University System of New Hampshire

PSU - Plymouth State University

III. Administrative Policies

Table of Contents

PSU Plymouth State University :: III. Administrative Policies

A. Policy Development and Distribution

     2. Delegation of Authority

B. Alcohol Service for University Events/Activities

C. Safety Policy and Procedures

  1. Policy
  2. Implementation
  3. PSU Safety Organization
  4. PSU Safety Committee

D. Weapons on Plymouth State University Premises

  1. Purpose
  2. Exception
  3. Violation
  4. Storage

A. Policy Development and Distribution

(Note: OLPM sections on this page may be cited following the format of, for example, "PSU.III.A.2.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)


2.   Delegation of Authority

2.1   Where appropriate to have institutional level policy, the President of Plymouth State University will appoint policy committees, as needed and based on recommendation of the welfare committees, that will consist of one faculty member, one Professional, Administrative and Technical staff (PAT), one Operating Staff (OS), and one campus administrator. These committees will be responsible for developing relevant campus policies for review and approval of the Principal Administrators of Plymouth State University. Established policies will then be forwarded to USNH for final review and processing.

B. Alcohol Service for University Events/Activities

(Note: OLPM sections on this page may be cited following the format of, for example, "PSU.III.B.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)


1.   All New Hampshire laws relating to the service of alcoholic beverages must be adhered to at all times. All Town of Plymouth ordinances which pertain to alcoholic beverage service and "open container" of alcohol laws must be adhered to on university property.

2.   PSU students who are sponsoring an event on university property and desire to have alcoholic beverage services provided at the event must seek approval through the Director of the Hartman Union Building. Any other persons who are sponsoring an event and desire to have alcoholic beverage services provided at the event must seek approval through the Manager of Conferences and Special Events. Depending on the specific size, type, and location of the activity, it will be determined whether the food service catering license or a one-day permit to serve alcoholic beverages will be needed. No alcoholic beverages can be sold at any function that occurs on university property without the proper state license. Only authorized staff of the food service company or a department possessing a state-granted one-day permit will be allowed to serve alcoholic beverages.

2.1   Exceptions. The following will be exempted from the procedural provisions of this section and shall be approved on a case by case basis by the institution. Under no conditions will students participate in these events.

2.1.1   Official University events sponsored by the PSU Office of the President.

2.1.2   Events held at Frost Academic Commons utilizing the University's food service catering liquor license and served by such authorized staff.

2.1.3   Frost Academic Commons Board must notify the President and Provost for approval to sponsor faculty events that include alcoholic beverages. All such events must be in accordance with Frost Commons Board procedures.

3.   Non-alcoholic beverages and food must be provided at any event where alcoholic beverages are available.

4.   BYOB (Bring Your Own Bottle) events are not permitted at Plymouth State University without the approval of the President.

5.   A person may be refused alcoholic beverage service if s/he is not in possession of a picture identification card with positive date of birth (driver's license, passport, or military identification card as per New Hampshire state law).

6.   See Residential Life policies pertaining to use and possession of alcoholic beverages in residential facilities.

7.   Alcoholic beverages should not be served or consumed in academic classrooms or in any offices on campus. Service of alcoholic beverages will only be approved for function or meeting rooms on campus. There may be special occasions when alcoholic beverage service will be allowed in campus dining facilities.

8.   Alcoholic beverages are not allowed in university vehicles.

9.   Due to New Hampshire state laws, liability issues and concern for the health and well being of individuals, alcoholic beverage servers will not serve anyone who is intoxicated.

C. Safety Policy and Procedures

(Note: OLPM sections on this page may be cited following the format of, for example, "PSU.III.C.1.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)


1.   Policy

1.1   This policy sets forth Plymouth State University's commitment to provide and maintain a healthy and safe environment for employees, students and visitors.

1.2   Plymouth State University is committed to providing a healthy and safe environment and to complying with federal, state and local statutes and ordinances and USNH policy.

1.3   Plymouth State University is responsible for information and programs directed at protecting the environment and the health and safety of employees, students, and visitors.

1.4   Supervisors are accountable for the health and safety of persons who report to them.

1.5   Supervisors shall ensure that persons directed by them understand and comply with prescribed safety regulations and work practices.

1.6   Management shall investigate all hazards of which they become aware and shall take appropriate corrective action.

1.7   Employees must comply with statutory requirements and established safe work practices and report unsafe or hazardous conditions to their supervisors.

1.8   Contractors and subcontractors undertaking work for Plymouth State University must comply with all relevant environmental health and safety statutes and policies.

2.   Implementation

2.1   The authority and responsibility for the implementation of this policy is assigned to the Department of Physical Plant, Environmental Services.

2.2   The Department of Physical Plant, Environmental Services, in conjunction with the Plymouth State University Safety Committee, will provide regular reports to all the PSU faculty and staff concerning the continuing status of health and safety programs and of any outstanding orders issued to the College for breaches of health and safety or environmental statutes.

3.   PSU Safety Organization

3.1   Responsibilities

3.1.1   Establish a coordinator of the PSU Safety Committee

3.1.2   Advise and coordinate departmental safety committees

3.1.3   Establish and maintain a safety library

3.1.4   Coordinate and schedule safety and health training for employees

3.1.5   Review, investigate and report all accidents/incidents involving employees, students and visitors to PSU Safety Committee

3.1.6   Advise the administration and PSU Safety Committee on all matters of safety, health and environmental issues

3.1.7   Conduct safety/health inspections at least annually of all work places and submit audits to the PSU Safety Committee

3.1.8   Enforce safety rules and regulations pursuant to the personnel policies as set forth in USY V.C.8.2, 8.3 and 9

4.   PSU Safety Committee

4.1   Membership

4.1.1   Administrative representatives shall consist of the following:

4.1.1.1   Director of Physical Plant

4.1.1.2   Director of Personnel

4.1.1.3   Supervisor of Environmental Services

4.1.2   Employee representatives shall be selected by employees and shall include at least the following:

4.1.2.1   Operating Staff (four (4) members)

4.1.2.2   PAT staff members (two (2) members)

4.1.2.3   Faculty (two (2) members)

4.1.3   Ex officio members shall be:

4.1.3.1   Personnel Office's Workers' Compensation clerk

4.1.3.2   Physical Plant Office Administrator (recorder)

4.1.4   Any employee who participates in Committee activities shall be paid at his/her regular rate of pay for all time spent on such activities

4.2   Responsibilities

4.2.1   Hold quarterly meetings and maintain minutes

4.2.2   Elect chairperson -- position must be rotated between administrative and employee representatives

4.2.3   Review previous meeting minutes and follow up on recommendations made by committee

4.2.4   Review accident and investigation reports, generate recommendations for safety standards and rules and assign responsibilities and target dates for implementation

4.2.5   Disseminate to all employees a Safety Committee policy along with clearly established goals and objectives of the Committee

4.2.6   Provide means for review by all employees of current safety programs

4.2.7   Discuss and recommend for approval or disapproval proposed new safety policies and procedures

4.2.8   Make recommendations for specific safety training topics and participate in safety training

D. Weapons on Plymouth State University Premises

(Note: OLPM sections on this page may be cited following the format of, for example, "PSU.III.D.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)


1.   Purpose: A safe and secure working and learning environment is a top priority for Plymouth State University. To support this commitment to safety for all students, faculty, staff, and visitors, use and possession of all firearms, other dangerous weapons intended to inflict injury, or explosives are prohibited on any property owned, controlled or operated by Plymouth State University.

