University System of New Hampshire

V. Personnel Policies

Table of Contents

UNH University of New Hampshire :: V. Personnel Policies

B. Affirmative Action

5. Discrimination and Discriminatory Harassment Policy, Interpretation, and Implementation Procedures
6. Title IX Procedures

C. Employment

5.16 Postdoctoral Appointments
6. Appointment of Clinical Faculty
7. Appointment of Extension Faculty
8. Appointment of Research Faculty

D. Employee Relations

1. Fast and Impartial Resolution (FAIR) Complaint and Grievance Process

3. Safety
4. Tobacco [Use of]
5. Lactation Policy
6. Consensual Amorous Relationship Policy  Spanish version
7. Conflict of Interest and Commitment  Spanish version

F. Compensation

1. Regular Pay
7. Additional Pay

B. Affirmative Action and Equity

(Note: OLPM sections on this page may be cited following the format of, for example, "UNH.V.B.5.1.1". 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.)


5.   Discrimination and Discriminatory Harassment Policy, Interpretation, and Implementation Procedures

5.1   Preamble

5.1.1   The University of New Hampshire is committed to supporting and affirming the dignity of its members. Discrimination and discriminatory harassment (including sexual harassment) dishonor the academic community and create a circumstance in which full access to education and work is diminished or denied.

5.1.2   The University is committed to academic freedom as a value of the University, and is committed as well to the free and open exchange of ideas, active discourse, and critical debate. Accordingly, all members of the University of New Hampshire community have the right to hold and vigorously defend and promote their opinions. The exercise of this right may result in members of the community being exposed to ideas that they consider to be unorthodox, controversial, or even repugnant.

5.1.3   To enable members of the University community to act in ways consistent with these two commitments, this document sets forth three important components of the University of New Hampshire's position with regard to discrimination and discriminatory harassment: (1) a concise statement of policy; (2) assistance in interpreting that policy; and (3) procedures for implementing the policy.

5.2   Statement of Policy

5.2.1   It is the policy of the University of New Hampshire to uphold the constitutional rights of all members of the University community and to abide by all United States and New Hampshire State laws and University System of New Hampshire and University of New Hampshire policies applicable to discrimination and harassment.1 In accordance with those laws and policies, all members of the UNH community will be responsible for maintaining a university environment that is free of discrimination and harassment based on race, color, religion, sex, age, national origin, sexual orientation, gender identity or expression, disability, genetic information, veteran status, or marital status.2 Therefore, no member of UNH may engage in discriminatory or harassing behavior within the jurisdiction of the university that unjustly interferes with any individual's required tasks, career opportunities, learning, or participation in university life.

5.3   Application of Policy

5.3.1   The University of New Hampshire Policy on Discrimination and Discriminatory Harassment covers all members of the UNH community, faculty, staff, and students. It applies to applicants for employment and admission to the extent provided by law. Regardless of the process used to investigate and adjudicate complaints, any complaint may be filed with the Affirmative Action and Equity Office, and in many cases, complaints must be monitored by that office.

5.3.2   This policy covers the process for investigating and adjudicating complaints of discrimination or discriminatory harassment by any employee: faculty, staff, or administrator.

5.3.3   The process for investigating and adjudicating complaints of discrimination or discriminatory harassment by students is detailed in the student code of conduct and judicial process as set forth in UNH Student Rights, Rules and Responsibilities. Further information about the student code of conduct can be provided by the UNH Community Standards Office:

Hitchcock Hall
5 Quad Way
Durham, New Hampshire 03824
Phone: (603) 862-3377 / Fax: (603) 862-4787
community.standards@unh.edu

5.3.4   Complaints of discrimination or discriminatory harassment by graduate assistants in their role as instructors follow the process outlined in this policy, while complaints against them in their role as students follow the judicial process set forth in UNH Student Rights, Rules, and Responsibilities.

5.4   Interpretation of Policy

5.4.1   This policy covers acts of discrimination and discriminatory harassment (including sexual harassment) as established by cited federal and state laws or by USNH and University policy.

5.4.2   Discrimination refers to actions which may deny a member (or in some cases, a potential member) of the community employment, promotion, transfers, access to academic courses, housing, or other University benefits and entitlements due to a member’s protected class status.

5.4.3   Harassment may take the form of unwelcome sexual advances or other verbal or physical conduct of a sexual nature, graffiti, jokes, pranks, slurs, insults, threats, remarks made in the person's presence, interference with the person's work or academic life, vandalism, assignment of unpleasant duties, or even physical assault directed against any member of a protected class. Behavior is considered to be harassment when: (1) submission to or rejection of such behavior by an individual is used as a basis for employment or academic decisions affecting that individual; or (2) submission to such behavior is made either explicitly or implicitly a term or condition of an individual's employment or academic work; or (3) such behavior has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive environment.

5.4.4   Verbal or physical conduct directed at the complainant's protected class status is a consideration in the determination of discriminatory harassment. The University will consider the totality of the complaint and its circumstances, the private or public environment of the behavior, the intensity or severity of the actions, the pattern of behavior and the power relationship, if any, between the parties.

5.4.5   A single incident that creates a distractingly uncomfortable atmosphere on a given day may not constitute discriminatory harassment. However, even isolated or sporadic acts may constitute severe harassment. It is possible for a series of individual incidents, each minor in itself, to have the cumulative effect of becoming pervasively harassing behavior.

5.4.6   Discriminatory harassment does not include comments that are made in the classroom that are germane to the curriculum and a part of the exchange of competing ideas.

5.4.7   Factors to be weighed in the determination of discriminatory harassment include conduct that purposefully places or threatens to place another in fear of imminent bodily injury, and threatens to commit any crime against a person with a purpose to terrorize.

5.4.8   Unreasonable interference with an individual's participation in university life may be signified by responses such as (1) avoiding areas of the campus where the behavior in question typically takes place; (2) academic performance or work assignments becoming more difficult because of the behavior in question, including absenteeism; or (3) leaving a job, a class, or the University itself because of the behavior in question.

5.4.9   In determining whether discriminatory harassment exists, the University will evaluate the evidence from the standpoint of a reasonable person's reaction and perspective under the circumstances presented. The standard of evidence to be used to determine responsibility is the preponderance of the evidence standard. If there are any questions, the Director of the Affirmative Action and Equity Office should be consulted to assist in determining whether the behavior may fit the legal proscription.

5.5   Illustrations of Discrimination and Discriminatory Harassment.

5.5.1   Discrimination may take many forms, and can include (among a very few examples): (1) in the hiring process, failure to consider a candidate because he is too old, or because she has a partner, or because he is transgender, or because of her religion, or because he is disabled yet can do the job, with or without an accommodation; (2) in the academic realm, failure to take students seriously in particular academic classes because of their gender, race, or national origin; or assignment of a lower grade to a qualified student with a learning disability because the student received academic adjustments or modifications; or (3) on the job, lack of acceptance by a supervisor of a woman in a construction trades position, or failure to promote a gay employee because of his sexual orientation.

5.5.2   Discriminatory Harassment. Every instance of alleged discriminatory harassment must be considered in the context of its specific and unique circumstances; however, the following are examples of behaviors that are likely to be judged to be harassing: Repeatedly directing racial, homophobic, or sexual epithets at an individual; hanging a noose in an African-American's work place or residence hall; painting a Nazi swastika on the door of a Jewish student, professor, or staff member; repeatedly sending unwelcome, sexually-explicit e-mail messages to another; surrounding with a group and taunting another student about his or her sexual orientation or religion; making unwelcome sexual propositions, especially by a person in a supervisory or instructor relationship; repeatedly telling derogatory gender- or ethnic-based jokes; displaying sexually suggestive objects or pictures in the workplace except as those items may be part of legitimate pedagogical pursuits; giving unwelcome hugs or repeatedly brushing or touching another's body; mimicking the manner of speech or movement of an individual with a disability, or interfering with that person’s necessary auxiliary aids or services  (e.g., interpreter, assistive service animal).

5.6   Procedures for Implementing Policy

5.6.1   Responsibilities. The Director of the Affirmative Action and Equity Office is responsible for the monitoring of the policy, and has oversight of all processes that are covered by the policy (including the process for student misconduct involving discriminatory harassment). The Director is the Title IX Coordinator, and has special responsibility for actions regarding sex discrimination and sexual harassment in an institution of higher learning; pursuant to this Policy and in accordance with UNH Student Rights, Rules and Responsibilities, the Director has designated the Director of the UNH Community Standards Office to conduct specified functions of the Title IX Coordinator in addressing allegations of sexual harassment between UNH students. The Director of the Affirmative Action and Equity Office (Title IX Coordinator) may also designate other appropriate administrators to perform duties that are described in this policy as responsibilities of the Title IX Coordinator. In addition, there are state legal requirements that any instance of sexual harassment of a student by an employee (faculty, administrator or staff) that comes to the attention of another employee must be reported; at UNH, reporting will be to the Director of the Affirmative Action and Equity Office. The ADA Compliance Officer, whose position is located in the Affirmative Action and Equity Office, is directly responsible for disability compliance, and monitors all such complaints and issues.

5.6.2   Support Resources. Members of the UNH community who believe they are being subjected to discriminatory practices or discriminatory harassment may want to seek advice and support from certain on-campus resources. These individuals/departments can provide complainants with information on the many options available. UNH may provide information and support whether or not a complainant chooses to seek formal or informal resolution. Any University community member, whether student, faculty, or staff, may always contact the Director of the Affirmative Action and Equity Office with a discrimination or harassment complaint, including sexual harassment. The Sexual Harassment and Rape Prevention Program (SHARPP) offers assistance and confidential support 24 hours a day. Complainants are encouraged to seek support where they feel most comfortable. Other resources include:

The Director of the  Affirmative Action and Equity Office will offer supportive measures to both complainants and respondents. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint3 or Title IX Formal Complaint or where no formal complaint or Title IX Formal Complaint has been filed. Such measures are designed to restore or preserve equal access to the university’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the university’s educational environment, or deter discriminatory harassment.

5.6.3   External Resources. At any time during the process, a complainant may also choose to consult with one or more of these external agencies: Equal Employment Opportunity Commission, the Office for Civil Rights, or the New Hampshire Commission for Human Rights. Since they have differing time limits for filing, which are in some cases dependent on filing with another agency, complainants are urged to obtain that information early in the process. The time limits for filing claims with these agencies generally run from the last date of unlawful harassment, not from the date that the complaint to UNH is resolved.

5.7   Filing and Resolution of Complaints Within UNH

5.7.1   The University not only has a strong commitment to maintaining learning and work environments free from discrimination and discriminatory harassment, it has a legal obligation to do so. Any members of the University community who believe that they are being discriminated against, or subjected to discriminatory harassment, and who want to take action, may address the complaint informally or through the formal process. In complaints in which a student is the respondent the process for adjudicating a complaint is detailed in UNH Student Rights, Rules & Responsibilities, but a complaint may always be filed initially with the Affirmative Action and Equity Office. In any case, complainants are encouraged to seek advice and assistance from the Director of the Affirmative Action and Equity Office, ADA Compliance Officer, or other resource person, and to tell a trusted friend, peer, or colleague about the behavior. It is always useful to document concerns, especially if a pattern of behavior exists. If the behavior poses a threat to safety or may be criminal, assistance should be sought immediately.

5.7.2   A support person who is a UNH employee or student (not an attorney) may accompany the complainant and the respondent in any of the complaint processes described. The support person should not be someone who may have a direct or indirect role in investigating a complaint, or in implementing or monitoring any proposed solution to the complaint. For example, a co-worker might be appropriate, but not a supervisor if the complainant or respondent is in that supervisor’s reporting chain.

5.7.3   Procedures for Responding to Sexual Violence, Sexual Harassment and Related Offenses. Legal requirements dictate special procedures that must be applied when UNH receives reports of violations of this policy that states a colorable claim of sexual harassment under Title IX. The Title IX procedures are detailed in UNH.V.B.6 of this policy.

5.8   Informal Complaint Process

5.8.1   This process, while not "formal" in terms of this policy, is not casual or taken less seriously. It is normally utilized when a complainant just wants the behavior to stop, and where an objective analysis reveals that a matter may be taken care of through informal and direct steps. UNH will not require or encourage waiver of the right to an investigation and adjudication of formal complaints, or require the parties to participate in an informal resolution process.

5.8.2   Direct (unassisted) action: The complainant may be comfortable resolving the problem directly with the person whose behavior is in question. This may be accomplished either through a one-on-one meeting, phone call, letter, or email, stating the complainant’s concerns. Whichever method is used, complainant should state why the behavior is offensive or inappropriate, how it makes the complainant feel, and include a request asking the offender to stop the behavior. Before doing this, the complainant is encouraged to seek advice from the Director of the Affirmative Action and Equity Office, ADA Compliance Officer, or other resource person, and to tell a trusted friend, peer, or colleague about the behavior. A complainant is never required to confront the person believed to be discriminating or harassing, or to seek an unassisted resolution. 

5.8.3   Assisted action: A complainant who desires assistance in resolving the complaint may seek the assistance of a supervisor, manager, academic department chair, director, or dean of the department/college, the Director of the Affirmative Action and Equity Office, the ADA Compliance Officer, or similar responsible person. This person will not play the role of complainant’s advocate, but rather, will assist in resolving the complaint informally. (Complainant’s support person may be part of this process.) The complainant will need to provide this person with a description of the offending behavior, its impact, and a hoped-for course of action and resolution. With complainant’s cooperation, it is this person's responsibility to ensure that the complaint is followed through and resolved. Most complaints are, in fact, resolved in this manner. For example, an employee might go to her supervisor for assistance, or a student to his Residence Hall Director. The responsible person should seek the assistance of the Director of the Affirmative Action and Equity Office (or the ADA Compliance Officer in disability cases) if the complainant has not already done so. The responsible person will normally collect information regarding the behavior, and work with the respondent’s supervisor, chair, dean, or senior administrator to seek a solution. If that person is not able to do so, the Director of the Affirmative Action and Equity Office should be contacted to arrange for the assistance of another responsible person, or to assist directly. All actions taken should be documented. Complainant and respondent may each use the assistance of a support person during this process. The Director of the Affirmative Action and Equity Office or ADA Compliance Officer is available to assist in any case, and to provide information about the process to the complainant, the respondent, and to the responsible person. They may take primary responsibility for the case in some instances; they normally work with the responsible persons, the complainant, and the respondent, in any cases they are involved in.

5.8.4   Timelines and Outcomes. An informal complaint proceeding ordinarily should be concluded within three weeks from the beginning of informal process. The complainant must be advised of the outcome, and of action taken against the respondent (or as much as may be appropriately disclosed under confidential personnel or comparable policies). The complainant and respondent may always contact the Director of the Affirmative Action and Equity Office or ADA Compliance Officer for information and explanation. A complaint file will be maintained in the Affirmative Action and Equity Office.

5.9   Formal Complaint Process

5.9.1   Selecting Process. If an informal resolution is unsuccessful in stopping the discriminatory, harassing, or offensive behavior, or in reaching an appropriate solution, complainant may choose to pursue the complaint through the formal process. Information that is part of the informal resolution may become part of the University’s formal investigation of the complaint. Complainants are not required to first pursue complaints informally before filing formal complaints, and they may terminate the informal process and file a formal complaint at any time during the informal process.

5.9.2   Time Limits. Faculty and staff have up to sixty (60) calendar days following an incident to file a complaint with the Affirmative Action and Equity Office. Student complaints must be submitted within twelve (12) months of the incident. In special circumstances, time limits may be waived by the Director of the Affirmative Action and Equity Office, where doing so will best serve the purposes of this policy. The Director of the Affirmative Action and Equity Office’s reasons for allowing the waiver will be conveyed in writing to both parties.

5.9.3   Step One: Intake. Complainant should meet directly with the Director of the Affirmative Action and Equity Office, the ADA Compliance Officer, or with any resource person or department. Once contact has been made, the Affirmative Action and Equity Office must be notified of the complaint. A support person may accompany the complainant.

5.9.4   Step Two: Preliminary Assessment. The Director of the Affirmative Action and Equity Office will make a preliminary assessment about the behavior in question.

