POLICY 06:01:00

GENERAL PERSONNEL

Purpose
The following General Personnel Policy of Pellissippi State Community College is herebyadopted to verify the delegation of the president and the chancellor of the Tennessee Board of Regents, the authority and responsibility hereinafter specified concerning personnel, which the College and the Board finds to be necessary and appropriate for the efficient administration of Pellissippi State, and to establish standards, guidelines, and reporting requirements for the exercise of the delegated authority.

Policy/Guideline

1. Scope of Delegation
   1. President
      1.The appointments and terminations which require the prior approval of the president and the chancellor include:
      a. All Vice Presidents or other executives reporting directly to the President (Academic, Administrative Affairs, External Affairs, Student Affairs, etc.), including all interim appointments;
      b. Any other positions which may be designated by the president or the chancellor.
      2.No offer of employment can be made for positions requiring the Chancellor’s approval until the online appointment form has been signed by the Chancellor or designee.
      3.The president has the authority to establish College policy or practice for appointments and terminations not requiring the Chancellor’s approval. Such practices or policies shall not be inconsistent with TBR guidelines and policies.
   2. The president is authorized to appoint, determine the compensation change of status of, and terminate all other employees at the college subject to the TBR Bylaws and provisions of this and other relevant Board, and College policies and procedures.
2. Nature of Appointments
   1. Faculty, including part-time and temporary faculty, shall be employed pursuant to the types of appointments specified in Board Policy No. 5.02.02.30 and College Policy No. 06:01:01.
   2. Employees other than faculty, i.e., staff, are employed on an at-will basis. This means that staff are free to terminate/resign from their employment at any time, either with or without a reason and with or without notice. TBR and Pellissippi State also have the right to terminate staff at any time, with or without a reason and with or without notice, provided that the basis for termination is not because of; participation in protected activities, unlawful discrimination, or other considerations prohibited under federal/state law. Supervisors must consult with Human Resources prior to terminating the employment of any staff employee.Although TBR and Pellissippi State may choose to terminate a staff employee for cause and/or gross misconduct, neither cause nor gross misconduct is required.
   3. All full‑time personnel, including faculty, shall be required to devote a minimum of 37.5 hours per week to their duties and shall maintain appropriate office hours as determined by the president.
   4. The president is authorized to use flexibility as appropriate in determining the structure of the work week for faculty to recognize variations from traditional instructional formats such as afforded by online instruction, distance education, or other methods of instructional delivery.
   5. Implementation of the 37.5-hour work week is governed by TBR Procedure P- 020.
   6. Within the requirement of a minimum of 37.5 hours per week, faculty is required to carry a full teaching load, which shall be fifteen (15) credit hours or the equivalent per term for undergraduate courses, two hundred and twenty-five (225) noncredit contact hour or the equivalent per term. All equivalent teaching load activities shall be subject to prior review and approval by the president or designee.
   7. Personnel who are appointed on an academic year basis shall be on duty for not less than nine months, which shall commence from the time designated by the president prior to the college’s first day of class for the fall term of each year through the time designated by the president at the end of the spring term and shall be subject to call for duty during that period regardless of whether classes are in session.
3. Compensation
   1. The president is responsible for compliance with all federal and state laws and regulations, and all Board and College policies and directives, concerning compensation for employees. Compensation for employees shall be subject to limitations imposed by the Board or the General Assembly.
   2. All regular full-time personnel, whether on an academic or fiscal year appointment, shall be paid twelve (12) monthly installments each year, provided that exceptions may be made upon termination, or as approved by the Chancellor.
   3. All full-time and part-time employees are required to participate in the automatic deposit program for the direct deposit of their salaries or wages. Student workers are required to participate in the direct deposit program unless prohibited by Federal Work Study Guidelines. The College shall not charge employees or students for direct deposit.
   4. Part‑time instructional personnel shall be paid on the basis of the credit or noncredit hours taught, pursuant to the rates set forth by the College which shall be considered maximum rates for compensation of part-time faculty.
   5. Exceptions to the schedule may be approved by the president based on bona fide market conditions.
   6. The College has developed policies and procedures for the administration of the compensation system subject to the Compensation Plan Guideline promulgated by the Board. This includes reclassifications and degree changes.
4. Temporary Administrative Duties for Faculty
   1. Faculty members may be asked to temporarily assume administrative responsibilities which entail moving from an academic year to a fiscal year appointment with the assignment of additional duties. This temporary appointment may be on a long-term or short-term basis but is still considered a temporary appointment subject to this policy. Temporary appointments are distinct from permanent at will administrative positions.
   2. Temporary administrative responsibilities may justify an administrative stipend in addition to regular salary. The stipend amount or any other understanding concerning compensation must be set out in a new appointment letter. The appointment letter:
      1. Should include a statement that the stipend is awarded as compensation for the additional administrative responsibilities and will be removed at the time the administrative responsibilities end; or
      2. Should otherwise address how compensation will be affected at the end of an administrative appointment.
   3. If the appointment letter does not identify the means for calculating a salary upon the end of the administrative appointment, the stipend shall be removed, and the employee shall receive a salary of 80% of the annual salary, if returning to an academic year appointment. The college may choose to exceed the 80% number on the basis of comparable faculty salaries, including rank, merit, length of service, experience, degrees and yearly percentage increase in salary. Unless the Chancellor approves an exception, an employee returning or moving to a 9-month faculty position shall not receive a salary greater than the highest paid 9-month faculty member in the department.