2.   Exception: This policy does not apply to

  • Law enforcement officers while actively engaged in carrying out their duties and any trained security personnel when approved in advance by the university's Director of Public Safety or his designee. The Director of Public Safety may grant permission in writing to an individual, academic or research department, or operational department to possess a weapon or ammunition on campus for instructional or other qualified purposes subject to conditions as approved by the Director of Public Safety.

3.   Violation: Any person violating this policy shall be subject to appropriate legal action, sanctions under the student code of conduct, and administrative sanctions as applicable for just cause.

4.   Storage: Subject to available space limitations, the Director of Public Safety may store firearms for faculty and staff upon request.

IV. Financial Policies

Table of Contents

PSU - Plymouth State University :: IV. Financial Policies

B. New Positions

1. Approvals
2. Filling Established Positions
3. Oversight

B. New Positions

(Note: OLPM sections on this page may be cited following the format of, for example, "PSU.IV.B.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)


1.   Approvals. New permanent positions (PAT, Faculty, OS, and Administrators) should be part of each division’s annual budget planning process. Recognizing that this is not always practical/possible, the following alternative process exists.

1.1   Permanent staff positions

1.1.1   All positions not included in the division’s annual budget plan require the approval of the responsible Principal Administrator and must be supported by:

1.1.1.1   A PDQ (Position Description Questionnaire)

1.1.1.2   A description of how the position will advance the programmatic needs of the division

1.1.1.3   A funding plan that documents how the new position and related expenses will be funded. Upon approval by the appropriate Principal Administrator, an informational copy should be forwarded to the office of the Director of Finance.

1.1.2   Classification—once approved, the PDQ will be forwarded to the PSU Human Resources Office to be classified. Upon classification, a position classification number will be assigned.

1.1.3   The Director of Finance and appropriate Principal Administrator will be notified of the classification and the first quartile salary amount. If the first quartile exceeds the estimated/approved budget amount by 10% or more, then the position must be re-approved.

1.2   Faculty Positions

1.2.1   The refilling of faculty positions requires the approval of the Vice President for Academic Affairs (VPAA).

1.2.2   New permanent tenure-track faculty positions require approval of the VPAA and the President in accordance with the appropriate PSU and USNH academic policies.

1.2.3   New adjunct (temporary) faculty positions require the approval of the VPAA.

1.3   Athletic Coaches

1.3.1   The procedures for establishing benefited PAT coaching positions will be the same as that of "Permanent Staff Positions” under 1.1 above with the added stipulation that these positions will be contractual in nature. In accordance with USNH policy USY V.C.4.2.3.2, coaches shall receive a contract letter of appointment covering up to three years of employment. These contracts differ from normal appointments only in that a set term of employment is specified. Contracts are renewable.

1.3.2   Newly generated temporary (hourly) head coach positions are also based on renewable appointments of up to three years, but are not covered under USNH policy as specified above given that they are non-benefited. As such, hourly head coaches will not receive formal letters of appointment (contracts), but rather a letter from the PSU Athletic Director outlining the non-benefited terms and conditions of employment. For new positions, sections 1.1.1.2 and 1.1.1.3 apply as specified above.

1.3.3   Coaching positions filled prior to July 1, 2001, are subject to the terms and conditions of employment in place at time of hire and are not contractual in nature.

1.4   Temporary Positions (non-coach)

1.4.1   The procedure for establishing term positions will be the same as that of "Permanent staff positions” under section 1.1 above since these positions often convert to permanent status at the end of the term period.

1.4.2   Principal Administrators can create temporary (hourly) and grant positions. Grant positions may only be used in conjunction with a sponsored grant or contract, and these positions shall expire when supportive funding ends.

1.4.3   Newly generated temporary (hourly) positions will typically not exceed a 50% time effort on an annual basis.

1.4.4   Hourly positions that exceed 50% may be established for up to one year (12 months) with appropriate Principal Administrator approval. For new positions, sections 1.1.1.2 and 1.1.1.3 apply as specified above. In exceptional circumstances, the extension of an additional year may be granted with rationale provided to and supported by the appropriate Principal Administrator and the Director of Finance. Upon expiration after a maximum of two years the hourly position will either be eliminated or converted to a permanent status position via the process described in section 1.1. Potential conversion to a permanent position requires the department head to take the initiative in identifying possible funding sources with any appropriate support from the PA and/or college. Hourly positions filled prior to July 1, 2001, are subject to the terms and conditions of employment in place at time of hire.

1.4.5   Pay increases for hourly employees should be processed via an NS-1 form with supporting rationale. Principal Administrator approval is required along with the endorsement of the Human Resources Office.

2.   Filling Established Positions

2.1   The starting salary for a position will not be advertised until PSU Human Resources has classified the position through the normal classification procedure. Upon hiring an employee, the PSU Payroll Office will finalize a Position Appointment Form (PAF) and forward it to the USNH Budget Office.

3.   Oversight

3.1   New positions should not be created that do not support the primary goals of the institution’s strategic plan.

3.2   The Director of Finance will monitor salaries as part of the monthly budget report and reconciliation process.

3.3   An annual review of salary and benefit costs will be conducted and compared to all expenditures of the institution. This is designed to monitor changes and relationships between salary and benefit costs.

3.4   An annual report comparing FTE positions by department will help monitor growth by department.

V. Personnel Policies

Table of Contents

PSU - Plymouth State University :: V. Personnel Policies

B. Affirmative Action

     4.  Nondiscrimination and/or Harassment Policy Statement

C. Employment

  1. Faculty Flexibility and Work/Life Balance Policies
  2. Lactation Policy

D. Employee Relations

  12.  Complaint and Grievance Resolution
  13.  Grievance Resolution -- General Provisions

F. Compensation

  10.  Types of Salary not Included in Base Salary
  11.  Total Compensation Policy and Guidelines for Principal Administrators

B. Affirmative Action

(Note: OLPM sections on this page may be cited following the format of, for example, "PSU.V.B.4.1.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)


4.   Nondiscrimination and/or Harassment Policy Statement. Plymouth State University (PSU) is committed to providing all faculty, staff and students with an academic environment that is free of discrimination and/or harassment. The University expects all faculty, staff and students to engage in behavior and conduct that is appropriate, respectful, and responsible for a collegial, discrimination and harassment-free environment built upon trust, integrity and fairness. PSU, in accordance with federal and state laws and regulations, will not tolerate discrimination and/or harassment against any person based on race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, disabled veteran status, or Vietnam veteran status by faculty, staff or students because such behavior is unlawful, disrespectful and undermines the spirit of PSU's mission. Additionally, faculty or staff discrimination and/or harassment of non-employees during work hours and/or the performance of university business or while using university equipment is prohibited. As such, the University will take appropriate disciplinary measures, up to and including termination, against faculty or staff who violate this policy.

4.1   Definition: Discrimination and/or harassment occur when a person or group is harassed or is denied rights, privileges or opportunities because of their protected status. Protected statuses include race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, disabled veteran status, or Vietnam veteran status. Discriminatory harassment is any conduct that has the purpose or effect of unreasonably interfering with an individual's work or education performance, or of creating an intimidating, hostile, or offensive environment for work or learning. Federal and state laws have been enacted to prevent discrimination and harassment. The U.S. Equal Employment Opportunity Commission (EEOC) is the federal entity that investigates claims of discrimination and harassment under Title VII of the Civil Rights Act, Americans with Disability Act (ADA) and The Age Discrimination in Employment Act of 1967 (ADEA). The New Hampshire Commission for Human Rights is the state body that investigates allegations of discrimination and harassment under Section 354-A:7 Unlawful Discriminatory Practices. The Office for Civil Rights is the federal entity that investigates student complaints of discrimination and harassment in the academic environment. These federal and state entities are responsible for protecting employees and students from unlawful discrimination and harassment in the work and academic environment.