  • If it is the assessment of the Director of the Affirmative Action and Equity Office that the behavior does not meet the criteria defining discrimination and/or discriminatory harassment, and the complainant disputes that judgment, then the complainant should contact the President's Office. The President, or the President's designee, will review the complaint and determine whether or not the Director of the Affirmative Action and Equity Office should conduct an investigation.
  • If it is determined that discrimination and/or discriminatory harassment may have occurred, but the complainant does not wish to pursue the complaint further, the Director of the Affirmative Action and Equity Office will take necessary action to protect the interests of the university and in accord with the respondent’s rights to due process. Any immediate measures that are needed to protect the complainant will be taken.
  • If the assessment is that discrimination and/or discriminatory harassment may have occurred, and the complainant wishes to proceed with the complaint, the Director of the Affirmative Action and Equity Office will oversee an investigation of the complaint.

5.9.5   Step Three: Investigation. The investigation will begin with the complainant submitting to the Affirmative Action and Equity Office a written, signed formal complaint. Before informing the respondent of the complaint, the Director of the Affirmative Action and Equity Office will notify the appropriate administrator who will be the decision-maker in the case; the decision-maker will be an employee at or above dean or director level who has supervisory responsibility for the respondent. The decision-maker must be free of bias or conflict of interest. The Director of the Affirmative Action and Equity Office will provide both parties with a Notice of Allegations that includes a copy of the complainant's signed complaint. The Notice of Allegations will include a summary of available resources, the contact information for the Title IX Director, a link to this policy and a caution against retaliation. The Director of the Affirmative Action and Equity Office or their designated investigator will then promptly interview the respondent. A support person may accompany the respondent. Thereafter, a reasonable effort will be made to investigate disputed facts of the case, using corroborating sources of information (including witnesses) identified by the complainant and the respondent. The Director of the Affirmative Action and Equity Office will complete the investigation as promptly as is reasonably possible; while the amount of time that it will take to complete the investigation will depend on the particular circumstances, in most cases it will be completed within twenty (20) working days. Written, dated, confidential records will be maintained throughout the investigation.

5.9.6   Step Four: Agreed Resolution. Through discussion with the complainant and the respondent separately or together, the Director of the Affirmative Action and Equity Office may be able to resolve the matter to the satisfaction of all persons involved. UNH will not require or encourage waiver of the right to an investigation and adjudication of formal complaints, or require the parties to agree to a resolution. If a resolution is reached, dated, written copies of the terms of the resolution shall be given to the complainant, the respondent, and the administrator at or above dean or director level who has supervisory responsibility for the respondent. A copy of the resolution should be kept in a file to be located in the Affirmative Action and Equity Office, unless the resolution specifies otherwise.

5.9.7   Step Five: Adjudication. If a resolution is not possible, the Director of the Affirmative Action and Equity Office must convey to both parties  a copy of the investigative report, prior to forwarding it to the appropriate administrator for action. The Director of the Affirmative Action and Equity Office will provide investigative findings, a conclusion regarding the extent to which the complaint meets the criteria for discriminatory harassment, and a recommendation for action, to the administrator at or above dean or director level who has supervisory responsibility for the respondent. The administrator will then render judgment in the case. This judgment should be reached as promptly as is reasonably possible, and in most cases within ten (10) working days. The administrator must communicate the judgment in writing to the complainant, the respondent and the Director of the Affirmative Action and Equity Office. The judgment will fall into one of two categories:  (1) Unfounded, i.e., in the informed judgment of the administrator, the offense did not meet the criteria of discriminatory harassment and/or the respondent did not commit the offense; or, (2) Founded, i.e., in the informed judgment of the administrator, the offense did meet the criteria for discriminatory harassment and was committed by the respondent. In this case, the administrator, with advice from the Director of the Affirmative Action and Equity Office, will impose appropriate disciplinary sanctions, which may include but are not limited to an oral reprimand, a written reprimand, reassignment of duties, suspension with pay, suspension without pay, or termination.4

5.9.8   Step Six: Appeals. Appeals and actions on appeals. A respondent who is unsatisfied with the administrator's judgment and/or the imposed sanctions may grieve through the appropriate faculty or staff grievance procedures. A complainant who is unsatisfied with the administrator's judgment and/or imposed sanctions may, within ten (10) working days of receiving that judgment, appeal in writing to the next highest administrator. The administrator or designee will review all materials and make the final determination. That final determination will be made as promptly as is reasonably possible, in most cases within twenty (20) working days. The administrator must communicate the determination in writing to the complainant, the respondent and the Director of the Affirmative Action and Equity Office.

5.10   Record Keeping, Reports and Confidentiality

5.10.1   Keeping and Destruction of Records. A confidential record of any complaint, informal or formal, including any resolution or sanctions, will be filed in the Affirmative Action and Equity Office and retained for seven years, at which time it will be destroyed, providing there are not recurring incidents. Records include any audio or audiovisual recording or transcript, any appeal and the results therefrom, all supportive measures (and basis for denying any requested supportive measures).

5.10.2   Public Reports. All cases, including both founded and unfounded judgments [excluding information that would identify the parties involved] should be reported in summative, annual, public releases about the incidence of and institutional response to discriminatory harassment.

5.10.3   UNH will protect the confidentiality of harassment allegations to the extent possible, as required by law. An employer cannot guarantee complete confidentiality, since it cannot conduct an effective investigation without revealing certain information to the alleged harasser and potential witnesses. However, information about the allegation of harassment will be shared only with those who need to know about it.

5.11   Retaliation and False Complaints.

5.11.1   Reprisals or Retaliation. Any such action directed against any person bringing a complaint through this process, or against any person assisting or participating in an investigation, will not be tolerated, whether or not the complaint is ultimately judged to be consistent with the criteria determining discrimination or discriminatory harassment. Examples of retaliation include, but are not limited, to, assigning of inappropriately low grades, punitive change in work assignment, giving a lowered performance evaluation, or withholding of deserved support for promotion.

5.11.2   False Complaints or Statements. The bringing of capricious or reckless complaints, or providing any false statements or evidence will also not be tolerated.

5.11.3   Process. The university will pursue administrative action against both those found to have retaliated against any individual participating in the complaint process, and those who have made a false complaint or presented false statements or evidence.

5.12   Education

The Affirmative Action and Equity Office, with the assistance of the Human Resources Office, the Community Standards Office, SHARPP and other University offices which may be designated, is responsible for ongoing educational efforts in the form of presentations, workshops, and focused discussions for students, faculty, and staff. This effort seeks to ensure that all parties in a potential complaint are aware of their rights, all members of the university community are aware of behavior that is proscribed by the policy, and all administrators are aware of the proper procedures for addressing complaints of violations of the policy.

6. Title IX Procedures

The Affirmative Action and Equity Office, in collaboration with appropriate administrators, will apply the procedures in this Section 6 to address allegations that an employee of the university engaged in sexual harassment in violation of Title IX (34 C.F.R. 106), or that a graduate student engaged in such conduct in the course of performing an instructional role at UNH. Sexual harassment claims that are outside of the jurisdiction of Title IX (including claims that may fall under Title VII (29 C.F.R. 1606) will be addressed using the protocols otherwise set forth in the policy.

6.1   Protocols: The Title IX Coordinator may establish public protocols to guide the Affirmative Action & Equity Office as it implements these procedures. The protocols will include rules of decorum and rules of evidence for hearings. The Title IX Coordinator may assign a designee to perform any of the duties that are ascribed to the Coordinator by this policy.

6.2   University Response and Definitions:

The University will respond promptly under Title IX when it has actual knowledge of sexual harassment in its education programs or activities against a person in the United States.

Educational Programs or Activities under Title IX includes locations, events, or circumstances over which the University exercises substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution.

Sexual harassment under Title IX means conduct on the basis of sex that satisfies one or more of the following:

(a)  An employee or graduate student conditioning the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct;

(b) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s education program or activity; or

(c) ‘‘Sexual assault’’ as defined in 20 U.S.C. 1092(f)(6)(A)(v), ‘‘dating violence’’ as defined in 34 U.S.C. 12291(a)(10), ‘‘domestic violence’’ as defined in 34 U.S.C. 12291(a)(8), or ‘‘stalking’’ as defined in 34 U.S.C. 12291(a)(30).

6.3   Report and Disclosure: Any member of the University community and any person may report or disclose incidents of sexual discrimination or sexual harassment at any time in person, by mail, by telephone, or by electronic mail. The report or disclosure may be made to the Title IX Coordinator. Mandatory Reporters are required to report to the Title IX Coordinator all disclosures made to them alleging sexual harassment. Individuals are encouraged to report sexual harassment as soon as possible after the incident occurs to maximize the University’s ability to respond promptly and effectively. Prompt reporting allows the University to obtain the most reliable information, be able to contact relevant witnesses (if any), and provide reasonable assistance and supportive measures for affected parties. The University does not limit the time for reporting sexual harassment incidents or filing a report of violation, however, and in all cases, a decision will be made on existing facts to determine if an investigation and hearings are necessary to comply with the law and to serve the University community.

6.4   Outreach, Supportive Services, and Intake: When the Title IX Coordinator receives a report of sexual harassment they will offer information to the impacted individual about the right to make a Title IX Formal Complaint for a violation of the policy, to receive supportive services and to participate in an intake. If the reporting person is not the impacted individual, only the impacted individual may make a Title IX Formal Complaint; provided that in limited circumstances the Title IX Coordinator can sign a Title IX Formal Complaint as well. The Title IX Coordinator will notify other administrators and UNH police as required and to the extent permitted by law.

6.5   Title IX Formal Complaint: The Title IX Formal Complaint is a document filed and signed by the complainant (physical or digital signature, or signed by Title IX Coordinator) alleging sexual harassment against a respondent and requesting that UNH investigate the allegations of sexual harassment.

6.5.1   The Title IX Coordinator will review the Title IX Formal Complaint to determine whether the conduct alleged would constitute sexual harassment as defined in 34 C.F.R. §106.30. If the alleged conduct meets those requirements, it shall be processed as provided in this Section 6. If the conduct does not constitute sexual harassment under Title IX but otherwise alleges misconduct that would violate the policy (including alleged sexual harassment under Title VII), the complaint will be processed as otherwise provided in the policy under the Informal Process detailed in Section 5.8 or the Formal Processes detailed in Section 5.9.

6.5.2   The Title IX Coordinator will notify the complainant and the respondent of the results of the review conducted under section 6.5.1. The complainant or respondent may appeal the finding that the conduct alleged does not meet the requirements of 34 C.F.R §106.

6.6   Notice of Allegations: The Title IX Coordinator will provide all parties who are known with a notice of allegations that will include a copy of the Title IX Formal Complaint. The notice will state that the respondent is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the hearing process, and will include a summary of available resources, the contact information for the Title IX Coordinator, a link to this policy and a caution against retaliation or knowingly making false statements or submitting false information. The notice of allegations will provide the respondent with sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known. The notice of allegations will inform the parties that they may have an advisor of their choice (who may be, but is not required to be, an attorney), and that they will be able to inspect and review evidence as provided in this Title IX process. The university will not limit the presence or choice of an advisor for either the complainant or respondent in any meeting or hearing, except: 1) only one advisor and one support person may accompany a party; and 2) the advisor and support person may not participate in any way except as specifically permitted in this policy or as required by law.

6.7   Investigation and Investigation Report: After completion of any appeal of the determination under section 6.5, the Title IX Coordinator will  appoint an investigator, who shall work under the direction of the Title IX Coordinator to complete a thorough, prompt, and impartial investigation. The investigator will be trained in their responsibilities under Title IX and this policy, and be free from conflicts of interest or bias.

6.7.1   Draft Investigative Report: The investigator shall prepare a written report of the investigation that fairly summarizes relevant evidence. The investigator shall provide an initial draft of the report to the Title IX Coordinator, who shall review the report for thoroughness and fairness. This draft shall be treated as a confidential document, subject to the governmental decision maker and other available legal privileges.

6.7.2   Review of Evidence and Comment Draft: The Title IX Coordinator shall provide a comment draft of the report to both the complainant and the respondent, and at the same time provide both parties with access to (or copies of) any evidence obtained as part of the investigation that is directly related to the allegations raised in a Title IX Formal Complaint. The parties will be provided with ten days to submit a written response containing suggestions to make the report more accurate. The investigator shall consider the written response(s) but is not required to accept any proposed change from either party.

6.7.3   Final Report: The investigator shall prepare a final investigative report and submit it to the Title IX Coordinator.

6.8   Report of Policy Violation: The Title IX Coordinator shall prepare a report of violation to be used to guide the parties to prepare for the hearing and to assist the decision-maker to understand the evidence presented at the hearing. The report of violation shall provide fair notice of the alleged facts and shall specify the provisions of this policy or other UNH or USNH policy that are alleged to have been violated. The report of violation, together with a copy of the final investigative report, shall be conveyed to the parties at least 10 days before the hearing. The report of violation will state that the respondent is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the hearing process.

6.9   Permissive Dismissal: UNH may dismiss the Title IX Formal Complaint or any allegations therein, if at any time during the investigation or hearing:

6.9.1   A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the Title IX Formal Complaint or any allegations therein;

6.9.2   The respondent is no longer enrolled or employed by UNH; or

6.9.3   Specific circumstances prevent UNH from gathering evidence sufficient to reach a determination as to the Title IX Formal Complaint or allegations therein.

6.10   Hearing Procedures: UNH will provide for a live hearing with the decision-maker to adjudicate policy violation involving sexual harassment as provided by Title IX. The decision-maker will be free of conflicts of interest or bias. Such violations shall be decided as other offenses under this policy, subject to the following adjustments.

6.10.1   The Title IX Coordinator will assign an advisor, free of charge, to both parties, although either party may at their own cost select a different advisor of their choice. Each advisor shall be aligned with one party and responsible for advising that party on preparing for the hearing, reviewing evidence, and conducting cross examination. The complainant and the respondent have a right to choose to bring their own legal counsel as an advisor; advisors may be present at any meeting or hearing. Legal counsel shall provide the Title IX Coordinator with 24 hours’ notice that counsel will be present at any hearing or meeting. University counsel may be present at any meeting or hearing as well. Advisors shall abide by the rules of decorum at every meeting or hearing and shall not disrupt any meeting or hearing.

6.10.2   The decision-maker will have been trained in their responsibilities under Title IX and this policy. The decision-maker will not be the same person as the Title IX Coordinator or the investigator.

6.10.3   The decision-maker will have an advisor to assist them to rule on the admissibility of evidence.

6.10.4   The complainant and the respondent have a right to have an advisor present at any meeting or hearing and to have access to appropriate advice about the hearing process. The parties must speak on their own behalf at hearings, except that only advisors (and not the parties themselves) may conduct cross examination of witnesses and the other party.

6.10.5   The Title IX Coordinator and the decision-maker shall assure that the complainant and respondent have the opportunity to present witnesses and argument, either in writing or in person as required, to reach a fair and accurate determination of the matter.

6.10.6   The Title IX Coordinator may conduct preliminary meetings separately with the complainant and respondent. The Title IX Coordinator may permit or require the parties to be in separate rooms or behind a screen during the hearing itself, and hearings may be held virtually, provided, however, that the respondent’s right of confrontation shall be given appropriate weight and protection in fashioning protections for the complainant.

6.10.7   The decision-maker will issue a written determination regarding responsibility The Title IX Coordinator will provide the written determination to the parties simultaneously. The determination regarding responsibility becomes final either on the date that UNH provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

6.11   Appeal

6.11.1   Either party may appeal 1) a decision by the Title IX Coordinator to dismiss a Title IX Formal Complaint under section 6.5 or section 6.9; or 2) a responsibility determination by the decision-maker. Parties have ten (10) working days in which to file such an appeal. Both parties will have ten (10) working days following receipt of notice of appeal in which to submit a written statement in support of, or challenging, the outcome. Subject to extension for good cause, appeals will be decided within twenty (20) working days thereafter.

6.11.2   The Title IX Coordinator will notify both parties in writing when an appeal is filed and implement appeal procedures equally for both parties.

6.11.3   The decision-maker(s) for the appeal may not be the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator. The appellate decision-maker will issue a written decision describing the result of the appeal and the rational for the result. The Title IX Coordinator will provide the written decision simultaneously to both parties.

6.11.4   Basis for Appeal: An appeal can only be based on one or more of the following purposes:

6.11.4.1   Procedural Error: To determine whether the original hearing was conducted in conformity with the procedures contained in this policy.

6.11.4.2   Newly Available Evidence: To consider whether there is new evidence, sufficient to alter a decision, provided, however, that the evidence was not reasonably known to the person appealing at the time of the original hearing.

6.11.4.3   Legal error: To determine whether there was bias, conflict of interest or other legal error in the investigative or adjudicative process that a court would likely recognize as requiring a new hearing.

