See Regents' Policy 04.01.010. (11-19-99)

See Regents' Policy 04.01.020.  (11-19-99)

The Statewide Office of Human Resources will have overall responsibility for coordination and maintenance of a uniform personnel system, and is empowered to review actions taken, and to enforce compliance with policy or regulation.

(08-19-94)

See Regents' Policy 04.01.040. (11-19-99)

1. At-Will Employment

   At-will employment is employment that is designated as at-will in Regents' Policy, University Regulation, or in a written employment contract.

   Employment designated as at-will employment may be terminated for any reason not prohibited by law or for no reason. In the event of a decision to terminate at-will employment, the supervisor will provide the employee with a written notice of termination. The notice need not state any reasons for the termination.

   The university may elect to give pay in lieu of all or any portion of any notice period that may be required. If such an election is made at the time notice is given, the notice should state such election. Directives and/or instructions related to the termination or the university's expectations of the employee during any remaining term of employment may be included in the notice or stated orally or in a separate writing.

   Complaints or disputes related to dismissal of probationary or other at-will employees are not subject to any grievance procedure and will be addressed as set forth below:

   1. The employee will submit a statement of all reasons for questioning the validity of or motivation for the at-will termination, and such supporting evidence as the employee deems appropriate, to the director of the human resources office at the major administrative unit.

   2. The director, designee, or in appropriate cases a substitute (hereafter referred to as director) may decide the issues raised on the basis of the materials submitted. The director is never obligated to provide for a different procedure, but may elect to do so with respect to some or all of the issues raised, by creating a new procedure, or by adopting or by modifying an existing procedure.

   3. In the event that the matter is not decided on the basis of the materials submitted, the director or designee will inform the employee in writing of the procedure to be followed.

   4. At the conclusion or expiration of all available steps in the process that is followed, the employee will be advised in writing of the final decision of the University. In most cases it will be sufficient that the final decision state:

   "This decision is the final decision of the University. Any appeal of this decision must be filed with the Superior Court for the State of Alaska within 30 calendar days of the date of this decision pursuant to Alaska Rule of Appellate Procedure 602."

2. For Cause Employment

   The University designates employment not established as at-will to be for cause. For cause employment entitles the employee to notice and appeal processes as follows:

   1. In the event the University decides to pursue a for cause termination of employment, the supervisor will provide the employee with a written statement of the reason(s) for the planned action and a statement of the evidence supporting the reason(s) for the planned action. The procedure set forth in University Regulation 04.08.080 shall be followed, and notice of the employee's right to request a hearing in accordance with that procedure will be given at the time the employee is notified of the University's intention to initiate a termination for cause.

   2. In the event of layoff, non-retention, or financial exigency the supervisor shall provide notice of termination as set forth in the applicable Regents' Policy and/or University Regulation. Review shall be set forth in the Regent's Policy or University Regulation applicable to the particular type of termination.

   Where the applicable Regents' Policy or University Regulation does not specify a review process, e.g., Regulation 04.09.040 - Nonretention, the grievance process set forth in University Regulation 04.08.070 shall apply.

   A decision relating to termination of employment that is designed in writing as the "final decision" of the University may be appealed to the Superior Court for the State of Alaska within 30 calendar days of the final decision pursuant to Alaska Rule of Appellate Procedure 602.
   

3. Officers of the University and Senior Administrators

   The official list of Officers of the University and Senior Administrators (Executive Management), as designated by the president of the university, is maintained and available upon request from the Statewide Office of Human Resources.

4. Faculty

   See Regents' Policy 04.01.050.D.

5. Adjunct Faculty

   See Regents' Policy 04.01.050.E.

6. Exempt Jobs

   See Regents' Policy 04.01.050.F.

7. Nonexempt Jobs

   See Regents' Policy 04.01.050.G.

8. Casual Labor

   See Regents' Policy 04.01.050.H

   (02-22-01)

1. Contents of Personnel Files
   1. The selection of records to be maintained in the official personnel file will be consistent with federal and state law. Included material should document employment history and directly reflect employment-related events.

   2. The contents of the official personnel file will be considered in making personnel management decisions relevant to the employee. Information such as medical records, immigration forms, government or court ordered payroll actions, will be maintained separate from the official personnel file.

   3. Anonymous material will not be placed in an official personnel file. If anonymous material is found in a personnel file, it will be removed immediately.

   4. An employee may request that a written response to information contained in his/her file be placed in his/her official personnel file.

   5. The official personnel file consists of the following:
      1. Information relating to the employee's original hire, such as application material (excluding voluntary self-identification information), curriculum vitae, transcripts, and hire documents including benefit enrollment forms and appointment letters.

      2. Revisions relating to the individual's employment status.

      3. Performance evaluations, letters of recognition, official reprimands, including notices of unsatisfactory performance; disciplinary action, and any other appropriate material relating to the employee's job performance. A copy of this material must be given to the employee prior to inclusion in the file.

      4. Employee responses to the above.

      5. Training records and certifications and unemployment documentation.

      6. Written documentation of faculty workload and evaluations relating to promotion, retention, tenure, and contractual obligations will be maintained by the appropriate academic office and are considered to be part of the faculty member's official personnel file.

      7. The Medical Records File contains all confidential medical information related to employment. Access to and use of information contained in the file will only be as provided by applicable law. Authorized university personnel may examine or copy this file for routine administrative purposes without notification to the employee. If a representative of an appropriate government agency requests access to the Medical Record File, the university will make every effort to notify the employee(s) of the request in a timely manner. Other persons may have access to the Medical Record File only as provided by law, with notification to the employee.

      8. Records required or allowed by a collective bargaining agreement.

   6. The following materials will be removed from the official personnel file:

      1. Unauthorized or anonymous material.

      2. Letters of reprimand and/or disciplinary actions may, by written request of the supervisor who originated the documents, be removed by the regional human resource office director.

   7. A unit or department may maintain files containing whatever information is needed for efficient and convenient operation; however, these files are not official personnel files.

2. Access to Personnel Files

   See Regents' Policy 04.01.060.B.

3. Confidentiality of Personnel Records

   If a request for disclosure of personnel records is received from persons other than those deemed by the custodian of the record to have a need to know, a reasonable effort will be made to advise the affected employee of the request prior to the disclosure.

(11-19-99)