4.1.1   Discrimination can include, but is not limited to, harassment. Harassment may occur when faculty, staff or students engage in inappropriate, unwelcome behavior or conduct, including the use of e-mail or any other form of electronic media to engage in inappropriate, unwelcome behavior or conduct against another person. Additionally, harassment may occur when a faculty, staff or student engages in inappropriate, unwelcome behavior or conduct against a non-employee during work hours and/or the performance of university business and/or while using university equipment.

4.1.1.1   On the basis of that person’s protected status (i.e., race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, pregnancy, or status as a disabled or Vietnam era veteran) and

4.1.1.2   The behavior or conduct is sufficiently severe and pervasive enough that it would interfere with a reasonable person’s work or academic performance, or a reasonable person would believe the work or learning environment is intimidating, hostile or offensive.

4.1.2   Examples of unlawful harassment are listed below. The list of examples provided below is not intended to be all-inclusive. If a situation should arise, where there is uncertainty about whether the conduct or behavior constitutes unlawful harassment, contact the Human Resources Department for guidance and clarification.

4.1.2.1   Ethnic slurs

4.1.2.2   Non-verbal behavior such as gestures, graphic and written statements

4.1.2.3   Derogatory verbal conduct such as name-calling

4.1.2.4   Racial "jokes"

4.1.2.5   Physical conduct that is threatening, harmful or intimidating.

4.1.3   Sexual harassment includes a wide range of behaviors. The Equal Employment Opportunity Commission (EEOC) describes sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct directed at an individual based on his or her sex when:

4.1.3.1   Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic work, OR

4.1.3.2   Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting that individual, OR

4.1.3.3   Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive working or academic environment.

4.1.4   Examples of conduct that may constitute sexual harassment are listed below. The list of examples provided is not all inclusive. If a situation should arise where there is uncertainty about whether conduct constitutes sexual harassment, contact the Human Resources Department for guidance and clarification.

4.1.4.1   Unwelcome sexual propositions

4.1.4.2   Graphic comments about a person's body

4.1.4.3   Sexually suggestive objects or pictures in the workplace or academic environment

4.1.4.4   Sexually degrading words to describe a person

4.1.4.5   Derogatory or sexually explicit statements about an actual or supposed sexual relationship

4.1.4.6   Unwelcome touching, patting, pinching or leering

4.1.4.7   Derogatory gender-based humor

4.2   A single incident that causes a distracting or uncomfortable atmosphere on a given day may not rise to the legal threshold that is required to create an intimidating, hostile or offensive work or learning environment; however, a single incident that is severe may constitute discrimination and/or harassment. Additionally, it is also possible for behavior or conduct to be pervasive and have a cumulative effect of creating an intimidating, hostile or offensive working or learning environment.

4.3   Discriminating or harassing conduct or behavior, whether intended or not, is unlawful under federal and state law. All complaints of discrimination and/or harassment will be taken seriously. Plymouth State University will not permit violations of this policy. Any faculty or staff who violates this policy will be subject to disciplinary action up to and including dismissal. Plymouth State University reserves the right to take reasonable action even though the behavior at issue may not meet the legal threshold of discrimination and/or harassment, but is nonetheless inappropriate or otherwise violates policy.

4.4   As an institution of higher education, Plymouth State University has a fiduciary duty to create an academic environment that allows our students to pursue an education in an environment that is free from discrimination and/or harassment. Therefore, as agents of the University, faculty and staff members must act in good faith and with due regard for our students' interests and report to appropriate authorities any allegations of discrimination and/or harassment despite requests for confidentiality or refusal by the victimized student to come forward personally. Failure to comply with this duty to report may result in disciplinary action up to and including termination from employment.

4.5   Plymouth State University’s Administration will diligently examine and investigate incidents relating to discrimination and/or harassment that are brought to the attention of Appropriate Intake Officers (see list below in PSU V.B.4.8), even when an incident is not reported in formal, written complaint. Plymouth State University will evaluate evidence and information gathered to ascertain if discrimination and/or harassment has occurred under the circumstance or situation presented.

4.6   All Plymouth State University faculty and staff, as part of their job requirements, will be responsible for preventing, reporting and eliminating discrimination and/or harassment in their respective departments or work areas. All faculty and staff must act upon any information received that relates to potential discrimination and/or harassment in accordance with the procedure outlined in PSU V.B.4.7.1.2.

4.7   Plymouth State University Discrimination and/or Harassment Complaint Resolution Procedure. The Plymouth State University Discrimination and/or Harassment Complaint Resolution Procedure is provided for internal resolution of such complaints and is not a legal forum. Additionally, the Plymouth State University Discrimination and/or Harassment Complaint Resolution Procedure will be followed to resolve complaints of discrimination and/or harassment brought forth by a non-employee against a PSU faculty or staff member provided the alleged discrimination and/or harassment occurred during work hours and/or during the performance of university business and/or while using university equipment. A non-employee bringing forth a complaint shall also be considered a "complainant." During the steps of this procedure, the complainant and the accused may be accompanied by a third party who must be a status employee or student within the University System of New Hampshire; however, such a person may not be an attorney. Complaints that a conflict of interest exists for any of the participants in the process may be made to the Director of Human Resources.

4.7.1   Initial Contact. Any student, employee or non-employee who believes that he/she has been the subject of discrimination and/or harassment that involves other Plymouth State University employees or students should take steps to resolve the matter. If possible, this should begin with direct, voluntary communication with the person engaging in the behavior in question in an attempt to resolve the issue. With the exception of allegations involving student discrimination and/or harassment of faculty, staff or other students, all complaints are to be addressed with the following procedures. The process for investigating and adjudicating student complaints of discrimination and/or harassment by students are detailed in the student code of conduct and judicial process as set forth in the Student Rights, Rules and Responsibilities publication. In the event of a situation involving student harassment of faculty or staff, the initial review of the allegations will be conducted pursuant to the Preliminary Complaint Resolution Procedure described in PSU V.B.4.11, below; if the initial review indicates that discrimination and/or harassment may have occurred, the incident will be referred for adjudication by the Dean of Students - Judicial Affairs Office.

4.7.1.1   The complainant has the right to consult with an appropriate intake officer (AIO) (see list below in PSU V.B.4.8) to gain knowledge and understanding of Plymouth State University’s Non-Discrimination Policy and Plymouth State University’s Discrimination and/or Harassment Complaint Resolution Procedure. The complainant may file a complaint, if so desired. The AIO must inform the PSU Director of Human Resources of all such complaints.

4.7.1.2   If an employee other than an AIO is contacted by an individual, or receives an anonymous complaint, the receiver of the information must redirect the complainant and/or the complaint to an AIO. The AIO must inform the PSU Director of Human Resources of all such complaints.

4.7.1.3   The AIO shall inform the complainant at the outset that confidentiality shall be maintained where legally and reasonably appropriate, and disclosure will be limited to those who have a need to know in order to investigate the complaint thoroughly. However, confidentiality cannot be unconditionally guaranteed under any circumstances.