6.12   Informal Resolutions of Sexual Harassment Allegations

Informal resolution cannot be utilized when a student alleges sexual harassment by an employee. UNH may not offer an informal resolution process unless a Title IX Formal Complaint is filed. Subject to these limitations, at any time prior to reaching a determination regarding responsibility the Title IX Coordinator may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided that UNH:

(i) Provides to the parties a written notice disclosing: The allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a Title IX Formal Complaint arising from the same allegations (provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the Title IX Formal Complaint); and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; and
(ii) Obtains the parties’ voluntary, written consent to the informal resolution process.
 
6.13   Time Frames for Resolution: Any Title IX Formal Complaint will be investigated and adjudicated in a reasonably prompt time, generally 180 working days. Informal resolutions must be concluded in the same time frame as would apply to investigation and adjudication of a Title IX Formal Complaint. Temporary delay of the grievance process or the limited extension of time frames is permitted for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action. Just cause may include considerations such as the absence or unavailability of a party, a party’s advisor, or a witness; concurrent law enforcement activity; the need for language assistance or accommodation of disabilities.

1This body of law incorporates federal and state statutes, agency regulations and guidelines, and any judicial opinions interpreting or applying those laws. Generally, discrimination and harassment complaints related to race, color, religion, age, sex, national origin, or sexual orientation, are addressed by Title VI and Title VII of the Civil Rights Act of 1964 and/or New Hampshire's Law Against Discrimination (RSA 354-A). Equal Employment Opportunity Commission (EEOC) regulations under Title VII and the Office for Civil Rights (OCR) regulations under Title IX of the Education Amendment of 1972 deal with sex discrimination and sexual harassment. EEOC and OCR also regulate Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 to address complaints of physical, mental and learning disabilities. Discrimination complaints related to age are addressed by the Age Discrimination in Employment Act of 1967 and/or the Age Discrimination Act of 1975. Some categories are limited to employment, others to education, and still others are not included under Federal or State law or USNH policy. Any categories included in University policy are treated as protected categories.

2Familial status is subject to NH law, but only in regard to housing.

3 “formal complaint” applies to section 5 of this policy and only addresses NON-Title IX Formal Complaints (see Section 6 for Title IX Formal Complaints and Title IX Procedures).

4Special procedures are required if suspension without pay or termination is contemplated for a respondent who is a member of the faculty collective bargaining unit (see collective bargaining agreement).

C. Employment

(Note: OLPM sections on this page may be cited following the format of, for example, "UNH.V.C.5.16.1.1". 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.)


5.16   Postdoctoral Appointments

5.16.1   Definition. Postdoctoral appointees are pre-professionals who hold the Ph.D., M.D., or equivalent degree and come to the University for a limited period under the guidance of a University faculty mentor to further their professional development by engaging in independent or original research or teaching, or an advanced training program. The University uses three types of postdoctoral appointments: Postdoctoral Research or Teaching Associate, NIH Postdoctoral Trainee, and Postdoctoral Fellow.

5.16.1.1   Postdoctoral Research or Teaching Associates conduct research or teaching as University employees on grants from external sponsors to the University based on proposals from the University faculty mentor. Typically, the grant is charged for the postdoctoral appointee's salary and health benefits.

5.16.1.2   NIH Postdoctoral Trainees are recruited by the University faculty mentor who has written a proposal resulting in a National Research Service Award (NRSA) institutional training grant award from NIH to the University. The grant is charged directly for the trainee's stipend and a sponsor-determined percentage of related training costs and allowable health benefits. NIH policy mandates that trainees must not be considered University employees.

5.16.1.3   Postdoctoral Fellows are recipients of their own research or teaching awards from an external sponsor after having secured a University faculty mentor. Fellows' stipends are typically paid directly to the fellows. When sponsor financial allowances are provided to the host institution, such allowances cover costs related to the research or teaching, such as equipment, supplies, and administrative support. Fellows are not University employees. However, if a fellow elects to receive his/her stipend through the University, he/she will be appointed as a postdoctoral research or teaching associate.

5.16.2   Advertising. For postdoctoral appointees who will receive salary or stipend through the University, the hiring unit in consultation with the Human Resources Office will post the position in the recruiting system for the purpose of formal tracking, EEO reporting and increasing the potential of diverse applicants.

5.16.3   Appointment Process. The University college/school dean makes the postdoctoral appointments based on recommendations of the faculty mentor. Appointment letters must include the basic appointment terms such as appointment period (see below), salary or stipend level, benefits information, and other applicable information pertaining to the specific appointment. An appointment extension is documented by a new letter from the dean to the appointee, with the pertinent information included. The faculty mentor must co-sign all appointment correspondence.

5.16.4   Appointment period. Postdoctoral appointments are full time and are made for a minimum of the equivalent of one academic or fiscal year up to a maximum of three years. At the recommendation of the faculty mentor and with the dean's concurrence, appointments can be extended under special circumstances to a maximum total of five years.

5.16.5   Salary/Stipend, Initial. There is no University wage scale for postdoctoral appointees. The University faculty mentor is expected to recommend an initial salary that is competitive for the appointee's discipline and, where applicable, appropriate for the grant to be charged. For postdoctoral trainees, the NIH NRSA stipend schedule must be followed. The initial salary/stipend must be specified in the appointment letter. (See Appointment Process above)

5.16.5.1   Salary Increase Process. Postdoctoral research and teaching associates are eligible to participate in the University's annual salary increase process. The faculty mentor recommends the amount of the salary increases consistent with UNH salary increase and external sponsor guidelines.

5.16.5.2   Years of Service. If a postdoctoral research or teaching associate converts to a USNH faculty or staff position, years served during the postdoctoral appointment period will be counted towards USNH years of status service for purposes of employee benefits, recognition programs, and other similar employee programs.

5.16.6   Benefits

5.16.6.1   Postdoctoral Research or Teaching Associate

5.16.6.1.1   Benefits – Postdoctoral Research and Teaching Associates are provided the same benefits as status, non-union employees found at USY.V.A.4. The employer share of benefits costs is provided through charging the grant supporting the postdoctoral appointee’s salary.

5.16.6.2.   NIH Postdoctoral Trainee. Ineligible to participate in the USNH health benefits program, trainees nevertheless are required to have medical coverage during their appointment periods. Medical insurance costs from private carriers will be reimbursed by the applicable NIH training grant to the University to the extent such costs are allowable by the NIH. Trainees are responsible for their own dental costs.

5.16.6.3   Postdoctoral Fellows. Ineligible to participate in the USNH health benefits program, fellows are personally responsible for medical insurance coverage. Costs for private carrier medical coverage may be reimbursed by the applicable grant to the extent such costs are allowable by the sponsor. Fellows are responsible for their own dental costs.

5.16.7   Complaint Process. Appointees should contact the Human Resources Office for alleged violations of USNH Board of Trustees, USNH, or University policies and/or federal or state laws.

5.16.8   Performance Review. Annual written performance reviews will be conducted by each appointee's University faculty mentor. Copies of the reviews will be provided to the appointee and to the dean.

5.16.9   Privileges. All postdoctoral appointees are provided with a University identification card that entitles the appointees to use the library and other facilities; obtain a parking permit at the employee staff rate; receive University employee discounts on equipment/supplies to be used in connection with the research, teaching, or training program; and other privileges generally available to University identification cardholders.

5.16.10   Responsibilities. Postdoctoral appointee responsibilities include but are not limited to conscientious discharge of research and/or teaching responsibilities; conformity with ethical standards in research or teaching; compliance with good laboratory practice, where applicable, including maintenance of adequate research records; where applicable, observation of University standards for use of sensitive/hazardous materials or involvement of vertebrate animals or human subjects; open and timely discussion, when applicable, with the University faculty mentor regarding possession or distribution of materials, reagents, or records belonging to the mentor's laboratory, and any proposed disclosure of findings or techniques privately or in publications; collegial conduct; and compliance with all applicable University policies.

5.16.11   Termination. The postdoctoral appointee's University faculty mentor may recommend termination of appointment during the appointment period for reasons of performance, unexpected cessation of funding by sponsor, or other reasons specified in USY V.C.9 Termination. A notice of 60 days must be provided to the appointee. Notice of termination must be in writing by the dean and co-signed by the faculty mentor, and specify the termination period. Salary/stipend and benefits will cease at termination.

6.   Appointment of Clinical Faculty

6.1   Definition: Clinical faculty have specialized training and experience in a professional field. It is expected that clinical faculty have expertise in three areas: direct services to clients, supervision and teaching in a clinical or practice setting, and service.

6.2   Appointment procedure: Individuals with recognized excellence as clinicians and teachers are eligible for appointments in the clinical faculty track. Appointments are made at three faculty levels: Clinical Assistant Professor, Clinical Associate Professor, and Clinical Professor.

6.2.1   UNH Advertising and Affirmative Action policies must be followed in appointing Clinical Faculty. Appointments may be full-time or part-time and are always made to an existing academic department or program. Appointments require approval based on the by-laws in that department or program and a positive recommendation from the appropriate dean(s). Such individuals are granted academic rank within the department or program by the Provost. Appointments are for a one to five-year term, renewable.

6.2.2   The Dean recommending an appointment will forward the following materials to the Provost:

6.2.2.1   A letter signed by the department chairperson or program director indicating that the candidate meets the criteria outlined below and favor the appointment at the rank specified, and appointment period; and

6.2.2.2   A written recommendation by the appropriate college dean(s)

6.3   Criteria

6.3.1   A Clinical Assistant Professor shall have completed a terminal degree appropriate for his/her field and shall have successful teaching or other relevant experience. A Clinical Assistant Professor will hold current licensure/certification as appropriate to the field and have significant professional experience post master's degree in the appropriate field.

6.3.2   A Clinical Associate Professor shall have attained a terminal degree, have had several years of successful teaching or other relevant experience, and shall have shown evidence of professional leadership and scholarly activity. A Clinical Associate Professor will hold current licensure/certification as appropriate to the field.

6.3.3   A Clinical Professor shall have a background of successful teaching, marked by the perspective of maturity and experience, and some outstanding creative attribute recognizable in the professional and academic world as a special asset to the University. A Clinical Professor will hold current licensure/certification as appropriate to the field.

6.4   Responsibilities and Privileges

6.4.1   Clinical faculty are responsible for providing direct service to patients or clients, training and supervising students, and/or coordinating student field experiences/internships. Their primary function is to help baccalaureate and/or graduate students acquire clinical skills needed in a professional environment. Clinical Faculty are considered to be faculty, but they do not occupy tenure-track faculty positions. Clinical faculty may be eligible for appointment to the Graduate Faculty.

6.4.2   Clinical Faculty are not eligible for sabbatical leave or tenure. Voting rights of Clinical Faculty within a department or program are determined by the by-laws of that unit. Clinical Faculty otherwise have ordinary faculty privileges (library, parking, etc.). They are eligible for benefits in keeping with established Board of Trustees policy.

6.4.3   Promotion recommendation for Clinical Faculty follow University Promotion and Tenure policy except that the evaluation of the candidate is limited to accomplishments in direct services to clients, supervision and teaching in a clinical or practice setting, and service as defined in this policy statement.

6.5   Review

6.5.1   Annual written reviews are prepared by the department chair or program director. It is expected that the review will justify the need for reappointment, and will summarize the candidate's strengths and accomplishments in her/his current position in relation to clinical contributions, teaching, and service.

7.   Appointment of Extension Faculty

7.1   Definition: Extension Faculty have specialized training and experience in an academic discipline. These individuals are responsible for providing disciplinary expertise and educational curriculum for Cooperative Extension outreach programs. In addition to disciplinary expertise, Extension Faculty have proficiency in program development and evaluation, group process and facilitation and leadership development.

7.2   Appointment Procedure: Individuals are eligible for appointments in the extension faculty track when the appointment is within an academic department/program. Appointments are made at four faculty levels: Extension Instructor and Extension Specialist, Extension Assistant Professor and Extension Specialist, Extension Associate Professor and Extension Specialist, and Extension Professor and Extension Specialist. Appointments without an academic affiliation will be classified as Extension Specialists.

7.2.1   UNH advertising and Affirmative Action policies are consistently followed in the appointment of Extension Faculty. Appointments may be full-time or part-time and are always made to an existing academic department or program. Appointments require approval based on the by-laws in that department or program and a positive recommendation from the appropriate dean and the Dean and Director of Cooperative Extension. Such individuals are granted academic rank within the department or program by the Provost. Appointments are for a one to five year term, renewable. All appointments will follow an extensive search and interview process led by a search committee. Search committee membership and candidate interviews include department chairs and faculty as appropriate.

7.2.2   The Dean and Director of Cooperative Extension shall forward the following materials to the Provost when recommending an appointment:

7.2.2.1   A letter signed by the department chairperson or program director indicating that the candidate meets the criteria outlined below and favor the appointment at the rank specified and appointment period

7.2.2.2   A written recommendation by the appropriate college dean

7.2.2.3   A written recommendation by the Dean and Director of Cooperative Extension

7.3   Criteria

7.3.1   A master's degree and extensive training and experience are minimum requirements for Extension Faculty. A doctorate is preferred. Also required is evidence of a high level of ability to identify needs, establish program priorities and educational objectives, and to design, conduct and evaluate both disciplinary and interdisciplinary programs. Extension Faculty must also have acquired recognition for their disciplinary leadership and competence, and maintain expertise through appropriate professional development and professional association activities.

7.4   Responsibilities and Privileges

7.4.1   Extension Faculty are responsible for providing the disciplinary expertise and statewide leadership for educational outreach programs conducted by Cooperative Extension staff located in all ten New Hampshire counties. Some have direct contact with clientele through group teaching or individual consultation to address specific needs or problems. Other responsibilities include conducting training for both paid and volunteer staff; producing educational curricula, publications and teaching materials; and working collaboratively with colleagues in other states to address problems or needs of the region.

7.4.2   Extension Faculty are not eligible for sabbatical leave or tenure. Voting rights of Extension Faculty in a department or program are determined by the bylaws of the department/program. Extension Faculty otherwise have ordinary faculty privileges (library, parking, etc.). They are eligible for benefits in keeping with established Board of Trustees policy.

7.4.3   Promotion recommendations and procedures for Extension Faculty follow the Extension Educator Ranking System promotion guidelines, overseen by the Extension Educator Promotion Committee. Promotion is based on program planning and implementation accomplishments, disciplinary competence, professional development, and leadership achievements.

7.5   Review

7.5.1   Annual written performance reviews are conducted annually by the appropriate Cooperative Extension Program Leader and the Dean and Director of Cooperative Extension. This is done in consultation with the appropriate department chair and college/school dean. These annual reviews highlight strengths and accomplishments, justification for reappointment, and performance enhancement or professional development.

8.   Appointment of Research Faculty

8.1   Definition: Research Faculty (Research Assistant Professor, Research Associate Professor, Research Professor) are those who have research as their principal assignment. Research faculty are typically supported by a variety of mechanisms (internal and external sources); however, the majority of salary support is derived from grant and contract funds obtained by the research faculty member. Research Faculty are not eligible for tenure.

8.2   Appointment Procedure. Affirmative Action policies are followed in appointing Research Faculty. Unless the person to be appointed is either a prominent scientist who will be the project director of the external grant or contract, or already an employee of the University, advertising and competitive selection is required.

8.2.1   Appointments may be full-time or part-time for a 9 month academic year (AY) or 12 month fiscal year (FY) and are normally made to an existing department. They require the approval of the faculty in that department in accordance with their bylaws and the concurrence of the appropriate dean(s), the Senior Vice Provost for Research and the Provost. Such individuals are granted academic rank within the department or program by the President upon recommendation of the Provost.

8.2.1.1   Appointment Options. In consultation with and approval from the Dean and/or Director of University Institute, Research Faculty may select an appointment period once every three (3) years. This limitation lends stability to both the faculty member and to his/her department or center, and reduces the administrative overhead involved in changing appointments. Research faculty who choose a fiscal year appointment will follow PAT guidelines for accrual, use, and tracking of annual and sick leave. Accrued vacation time must be used prior to the end of the Fiscal Year appointment.

8.2.2   When recommending an appointment, the following materials are to be forwarded to the Provost:

8.2.2.1   A letter signed by the department chairperson (or other unit director in the event that the appointment is not proposed within an academic department) indicating that a majority of the faculty in the department agree that the candidate meets the criteria outlined below and favor the appointment at the rank specified;

8.2.2.2   Specific recommendations by the appropriate college dean(s) and the Vice Provost for Research.

8.2.3   Appointments are renewed annually for Research Assistant Professors and may be renewed up to five years for senior faculty. They may be renewed only if continued external funding is assured.