      1. The awarding of an administrative stipend is an issue separate from that of conversion from an academic year to a fiscal year basis. When the conversion from an academic year to a fiscal year takes place, the College shall convert the salary from the academic year contract by adding 33% and then adding any administrative stipend amount determined necessary.
      2. The following illustrates the procedure defined above:
         1. A faculty member making $60,000 on an academic contract is converted to a fiscal year contract at a salary of $79,800.
         2. In addition, a $4,500 administrative stipend is added and so indicated because of additional duties. The total amount of salary is then $84,300.
         3. At the time the faculty member serving as administrator returns to a faculty position on an academic year basis, the administrative stipend will end.
         4. Then the base faculty salary is reduced to an academic year contract at a rate of 80% of the fiscal year salary.
5. Faculty Appointed to Regular 12-month Administrative Position and Return to Faculty Assignment (non-Temporary)
   1. When a faculty member appointed on a regular 12-month administrative position returns to regular faculty, unless otherwise agreed to in writing, the manner for determining the 9-month faculty salary shall take into account the following considerations: faculty salary at time of moving into administrative position, rank, merit, length of service, experience, performance, degrees and any across the board increase in salary awarded to faculty while the individual serviced as an administrator.
      1. Unless the Chancellor approves an exception, an administrator returning or moving to a 9-month faculty position shall not receive a salary greater than the highest-paid 9-month faculty member in the department.
      2. For individuals transitioning from a twelve (12) month administrative position or salary basis to a 9-month faculty position, or for new faculty hires that begin service after the start of an academic year or an academic term, the College will apply the following process to establish the employee’s monthly salary for the remainder of the fiscal year:
      3. Divide the previously determined academic year (9- month) salary by the number of workdays in the academic year to get the daily rate.
      4. Multiply the daily rate by the number of workdays that have passed in the academic year without the faculty member working in the 9-month position.
      5. Subtract that amount from the annual salary.
      6. Pay the remainder of the total academic year salary amount in equal monthly installments over the remaining fiscal year period.
      7. Example:
         1. $54,000 academic year salary/166 days in academic year =$325/day
         2. 50 days elapsed in the academic year prior to faculty assignment
         3. $325 X 50 days into academic year = $16,250
         4. $54,000-$16,250 = $37,750 owed to faculty in equal monthly installments over remainder of the fiscal year.
6. Changes of Status and Terminations
   1. The president is authorized to approve changes of status (i.e., transfers, promotions, demotions, or other changes in duties or responsibilities) of personnel within the scope of the delegation provided for in Section I, provided that when a change of status would cause the employee to be within the scope of positions subject to approval of the Chancellor, the change of status will be subject to the Chancellor’s approval.
   2. Inter-college or inter-institution promotions, demotions, and transfers must be discussed and approved by the appointing authorities of the two institutions concerned prior to making an offer to the candidate. An employee promoted must meet all established minimum qualifications as determined by the appointing authority.
   3. Promotion of Faculty – The promotion of faculty shall be subject to Board Policy No.5.02.02.30 for community colleges, and College Policy No. 06:03:00.
   4. Promotion of Staff- Promotions of staff should be made pursuant to any established and written criteria developed by the College. Promotions and transfers are an acceptable means of filling vacancies. However, such promotions and transfers must be achieved within the parameters of applicable policies and institutional affirmative action plans. In addition, any vacant position created by that promotion, if filled, must be filled within the provisions of applicable policies and applicable guidelines.
   5. Terminations and Transfers – The president is authorized to terminate and transfer all personnel within the scope of the delegation of authority provided for in Section I, provided that terminations of faculty shall be pursuant to the provisions of Board Policy No. 5.02.03.70 and College Policy No. 06:33:00. Terminations of staff and other non- faculty shall be pursuant to the provisions of Board Policy – Employee Discipline5.01.00.02 and the college’s progressive discipline procedures administered by the Executive Director, Human Resources.
   6. Absence from Duty – An employee who is absent from duty for three (3) consecutive business days without giving notice to the appropriate manager concerning the reason for such absence and without securing permission to be on leave is considered as having resigned not in good standing effective at the end of the third business day.
   7. Budget Reduction Actions — Reductions in Force (RIF) and Furloughs (Applicable to employees other than tenured faculty)
   8. In the event of a budget shortfall, state impoundment, substantial revenue reduction, or other need to reduce personnel costs, the College shall consult with the Chancellor and the Office of General Counsel prior to beginning the planning process for significant personnel-related budget reduction measures (e.g., across- the-board compensation reductions, furloughs, reductions in time worked by employees, and reductions in force). The Chancellor must approve of any such actions.
   9. A reduction in force (RIF) is a layoff for an indefinite period of time, generally with no expectation of recall, of one or more employees resulting from the elimination of one or more positions due to lack of funding, reorganization, restructuring or other reason.
   10. A furlough is a temporary reduction of hours, days, or weeks, resulting in a proportional reduction in pay, generally for a finite period of time and with retention of benefits.
   11. After consultation with the Office of General Counsel, the College is required to provide awritten rationale for a RIF or furlough. The written rationale should explain the basis for the decision and identify the functional area(s) affected, review the budgetary implications, and include specific written criteria to identify the duties that will be reassigned and/or eliminated. The rationale must include the reasons why the positions proposed for RIF or furlough were selected.
   12. The factors used in determining which positions to furlough and/or eliminate and which employees to furlough and/or lay off include, but are not limited to:
       1. 1. The department or area that is being affected;
          2. Length of service in the position and/or length of service at the college;
          3. Past written performance appraisals and disciplinary action;
          4. Functions that will be eliminated and functional needs of the unit; and
          5. Qualifications and skills needed to perform remaining duties of the affected units.