4.7.1.4    The complainant has the option of pursuing or not pursuing the complaint. Even if the complainant declines to pursue the complaint, however, Plymouth State University reserves the right and has discretionary authority over the decision of whether to investigate potential nondiscrimination policy violations.  Appropriate action will be taken against faculty and staff who have violated this nondiscrimination policy.

4.7.1.5   In all cases, the AIO will complete an intake form within five (5) working days of the complaint and, if necessary, forward the information to the appropriate campus administrator(s), even if the complainant chooses not to proceed with the complaint.

4.8   Appropriate Intake Officers (AIOs):

4.8.1   Director of Human Resources (Affirmative Action Officer)

4.8.2   Assistant Director of Human Resources

4.8.3   Coordinator of the Women's Service and Gender Resource Center

4.8.4   Dean of Students

4.8.5   Associate Vice President for Undergraduate Studies

4.8.6   Associate Vice President for the College of Graduate Studies

4.9   The PSU Director of Human Resources will ensure that all AIOs receive nondiscrimination policy training on a regular basis.

4.10   Deadlines

4.10.1   Complainants are encouraged to file complaints as quickly as possible in order to ensure a more effective review of the situation. Faculty and staff have up to sixty (60) calendar days following an incident to file a complaint with an AIO. Student complaints must be submitted within twelve (12) months of the incident. In special circumstances, time limits may be waived with the agreement of the PSU Director of Human Resources. All matters will be handled as expeditiously as possible. Once a complaint has been filed, the PSU Director of Human Resources has discretionary authority at any time during the complaint investigation process to extend any deadline in the complaint investigation process to ensure a thorough investigation.

4.11   Preliminary Complaint Resolution Procedure

4.11.1   Complainants are encouraged to utilize the preliminary complaint resolution procedure. At the time of the initial contact by complainant, the AIO will complete an intake form (within five (5) working days) in order to facilitate the recording of the complaint. Once the information is completely gathered and pursuant to PSU V.B.4.7.1.4, the complaint will be investigated by the AIO, who may talk with the accused, individuals who were directly involved in the incident(s) at issue, or individuals who provide corroborating sources of information. The accused will be provided with an opportunity to respond to the complaint. The AIO, in conjunction with the PSU Director of Human Resources, will make a preliminary determination about whether or not discrimination and/or harassment has occurred.

4.11.2   If, based on the preliminary determination, the opinion is that discrimination and/or harassment has not occurred and that the complaint will not be pursued further, the complainant and accused will be so advised by the Director of Human Resources or his/her designee.

4.11.3   If, based on the preliminary determination, the opinion is that discrimination and/or harassment has occurred, the PSU Director of Human Resources or his/her designee in conjunction with the Appropriate Principal Administrator will determine the reasonable action to be taken. In accordance with PSU V.B.4.3, Plymouth State University reserves the right to take reasonable action even when the preliminary determination finds that the behavior or conduct at issue did not meet the legal threshold of discrimination and/or harassment, but was nonetheless inappropriate or otherwise a violation of policy.

4.11.4   The original documents that arise from the preliminary complaint resolution procedure shall be kept in the Human Resources Office, but in a file separate from personnel files.

4.11.5   If the terms of the resolution include a sanction of an accused, the letter of sanction may be placed in the official personnel file of the accused or in a file separate from the personnel file in the Human Resources Office.

4.11.6   Where a preliminary resolution has not been reached, the Director of Human Resources or his/her designee shall communicate to both parties advising of this fact and referencing the formal complaint resolution procedure.

4.11.7   Retaliation against the complainant and/or any individual who participates in good faith in the complaint process is prohibited.

4.12   Complaint Resolution Procedure

4.12.1   If the preliminary complaint resolution procedure described in PSU V.B.4.11 does not resolve the discrimination and/or harassment complaint, or if the complainant does not utilize the preliminary resolution procedure, then the complainant may submit a formal, written complaint. A written and signed complaint of discrimination and/or harassment must be submitted to the PSU Director of Human Resources or his/her designee by the complainant within ten (10) working days after the conclusion of the preliminary complaint procedure (if utilized). The complaint shall state, clearly and concisely, the facts that are the grounds for the complaint and the remedy sought.

4.12.2   Should the complaint be against the President of the University, a written and signed complaint of discrimination and/or harassment must be submitted by the complainant to the PSU Director of Human Resources who will inform the Chancellor of the University System of New Hampshire.

4.12.3   Within five (5) working days of the receipt of the complaint, the PSU Director of Human Resources or his/her designee will ensure that a copy of the complaint is provided to the accused. The accused will have ten (10) working days to respond to the complaint in writing. The written response shall fully, directly, and specifically address each charge detailed in the complaint. This response will be submitted to the PSU Director of Human Resources or his/her designee.

4.12.4   Only in special circumstances will a delayed response to a written complaint be allowed. In such cases, the PSU Director of Human Resources or his/her designee shall inform the complainant in writing that the response will be required on a date specific.

4.12.5   In a situation where an impossible working or academic environment exists, a temporary physical transfer and/or reassignment of duties of the parties will be considered.

4.13   Investigation Procedures

4.13.1   The President of the University shall appoint two trained investigators and shall notify the complainant and the accused of the appointments. The complainant and/or the accused may object to the appointment of the investigators if either believes there is demonstrable or perceived bias on the part of either investigator. Any such objections must be raised within five working days of the notice of appointment. In the event the President of the University is the accused, investigator appointments will be made by the Chancellor of USNH.

4.13.2   The investigation will be conducted as promptly as possible without compromising thoroughness. All employees shall cooperate with the investigation as a condition of employment.

4.13.3   The Human Resources Office will develop, publish and maintain guidelines for the investigation of discrimination and/or harassment complaints. These guidelines are suggestions and may be altered as necessary.

4.13.4   If, in the course of the investigation, other allegations surface against the accused, which may by themselves constitute discrimination and/or harassment, the investigators shall inform the accused of these additional allegations in writing, and the accused shall be given an opportunity to respond to these allegations before the investigators complete their report and statement of proposed findings. If, during the investigation, other USNH policy violations are discovered, the investigators shall report these violations to the Review Board (see PSU V.B.4.13.8).

4.13.5   Information will be made available to those with a legitimate or official need to know.

4.13.6   Principals and witnesses may elect to have one advocate present during interviews; however, the advocate must be a status employee or student within the USNH and cannot be an attorney.

4.13.7   At the conclusion of the investigation, the investigators shall submit the investigative report with findings to the Review Board.

4.13.8   The President will appoint two members of the Cabinet and one "other designee" to serve with the Appropriate Principal Administrator (APA) as a Review Board. The "other designee," selected by the president, will be a representative from the accused's faculty, staff or student constituency group. The two Cabinet members and the "other designee" are to act as consultants to the APA in determining whether the nondiscrimination policy has been violated and in making a recommendation for corrective action to the APA. The written investigative report shall ordinarily be submitted to the Review Board within thirty (30) working days of the filing of a formal complaint. In complicated cases, the Review Board may extend this deadline. Both the complainant and accused shall receive written notification of deadline extension(s) from the Review Board.