8.3   Criteria

8.3.1   The three ranks of Research Assistant Professor, Research Associate Professor, and Research Professor parallel their tenure-track counterparts. However, research is the primary focus of the candidate.

8.3.1.1   A Research Assistant Professor shall have completed formal advanced study appropriate to his/her field and shall have demonstrated success in carrying out externally funded research, be capable of advising graduate students, and provide some service to the University and profession.

8.3.1.2   A Research Associate Professor shall have completed formal advanced study, had several years of successful research experience, and have shown clear evidence of his/her ability to conceive and perform independent research and to obtain external funding for his/her research, supported and advised graduate students, and provide some service to the University and profession.

8.3.1.3   A Research Professor shall have a background of successful research, marked by maturity and experience that has earned him/her a national/international reputation in the field. The candidate will have supported and advised graduate students and provided some service to the University and profession.

8.4   Responsibilities and Privileges

8.4.1   Research Faculty may fulfill some teaching and/or service responsibilities. However, research must remain the principal duty of the faculty member. Research Faculty may serve as directors of graduate student research and may serve on thesis committees.

8.4.2   Research Faculty are not eligible for service in the Faculty Senate, nor are they eligible for sabbatical leave or tenure. Voting rights of Research Faculty within a department or program are determined by the bylaws of the department, institute, or center. Research Faculty otherwise have ordinary faculty privileges (library, parking, etc.). They are eligible for benefits in keeping with established Board of Trustees policy.

8.4.3   Annual written reviews are prepared by the department chairperson, program director, institute or center director who also makes the initial recommendation for salary adjustment. Promotion recommendations for Research Faculty follow University Promotion and Tenure policy except that evaluation of the candidate is limited to accomplishments in research and scholarly activity. An appropriate format for promotion recommendations is provided by the Provost in consultation with the Vice Provost for Research.

D. Employee Relations

(Note: OLPM sections on this page may be cited following the format of, for example, "UNH.V.D.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.   Fast and Impartial Resolution (FAIR) Complaint and Grievance Process

1.1   Overview: The Fast and Impartial Resolution (FAIR) procedures represent two distinct but related processes established for the purpose of resolving work-related problems and/or misunderstandings. A complaint is an expression of dissatisfaction or concern related to a workplace situation whereas a grievance is a written statement alleging a violation of University, University System or Board of Trustees policy.  The FAIR Complaint and Grievance policy is intended to assist with the prompt consideration and resolution of issues brought forth under this policy.

1.2   Common Attributes of FAIR

1.2.1   Eligibility: A complaint or grievance may be filed by any status faculty or staff member who is not part of a bargaining unit or an Executive Officer. Staff members in the initial introductory period of employment are excluded from using the grievance procedure to appeal termination of employment for inability to meet the requirements of the position.

1.2.2   Definition:

1.2.2.1   A complaint is an expression of dissatisfaction or concern related to a workplace situation. It does not encompass appeals to administrative processes such as classification, salary increases, issues of merit, nor does it apply to discrimination, harassment or termination of employment, as other processes are available for such issues. A complaint may be filed with Human Resources to address inappropriate workplace behavior, whether by verbal or physical behavior or electronic means, which is conducted by one or more persons against another or others that is harmful or inhibits their accomplishment of work or inclusion as members of the university community. It may include abuse of power. These behaviors may result in disciplinary actions, including termination. Examples of such conduct, which may, if continued or repeated, constitute inappropriate workplace behavior may include, but are not limited to:

  • Spreading rumors, hurtful gossip or innuendo
  • Yelling, public reprimands, name-calling, mocking, insulting or ridiculing
  • Unwanted physical contact or physical gestures that intimidate or threaten
  • Taking credit for another’s work
  • Withholding information and/or resources essential to perform one’s job
  • Ignoring a coworker such that the coworker is unable to perform their job
  • Ostracism, isolation, humiliation, dissociation or exclusion from others

1.2.2.2   A grievance is a written statement alleging a violation of University, University System or Board of Trustees policy. The grievance procedure shall not be used to review the substantive merits of an administrative judgment, evaluation, or other discretionary act of decision, except as may be necessary when a violation of a nondiscrimination policy is alleged.

1.2.3   Time Requirements: Employees shall complete a FAIR Notice Form and file it with Human Resources by 4:30 p.m. of the 10th calendar day from the day on which the employee became aware of the action which caused the complaint or the alleged policy violation. Human Resources shall acknowledge receipt of a complaint or grievance within 5 work days.

1.2.4   Employee Rights: The filing of a complaint or grievance shall not affect the employee's rights to seek any remedy which may be available in an external forum and does not postpone any deadlines for pursuing such remedies.

1.2.5   Third Party: The employee may be assisted by a third party that is a status employee of the University and not an attorney.

1.2.6   Witnesses: The employee may invite participation of witnesses who have direct knowledge or have participated in the issue. Participation of character witnesses is usually not appropriate in this process.

1.2.7   Coordination: Human Resources will coordinate the FAIR process and act as a resource to all parties involved.

1.2.8   Records: The documentation resulting from the formal process, including each step of the grievance process, shall be kept in confidential Human Resources files, separate from the employee's personnel file. Such files will be kept for at least three years after the termination or retirement of the employee.

1.2.9   Remedies: Any complaint remedy, which conforms to the intent of the policy and has been reviewed by Human Resources, is possible. Grievance remedies are limited to those necessary to bring the grieved action into compliance with the violated policy.

1.3   Step I FAIR Process

1.3.1   Employees should first meet with their supervisor or the individual with whom they have a complaint and try to resolve the issue informally. If the issue remains unresolved, or if the employee believes it is inappropriate to address the complaint informally, he/she should contact Human Resources.

1.3.2   Human Resources will consider the nature of the issue and provide information and guidance on FAIR options. The University encourages the use of the facilitation option to resolve issues. The facilitation meeting brings together the people involved in the complaint in a neutral environment and seeks a mutually agreed upon resolution. Other options include, but are not limited to, discussion with supervisor, investigation of the facts and mediation.

1.3.3   Human Resources will seek to implement the option selected by the employee within five calendar days of receiving the completed FAIR Notice Form within the established time frame stated in UNH V.D.1.2.3. Completion of the FAIR Notice Form helps to define the issue or issues of concern to the employee and facilitates communication between those involved with the complaint or grievance.

1.3.4   Human Resources will act as a resource to all parties involved. This assistance may include providing mediation, conflict resolution services, information gathering, document collection, copying, release time for witnesses, or other assistance deemed appropriate.

1.3.5   All meetings, as part of this procedure, shall be non-adversarial, and all parties will extend serious consideration to the views of all involved in an attempt to reach a mutually acceptable resolution. Resolution will be in written form, non-precedent setting and as confidential as appropriate to the circumstances as determined by the University.

1.3.6   If the issue remains unresolved at the end of Step I, it may proceed to Step II if Human Resources determines that the issue is grievable and the employee decides to continue the process. Human Resources will notify the employee of the option to proceed to Step II and the time requirements to do so.

1.4   Step II FAIR Process

1.4.1   The Step II process is available to employees who are grieving termination, continuing their complaint after completion of Step I, or grieving through the harassment policy. Identifying the harassment policy will first be forwarded to the Affirmative Action and Equity Office for a preliminary investigation and those results will be submitted into any grievance hearing. The employee may continue complaint to Step II, or grievance of termination of employment with written notification to Human Resources. A FAIR notice form for Step II must be completed by the employee and must be received by 4:30 p.m. of the fifth calendar day after the end of Step I. Time requirements for termination of employment are as stated in UNH V.D.1.2.3.

1.4.2   The Step II grievance will be heard by a Peer Review Panel unless the employee requests that the President (or President's designee) hear the grievance directly and the President agrees to the request. The employee can indicate their preference for who hears the grievance on the FAIR form or communicate it to Human Resources within 5 days of submitting the form. If the employee requests a hearing by the President and the President agrees to the request, he/she will notify the employee.

1.4.3   Hearing: The Step II hearing will be scheduled within 10 calendar days from receipt of the employee's completed FAIR notice form unless there are unavoidable delays approved by Human Resources or agreed to by mutual consent of the grievant and the University.

1.4.4   President/Designee: The employee will present the grievance directly to the President or designee who will in turn determine the hearing procedures, time limits and overall format. If hearing the grievance directly, the President's decision is final.

1.4.5   Peer Review Panel: The Peer Review Panel consists of three status University employees, one of whom may be the same occupational type as the grievant, and one may be the same occupational type as the respondent. Each party to the grievance may waive the occupational type option for themselves. If the respondent is an Executive Officer or Academic Administrator, the panel member need only have a supervisory responsibility.

1.4.5.1   The Peer Review Panel will be chosen from a list of employees administered by Human Resources. Human Resources oversees the hearing procedures including, but not limited to, training the panel, method of hearing witnesses, time limits and overall format.

1.4.5.2   The Peer Review Panel will determine whether or not a policy violation occurred.

1.4.5.3   Within five calendar days of hearing the grievance, the panel will make a recommendation to the President. The decision will be by majority vote.

1.5   Decision of the President. When the President has not personally heard the grievance, the President shall receive the recommendation of the Peer Review Panel or designee and make a decision on the employee grievance. The President may accept or reject the recommendation in whole or in part or request additional information. Normally within five calendar days of the President receiving the recommendation or hearing the grievance, the President will make a decision and notify the grievant and other parties involved of the decision. The President's decision is final.

1.5.1   Exception. If the President is named as a party in a grievance see USY V.D.12.4.1.7.1.

1.6   An employee who is grieving a termination may be placed on leave of absence without pay during the time involved in processing the grievance if necessary time exceeds notice period. Under such circumstances, USNH shall continue its benefits contributions for up to ninety (90) days for a member of the Operating Staff and for up to one hundred and twenty (120) days for a member of the PAT, Extension Educator or Academic Administrator unless otherwise stated by collective bargaining contract or Faculty Handbook. Normal notice periods shall apply in cases of termination. See USY V.C.9.8.5.

3.   Safety

3.5   Excessive heat guidelines. When it has been determined by the UNH Department of Environmental Health and Safety that the Wet Bulb Globe Temperature has exceeded the Permissible Heat Exposure Threshold Limit Value (TLV), the Director of EHS will inform the President or his/her designee, and the following guidelines will be in effect. All faculty, staff, students and guests attending University of New Hampshire sponsored camps and/or other outdoor activities as well as those sponsoring such programs are advised to use caution.

3.5.1   Outdoor activities. Activity should be modified to either be inside or in a shaded area, and schedules may also be modified. If this is not possible, staff and others should be required to take frequent breaks and remain well hydrated. The American Conference of Governmental Industrial Hygienists has made the following recommendations: For activity requiring heavy or moderate exertion individuals should be on a 25% work/75% rest regimen each hour and for work requiring light exertion individuals should be on a 50% work/50% rest regimen each hour.

3.5.2   Indoor activities. For staff and others active in areas without air conditioning, the temperature and humidity in individual offices will vary as will individual tolerances for heat. Supervisors may consider relocation to an air conditioned area if available such as Dimond Library; staff may work from home if practical or may be released for the remainder of the day.

3.5.3   General information. In both of the above instances supervisors are free and encouraged to send staff home with pay if their work environment has reached intolerable and unhealthy levels due to excessive heat. Staff will not be required to use leave time/earned time in this instance.

3.5.3.1   If excessive heat is declared, it will be communicated through the UNH Alert System.

4.   Tobacco [Use of]

4.1   Preamble. The University of New Hampshire (UNH) joins with the American College Health Association (ACHA) in supporting the findings of the Surgeon General that tobacco use in any form, active and passive, is a significant health hazard. UNH further recognizes that environmental tobacco smoke has been classified as a Group A carcinogen by the United States Environmental Protection Agency. In light of these health risks, UNH hereby adopts a tobacco policy that addresses prevention, reduction and cessation actions as they pertain to tobacco/smoking issues.

UNH supports the health goals of the U.S. Public Health Service (USPHS) to reduce the proportion of adults who smoke to below 12% by the year 2010 and to positively influence our community by helping people to remain or become tobacco/smoke free. Efforts to promote a tobacco/smoke-free environment have led to substantial reductions in the number of people who smoke, the amount of tobacco products consumed, and the number of people exposed to environmental tobacco smoke. At the same time, the simple message of "smoke-free" can sometimes be misinterpreted to mean "smoker-free" or "anti-smoker." Our intent is to institute a policy that respects the rights of smokers and non-smokers. We acknowledge the Centers for Disease Control and Prevention (CDC) statistics that an estimated 32 million smokers (about 70% of all smokers) report that they want to quit smoking completely. We recognize that the implementation of a tobacco/smoking policy will have an immediate effect on our smokers and have included prevention, education and cessation initiatives to support the non-use of tobacco products.

4.2   Policy. In order to protect the health, safety and comfort of University students, faculty and other academic appointees, staff, and visitors, and consistent with state law (RSA 155:64-77), it is the policy of the University of New Hampshire to restrict smoking in facilities and on grounds owned and occupied or leased and occupied by the University. Where the needs of smokers and nonsmokers conflict, smoke-free air shall have priority. In addition, UNH supports education programs to provide smoking cessation and prevention initiatives to our students, faculty and other academic appointees and staff. This policy supersedes all other tobacco/smoking policies at UNH.

4.3   Procedures

4.3.1   Education

4.3.1.1   The UNH tobacco policy shall be included in the new employee and student orientation program, in the UNH "Student Rights, Rules, and Responsibilities" handbook, in admissions application materials and other campus documents where appropriate.

4.3.1.2   UNH encourages employees and students not to smoke by offering educational information and providing information about smoking cessation classes offered through university departments or offices, health care providers, nonprofit organizations or other groups.

4.3.1.3   UNH Health Services Office of Health Education & Promotion will provide prevention and cessation programs to students upon request and offer other prevention and education initiatives that support non-use and address the risks of tobacco smoke.

4.3.1.4   USNH health and wellness programs and services will offer prevention and cessation programs to faculty and staff.

4.4   Nonsmoking areas

4.4.1   Inside all buildings owned and occupied or leased and occupied by UNH.

4.4.2   University vehicles

4.4.3   Outdoor Areas

4.4.3.1   Entrances and outside stairways to buildings and outdoor passageways to entrances and stairways. Smoking will not be allowed within twenty (20) feet of a building or an air intake unit.

4.4.3.2   Courtyards or other areas where air circulation may be impeded by architectural, landscaping or other barriers.

4.4.3.3   Outdoor entry or service lines, such as for ticket purchases, event admissions, bus stops, ATMs, etc.

4.4.3.4   Outdoor seating areas provided by food services.

4.4.3.5   Areas where there is fixed seating, such as Cowell Stadium.

4.4.3.6   Areas that are reserved for events that do not have fixed seating but for which the sponsor determines that the interests of nonsmokers need to be protected (e.g., outdoor concerts, university receptions and events, and groundbreaking ceremonies). Such areas are designated "no smoking" by posting signage at appropriate locations or providing proper advanced notification.

4.5   Sales and Marketing

4.5.1   Advertisement of all tobacco products or their use shall be prohibited in all University of New Hampshire publications and on all University owned, occupied or leased properties.

4.5.2   Any sale or free sampling of tobacco products on campus shall be prohibited.

4.6   Implementation

4.6.1   This policy relies on the consideration and cooperation of smokers and nonsmokers. All members of the UNH community, including visitors, are asked to observe this policy.

4.7   Responsibilities

4.7.1   The President, Vice Presidents, Deans, Directors and Department Heads shall:

4.7.1.1   Assure that this policy is communicated to everyone within their areas of responsibility.

4.7.1.2   Direct complaints and questions about the policy to the Environmental Health & Safety Office.

4.7.2   Any variation of this policy must be approved by the President upon the recommendation of the appropriate senior administrator reporting directly to the President.

5.   Lactation Policy

5.1   Rationale. The University of New Hampshire in compliance with New Hampshire State law, RSA 132:10-d: Breastfeeding in New Hampshire, and 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.

5.2   Policy Statement. The University of New Hampshire 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 University of New Hampshire to prohibit discrimination and harassment of breastfeeding employees who exercise their rights under this policy.

