Recommendations and Comments on
Proposed Regulation Changes Affecting Faculty
Constitution Committee
February 2009
The Constitution Committee has reviewed the proposed regulation changes that will be noticed for public hearings and makes the following recommendations. The Committee has adopted a color-coded key for easily identifying the regulation changes that it feels need further consideration.
• Red –In the opinion of the Constitution Committee, these regulation changes could have a significant impact on faculty. The Committee recommends that faculty carefully review these regulations.
• Yellow –In the opinion of the Constitution Committee, these regulation changes could have some impact on all faculty or a significant impact on a subset of faculty.
• Green –In the opinion of the Constitution Committee, these regulation changes had little to no impact on faculty.
Caveat: while the Constitution Committee has attempted to review every regulation in light of its potential impact on faculty, we are only a small group with limited knowledge of the specific workings of every aspect of the University. Our recommendations should not substitute for individual examination of each regulation change.
GREEN- Little to no impact
6C1-3.054: Appointment; Technical, Executive, Administrative, and Managerial Support and University Support Personnel System Staff- The amendment adds language to align all appointment dates into one time frame. The time frame coincides with the performance evaluation dates and appointment letters would no longer need to be issued each year.
6C1-3.040: Employee Recognition Program- The amendments allow a designee of the President to appoint the Superior Accomplishment Committee, organizes and lists the divisions of the university for awards, increases the monetary amounts for awards and specifies that Human Resource Services must pre-approve all departmental level recognition programs.
6C1-3.015: Traffic & Parking: Jurisdiction; Appeals- The change provides that a paid citation may be refunded in whole or part on a reappeal if so directed by the University’s Hearing Authority.
6C1-3.014: Traffic & Parking: Fine Schedule- Changes require that five or more guilty citations, rather than alleged violations, some or all of which may have resulted in not guilty determinations, will be grounds for vehicle impoundment upon the issuance of a sixth citation. Accumulation of ten or more guilty citations will be grounds for suspension of campus parking privileges upon the issuance of the eleventh citation.
6C1-3.013: Traffic & Parking; Violations-The change requires that parking decals be returned to Transportation and Parking Services when the registered vehicle is sold.
6C1-3.009: Traffic & Parking; Bus System- The changes clarify that spouses/domestic partners of University faculty, students and staff may use the City of Gainesville regional Transit System for free with a valid Gator 1 identification card. In addition, increases to the transportation access fees have been established effective for the Fall Semester 2009.
6C1-3.007: Traffic & Parking; Parking Registration- The changes clarify that generally only one current decal may be owned by a student or employee. In addition, changes increasing the fees for various classes of parking fees have been made. The increase in the rate of sales tax charged on parking fees has also been noted. An employee may transfer an automobile parking decal to a motorcycle or scooter provided a secure locking decal display device is used. A motorcycle or scooter decal may not be transferred to an automobile.
6C1-3.006: Traffic & Parking; Definitions- The changes are to definitions in the University’s traffic and parking Regulations. The definition of “Employee” has been expanded to include employees of Shands Hospital. The definition of “impound” has been expanded to include the booting of a vehicle by an immobilization device. “Motor vehicle” now excludes mopeds and segways.
6C1-3.0372: Student Health, Athletic, and Activity and Service Fees- The regulation is amended to set forth the student health, athletic, and activity and service fees effective the fall semester of 2009.
6C1-1.0063: Affirmative Action; Complaints and Appeal Procedures for Academic Personnel (AP), Technical, Executive, Administrative And Managerial Support (TEAMS) Staff Members, and University Support Personnel System (USPS) Employees- The amendments update and identify the person and the office responsible for investigating complaints of discrimination and sexual harassment. The Director of University Equal Employment Opportunity will investigate discrimination complaints and issue an appropriate report.
YELLOW- Some impact, please review if relevant
6C1-7.003: Academic Personnel Employment Plan: Academic Appointments, Types of Appointments, Appointment Status Modifiers, and Academic-Administrative Classification Titles- The position of Clinical Eminent Scholar is added. The authority to grant a promotion from Assistant In and Associate In is clarified. That a postdoctoral associate is a temporary position is clarified.
Recommendation: Faculty should carefully review this regulation because this regulation change clarifies where the authority lies for promotion from Assistant In to Associate In or from Associate In to Senior Associate In for faculty in College of Law, IFAS and Health Science Center.
6C1-3.037: Registration and Student Fees- The changes alter the University’s policy with respect to students’ failure to pay required fees. The failure to pay any portion of a student’s fee liability by the established University deadline will now result in the imposition of a withdrawing grade for each course. The student will remain liable for these fees but will not be allowed to attend these courses until arrangements have been made to make payment and the student has re-registered. Re-registration will be conditioned upon making satisfactory arrangements with University Financial Services for full payment, including payment of late registration and late payment fees.
Recommendation: Faculty should carefully review this regulation because in this change, the failure of a student to pay for a course will result in the imposition of a withdraw grade for the course.
6C1-1.0061: Affirmative Action Plan for Equal Employment Opportunity, And Administrative Organization for the Affirmative Action Program- The amendments update and identify the person and the office responsible for developing the University’s annual Affirmative Action Plan. There will no longer be an advisory committee dealing solely with the University’s Affirmative Action Plan.
Recommendation: Faculty should carefully review this regulation so that they are aware of the current placement of the office responsible for developing the University’s annual Affirmative Action plan.
RED- Possible significant impact, please review carefully
6C1-3.0421: Employee Debt Collection- This regulation revision clarifies that it applies to current and former employees. This revision clarifies that the definition of employee debt includes overpayments by the University of scholarships and fellowships; amounts owed for clinical services provided by the University, such as medical and dental services, and travel advances for which no reimbursement voucher is received by the University. This revision describes the various methods of collection available to the University including collection letters, notices to employees via electronic mail, attempts to contact employees by telephone, engagement of collection agencies, settlement, negotiation of a payment plan, and set-offs for current employees. This revision deletes the University’s obligation to wait three (3) months to initiate collection efforts and set-offs. Each department dealing with an employee debt will determine the appropriate period of time to wait before initiating collection efforts or set-offs. This revision clarifies the University’s right to set-off to include termination (vacation and sick) pay. This revision increases the notice period for set-offs from ten (10) days to twenty (20) days.
Recommendation: Faculty should carefully review this regulation because this regulation has been modified heavily and describes the various methods of collection available to the University.
6C1-3.046: Discipline, Suspension and Dismissal for Cause of Technical, Executive, Administrative, and Managerial Support (TEAMS) Staff- The amendment removes “unsatisfactory performance of assigned duties” as this information is addressed in 6C1-1.008. The amendments also make technical changes.
Recommendation: Faculty should carefully review this regulation because this changes the definition of “just cause” supervisors use to terminate TEAMS employees by removing “unsatisfactory performance of assigned duties”.
6C1-7.041: Methods for Review and Resolution of Faculty Grievances- The grievance processes have been updated to reflect collective bargaining and other legal changes. An administrative proceeding under Section 120.57 is no longer available. Mediation in the appeal process has been removed.
Recommendation: Faculty should carefully review this regulation because this change proposes significant modifications to the choices available to faculty regarding grievance procedures.