        

   13. Written notification to the affected employees must be given as far in advance of the effective date as possible.
   14. Employees affected by a RIF must receive notification when vacancies occur for like positions attheir former campuses within 12 months of the RIF.
7. Nothing in this policy should be construed to preclude the use of other budget reduction tools, including, but not limited to, reductions in hours worked and reductions in compensation. The College shall consult the Office of General Counsel when considering use of such tools.
8. Noniscrimination Requirements
   1. All appointments, changes of status, compensation, and terminations must be made in compliance with Board Policy No. 5.01.02.00 (EEO Affirmative Action) and College Policy No. 06:07:00. No person shall be discriminated against on the basis of race, sex, religion, creed, age (as applicable), disability, sexual orientation, gender identity/expression, status as a covered veteran, genetic information, color, ethnic or national origin, and any other category protected by federal or state rights law in any area of employment.
9. Employment Practice Complaints
   1. Upon receipt of any charge or claim alleging violations of state or federal laws or regulations in any area of employment by any state or federal agency, or by any attorney, a copy of the notice of the charge or claim shall immediately be transmitted to the Office of General Counsel.
   2. The College shall transmit to the Office of General Counsel copies of all correspondence from or to the state or federal agency involved.
   3. All responses to and interactions with the state or federal agency shall be coordinated through the Office of General Counsel.
   4. Internal complaints, charges, or claims concerning matters of employment shall be handled through the established procedures at the College, subject to approval by the president.
10. Academic Credentials to comply with T.C.A § 49-7-133
    1. It is a Class A misdemeanor to misrepresent academic credentials. A person who commits the offense of misrepresentation of academic credentials, knowing that the statement is false and with the intent to secure employment at or admission to an institution of higher education in Tennessee, represents, orally or in writing that such person:
       1. Has successfully completed the required coursework for and has been awarded one (1) or more degrees or diplomas from an accredited institution of higher education;
          1. Has successfully completed the required coursework for and has been awarded one (1) or more degrees for diplomas from a particular institution of higher education; or
             b. Has successfully completed the required coursework for and has been awarded one (1) or more degrees or diplomas in a particularfield or specialty from an accredited institution of higher education.
11. Records and Reporting Requirements
    1. The College shall maintain full and complete records on all personnel, including all appointments, compensation, change of status, and termination as specified in College Policy No. 08:22:00 Records – Retention and Disposal.
12. Exceptions
    1. The Chancellor is authorized to approve exceptions to the provisions of this policy or to suspend the provisions of this policy.

Please refer to Tennessee Board of Regents Policy No. 5:01:00:00 and Guideline P-010

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For the College’s employment procedures, please contact the office of Human Resources. Sources: T.C.A. §§ 49-8-203, 49-7-133; T.C.A. §§ 8-35-124, 8-50-807

Approved by TBR: June 25, 1976
Revised by TBR: March 4, 1977
Revised by TBR: June 26, 1981
Revised by TBR: September 18, 1981
Revised by TBR: September 30, 1983
Revised by TBR: September 16, 1988
Revised by TBR: March 17, 1989
Revised by TBR: September 21, 1990
Revised by TBR: December 7, 1990
Revised by TBR: March 19, 1993
Revised by TBR: September 20, 1996
Revised by TBR: December 6, 1996
Revised by TBR: June 20, 1997
Revised by TBR: June 29, 2001
Revised by TBR: March 15, 2002
Revised by TBR: December 5, 2003
Revised by TBR: September 24, 2004
Revised by TBR: March 30, 2007
Revised by TBR: September 26, 2008
Revised by TBR: June 19, 2009 to take effect July 1, 2009
Revised by TBR: June 24, 2010
Revised by TBR: September 20, 2013
Revised by TBR: June 20, 2019
Revised by TBR: June 18, 2021
TBR Ministerial Changes: May 15, 2023.
Reviewed/Recommended: President’s Council, August 28, 2023
Approved: President L. Anthony Wise, Jr., August 28, 2023
Review/Recommended: College Council, January 27, 2025
Approved: President L. Anthony Wise, Jr., January 27, 2025