5.3   Applicability of the Policy

5.3.1   All units of the University; and

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

5.4   Procedures: Supervisor and Employee Responsibilities

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

5.4.2   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 policy USY V.A.12), or the employee can come in earlier, leave later, or take a shorter lunch.

5.4.3   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. The University’s Lactation rooms may be accessed at http://www.library.unh.edu/services/lactation-room.

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

5.4.5   Employees and supervisors who have concerns or questions regarding the UNH Lactation Policy should contact the Office of Human Resources at (603) 862-0501 or (603) 862-3227 (TTY).

5.4.6   Employees who believe they have been denied appropriate accommodation or that this policy may have been violated should contact Office of Human Resources or the Affirmative Action and Equity Office at (603) 862- 2930 Voice/TTY.

6.   Consensual Amorous Relationship Policy  Spanish version

6.1   Purpose and Scope

6.1.1   At the University of New Hampshire (UNH), as at all institutions of higher learning, it is necessary to acknowledge existing hierarchies and power dynamics and to mitigate negative consequences of such factors through the establishment and enforcement of high standards of professional conduct.

6.1.2   This policy provides guidelines specifically designed to prevent conflicts of interest that can occur when two members of the UNH community whose institutional roles place them in an uneven power dynamic engage in a consensual amorous relationship. The institutional interest in establishing clear standards of professional conduct for these types of relationships is clear. Such relationships create the opportunity for abuse of power and/or bias in the exercise of professional judgment.

6.1.3   This policy is applicable to all persons employed by the University. This includes, but is not limited to, adjunct and status faculty and staff. This policy is also intended to inform actions that relate to third party contractors who provide outsourced services to the University. This policy does not regulate amorous relationships between undergraduate students.

6.1.4   This policy does not address non-consensual relationships [see "Definitions"] which are not countenanced by the University under any circumstances. Nor does it seek to discourage or govern in any way consensual relationships between students or such relationships among faculty and staff where the institutional roles of the parties do not meet the definition of uneven power dynamic.

6.2   Definitions

6.2.1   Amorous Relationship: Any interpersonal relationship that involves sexual and/or romantic intimacy. Amorous relationships covered by this policy might exist between Faculty members, Staff members, Faculty and Staff, Staff and Students or Faculty and Students at UNH.

6.2.2   Faculty: Those employed in either tenured, tenure-track, or non-tenure-track faculty appointments. The tenured and tenure-track faculty are normally individuals holding the ranks of instructor, assistant professor, associate professor, and or professor. The non-tenure-track faculty include, but are not limited to, clinical, research, lecturer, extension, ROTC, visiting, adjunct, post-doc, graduate assistant, research assistant, emeritus, and affiliate faculty.

6.2.3   Staff: Those employed in either an adjunct or status position not classified as faculty. Adjunct or status employees include, but are not limited to, Professional and Technical (PAT), Operating (OS) staff, Extension Educator (EE), Executive Officers, and Academic Administrators. Click here for further information on Adjunct Definitions and Term Limits see http://www.usnh.edu/policy/usy/v-personnel-policies/c-employment

6.2.4   Student: All persons taking courses at UNH (both full-time and part-time and including continuing education students), including those pursuing undergraduate or graduate studies and those enrolled as non-degree students during the academic year, January Term, or Summer Session.

6.2.5   Non-consensual relationships: see UNH Discrimination, and Discriminatory Harassment Policy 5.4, at http://www.usnh.edu/policy/unh/v-personnel-policies/b-affirmative-action...

6.2.6   Uneven Power Dynamic: The circumstance where one party has the professional responsibility to evaluate the other party's academic and/or work performance and/or the responsibility to perform in a "check and balance" (e.g. signing off on timesheet or expense payment) role relative to the other, or where there is a reasonably foreseeable possibility that one party could be called upon to participate in decisions affecting the other party's employment or academic prospects. This dynamic exists in the context of grading, promotion and tenure decisions, salary-setting, hiring, termination, provision of references or reference letters, or any other category of action relevant to academic and/or professional advancement or demotion. It also exists when one party has the authorization to approve (or to participate in approval of) any work by or any financial payment to another. For example, an Associate Dean who approves expense reports for a department chair would be deemed to have an uneven power dynamic with the chair for purposes of this policy.

6.3   Statement of Policy

6.3.1   The parties involved in any consensual amorous relationship with an uneven power dynamic are immediately required to disclose the relationship to the proper authorities and cooperate fully in steps necessary to eliminate the dynamic. Such steps may include, but not be limited to, reassignment of supervisory and/or check and balance oversight duties in which decisions affect the other party's academic and/or professional advancement or demotion and recusal of one party from all institutional decisions related to the other. Parties who find themselves in an uneven power dynamic with someone from a past consensual amorous relationship are also subject to the disclosure and recusal requirements.

6.3.2   Relationships between faculty or staff and students present particular challenges. While a relationship that is consensual does not constitute actionable sexual harassment, New Hampshire state law requires all University employees to report suspected cases of sexual harassment of students by University employees to supervisors and/or other appropriate offices (e.g. the Affirmative Action and Equity Office). All supervisors receiving such information should promptly report it to the Affirmative Action and Equity Office.

6.4   Procedures

6.4.1   Any Faculty or Staff member associated with a consensual amorous relationship with an uneven power dynamic must notify her/his department chair/director or immediate supervisor. If there is any doubt about the existence of an uneven power dynamic between the parties, disclosure is required. Any student involved in such a relationship is strongly encouraged to notify the Office of the Provost or the Affirmative Action and Equity Office.

6.4.2   A department chair/director or supervisor who learns that a Faculty or Staff member under her/his supervision is involved in an amorous relationship of the kind covered by this policy is responsible for addressing the situation with the individual(s) in question. S/he will develop and implement a clear and thorough plan for re-assignment of duties and any other steps required to eliminate the uneven power dynamic. The relevant Dean or Vice President and the Affirmative Action and Equity Office will be informed in writing regarding the relationship and the plan for eliminating the uneven power dynamic.

6.4.3   If the Faculty or Staff member in question refuses to cooperate with the reassignment of duties or other steps, or if s/he denies the existence of the relationship, the department chair/director or supervisor must report this to the relevant Dean or Vice President and the Affirmative Action and Equity Office.

7.   Conflict of Interest and Commitment   Spanish version

7.1   Preamble

7.1.1   University of New Hampshire (UNH) faculty, extension educators, and staff are encouraged to participate in external activities as a means of improving not only their own competence and prestige, but the prestige of UNH as well. These activities also provide external organizations, institutions, corporations, and industries with expertise and resources that might not otherwise be available to them.

7.1.2   While engaging in these activities, faculty, extension educators, and staff have an obligation to avoid ethical, legal, financial, and other conflicts of interest and commitment to ensure that their outside activities and interests do not conflict with their primary employment responsibilities at UNH and that they do not misuse UNH resources.

7.1.3   This policy is intended to establish guidelines for UNH faculty, extension educators, and staff for recognizing and managing conflicts of interest and commitment, and whenever possible, to prevent even the appearance of a conflict. Financial conflicts of interest in research are addressed by the UNH policies on financial conflict of interest in research2

7.2   Definitions

7.2.1   Conflict of Commitment: When time or effort devoted to external activities by faculty, extension educators, or staff interferes with fulfillment of their assigned UNH responsibilities.

7.2.2   Conflict of Interest: When professional actions or decisions are determined by personal considerations, financial or otherwise. It also includes unauthorized use or misuse of UNH resources in the course of an external activity.

7.2.3   External Activity: Involvement by an employee with any person, trust, organization, enterprise, government agency, or other entity not a part of UNH. This definition of external activity does not include activities to which faculty, extension educators, or staff have been assigned by UNH, such as appointment to an external board or committee or license maintenance requirements.

7.2.4   UNH Resources: These include, but are not limited to: facilities, personnel (including students and postdoctoral scholars), equipment, supplies, letterhead, name, services, information, and information technology including the UNH network.

7.2.5   UNH Responsibilities: Responsibilities of faculty, extension educators, and staff to perform UNH activities as defined by UNH management, contract, or collective bargaining agreement.

7.3   Statements of the Policy

7.3.1   UNH faculty, extension educators, and staff must carry out their responsibilities in accordance with ethical and legal standards.

7.3.2   UNH faculty, extension educators, and staff shall commit their time and effort to fulfilling responsibilities described in their appointment letter/position description during the time that UNH is compensating them for such duties, and shall use UNH resources only in the interest of UNH.

7.3.3   UNH faculty, extension educators, and staff must be sensitive to the potential for conflict of interest and commitment when engaging in external activities. The fact that UNH is a public institution must always be kept in mind.

7.3.4   UNH faculty, extension educators, and staff may not commit UNH resources to external activities without prior approval of the institution.

7.4   Roles

7.4.1   Faculty

7.4.1.1   The faculty member is responsible for avoiding conflict with his/her UNH obligations and UNH and USNH policies.

7.4.1.2   Any full-time faculty member may engage in compensated external activities, and is encouraged to do so, to the extent that the activities involve the faculty member's professional expertise, further the status of his or her profession, and contribute to his or her own professional competence. All such activities should meet the criteria of balance, appropriateness, and the avoidance of conflict of interest and commitment.

7.4.1.2.1   The activities should sustain or improve the faculty member's professional prestige.

7.4.1.2.2   The activities should be within the professional competence of the faculty member.

7.4.1.2.3   On average, the total commitment to the activities must not exceed a time equivalent of one day during each five-day academic week during the appointment period unless specifically authorized by 7.4.1.2.4.

7.4.1.2.4   If such activities are expected to require more time in a given situation, arrangements must be made in advance with the department chairperson and/or dean.

7.4.1.2.5   The academic administrator of the college, through the chairperson of the faculty member's department, must be informed of the activities. Agreement should be reached between the chairperson and faculty member that the activities satisfy (7.4.1.2.3 and 7.4.1.2.4 above). When required, the confidentiality of a client will be honored.

7.4.1.3   Some faculty are involved with outside entities, including spin-off companies, in which they have a financial interest, such as through salary, consulting fees, honoraria, equity, or intellectual property2. In such situations, faculty must:

7.4.1.3.1   Keep the external activities separate and distinct from their UNH responsibilities.

7.4.1.3.2   Avoid direct academic oversight of UNH students or UNH postdoctoral scholars hired to work in the outside entity.

7.4.1.3.3   Only use UNH resources for the benefit of the outside entity when that use is covered by a formal, written agreement.

7.4.1.4   Faculty may also engage in uncompensated external activities.

7.4.1.4.1   It is understood that faculty regularly engage in normally uncompensated external activities such as holding office in a scholarly or professional organization or editorial office, performing duties for a learned journal, writing books or articles, attending professional meetings, colloquia, symposia, site visits, and similar gatherings, and the ad hoc refereeing of manuscripts. These scholarly activities advance the mission of UNH by facilitating the development and dissemination of knowledge. All such activities should meet the criteria of balance, appropriateness, and the avoidance of conflict of interest and commitment.

7.4.1.4.2   Further, faculty may engage in uncompensated external activities that are not related to their UNH position. Such duties and activities are not specifically governed by this policy and do not require notice or approval, but should meet the criteria of appropriateness and the avoidance of conflict of interest and commitment.

7.4.1.5   External activities of part-time faculty and lecturers. At the time of and during employment at UNH, part-time faculty must not engage in activities that interfere with their UNH responsibilities, conflict with either UNH or USNH policies, abuse the association with UNH for personal financial gain, or bring discredit on UNH.

7.4.2   Cooperative Extension

7.4.2.1   The nature of Cooperative Extension work requires considerable direct public contact and Cooperative Extension employees are generally viewed as one of the primary educational outreach components of the institution. Based on this role, it is critical that Cooperative Extension employees be particularly sensitive to potential conflicts of interest and commitment. The Cooperative Extension Dean and Director is responsible for administering policy in this area.

7.4.2.2   Consulting. Cooperative Extension employees should not engage in contract services or consulting activities where personal gain is substituted for normal Cooperative Extension obligations consistent with his/her job description. In addition to UNH consulting policies, Extension employees must abide by the following guidelines:

7.4.2.2.1   Cooperative Extension employees are to obtain advance approval of the Dean and Director or his/her designees for consulting activities.

7.4.2.2.2   Consulting in the areas of an employee's job responsibility is not permitted within the state.

7.4.2.2.3   Consulting should be allowed to occur within the state if it is not part of the employee's UNH responsibilities, and is not normally provided through UNH Cooperative Extension or other UNH component.

7.4.2.2.4   Each Cooperative Extension employee must ensure that consulting is done by him/herself as a private citizen and not as a Cooperative Extension employee. This includes avoidance of the use of his/her official position in media solicitations for commercial or group activities, such as overseas tours, etc.

7.4.2.2.5   UNH's name, facilities, materials, supplies, etc. cannot be used without prearranged approval of the appropriate department chairperson, dean, or director, and arranging for payment of the total cost for such use. Such prior approval is not necessary, however, when the facilities, supplies, materials, equipment, and services are generally available to University System faculty and staff members upon the payment of an established fee.

7.4.2.2.6   Each Cooperative Extension employee must ensure that the consulting is done on his/her own time and accomplished without interference with assigned duties.

7.4.2.2.7   UNH faculty who have a joint appointment with Cooperative Extension may be able to consult (for a fee) within the state as long as the consulting activity is not in conflict with the faculty member's Extension responsibilities.

7.4.2.3   Review (Appeal) Process. In the event a Cooperative Extension employee disagrees with the Cooperative Extension Administration decision, the employee may request the decision be reviewed by a board of peers which should include Cooperative Extension employees who are similarly affected by these guidelines.

7.4.2.4   Private sector support for Cooperative Extension Activities. Each employee must exercise extreme caution and sound professional judgment when identifying any product, service, or program brand name while performing the responsibilities of their Cooperative Extension appointment. As a general rule, promoting or endorsing brands of commercial products is prohibited.

7.4.2.4.1   Cooperative Extension employees are required to be objective in dealing with topics that are controversial or an issue of public debate, and employees have a responsibility to provide the facts of the issue equally to all interested members of the public regardless of their views concerning the issue. Employees primarily involved with one client group are governed by the same requirements of objectivity as those with varied clientele.

7.4.2.4.2   Outside monies from the private sector may support the major programs and objectives of Cooperative Extension. An organization's contributions may be recognized, but acknowledgment of acceptance of support is not an endorsement of the contributor's products/services by UNH. Educational foundations may be used as a method of receiving private funds rather than by direct transfer.

7.4.2.4.3   If it appears there may be a potential conflict regarding private sector support, the employee must seek clarification from the Dean and Director or his/her designee.

7.4.2.5   Ownership or operation of a personal/private business. Cooperative Extension employees may occasionally own or operate a business. This may or may not present a potential conflict of interest with the employee's Cooperative Extension appointment. Approval of the Dean and Director or his/her designee is required for all outside employment/business ventures.

7.4.2.5.1   The employee must inform the Dean and Director or his/her designee regarding the time commitment to manage, operate, or be involved in such a business. If appreciable time is required away from the employee's Extension job, suitable arrangements must be made (i.e., time arrangements, business divestiture, or employee termination). The arrangements must ensure that time spent on such business is during the employee's personal time (i.e., vacation or other approved leave). The employee's business cannot unfairly compete with similar private businesses. Approval cannot be granted if the employee has an unfair advantage over private business because of knowledge gained as a result of Cooperative Extension employment.

7.4.2.5.2   Buying, selling, and/or trading in commodities and related contracts. Employees may become involved in trading commodities or contracts closely related to their Cooperative Extension appointments. When this occurs, the employee must inform the Dean and Director or his/her designee, who will determine whether the employee's involvement presents unfair competition to others trading such commodities. If the activity appears to conflict with the employee's job time or job assignment, the approval of the Director or his/her designee is required before further activity is undertaken. Personal investing (stocks and bond, etc.) would not normally fall into this category, unless the activity required too great a time commitment away from work.

7.4.3   Executive Officers, Academic Administrators, and Professional, Administrative, and Technical (PAT) Staff

7.4.3.1   External activities include work for a non-UNH entity for which staff members receive remuneration other than their UNH salary.

7.4.3.2   When these external activities involve a staff member's professional expertise, further and contribute to the development of his/her own profession, and contribute to the development of his/her own professional competence, these activities are permitted.

7.4.3.2.1   The staff member's immediate supervisor must be made aware of such activities, and the activities must not interfere with the staff member's UNH obligations and must not involve duplication of payment by UNH for the staff member's responsibilities.