4.13.9   The APA, in consultation with the other members of the Review Board, is responsible for making a determination and recommendation within ten (10) working days of the submission of the investigative report. The APA shall send a copy of the report, determinations and recommendations to the PSU Director of Human Resources and USNH General Counsel within ten (10) working days. In complicated cases, the Review Board may extend this deadline. Both the complainant and accused shall receive written notification of deadline extension(s) from the Review Board. All investigative files shall be forwarded to the PSU Director of Human Resources.

4.13.10   If there is no determination of discrimination and/or harassment by the APA, the accused will receive a final decision letter from the APA within five (5) working days. In such an instance, no materials pertaining to the complaint shall be placed in the official or temporary personnel files of the accused.

4.13.11   If the Review Board finds the investigation and/or the report to be incomplete, the matter shall be returned to the appointed investigators for completion.

4.13.12   If there is a determination of discrimination and/or harassment by the APA, the accused will receive a final decision letter from the APA within ten (10) working days of the receipt of the determination, which letter shall include details of any disciplinary and/or corrective action(s) as determined by the APA. Unless the APA determines as otherwise appropriate, the final decision letter shall become a permanent part of the official Human Resources file of the accused.

4.13.13   The complainant(s) shall receive a final decision letter(s) related to their complaint.

4.13.14   If the accused or complainant believes that the decision, process, or sanction regarding a non-discrimination policy violation violates Board of Trustees or USNH policy, or the accused wishes to appeal the findings, process and/or sanction he/she may grieve the action through the grievance rights applicable to such person. If the person who is appealing is an employee, then the Plymouth State University Employee Complaint and Grievance Resolution Procedure shall be used. If the person who is appealing is a student, then the student grievance procedure, as stated in the Plymouth State University Student Handbook, shall be used.

4.14   Education. In developing an atmosphere of mutual trust and respect, Plymouth State University shall provide ongoing educational programs that work toward the awareness and prevention of discrimination and/or harassment. In these programs, the University shall:

4.14.1   Distribute copies of the current Plymouth State University’s Nondiscrimination policy and Discrimination and/or Harassment Complaint Resolution Procedure to all employees, and notify employees about the availability of the procedure on the Plymouth State University and USNH web home pages.

4.14.2   Post the Plymouth State University Non-Discrimination policy on all official campus bulletin boards.

4.14.3   Provide incoming students and employees with information to heighten awareness of discrimination and harassment issues and of the Plymouth State University policy.

4.14.4   Train the AIOs (PSU V.B.4.8) who serve as initial contacts for those who believe the nondiscrimination policy has been violated.

4.14.5   Train a group of investigators on conducting formal investigations into discrimination and/or harassment complaints. Members of this group will be appointed by the President of the University as noted in PSU V.B.4.13.1.

 

C. Employment

(Note: OLPM sections on this page may be cited following the format of, for example, "PSU.V.C.1.1.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)


1.   Faculty Flexibility and Work/Life Balance Policies

Certain procedural elements of the broader USNH FMLA policy must be followed by faculty when taking leave under the Faculty Flexibility and Work/Life Balance Policies. Please review the procedural elements of the broader, USY.V.C.19 or contact Human Resources for guidance.

1.1   Qualifying Condition/Events: Certain qualifying conditions/events provide faculty with the option for leave under the faculty Flexibility and Work/Life Balance policies. These qualifying conditions/events are as follows:

1.1.1   upon the birth of the employee's child;

1.1.2   upon the placement of a child with the employee for adoption or foster care;

1.1.3   when the employee is needed to care for a child, spouse, or parent who has a serious health condition;

1.1.4   when the employee is unable to perform the essential functions of his/her position because of a serious health condition;

1.1.5   to (i) care for a member of the US Armed Forces who incurred a serious injury or illness in the line of duty while on active duty in the US Armed Forces; or to (ii) deal with a "qualifying exigency" arising out of a family member's active duty service or call to active duty in the US Armed Forces; or any combination of the two, is considered military-related FMLA leave.

1.2   Types of Leaves available under Faculty Flexibility and Work/Life Balance Policies

1.2.1   Family and Medical Leave Act (FMLA) for Faculty. A family and/or medical leave shall be defined as an approved absence available to eligible faculty members for up to 12 weeks per year calendar year. A calendar year is defined as a "rolling" 12-month period measured backward from the date an employee uses any FMLA leave. To be eligible for leave under this policy a faculty member must have been employed within USNH for at least 12 months in total and must have worked at least 1,250 hours during the 12 month period preceding the commencement of the leave. Leaves under FMLA for faculty are available for the qualifying conditions/events noted above.

1.2.2   Parental Leave for Birth or Adoption of a Child. A Parental Leave for Birth or Adoption of a Child shall be defined as an approved paid leave of absence to an eligible faculty member who becomes a mother or father through birth or adoption for a maximum of twelve (12) weeks of paid leave of absence starting with the arrival of the child.

1.2.2.1   The faculty member shall inform his/her supervisor in writing, as early as possible, of the intent to use parental leave.

1.2.2.2   Parental leave will replace post-natal pregnancy-related disability leave (USY V.A.4.13.6). Pre-natal pregnancy-related disability leave is available only under the policies outlined in USY V.A.4.13.6.

1.2.2.3   When both parents work for Plymouth State University, the maximum combined leave they may take is 12 weeks.

1.2.2.4   If the faculty member decides to return to work prior to the end of 12 weeks, s/he shall provide written notice at least 14 days prior to the return date.

1.2.2.5   If the faculty member accrues vacation/sick leave, the period of parental leave shall first include the use of accumulated sick leave.

1.2.2.6   Paid leave taken under this provision shall run concurrently with any leave granted under the Family and Medical Leave Act of 1993.

1.2.3   "Faculty Leave for Exigencies" (FLE). Faculty members not yet eligible for FMLA leave may apply for a Faculty Leave for Exigencies (FLE). The FLE would be available for new faculty at PSU who have not completed the minimum one (1) year of employment (approximately 1250 hours). The FLE provides new faculty with leave time similar to FMLA for the qualifying conditions/events noted above.

1.3   Special Considerations:

1.3.1   A faculty member may request release from teaching assignments for the balance of the semester when FMLA or FLE leave will be three (3) or more weeks during the semester. In this case, the Department Chair in consultation with the faculty member, Dean and Provost will determine alternate work assignments for the period following the end of the FMLA or FLE leave.

1.3.2   Military leave taken under FMLA or FLE to care for an injured armed service member may be for up to 26 weeks.

1.3.3   Further, no combination of military related, FMLA or FLE can extend beyond 26 weeks in any 12-month period.

1.4   Tenure-Clock Extension – qualifying "Life Event" (normally limited to one year, not to exceed a total of two years.)

1.4.1   The tenure clock may be extended for any of the qualifying conditions/events noted above.

1.4.2   A faculty member experiencing one of the listed situations or conditions above may request an extension of the pre-tenure period for one academic year. The Department Chair, in consultation with the Dean and Provost will review and approve requests for automatic and discretionary tenure clock extensions on a case-by-case basis, considering FMLA leave status as a factor in the decision, as follows:

1.4.2.1   Automatic Tenure Clock Extensions – Granted automatically upon request of the faculty member for:

  • the birth or adoption of a child; or
  • the death of the faculty member's spouse or child.

1.4.2.2   Discretionary Tenure Clock Extensions – considered for circumstances that significantly impede progress toward tenure, such as:

  • a serious health condition of the faculty member; or
  • a serious health condition of the faculty member’s child, spouse, or parent, for whom the faculty member is required to provide significant caregiving; or
  • other extraordinary circumstances beyond the control of the faculty member.

