, enrollment in training programs, research, improved job performance and increased duties and responsibilities.


Action by Chief Administrative Officer

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

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

 Evaluation and promotion of employees shall be made in accordance with Article XII of the Policies.

 Subject to provisions of this Agreement, the system of evaluation for professional employees shall be as specified in the Memorandum of Understanding dated September 30, 1981, between the University and UUP relating to a system of evaluation for professional employees, and the system of promotion for professional employees shall be as specified in the Memorandum of Understanding dated August 8, 1989, between the University and UUP relating to a system of promotion for professional employees. Such Memoranda of Understanding shall be statements of mutual intentions and shall not constitute agreements under Article 14 of the Civil Service Law or for any other purpose.




Service Credit

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

 In determining eligibility for permanent appointment under this section, satisfactory full-time prior service in a professional title at any one college of the University may, at the request of the professional employee and in the discretion of the Chancellor, or designee, be credited as service, up to a maximum of three years, at the time of appointment at another college. Waiver of all or part of this service credit shall be granted upon written request of the employee to the chief administrative officer not later than six months after the date of appointment at the college.

 In computing consecutive years of service for the purpose of appointment or reappointment of professional employees, periods of leave of absence at full salary and periods of full-time service in probationary and temporary appointments granted pursuant to this Title shall be included; periods of leave of absence at partial salary or without salary and periods of part-time service shall not be included but shall not be deemed an interruption of consecutive service for other purposes.




Leave of Absence
Sabbatical Leave

Policy

Sabbatical leaves for professional development may be made available to members of the professional staff who meet the requirements set forth below. The objective of such leave is to increase an employee's value to the University and thereby improve and enrich its program. Such leave shall not be regarded as a reward for service nor as a vacation or rest period occurring automatically at stated intervals.

Purpose

Sabbatical leaves shall be granted for planned travel, study, formal education, research, writing or other experiences of professional value.

Eligibility

Academic employees having continuing appointments and College administrative officers not in a negotiating unit established pursuant to Article XIV of the Civil Service Law who have completed at least six consecutive years of service within the University or who, if they previously have had a sabbatical leave, have completed at least six consecutive years of service within the University from the date of return of their last sabbatical leave, shall be eligible for sabbatical leave. In computing consecutive years of service for the purpose of this section, periods of vacation leave and periods of sick leave with salary shall be included; periods of leaves of absences, other than vacation and sick leave with salary, and periods of part-time service shall not be included, but shall not be deemed an interruption of otherwise consecutive service.

Terms and Conditions

Sabbatical leaves may be granted for periods of one year at rates not to exceed one-half basic annual salary or for periods of one-half year at rates not to exceed full basic annual salary. Eligible employees on sabbatical leave may, with the prior approval of the Chief Administrative Officer, accept fellowships, grants-in-aid, or earned income to assist in accomplishing the purposes of their leaves. In such cases, the Chief Administrative Officer may adjust the sabbatical leave salaries to reflect such income, either prior to or during the periods of such leaves, provided, however, that in no case shall sabbatical leave salary be reduced if total earnings are less than full salary.

Applications

Applications for sabbatical leaves shall be submitted to the Chief Administrative Officer as far in advance as possible of the requested effective date of the leave, but in no event later than six months in advance of such date unless such requirement is expressly waived by the Chief Administrative Officer. Each application shall include a statement outlining the program to be followed while on sabbatical leave, indicating any prospective income, stating that the applicant will continue as a member of the professional staff for a minimum of one year upon return and stating that upon return, the applicant will submit to the Chief Administrative Officer a detailed report of professional activities and accomplishments while on sabbatical leave.

Approval

Consistent with provisions of Section 4 of this title, the Chief Administrative Officer may approve each sabbatical leave as he or she deems appropriate and such leave shall be reported to the Chancellor.

Leave Credits

Vacation leave and sick leave credits shall not be accrued or used during sabbatical leave.

Procedures for Applying for Sabbatical Leave:

By the first Monday in October, the President or his/her designee notifies the faculty of the application procedures and deadlines for sabbaticals.

Applications must be reviewed by the Department Chair and Dean before being submitted to the Provost’s Office by the second Monday in November.

 The vice President of Administration and Vice president for Student Affairs in conjunction with Department heads of those professional employees submitting applications, will review and forward recommendations to the President by the end of the fall semester. 

The President will notify applicants of the action taken by the second Monday in February.
Title F. Other Leaves

Leaves of Absence for Professional Employees and Other Professional Staff  

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

Application

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

Leave Credits

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