7.4.3.2.2   If it appears there may be a potential conflict of interest or commitment regarding a proposed external activity, the staff member must seek clarification from his/her supervisor.

7.4.3.2.3   If a staff member wishes to engage in outside activity to such an extent that the employee cannot fulfill his/her UNH obligations to the satisfaction of their supervisor, he/she shall request a reduction in his/her percentage of appointment. Such requests will be considered in relation to the demands of the staff member's position. Other alternatives, such as professional development leaves, may also be appropriate.

7.4.3.3   When these external activities are not related to a staff member's responsibilities for which he/she receives salary from UNH, these activities are permitted as long as the activities do not interfere with the staff member's UNH obligations. Such activities should meet the criteria of balance, appropriateness, and the avoidance of conflict of interest and commitment. If these criteria are met, unrelated external activities do not require notice or approval of the employee's supervisor.

7.4.3.4   Staff may also engage in uncompensated external activities.

7.4.3.4.1   It is understood that staff regularly engage in normally unpaid activities related to their UNH position such as holding office in a scholarly or professional organization or editorial office, performing duties for a learned journal, writing books or articles, attending professional meetings, colloquia, symposia, site visits, and similar gatherings, and the ad hoc refereeing of manuscripts. These scholarly activities further the mission of UNH by facilitating the development and dissemination of knowledge. Such activities should meet the criteria of balance, appropriateness, and the avoidance of conflict of interest and commitment. If these criteria are met, uncompensated related external activities do not require notice or approval of the employee's supervisor.

7.4.3.4.2   Further, staff may engage in uncompensated external activities that are not related to their UNH position. Such duties and activities are not specifically governed by this policy and do not require notice or approval, but should meet the criteria of appropriateness and the avoidance of conflict of interest and commitment.

7.4.4   Operating Staff

7.4.4.1   This policy is intended to establish guidelines for external activity by Operating Staff members. Such activity includes:

7.4.4.1.1   Work for a non-UNH entity for which staff members receive remuneration other than their UNH salary.

7.4.4.1.2   Normally unpaid activities, such as holding office in a professional organization, attending professional meetings and conferences, or serving as a representative of the institution.

7.4.4.2   Operating Staff members may carry out such activities to the extent that the activities do not interfere with their primary UNH responsibilities, and do not involve conflicts of interest.

7.4.4.3   If it appears there may be a potential conflict of interest or commitment regarding a proposed external activity, the Operating Staff member must seek clarification from his/her supervisor.

7.5   Use of UNH Resources

7.5.1   Faculty, extension educators, and staff shall not use UNH facilities, supplies, materials, equipment, or services for external activities, without first obtaining approval of the appropriate department chairperson, dean, or director, and arranging for the payment of the total cost of such use. Such prior approval is not necessary, however, when the facilities, supplies, materials, equipment, and services are generally available to UNH faculty, extension educators, and staff upon the payment of an established fee.

7.5.2   The UNH name may be used in connection with external activities where necessary to identify the faculty/staff member or extension educator, but may not be used to imply that UNH officially supports, endorses, ensures or guarantees the results of the external activity. When the potential for confusion about official endorsement exists, an appropriate disclaimer should be used, such as "This report was written by ______________________ in his/her private capacity. No official support or endorsement by the University of New Hampshire is intended or should be inferred."

7.6   Supply of Goods and Services

7.6.1   Faculty, extension educators, or staff who would benefit financially from the supplying of goods or services to UNH by any prospective supplier may not participate in the decision process leading to the choice of supplier.

7.6.2   Faculty, extension educators, or staff who have or who reasonably anticipate having either an ownership interest, a significant executive position in, or a consulting or other remunerative relationship with a prospective supplier may not participate in the recommendation of, drafting of specifications for, or the decision to purchase the goods or services involved.

7.6.3   Faculty, extension educators, or staff who know that a member of their family (or any person with whom they have a personal or financial relationship) has an ownership interest or a significant executive position in a prospective supplier are also disqualified from participating in the process of purchasing goods and services.

7.6.4   Faculty, extension educators, or staff whose sole ownership interest in a potential supplier is held by a fiduciary that has the power to acquire or dispose of the interest without consultation with the faculty/staff member or extension educator are not disqualified from participation in the purchase decision.

7.6.5   When a faculty/staff member or extension educator is disqualified from participating in a procurement decision, the fact of the disqualification and the reason for it must be reported to those involved in the decision. If necessary, a substitute may take the individual’s place under procedures established by the appropriate administrative official.

7.7   Appropriation of Institutional Services or Business Opportunities

7.7.1   As part of its mission of public education, UNH may become involved in activities that may be competitive in nature. In areas where UNH is providing goods or services that are also available outside UNH, faculty, extension educators, staff, and administrators are prohibited from appropriating business opportunities from UNH.

7.7.2   Appropriation in this context means: to take or make use of without authority or right and is intended to prohibit the taking, through use of the UNH name, equipment, facilities or supplies, or by action of a faculty/staff member, administrator, or extension educator of those service or business opportunities that ordinarily would have been contracted or supplied by UNH, except in areas of business or service where no specific advantage is gained by virtue of one's employment duties or responsibilities.


1This policy is based on the University System of New Hampshire Conflict of Interest policy (USY V.D.7)

2For financial conflicts of interest in research, see the UNH policies at UNH VIII.E and UNH VIII.T.

F. Compensation

(Note: OLPM sections on this page may be cited following the format of, for example, "UNH.V.F.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.   Regular Pay

1.1   Definitions

1.1.1   Regular Pay. Pay from USNH-administered funds for services rendered to USNH by an employee for work associated with the individual's regular time commitment and Regular Duties. Regular Pay excludes all forms of Additional Pay. (See USY V.C.6 for Appointments and UNH V.F.7 for Additional Pay policy.)

1.1.2   Academic Year. Approximately 39 weeks beginning with fall semester and ending after spring semester. UNH designates actual dates each year.

1.1.3   Additional Pay. Pay from USNH-administered funds to a UNH employee that exceeds the Regular Pay he/she receives for Regular Duties and/or that does not contribute permanently to the employee's Institutional Base Salary or Rate. (See UNH V.F.7 for Additional Pay policy and types of pay, UNH V.F.1.1.13 for Regular Duties, UNH V.F.1.1.10 for Institutional Base Salary, and UNH V.F.1.1.9 for Institutional Base Rate.)

1.1.4   Adjunct Appointment. Temporary salary- or hourly-based appointment at 75%-100% time with a three-year limit, or short-term (can be renewable) at less than 75% time. Each adjunct employee is appointed to perform defined services for a specified appointment period at a specified rate that conforms to USNH and UNH policies, with limited fringe benefits other than those required by law. (See USY V.A.3 and USY V.C.6.2.4.2)

1.1.5   Exempt (Salary-Based) Employment. Employment designated as not eligible for overtime pay in accordance with the FLSA. (See also Salary-Based Employment definition.)

1.1.6   Fiscal Year. The USNH fiscal year is July 1 through June 30.

1.1.7   FLSA. Fair Labor Standards Act: Federal legislation that governs such areas as minimum wage, overtime and exemptions from overtime pay, record keeping, and youth employment.

1.1.8   Hourly-Based Employment. Employment for which the employee is paid at an hourly rate and which is eligible for overtime pay in accordance with the FLSA and UNH V.F.7.4.6. [See also Non-exempt (Hourly-Based) Employment.]

1.1.9   Institutional Base Rate (IBR). Hourly-based employee's rate for performing Regular Duties during the regular, specified appointment period. IBR excludes all forms of Additional Pay and any pay earned outside the employee's Regular Duties, regardless of whether the work is internal or external to USNH.

1.1.10   Institutional Base Salary (IBS). Salary-based employee's regular salary for the applicable base salary period1 for performing Regular Duties for any of the USNH component institutions. IBS excludes all forms of Additional Pay and any pay earned outside the employee's Regular Duties, regardless of whether the work is internal or external to USNH.

1.1.11   Institutional Base Salary (IBS) or Institutional Base Rate (IBR) Period. Time period during which an employee is under obligation to USNH for performing Regular Duties for the IBS/IBR.

1.1.12   Non-exempt (Hourly-Based) Employment. Employment designated as eligible for overtime pay in accordance with the FLSA and UNH V.F.7.4.6. (See also Hourly Based Employment definition.)

1.1.13   Regular Duties. Characteristic duties and responsibilities associated with the employee's occupational type and/or classification, as described in the initial appointment letter, subsequent communications, and/or job description. (See USY V.C.6.3 for types of employment relationships.)

1.1.14   Salary-Based Employment. Employment for which the employee is paid an annual or academic year salary and which is not eligible for overtime pay in accordance with the FLSA. [See also Exempt (Salary-Based) Employment.]

1.1.15   Status Employee. Normally reserved for employees with continued employment expectations; status employees are those eligible for full USNH fringe benefits consistent with USNH policies.

1.1.16   Summer Period. Approximately 13 weeks between academic years.

1.1.17   USNH-Administered Funds. All sources of revenue available to USNH to pay for USNH expenses such as pay to employees. USNH-administered funds include those derived from state appropriations, tuition, externally-sponsored awards, facilities and administrative cost reimbursements, license fees, gifts, endowments, sales of goods and services, and any other revenues.

1Exempt academic-year employees may choose to have the IBS paid out over a period longer than the base period. However, this does not change the total IBS or the IBS period.

1.2   Policy

1.2.1   Establishing and Revising Regular Duties, Institutional Base Salary (IBS), IBS Period, and % Time

Conditions of employment stipulate a salary or hourly wage that represents full compensation for the performance of Regular Duties as defined by the employee's appointment. Each occupational type has an applicable wage schedule, with the exception of faculty appointments, which are determined by UNH policies or the prevailing Collective Bargaining Agreement. The employee's IBS, IBS Period, and % time are established at the time of initial employment by the supervisor or dean in accordance with USNH and UNH policies, and the prevailing Collective Bargaining Agreement as applicable. IBS, IBS Period, and % time may be revised subsequently in accordance with these policies or collective bargaining agreements. IBS may not be increased solely because sponsored programs funds have been received.

See USY V.C.6 for detailed information on establishing position appointments and employment relationships for all exempt, non-exempt, status, and adjunct appointment types. For postdoctoral appointments, see UNH V.C.5.16.

1.2.1.1   Status Faculty. Regular Duties normally include some components of teaching, scholarship, internally- or externally-sponsored research, service, engagement, clinical activity and/or administration. Initial Regular Duties, associated pay (IBS) and IBS Period, and % time are communicated in appointment letters. Changes are communicated in subsequent letters. Each faculty member's workload is determined by the department chair, subject to approval by the dean, within the requirements of USNH and UNH policies, and the Collective Bargaining Agreement where applicable.

1.2.1.2   Postdoctoral Employees (Exempt, Status). Regular duties are independent or original research, teaching, or work in an advanced training program. On recommendation by the postdoctoral employee's faculty mentor, the dean makes postdoctoral appointments. Appointment and subsequent letters, as appropriate, include the appointment period, salary or stipend level (IBS), % time, and general description of Regular Duties.

1.2.1.3   Staff, Extension Educators, Academic Administrators, Executive Officers). Regular Duties are described in the position description for each employee's position. The IBS/IBR, IBS/IBR Period, and % time are communicated in writing to the employee. Appointments must be at least 75% time.

1.2.1.4   Adjunct Appointments, Including Student Employees. Regular Duties, appointment period, associated compensation (IBS/IBR), and % time are described in appointment and subsequent letters, as appropriate, and communicated to the employee by the supervisor.

7.   Additional Pay

7.1   Definitions

7.1.1   Additional Pay. Pay from USNH-administered funds to a UNH employee that exceeds the Regular Pay he/she receives for Regular Duties and/or that does not contribute permanently to the employee's Institutional Base Salary or Rate. (See USY V.C.6 for Appointments and UNH V.F.1 for Regular Pay, Regular Duties, and Institutional Base Salary or Rate.)

Types of Additional Pay applicable only to salary-based employees include Administrative Stipend, Employee Transition Allowance, January Term Pay, Summer Pay, and Supplemental Pay. Types of Additional Pay applicable only to hourly-based employees include Call-Back, Compensatory Time, Holiday, Longevity, Overtime, Shift and Weekend Differential, and Stand-By Pay. Types of Additional Pay applicable to both hourly- and salary-based employees include Adjunct Appointment Pay for Status Employees; Award; Bonus for Additional Duties; Bonus, in Lieu of Continuing Increase; Bonus for Performance; Bonus for Referral and Research Subject Pay.

7.1.2   Academic Year. Approximately 39 weeks beginning with fall semester and ending after spring semester. UNH designates actual dates each year.

7.1.3   Adjunct Appointment. Temporary salary- or hourly-based appointment at 75%-100% time with a three-year limit, or short-term (can be renewable) at less than 75% time. Each adjunct employee is appointed to perform defined services for a specified appointment period at a specified rate that conforms to USNH and UNH policies, with limited fringe benefits other than those required by law. (See USY V.A.3 and USY V.C.6.2.4.2.)

7.1.4   Administrative Stipend. Pay to an employee beyond the Institutional Base Salary/Rate for a limited temporary (typically less than one year, can be renewable) or long-term assignment for additional administrative responsibilities. Examples include an acting appointment (no longer than six months), department/program chair, center/program director, and special projects assigned as overload by UNH administrators.

7.1.5   Award. Pay to an employee in recognition of a past professional achievement, such as a UNH distinguished teaching or professional service excellence award.

7.1.6   Bonus for Additional Duties. Pay to an employee for having performed temporary additional duties that clearly exceeded the established regular duties of the employee's position.

7.1.7   Bonus in Lieu of Continuing Increase. Pay to an employee at the top of his/her salary range at the time of the annual, continuing increase process. (Continuing increases include across-the-board, merit, equity, range change, general, and other such increases as authorized by the USNH Board of Trustees.)

7.1.8   Bonus for Performance. Pay to an employee for outstanding job performance.

7.1.9   Bonus for Referral. Pay to an employee provided by some departments for referring an individual subsequently hired by USNH.

7.1.10   Call-Back Pay. Pay to an employee called back to work after leaving for the day.

7.1.11   Compensatory Time. In lieu of payment, time off requested by a status hourly employee.

7.1.12   Employee Transition Allowance. Pay to a new employee for personal moving, relocation, and employment transition costs.

7.1.13   Exempt (Salary-Based) Employment. Employment designated as not eligible for overtime pay in accordance with the FLSA. (See also Salary-Based Employment definition.)

7.1.14   Fiscal Year. The USNH fiscal year is July 1 through June 30.

7.1.15   FLSA. Fair Labor Standards Act: Federal legislation that governs such areas as minimum wage, overtime and exemptions from overtime pay, record keeping, and youth employment.

7.1.16   Holiday Pay. Pay for status employees who work on a USNH- or UNH-designated holiday.

7.1.17   Honorarium. A monetary token of appreciation when the primary intent is to confer distinction upon or symbolize respect, esteem, or admiration for the recipient. Honorarium payments are generally not allowable charges to federal funds unless a contract or grant specifically authorizes such payments. Honorarium charges should be specified as direct cost items at the time a contract or grant proposal is prepared.

7.1.18   Hourly-Based Employment. Employment for which the employee is paid at an hourly rate and which is eligible for overtime pay in accordance with the FLSA and UNH V.F.7.4.6. [See also Non-exempt (Hourly-Based) Employment definition.]

7.1.19   Institutional Base Rate (IBR). Hourly-based employee's rate for performing Regular Duties during the regular, specified appointment period. IBR excludes all forms of Additional Pay and any pay earned outside the employee's regular duties, regardless of whether the work is internal or external to USNH.

7.1.20   Institutional Base Salary (IBS). Salary-based employee's regular salary for the applicable base salary period for performing Regular Duties for any of the USNH component institutions. IBS excludes all forms of Additional Pay and any pay earned outside an employee's Regular Duties regardless of whether the work is internal or external to USNH.

7.1.21   Institutional Base Salary (IBS) or Institutional Base Rate (IBR) Period. Time period during which an employee is under obligation to USNH for performing Regular Duties for the IBS/IBR.

7.1.22   Intra-USNH Professional Work. Consulting, participating in scholarly activities of colleagues, and other professional services provided to or for organizational units within the administrative control of USNH.

7.1.23   January Term Pay. Pay for teaching for-credit courses at UNH during the winter break period between academic-year semesters.