1.4.3   A faculty member requesting an automatic or discretionary tenure clock extension of the pre-tenure period must submit a Tenure Clock Extension Request Form to the Department Chair as soon as possible after the qualifying event or circumstance, but in no case, no later than September 15 of the penultimate year of the probationary period. If the Department Chair, Dean and Provost have not been notified according to the deadline, the probationary period remains unchanged.

1.4.4   Extensions of the pre-tenure period for any reason will normally be limited to one year, not to exceed a total of two years. Tenure candidates who have been granted an extension of the pre-tenure period will be reviewed under the same academic standards as a candidate who has not had an extension.

1.4.5   Please visit the Office of the Provost and Vice President for Academic Affairs website at http://www.plymouth.edu/vpaa/ to download and complete the Tenure Clock Extension Form.

2.   Lactation Policy

2.1   Rationale. Plymouth State University is in compliance with New Hampshire State law, RSA 132:10-d: Breastfeeding in New Hampshire and the Patient Protection and Affordable Care Act (Section 4207). In support of the institution's family friendly initiatives, the university understands the importance and benefits of breastfeeding, and recognizes and respects the need to accommodate lactating mothers who choose to nurse or express breast milk upon their return to work, without discrimination.

2.2   Policy Statement. Plymouth State University will provide a workplace that supports a decision of an employee to breastfeed when she returns to work. This policy therefore seeks to accommodate the needs of employees within the context of the needs of the University and individual work units. The University will provide an employee reasonable, flexible time and will make reasonable efforts to provide a location to nurse or express breast milk during work hours. Additionally, it is the policy of the Plymouth State University to prohibit discrimination and harassment of breastfeeding employees who exercise their rights under this policy.

2.3   Applicability of the Policy

2.3.1   All units of the University; and

2.3.2   University faculty, staff, graduate, research and teaching assistants

2.4   Procedures: Supervisor and Employee Responsibilities

2.4.1   The supervisor should be aware of the need to support employees who intend to breastfeed and should accommodate reasonable requests to meet this need.

2.4.2   The supervisor and employee will work together to develop a reasonable, flexible work schedule that is mutually convenient for the employee and the work unit. It may include such options as the use of break times to use a breast pump at work; flexible start and finish times; or allowing lunch and/or other breaks to coincide with lactation/breastfeeding needs. The time allowed will not exceed the standard time allowed for lunch and/or breaks. For time above and beyond standard lunch and breaks, PAT sick/annual leave or earned time/sick pool for OS must be used (see respective employee handbooks at http://www.usnh.edu/hr/OSHandbook/, http://www.usnh.edu/hr/PATHandbook/, and https://www.plymouth.edu/office/vpaa/files/2012/05/Faculty-Handook-revised-3-7-2012.pdf) or the employee can come in earlier, leave later, or take a shorter lunch.

2.4.3   The supervisor will work with the employee to identify a suitable, private location to nurse or express milk. The room will have accessible electrical outlets for electric breast pump use and a sink close by with a clean, safe water source. If there is adequate privacy, the room could include an employee's own office space or a lockable conference room. If such a room does not exist in the building that houses the work unit, arrangements will be made to allow the employee to use one of the campus lactation rooms. Information on the University's Lactation rooms may be accessed at: http://www.plymouth.edu/office/pcsw/.

2.4.4   Decisions should be made on a case-by-case basis.

2.4.5   Employees and supervisors who have concerns or questions regarding the Plymouth State University Lactation Policy should contact Human Resources at (603) 535-2250.

2.4.6   Employees who believe they have been denied appropriate accommodation or that this policy may have been violated should contact Human Resources at (603) 535-2250.

 

D. Employee Relations

(Note: OLPM sections on this page may be cited following the format of, for example, "PSU.V.D.12.1.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)


12.   Complaint Resolution. The Complaint and Grievance Resolution procedures (see also PSU V.D.13) represent two distinct but related processes established for the purpose of resolving work-place problems and/or misunderstandings. This procedure (PSU V.D.12) pertains to complaints, and the following procedure (PSU V.D.13) pertains to grievances. Except where noted, status PSU faculty and staff may use either procedure solely and separately, or may use the complaint resolution procedure as the first step of the grievance resolution procedure.

12.1   Complaint Resolution -- General

12.1.1   Purpose. The PSU complaint resolution procedure is intended to resolve complaints and problems arising out of the interpretation and/or implementation of Board of Trustee, University System, or Plymouth State University policy, procedure and practice.

12.1.2   Definition - Complaint. A complaint is an issue of concern related to a work-place situation or working conditions.

12.1.3   Relation to Grievance Process. The complaint resolution process may serve as an informal step to the PSU grievance resolution procedure (PSU.V.D.13). Complaints related to evaluations of work performance, and final classification determinations cannot be grieved. Termination may be addressed only through the grievance resolution procedure.

12.1.4   Conditions

12.1.4.1   The complaint resolution mechanism does not provide employees any rights other than the right to have a complaint heard and be considered. It does not bind PSU to any particular outcome or course of action.

12.1.4.2   Complaints may be brought to Personnel at any time. In order to continue complaints into the grievance resolution procedure, established time lines must be followed. If the complaint is against Personnel, the Director of Personnel will make a determination of the appropriate source of appeal. The complainant may have an advocate (must be a status PSU employee who is not an attorney).

12.1.4.3   Confidentiality shall be expected of participants in the complaint resolution process. Information revealed and discussions held shall be confidential as reasonable within legal requirements and organizational responsibilities.

12.1.4.4   The filing of a complaint shall not affect the rights of an employee to seek any remedy which may be available in an external forum and does not postpone any deadlines for pursuing such remedies.

12.1.4.5   PSU shall not take punitive actions or retaliate against a faculty or staff member for filing a complaint. Such retaliatory action by PSU employees shall be subject to appropriate discipline.

12.1.4.6   Remedies. Remedies pursued under the complaint resolution procedure may include any remedy which conforms to the spirit of the policy.

12.1.5   Personnel function. The PSU Personnel Office shall serve as a resource for understanding, accessing and managing the complaint resolution process.

12.1.6   Record keeping. Complaint information shall be kept in a confidential file in the Personnel Office and will be accessible only to those individuals engaged in the complaint resolution process and appropriate administrators with an official need to know.

12.2   Process of Complaint Resolution

12.2.1   A status PSU faculty or staff member may register a complaint by notifying the PSU Personnel Office of the complaint and indicating a desire to pursue a solution. If the faculty or staff member wishes this complaint to meet the deadline for filing a grievance, the notification of a complaint/grievance must be in writing.

12.2.2   After considering the nature of the complaint, the PSU Personnel Office will initiate a discussion towards a resolution. Options to pursue resolution will include, but not be limited to, discussions with the supervisor, informal investigation of facts, and/or use of a third party to help mediate between the decision maker and the complainant. PSU faculty may use the Review Committee (as defined in the PSU Faculty Handbook) as the process for complaint resolution.

12.2.3   If a resolution is reached, it will be communicated in writing to all involved parties.

12.2.4   If the options, outlined in 12.2.2, selected do not result in a satisfactory resolution of the complaint, the Personnel Office may, as appropriate, require any of the following:

12.2.4.1   A report from the investigator of the facts of the case

12.2.4.2   A report from the mediator about the potential solutions

12.2.4.3   A report from the supervisor about the reasons that no settlement or resolution was reached

12.2.4.4   The Personnel Office will establish the appropriate time frame for any report or follow up on reports required.

12.2.4.5   If the complaint is not grievable or pursued as a grievance, the process ends at this point.

12.2.5   If the complaint also qualifies as a grievance under the definition in 13.1.2, a PSU faculty or staff member may file a written grievance within the deadlines established in Section 13.1.3.1. The Personnel Office will make a determination of the point at which the complaint process has ended. If the complaint continues as a grievance, the grievance will normally continue at Step One. By mutual agreement of the college and the grievant, the grievance may begin at Step Two.

13.   Grievance Resolution. The Complaint and Grievance Resolution procedures (see also PSU V.D.12) represent two distinct but related processes established for the purpose of resolving work-place problems and/or misunderstandings. Except where noted, PSU faculty and staff may use either procedure solely and separately, or may use the complaint resolution procedure prior to Step One of the grievance resolution procedure.

13.1   Grievance Resolution -- General

13.1.1   Purpose. The PSU grievance resolution procedure is intended to provide PSU status faculty and staff members who are not otherwise covered by a Collective Bargaining Agreement a mechanism to resolve alleged violations of Trustee, University System or Plymouth State University policy.

13.1.2   Definition: Grievance. A grievance is a written statement alleging a violation of a Board of Trustees, University System or Plymouth State University policy. The grievance procedure shall not be used to review the substantive merits of an administrative judgment, evaluation, or other discretionary act or decision, except as may be necessary when a violation of a nondiscrimination policy is alleged. A grievance may be filed by any status faculty or staff member except principal administrators.

13.1.3   Conditions

13.1.3.1   The deadline for filing a grievance shall be ten (10) calendar days from the day on which the aggrieved faculty or staff member becomes aware of the action which is alleged to violate policy. In no event may a grievance be filed more than one year after the occurrence of the alleged policy violation. In cases where the complaint resolution process is used, the grievance moves to either Step One or Step Two within ten (10) calendar days of the failure of that process (the date will be determined and announced by the PSU Office of Human Resources).

13.1.3.2   The grievant may have an advocate, who may act in an advisory capacity to the grievant or, at the grievant's request, may speak on the grievant's behalf. This advocate must be a status PSU employee who is not an attorney.

13.1.3.3   Two or more employees similarly aggrieved by the same alleged violation of policy may file a joint grievance. All grievants to a particular grievance shall be identified in the written statement setting forth the grievance. A "class action" grievance shall not be permitted.

13.1.3.4   Confidentiality shall be expected for participants in the grievance resolution process. Information revealed and discussions held shall be confidential as reasonable within legal requirements and organizational responsibilities.

13.1.3.5   The filing of a grievance shall not affect the rights of an employee to seek any remedy which may be available in an external forum and does not postpone any deadlines for pursuing such remedies.

13.1.3.6   PSU shall not take punitive actions or retaliate against a faculty or staff member for filing a grievance. Such retaliatory action by PSU employees shall be subject to appropriate discipline.

13.1.4   Remedies. The remedies available under this grievance resolution procedure shall be limited to those necessary to bring the grieved action into conformance with the policy which was violated.

13.1.5   Human Resources Function. The PSU Office of Human Resources shall serve as a resource for understanding, accessing and managing the grievance resolution procedure.

13.1.6   Record keeping. All materials used in the grievance process, including tape recordings, exhibits, minutes and affidavits, shall be held in a confidential file in the PSU Office of Human Resources and/or appropriate site as designated by the Office of Human Resources. This file shall be separate from the official personnel files.

13.2   Process of Grievance Resolution

13.2.1   The grievant files a written statement of grievance with the PSU Office of Human Resources. The statement will include the specific policy or policies alleged to be violated, a brief statement of the alleged violation, and the resolution desired.

13.2.2   The Office of Human Resources and/or the grievant shall consider the appropriateness of using the complaint resolution procedure. Faculty have the option of utilizing either this grievance resolution procedure or the grievance process as defined in PSU Faculty Handbook. Electing one process precludes using the other.

13.2.3   Step One

13.2.3.1   The PSU Office of Human Resources will arrange a conciliation meeting to take place within twenty (20) calendar days of receipt of a properly filed grievance. The conciliation group will include, but not be limited to: the grievant, the grievant's advocate, a representative of the PSU Office of Human Resources, the person whose actions are being grieved (the respondent) and any other individuals appropriate to resolution of the grievance.

13.2.3.2   The grievant and respondent each have the responsibility to provide documents which can reasonably be expected to contain evidence bearing on the case. This process of discovery may include an effort to investigate the facts and ask questions of the participants prior to the conciliation meeting in an effort to seek out evidence relevant to the grievance.

13.2.3.3   The PSU Office of Human Resources shall coordinate the collection of the documents. The documents shall be made available to all parties to the conciliation meeting.

13.2.3.4   The conciliation group will meet to review the grievance and fashion a mutually acceptable resolution. The meetings are intended to be non-adversarial and each party is expected to extend serious consideration to the views of the other parties.

13.2.3.5   If the parties are able to reach a consensus for the resolution of the grievance, the terms of the resolution will be implemented by PSU. The resolution shall not be precedent setting.

13.2.3.6   If the parties are unable to reach a resolution, the grievant shall have the option of filing a written request to proceed to Step Two. This request will be made to the PSU Office of Human Resources no later than five (5) calendar days after the end of Step One. All documents submitted for Step One will be provided by the Office of Human Resources for review at Step Two.

13.2.4   Step Two. The grievant has the option to have a Step Two grievance heard by a hearing panel, which makes a recommendation to the President, or heard directly by the President, if he/she agrees. If the President is the accused, an appropriate administrator would be asked to act accordingly.

13.2.4.1   For PSU staff, a hearing panel shall consist of three (3) USNH status employees, at least one of whom must be the same occupational type as the grievant, and at least one of whom must be the same occupational type as the person whose actions are being grieved. If the person whose actions are being grieved is a principal administrator, the panel member need only have a supervisory responsibility. For PSU faculty, the hearing panel shall be the Grievance Resolution Committee of the Faculty, as described in Section 2.17 of the PSU Faculty Handbook.

13.2.4.2   The PSU Office of Human Resources shall coordinate the selection of the panel members in agreement with all parties.

13.2.4.3   After selection of the hearing panel, the panel shall determine the hearing procedures, including but not limited to, reasonable time limitations if any, method of hearing witnesses, and overall format. A pre-hearing meeting will be held to inform the parties of these procedures.

13.2.4.4   A representative of the Office of Human Resources will attend the hearings to provide procedural support to the panel.

13.2.5   The panel will determine whether a policy violation has occurred, and if so, what shall be the appropriate remedy. The panel shall not serve to provide greater wisdom on an issue as part of decision/recommendation.

13.2.5.1   If a panel was selected, the panel will make a recommendation to the President of Plymouth State University, which will include a determination of which, if any, policies have been violated, and a proposed remedy if appropriate. The decision will be by majority vote.

13.2.6   Decision of the President

13.2.6.1   If the grievance was heard directly by the President, the parties (grievant and respondent) shall be notified in writing of the decision within 10 calendar days following the hearing date.

13.2.6.2   Upon the receipt of a recommendation from the hearing panel, the President will make the final decision on the employee grievance. The President shall retain the authority to accept or reject the recommendation of the panel in whole or in part. The remedy, if any is appropriate to the decision, shall conform to PSU V.D.13.1.4. The parties (grievant and respondent) shall be notified in writing of the decision within ten (10) calendar days following the President's receipt of the recommendation from the hearing panel. The hearing panel will receive a copy of the President's written decision. Such decision shall be final.