7.1.24   Longevity Pay. Pay to status hourly employees with at least 10 calendar years of USNH service.

7.1.25   Non-exempt (Hourly-Based) Employment. Employment designated as eligible for overtime pay in accordance with the FLSA and UNH V.F.7.4.6. (See also Hourly-Based Employment definition.)

7.1.26   Overtime Pay. Pay to hourly employees for performing regular duties in excess of 40 hours in any week.

7.1.27   Regular Duties. Characteristic duties and responsibilities associated with the employee's occupational type and/or classification, as described in the initial appointment letter, subsequent communications, and/or job description. (See USY.V.C.6.3 for types of employment relationships.)

7.1.28   Regular Pay. Pay from USNH-administered funds for services rendered to USNH by an employee for work associated with the individual's regular time commitment and Regular Duties. Regular Pay excludes all forms of Additional Pay. (See USY V.C.6 for Appointments and UNH V.F.1 for Regular Pay policy.)

7.1.29   Regular Rate (FLSA). Hourly employee's IBR plus shift and weekend differential, longevity, call-back, and/or stand-by pay, as applicable.

7.1.30   Research Subject. An employee who voluntarily participates as a subject in a research project under the auspices of USNH.

7.1.31   Salary-Based Employment. Employment for which the employee is paid an annual or academic year salary and which is not eligible for overtime pay in accordance with the FLSA. [See also Exempt (Salary-Based) Employment definition.]

7.1.32   Shift and Weekend Differential Pay. Pay to hourly status employees who work second, third, and/or weekend shifts as part of the employee's work schedule.

7.1.33   Stand-By Pay. Pay to hourly employees to limit activities in order to be available to provide "essential services" as required by USNH.

7.1.34   Status Employee. Normally reserved for employees with continued employment expectations; status employees are those eligible for full USNH fringe benefits consistent with USNH policies.

7.1.35   Summer Pay. Applicable only to academic year faculty, pay for USNH-administered summer period activities, including teaching, effort on internally and externally sponsored projects, and administrative work.

7.1.36   Summer Period. Approximately 13 weeks between academic years.

7.1.37   Supplemental Pay. Applicable only to faculty, pay for approved additional temporary professional responsibilities or assignments outside the faculty member's regular duties.

7.1.38   Temporary Additional Duties, Responsibilities, or Assignments. Temporary activities (typically less than one year, can be renewable) including the following:

Consultation or other specialized activities performed in connection with an operation, project, or activity taking place at a site physically remote from UNH, or for a department or area other than the employee's home department or area;
Specially-approved work on a USNH-administered sponsored project; and/or
Teaching overload assignments.

7.1.39   USNH-Administered Funds. Revenue from all sources available to USNH to pay for USNH expenses such as pay to employees. USNH-administered funds include those derived from state appropriations, tuition, externally-sponsored awards, facilities and administrative cost reimbursements, license fees, gifts, endowments, sales of goods and services, and any other revenues.

7.2   Overarching Policy Statement. USNH employment responsibilities are either duty-based (salaried) or time-based (hourly). Conditions of employment stipulate an Institutional Base Salary (IBS) or Rate (IBR) that represents full compensation for the performance of Regular Duties as defined by the employee's appointment. Pay from USNH-administered funds (including monies provided to USNH by external sponsors) over and above the employee's IBS/IBR for a given base employment period normally is not allowed for the performance of Regular Duties. In rare situations, however, pay from USNH-administered funds in excess of the IBS/IBR may be justified. This policy establishes criteria, by pay category (Salary-Based, Hourly-Based, and Other) for documentation/justification, approval, and payment for the various forms of Additional Pay.

7.3   Salary-Based Additional Pay (Administrative Stipend, Employee Transition Allowance, January Term Pay, Summer Pay, Supplemental Pay)

7.3.1   Approval. All types of salary-based Additional Pay require written approval by the supervisor and the unit head prior to the work being performed. Additional Pay: for Professional, Administrative, and Technical staff also requires Human Resources Offices written approval; Additional Pay for Executive Officers also requires prior approval from the USNH Board of Trustees' Executive Committee; Additional Pay involving externally-sponsored agreements may require prior written approval from the Senior Vice Provost for Research or his/her designee. See below for any further approvals required by Additional Pay type.

7.3.1.1   Exceptions

7.3.1.1.1   If an employee's appointment is less than full-time, additional pay outside the appointment period up to the employee's full-time equivalent IBS requires only the supervisor's approval. [See also UNH V.F.1.2.1, Establishing and Revising Regular Duties, Institutional Base Salary (IBS), IBS Period, and % Time.]

7.3.1.1.2   If a faculty member's appointment is less than full-time, additional pay inside the appointment period up to the full-time equivalent IBS requires approval by the dean (director) of the appropriate college/school (institute, for faculty not appointed to a college/school). See also UNH V.F.1.2.1.

7.3.2   Administrative Stipend

7.3.2.1   Policy. Pay during the IBS period for performing additional administrative responsibilities and/or assignments may be made in excess of the UNH full-time IBS for all or part of the period, if approval for such work and pay is obtained in accordance with UNH V.F.7.3.1 above. Pay to academic year faculty during the summer period for additional administrative responsibilities performed during the summer period is subject to Summer Pay Policy and Pay Limitations. (See UNH V.F.7.3.5.)

7.3.2.2   Additional Approval. None. (See UNH V.F.7.3.1.)

7.3.2.3   Documentation. Letter with appropriate justification from the unit head requesting that additional administrative duties be performed constitutes documentation.

7.3.2.4   Payment. Amount is determined by the appropriate UNH administrator, is without fringe benefits except those required by state and Federal law (including FICA), and is included in the employee's bi-weekly paycheck.

7.3.3   Employee Transition Allowance (Also see USNH Financial and Administrative Procedures 8-010)

7.3.3.1   Policy

7.3.3.1.1   If considered necessary by the supervisor and with appropriate campus approvals, a UNH department may pay a new employee a reasonable transition allowance. The allowance must be authorized in advance, documented in writing to the employee and for UNH files, and directly related to the commencement of employment at UNH. Approvals must be obtained as per UNH V.F.7.3.1 above and UNH V.F.7.3.3.2 below, and pay limitations below must be observed.

7.3.3.1.2   A transition allowance is the total amount authorized by UNH to be paid for the employee’s transition costs and must be paid directly to the employee. UNH shall not pay a vendor nor reimburse the employee for the specific costs associated with moving, temporary storage or housing, travel, meals, or other personal or family relocation expenses.

7.3.3.1.3   The transition allowance does not apply to special situations involving the establishment or relocation of professional labs, libraries, or supplies and equipment of faculty and researchers. Payments for such, if any, will be made directly to vendors through normal purchasing and accounts payable procedures.

7.3.3.1.4   The hiring department is responsible for securing, in advance, the funding source(s) to support the authorized payment and the related USNH fringe benefits charge thereon.

7.3.3.1.5   The transition allowance will generally be paid within the first month after the employee has begun employment, although the department can choose to defer payment for up to one year after employment. In rare exceptions, with advanced written approval by the appropriate campus official, all or a portion of the transition allowance may be advanced to the employee prior to commencement of employment. All employees receiving such an advance will be required to sign a promissory note payable to USNH. (See USNH Financial and Administrative Procedures, #8-010, I., Forms, USNH Transition Allowance Promissory Note.) In the event the employee does not commence employment, UNH will pursue formal collection efforts and the hiring department will be responsible for funding the full amount of the advance, including fringe benefit charges thereon, if the advance is not repaid. If sponsored program funds were used, any portion of the advance that is not repaid must be funded promptly from an unrestricted funding source in the department or otherwise at UNH.

7.3.3.1.6   Pay Limitations

7.3.3.1.6.1   The amount of a transition allowance is determined for each prospective employee on a case-by-case basis. While there is no standard or maximum (other than for sponsored programs – see below), employment negotiations should result in a reasonable amount necessary to recruit the employee to UNH, giving due consideration to UNH budgetary and funding constraints.

7.3.3.1.6.2   For sponsored programs, the amount of the transition allowance must:

  • Be "reasonable" based on comparable industry or survey data collected by the hiring department as related to the prospective employee, and;
  • Be allocable for proportional benefit, according to the terms of the employee's appointment (e.g., if appointment is 50% research and 50% teaching, the sponsored program can be charged no more than 50% of the allowance); and
  • Be consistently applied such that the average transition allowance charged to Federal funds is not materially and substantially higher than the allowances charged to other UNH funds; and
  • Adhere to pertinent sponsor rules and regulations and to specific OMB circulars for awards made prior to 12/26/14, and 2 CFR 200 for awards made after 12/26/14, when Federal funds are involved.

7.3.3.1.6.3   The hiring department may consider the transition allowance to be earned ratably over the first six months of employment and, therefore, may require repayment of some or all of the allowance upon termination before 6 months of completed employee service.

7.3.3.2   Additional Approval

7.3.3.2.1   Prior approval by the appropriate Dean, or by another unit head and Vice President or Vice Provost, or by the UNH President is required. Any offer of a transition allowance for an Executive Officer requires approval by the USNH Board of Trustees' Executive Committee. (See also UNH V.F.7.3.1.)

7.3.3.2.2   Transition allowances in excess of 10% of the employee's regular starting IBS require approval by the UNH President. In addition, if UNH sponsored programs funds will be charged for a transition allowance, approval by the Senior Vice Provost for Research or his/her designee is necessary before approval by the UNH President.

7.3.3.3   Documentation

7.3.3.3.1   The hiring department is responsible for maintaining written records that justify the amount and necessity of the transition allowance.

7.3.3.3.2   The hiring department is responsible for communicating information regarding payment and taxability to each employee who will receive a transition allowance. This is accomplished by including a "disclosure" paragraph (see USNH Financial and Administrative Procedures, #8-010, F.) in the employment agreement or offer letter.

7.3.3.4   Payment. In accordance with Pay Limitations at UNH V.F.7.3.3.1.6, pay is a one-time, lump sum payment, and is taxable and subject to applicable tax withholding.

7.3.4   January Term Pay

7.3.4.1   Policy. Pay may be received for teaching at UNH during the January Term, subject to approvals and pay limitations below. For purposes of effort on sponsored programs, January Term pay is treated as a form of Supplemental Pay for faculty. (See Supplemental Pay at UNH V.F.7.3.6.) January Term pay on federally-sourced sponsored programs is allowed only in rare instances. UNH staff members paid to teach January Term courses are paid as adjunct salaried staff.

7.3.4.1.1   Pay Limitations. Pay rates for January Term teaching are subject to USNH and UNH policies and/or to the prevailing Collective Bargaining Agreement.

7.3.4.2   Additional Approval. Prior written approval by the department chair and dean (director for research institute) for faculty, or by the supervisor and UNH Human Resources Office for staff, is required. (See also UNH V.F.7.3.1.) For January Term Pay from a sponsored program, regardless of source, approval by the Senior Vice Provost for Research or his/her designee is also required.

7.3.4.3   Documentation. For faculty, the signature of the faculty member's dean (or research institute director) on a relevant document describing the course(s) to be taught during the January Term constitutes documentation of approval. For staff, the signature of the staff member's supervisor and UNH Human Resources Office on a relevant document suffices.

7.3.4.4   Payment. Pay is made in accordance with pay limitations at UNH V.F.7.3.4.1.1, is without fringe benefits except those required by state and Federal law (including FICA), and is included in the employee’s bi-weekly paycheck.

7.3.5   Summer Pay (Applicable Only to Academic-Year Faculty)

7.3.5.1   Policy. Pay may be received for effort up to a maximum of full time for the entire summer period, subject to approvals and pay limitations below. Full-time effort is the combination of effort on all USNH-administered activities for which the faculty member receives summer pay. Individual work load assignments are made by the department chairperson (director), subject to approval by the dean (director) of the appropriate college/school (institute, for faculty not appointed to a college/school).

7.3.5.1.1   Pay Limitations

7.3.5.1.1.1   Pay for activities not externally sponsored is subject to USNH and UNH policies and/or to the prevailing Collective Bargaining Agreement.

7.3.5.1.1.2   Pay from sponsored projects may not be used during the summer period to pay for work performed during the academic year, nor to pay for summer period activities unrelated to the sponsored project(s).

7.3.5.1.1.3   Pay for effort on non-federally sponsored projects is subject to sponsor policies and/or the specific sponsored agreement terms.

7.3.5.1.1.4   Pay for effort on federally-sponsored projects is based on the employee’s prior academic year 39-week IBS, calculated as a daily rate based on 195 days, and prorated according to the percent time and duration of the summer appointment. Pay for effort may not exceed three months. Salary funded by the National Science Foundation, inclusive of Academic Year salary, may not normally exceed two months for tenure track faculty, prior NSF approval. Sponsor limitations, such as salary caps, must be observed. Maximum full time summer effort and pay on federally-sponsored projects generally precludes compensation for effort on other sponsored or USNH-administered activities during the summer period.

7.3.5.2   Additional Approval. Prior written endorsement by the department chair (director, for institute) and written approval by the dean (institute director) are required. (See also UNH V.F.7.3.1.)

7.3.5.3   Documentation. The signature of the faculty member's dean on a relevant document describing the work to be performed by the faculty member over the specified summer period constitutes documentation of approval. If the faculty member's appointment is within a UNH research institute rather than college/school, the institute director's approval serves as documentation.

7.3.5.4   Payment. Pay is made in accordance with pay limitations at UNH V.F.7.3.5.1.1, is without fringe benefits except those required by state and Federal law (including FICA), and is included in the employee’s bi-weekly paycheck.

7.3.6   Supplemental Pay (Applicable Only to Faculty)

7.3.6.1   Policy. Occasional or sporadic intra-USNH professional work is considered to be within the regular responsibilities of the faculty member for which supplemental pay normally is not appropriate. However, certain situations may occur when it is necessary to make additional contributions to special programs, activities, symposia, or sponsored programs, e.g., which exceed what is normally expected. Pay in excess of the UNH IBS* (or full-time summer salary) during the IBS period (or summer period for AY faculty only) for temporary additional responsibilities or assignments may be allowed if approval is obtained as specified in UNH V.F.7.3.1 and time, pay, other, and additional approval limitations below are met.

*If an employee is paid less than the equivalent of 100% IBS, additional compensation up to the 100% equivalent IBS for additional duties does not require external sponsor approval. However, approval from the appropriate UNH administrator is required.

7.3.6.1.1   Time Limitations (one day per week average)

Consistent with the USNH Policy on Conflict of Interest (USY.V.D.7), the total time spent on additional professional responsibilities or assignments for which the faculty member may receive approved supplemental pay shall not exceed the equivalent on average of one day during each five-day academic-year week. For purposes of this additional pay policy, the average one day per week standard applies to faculty during their IBS period and to AY faculty exceeding full-time commitment during the summer period. If a sponsored project is involved, the additional work must be temporary, i.e., short term in nature, typically no more than one year, although can be renewable.

7.3.6.1.2   Pay Limitations

7.3.6.1.2.1   The pay rate for activities not externally sponsored is subject to approval by the appropriate UNH administrator.

7.3.6.1.2.2   Pay from a sponsored project may not be used during the IBS period to pay for work performed during the summer period, nor to pay for IBS period activities unrelated to the sponsored project.

7.3.6.1.2.3   The pay rate for effort on non-federally-sponsored projects is subject to sponsor policies and/or the specific sponsored agreement terms.

7.3.6.1.2.4   Pay from federally-sponsored projects during the faculty member's IBS period or during the summer period for AY faculty is based on and limited to the faculty member's IBS rate, calculated as a daily rate based on 195 days for AY faculty or for FY faculty, the number of work days in the fiscal year (260-262). Sponsor limitations, such as salary caps, must be observed.

7.3.6.1.3   Other Limitations

UNH adheres to Federal OMB Circular A-21for awards received prior to 12/26/14, and 2 CFR 200 for awards made after 12/26/14, which prohibits supplemental pay on federally-sponsored projects unless a) the work is for a project director in a USNH department other than the faculty member's department and the work is clearly in addition to the faculty member's regular workload; or b) the work involves a separate or remote operation (e.g., a faculty member is assigned to work overseas or in some other location remote to UNH) and the work is clearly in addition to the faculty member's regular workload.

7.3.6.2   Additional Approval. Pay on federally-sponsored projects must be specifically provided for in the sponsored agreement or otherwise approved in writing by the sponsor, and approved by the Senior Vice Provost for Research. (See also UNH V.F.7.3.1.)

7.3.6.3   Documentation. Completed Human Resource Office form with justification serves as documentation.

7.3.6.4   Payment. Pay is made in accordance with limitations in UNH V.F.7.3.6.1.2, is without fringe benefits except those required by state and Federal law (including FICA), and is included in the employee’s bi-weekly paycheck.

7.4   Hourly-Based Additional Pay (Call-Back, Compensatory, Holiday, Longevity, Overtime, Shift and Weekend Differential, Stand-by)

7.4.1   Approval. All types of hourly-based additional pay, except longevity, require prior approval by the supervisor. Pay involving externally sponsored agreements also may require approval by the UNH sponsored programs administration office. See below for any additional approvals required by pay type.

7.4.2   Call-Back Pay (See also, USY V.F.7.3.3, Callback Pay)

7.4.2.1   Policy. When the supervisor calls an employee to return to work after the employee has left for the day and at a time that precedes the start of the next regular working day, the employee will receive call-back pay.

7.4.2.2   Additional Approval. The supervisor's approval of the employee's biweekly record of time worked constitutes approval. (See also UNH V.F.7.4.1)

7.4.2.3   Documentation. The employee's approved bi-weekly record of time worked serves as documentation of hours worked after being called back.

7.4.2.4   Payment. Pay is at 1.5 times the IBR for hours worked after being called back (2 times the IBR if work is on a holiday), with a guaranteed three hour minimum; is without fringe benefits except those required by state and Federal law (including FICA); and is included in the employee's bi-weekly paycheck.

7.4.3   Compensatory Time

7.4.3.1   Policy

7.4.3.1.1   With the supervisor's written approval prior to working in excess of the employee's regular schedule of hours in any week, a status employee may request compensatory time off in lieu of payment. If the overtime is the result of the employee holding both a status and an adjunct appointment contemporaneously, compensatory time does not apply. Employees with only an adjunct appointment are not eligible for compensatory time.

7.4.3.1.2   If compensatory time is taken, it must be the result of mutual written agreement between the supervisor and the employee prior to the performance of the work, without any coercion or pressure by the supervisor.

7.4.3.1.3   Compensatory time will be earned at straight time for overtime worked up to and including 40 hours in the week and earned at 1.5 hours for each hour of overtime worked in excess of 40 hours a week. (See UNH V.F.7.4.3.4 for Compensatory Time Payment.) Employees may accumulate up to 240 hours of compensatory time in the fiscal year with the exception of those engaged in public safety work, who may accumulate 480 hours. Compensatory time may not be carried from one USNH fiscal year to another.

7.4.3.2   Additional Approval. The supervisor's approval of the employee's biweekly record of time worked constitutes approval. (See also UNH V.F.7.4.1)

7.4.3.3   Documentation. The supervisor is responsible for maintaining and preserving written compensatory time records which must include compensatory hours earned, used, and paid each week for each employee. For law enforcement personnel, an indication of the work week period for each employee is also required.

7.4.3.4   Payment. Accumulated compensatory time not taken will be paid on or before June 30 of each year. If an employee terminates USNH employment or transfers to another USNH department, payment will be made for accumulated compensatory time based either on the average Regular Rate (FLSA) over the last three years or the final Regular Rate (FLSA), whichever is higher. Payment is without fringe benefits other than those required by state and Federal law, including FICA, and is included in the employee's bi-weekly paycheck.

7.4.4   Holiday Pay

7.4.4.1   Policy. Status employees scheduled prior to working on a holiday are paid at 1.5 times the IBR for holiday hours worked. Employees not scheduled prior to the holiday worked are compensated at 2 times the IBR for holiday hours worked, with a guaranteed 3-hour minimum. (See also Call-Back Pay Payment at UNH V.F.7.4.2.4.)

7.4.4.2   Additional Approval. The supervisor's approval is required prior to the employee working on the holiday. (See also UNH V.F.7.4.1.)

7.4.4.3   Documentation. The employee's approved bi-weekly record of time worked serves as documentation of work schedule and holiday hours worked. The supervisor must put the requirement in writing in order for the employee to receive holiday pay. This is in addition to the employee's regular paid holiday leave.

7.4.4.4   Payment. Pay is at either 1.5 or 2 times the IBR for holiday hours worked in accordance with policy. Payment is without fringe benefits other than those required by state and Federal law, including FICA, and is included in the employee's bi-weekly paycheck.

7.4.5   Longevity Pay

7.4.5.1   Policy. Longevity increments are effective on the status hourly employee's anniversary date of employment. Length of employment begins with the first day of status USNH employment. A year of service is equal to a calendar year of employment.

7.4.5.2   Approval. The campus Human Resources Office letter to the employee serves as the acknowledgement of length of service and pay increment. No other approvals are required.

7.4.5.3   Documentation. The employee's employment record as maintained by the Human Resources Office serves as the documentation for length of service.

7.4.5.4   Payment. Upon 10 (calendar) years of completed service by the employee, the longevity increment is calculated by multiplying the IBR for the pay period by the longevity percentage as follows:

  • On completion of 10 years service -- 2%
  • On completion of 15 years service -- 4%
  • On completion of 20 years service -- 6%
  • On completion of 25 years service -- 8%
  • On completion of 30 years service -- 10%

Payment is without fringe benefits other than those required by state and Federal law, including FICA, and is included in the employee's bi-weekly paycheck.

7.4.6   Overtime Pay

7.4.6.1   Policy

7.4.6.1.1   Each status and adjunct employee who works up to and including 40 hours in any week will be paid for hours worked at his/her IBR. Prior approval from the supervisor is required for the employee to work hours in excess of the employee’s normal schedule. The FLSA mandates that an employee performing non-exempt work must be provided with overtime pay for hours worked in excess of 40 in each week, unless compensatory time is taken. (See UNH V.F.7.4.3, Compensatory Time.)

7.4.6.1.2   The hours worked by the employee in all USNH jobs must be paid by the hour and must be combined for calculation of overtime. The only exception is when the additional job is teaching a credit course, in which case the hours are not combined for overtime purposes. Paid holiday leave days for status employees are counted as days worked for the purpose of computing overtime pay. For work other than Regular Duties, see UNH V.F.7.5.2, Adjunct Appointment Pay for Status Employees.

7.4.6.2   Approval. The supervisor's approval of the employee's biweekly record of time worked constitutes approval. (See also UNH V.F.7.4.1.)

7.4.6.3   Documentation. The employee's approved bi-weekly record of time worked serves as documentation.

7.4.6.4   Payment. Overtime in excess of 40 hours in any week is paid at 1.5 times the employee's Regular Rate (FLSA) and is included in the employee's bi-weekly paycheck. Payment is without fringe benefits other than those required by state and federal law, including FICA.

7.4.7   Shift and Weekend Differential Pay

7.4.7.1   Policy. Shift differential pay applies to work performed during the following time periods:

Second shift commences any time at/or after 3:00 p.m. or before 8:00 p.m.
Third shift commences any time at/or after 8:00 p.m. or before 4:00 a.m.
Weekend shift occurs when an employee works on Saturday or Sunday as part of his/her regular work schedule.

Exception: Employees appointed as adjunct, including student workers and tipped wait staff, are not eligible for mandated shift pay as described above. An hourly rate may be determined that reflects the impact of recruiting adjunct staff for difficult shift periods.

7.4.7.2   Approval. The supervisor's signatures on the written notification to the employee of work hours, written updates to the notification of work hours, and the employee's bi-weekly record of time worked constitute approval.

7.4.7.3   Documentation. The supervisor's written notification to the employee of work hours, written updates to the notification of work hours, and the employee's approved bi-weekly record of time worked serve as documentation.

7.4.7.4   Payment. Shift differential is added to the employee's pay for the pay period, based on shift hours worked. (Shift assignments can be ad hoc and not part of the employee's regular schedule.) Shift differential amounts are published by the Human Resources Office. Payment is without fringe benefits other than those required by state and Federal law, including FICA, and is included in the employee's bi-weekly paycheck.

7.4.8   Stand-By Pay (See also, USY V.F.7.3.2, Stand-by Pay)

7.4.8.1   Policy. Receipt of stand-by pay is not contingent upon being asked to work, but on being available to work. Employees on stand-by are specifically required in writing by the supervisor to restrict travel and consumption of alcoholic beverages during non-work hours.

7.4.8.2   Approval. The supervisor's approval of the bi-weekly record of time worked constitutes approval and acknowledgement that the employee fulfilled the policy requirements.

7.4.8.3   Documentation. The employee's approved bi-weekly record of time worked serves as documentation of stand-by hours worked or not worked.

7.4.8.4   Payment. The supervisor determines the appropriate pay amount within a range of amounts published by the Human Resources Office. If requested to work while on stand-by, the employee shall be paid his/her IBR for the time actually worked, plus Overtime Pay when applicable at the Regular Rate (FLSA), with a guaranteed minimum of two hours. (See UNH V.F.7.4.6, Overtime Pay.) Payment is without fringe benefits other than those required by state and Federal law, including FICA, and is included in the employee's bi-weekly paycheck.

7.5   Salary-Based or Hourly-Based Additional Pay (Adjunct Appointment, Award, Bonus for Additional Duties, Bonus in Lieu of Continuing Increase, Bonus for Performance, Bonus for Referral, Honorarium, Research Subject)

7.5.1   Approval. Pay involving externally sponsored agreements requires written approval from the UNH sponsored programs administration office. See also approvals by pay type below.

7.5.2   Adjunct Appointment Pay for Status Employees

7.5.2.1   Policy. A status employee may receive Adjunct Appointment pay if the following conditions are met:

The Adjunct Appointment is solely at the initiation and option of the employee and does not involve performance of Regular Duties requested or directed by the employee's regular appointment supervisor, and
The Adjunct Appointment work is not permanent and normally occurs only occasionally or sporadically.

Normally, the Adjunct Appointment work does not occur during the employee's regular working hours. However, if the work does occur during the employee's regular working hours, the employee must charge vacation/earned time or take leave without pay for the designated time period.

For purposes of determining overtime pay for hourly-based employees, total hours worked in the regular and Adjunct Appointment positions are combined. The only exception is when the additional job is teaching a credit course, in which case the hours are not combined for overtime purposes.

An example of an Adjunct Appointment for a Status Employee: A UNH Admissions Officer who operates the time clock at a UNH athletic event.

7.5.2.2   Approval. Prior written approval by the hiring supervisor and the Human Resources Office are required. (See also UNH V.F.7.5.1.)

7.5.2.3   Documentation. The hiring supervisor must provide written justification for the Adjunct Appointment. The regular supervisor must provide written concurrence that the Adjunct Appointment involves work in a different capacity than is normal for the employee. (See UNH V.F.7.1.27 for definition of Regular Duties.)

7.5.2.4   Payment. Pay rate is determined by the type of Adjunct Appointment work. (Consult the USNH Extra-Help Wage Schedule.) Pay is included in a paycheck that may or may not coincide with the employee's regular bi-weekly paycheck, and is without fringe benefits other than those required by state and Federal law, including FICA.

7.5.3   Award

7.5.3.1   Policy. Extraordinary contributions to the employee's professional field may be recognized in the form of a special monetary award. The award amount is unrelated to the employee's IBS or IBR.

7.5.3.2   Approval. Written approval by the President or relevant Vice President/Provost is required. (See also UNH V.F.7.5.1)

7.5.3.3   Documentation. Written justification must be provided by the USNH employee or group recommending the award.

7.5.3.4   Payment. Pay is a one-time, lump sum payment after recognition of the extraordinary contributions and is without fringe benefits other than those required by state and Federal law, including FICA.

7.5.4   Bonus for Additional Duties

7.5.4.1   Policy. Pay for temporary additional duties performed at the supervisor's request during an employee's given IBS or IBR Period may be made as a bonus.

7.5.4.2   Approval. Based on written recommendation by the supervisor, prior written approvals by the unit head and Human Resources office are required. (See also UNH V.F.7.5.1.)

7.5.4.3   Documentation. Written justification for the additional temporary duties must be provided by the supervisor. The justification must describe the additional duties and indicate the time period during which the duties will be/were performed.

7.5.4.4   Payment. Pay is a one-time, lump sum payment at the conclusion of the assignment and is without fringe benefits other than those required by state and Federal law, including FICA.

7.5.5   Bonus in Lieu of Continuing Increase

7.5.5.1   Policy. An employee whose IBS or IBR is at the top of the relevant pay range may receive a bonus in lieu of a continuing increase during the annual salary increase process. The bonus amount is not added to the employee's IBS or IBR.

7.5.5.2   Approval. The unit head's written approval during the salary increase process constitutes approval. (See also UNH V.F.7.5.1)

7.5.5.3   Documentation. Salary increase guidelines, provided by the Human Resources Office, specify required documentation. For a bonus in lieu of a merit increase, performance warranting the bonus must be justified in the employee's written job performance review completed by the supervisor.

7.5.5.4   Payment. Pay is a one-time, lump sum payment and is without fringe benefits other than those required by state and Federal law, including FICA.

7.5.6   Bonus for Performance

7.5.6.1   Policy. Performance bonuses may be awarded at any time during the year to employees responsible for or instrumental in a significant body of work that transforms the institution or employing unit, or to employees who have successfully completed special and difficult assignments well beyond the basic job requirements. The bonus amount normally is limited to no more than 7.5% of the employee’s IBS/IBR. Amounts exceeding 7.5% can be awarded if prior written approval is obtained from the President. Funding is the responsibility of the employing unit, although, in exceptional circumstances, an appeal for financial assistance may be submitted to the President.

7.5.6.2   Approval. If the documentation is to be a letter by the supervisor, prior written approvals by the President or relevant Vice President/Vice Provost, and Human Resources officer are required. During the regular salary increase process, the unit head's endorsement constitutes approval. If the amount will exceed 7.5% of the employee's IBS/IBR, the President's written approval is required. (See also UNH V.F.7.5.1.)

7.5.6.3   Documentation. Performance warranting the bonus award must be justified in the employee's written job performance review completed by the supervisor or in a letter by the supervisor when occurring at times other than the annual salary increase process.

7.5.6.4   Payment. Pay is a one-time, lump sum payment given at the conclusion of the recognized performance and is without fringe benefits other than those required by state and Federal law, including FICA. (Contact the Human Resources Office for guidance on appropriate amounts.)

7.5.7   Bonus for Referral

7.5.7.1   Policy. An employee may receive a bonus for referring a non-employee subsequently hired by USNH if the home department has implemented a referral bonus program. Such programs must be approved by the Human Resources Office prior to implementation.

7.5.7.2   Approval. Written approval by the unit head is required prior to payment. (See also UNH V.F.7.5.1.)

7.5.7.3   Documentation. A department using a referral program must have established written procedures and criteria for the program and must maintain documentation for each referral instance.

7.5.7.4   Payment. The pay amount and timing are determined by the department's established procedures and criteria. Pay is without fringe benefits other than those required by state and Federal law, including FICA.

7.5.8   Honorarium

7.5.8.1   Policy. An employee who serves as a distinguished or keynote speaker for a special USNH event, lecture, workshop, or symposium may receive an honorarium. The honorarium amount is non-negotiable and is unrelated to the activity or the employee's IBS/IBR.

7.5.8.2   Approval. Prior written approval by the President or relevant Vice President/ Vice Provost is required. (See also UNH V.F.7.5.1.)

7.5.8.2.1   Exception for Non-Resident Aliens: Due to applicable Federal regulations, any honorarium to a non-resident alien must be pre-approved in writing by the Human Resources Office.

7.5.8.3   Documentation. The administrator engaging the employee for the honored activity must provide written justification for the selection of the employee.

7.5.8.4   Payment. Pay is a one-time, lump sum payment after the activity for which the employee is being recognized and is without fringe benefits other than those required by state and Federal law, including FICA.

7.5.9   Research Subject Pay

7.5.9.1   Policy. An employee may receive pay if the employee voluntarily agrees to participate in a sponsored research project for a USNH component institution and is accepted as a research subject by the project director.

7.5.9.2   Approval. Because the employee's anonymity as a research subject must be maintained, approval by the supervisor is not appropriate. The project director's written approval is sufficient. (See also UNH V.F.7.5.1.)

7.5.9.3   Documentation. The project director's records serve as documentation for the employee's participation in the project.

7.5.9.4   Payment. The pay amount and timing are determined by the project director in advance of employee participation in the project. Payment may be made in cash in accordance with IRS regulations and USNH policies and procedures. Pay is without fringe benefits other than those required by state and Federal law, including FICA.