13.2.6.3  Exception.  If the President is named as a party in a grievance, the grievant may request review by the USNH Chancellor in accordance with policy USY.V.D.12.4.1.7.1.

F. Compensation

(Note: OLPM sections on this page may be cited following the format of, for example, "PSU.V.F.10.1.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)


NOTE: Any approvals for supplemental pay within the appointment period described in section PSU V.F.10.2.2, 10.2.4 and/or 10.2.6 must include documentation that the payment is for services performed outside the regular job description and responsibilities. In the case of Principal Administrators, Academic Administrators, Librarians, PATs, Extension Educators and Operating Staff, the absence from the regular job duties shall be accounted for through the use of documented vacation/earned time or other such appropriate arrangements made and documented with the supervisor in advance. Any supplemental pay for Principal Administrators requires advance approval of the Executive Committee of the Board of Trustees.

10.   Types of Salary not Included in Base Salary

10.1   Hourly-based Supplemental Pay for Services

10.1.1   Compensatory time. If allowed by campus policy, compensation for overtime may be in the form of compensatory time off in lieu of cash payment. Such compensatory time will be at one and one-half hour for each hour of overtime worked either in excess of eight hours in any one day or 40 hours in one week.

10.1.1.1   Agreement. If compensatory time is taken, it must be the result of a mutual agreement between the staff member and supervisor prior to the performance of the work, without any coercion or pressure by the supervisor.

10.1.1.2   Accumulation/usage. In general, staff members may accumulate up to 240 hours of compensatory time with the exception of those engaged in public safety work who may accumulate 480 hours, as applicable. Since compensatory time may not be carried from one fiscal year to another, staff members should be permitted to take accumulated compensatory time off within a reasonable period of time after the overtime is worked. Any comp time balance will be added to an employee’s earned time record. When an employee takes time off and has a comp time balance, the comp time will be absorbed first before earned time hours are deducted. Comp time hours taken do not apply to an employee's minimum usage of earned time.

10.1.1.3   Monetary payment. Compensatory time will be paid off in cash prior to or on June 30 of each year. If a staff member terminates or transfers to another department, cash payment will be made for accumulated compensatory time based either on average regular rate of pay over the last three years or the final regular rate of pay, whichever is higher.

10.1.1.4   Records. Unless otherwise specified by the institution, the supervisor is responsible for maintaining records. Records of compensatory time must be maintained and preserved to include:

  • Number of compensatory hours earned each workweek by each employee
  • Number of compensatory hours used each week by each employee
  • Number of hours of compensatory time paid in cash
  • For law enforcement personnel, an indication of the work week period for each employee

10.2   Exempt Supplemental Pay for Services—by Event, Project, or Course

10.2.1   Faculty Summer/Non-appointment Period Payments. Compensation for teaching or research appointment which occurs during the summer or other nonacademic year period. Approval from the Vice President of Academic Affairs (VPAA) or designee is required for this type of supplemental work.

10.2.2   Faculty Overload Payments. Compensation for teaching extra courses within the faculty member's academic division which occur during the faculty member's academic or fiscal year appointment period. Approval from the VPAA or designee is required for this type of supplemental work.

10.2.3   Faculty Chair Pay. Compensation for services performed as a departmental chair. Approval from the VPAA or designee is required.

10.2.4   Faculty Additional Pay During the Appointment Period. Compensation for services including teaching, research, and consulting that is not included in the regularly assigned workload of the faculty member. This includes work for Continuing Education, institutes and all other USNH institutions, which occur during the faculty member's academic or fiscal year appointment period. This requires VPAA or designee approval plus an acknowledging signature by the supervisor of the operating unit where the supplemental work will be performed.

10.2.5   Payment for Staff Work outside the Appointment Period. Compensation made for services rendered to USNH which are not included in the regular work assigned and which are performed outside the staff member's normal work period (e.g. weekends, outside the flex appointment). This activity requires the signature by the supervisor of the operating unit where the supplemental work will be performed.

10.2.6   Payment for Staff Work inside the Appointment Period. Compensation made for services rendered to USNH which are not included in the regular work assigned and which are performed inside the staff member's normal work period. For academic supplemental appointments, approvals are required by the employee's supervisor and the VPAA or designee. For nonacademic supplemental appointments, approvals are required by the employee's supervisors (for both the regular and supplemental appointments) and the Human Resources Office. Documentation is required to indicate how the employee will address usual workday responsibilities occurring while the supplemental work is performed.

10.3   Supplemental Pay—Recognition

10.3.1   Bonus. Compensation awarded to recognize extraordinary effort or contribution. Proposals for bonuses should be in the form of a written memo, approved by the appropriate Principal Administrator and forwarded to Human Resources for review and recommendation. The President must also approve proposals for bonuses.

10.3.2   Honorarium. An honorarium is an award for a service provided to the University System for which no fee is charged but for which the University wishes to show a token of its appreciation. Honorariums are usually associated with such services as lectures, seminars or workshops. Honorariums are compensated by a one-time non-benefits eligible cash payment to a recipient who may or may not be an employee of the University System. For non-employees, honorariums are processed via a special form through the Accounts Payable department; in this case, an account custodian or supervisory signature is required. For employees, honorariums are processed through the PSU payroll operation in Human Resources; these transactions require principal administrator authorization.

10.3.3   Award. A one-time payment to a faculty/staff member awarded by the institution in recognition of special achievement. Awards are processed by the Human Resources payroll operation and require a letter of approval by the President.

11.   Total Compensation Policy and Guidelines for Principal Administrators

11.1   According to Board of Trustees policy, BOT V.F.2.4 and USY V.F.11, the President will set total compensation policy and guidelines for Principal Administrators (PAs) at Plymouth State University.

11.2   The following policy and guidelines are provided with the intention of complying with all of the provisions of those policies and in accordance with state and federal legislation. Additionally, the guidelines provide for promoting the goals of internal equity, rewarding meritorious performance, and fostering the University's ability to attract and retain highly qualified candidates for leadership positions.

11.2.1   PSU will seek to maintain a base compensation for principal administrators that targets a base pay range built off the median of market data from appropriate comparator institutions and will consider each individual’s background and experiences, skills and other relevant data, which may provide for an amount below or above median normally not to exceed 80th percentile of market.

11.2.2   Base compensation for PSU Principal Administrators will be reviewed annually and compared to current and relevant internal compensation data, external market data from comparator institutions, and other relevant EEO/AA data to ensure the goals of equity.

11.2.3   PSU Principal Administrators receive annual performance reviews based on accomplishment of individual, team and organizational strategic goals.

11.2.3.1   Principal Administrators may have periodic campus reviews as deemed appropriate. The scope and content of the campus review will address major areas of responsibility, soliciting input from appropriate constituencies.

11.2.4   Some portion of the PSU Principal Administrators total increased compensation will be "at risk," meaning that a merit component and bonus pay may be given based on job performance. The "at risk" amount generally will not exceed 20% of total compensation.

11.2.5   Merit based pay for principal administrators will be based upon the achievement of individual, team, and organizational strategic goals as agreed upon at the beginning of the review period.

11.2.6   Bonus pay will be available for performance achievement beyond set individual, team, and organizational strategic goals.