Part 6 Subpart 6-1 Personnel Hiring Policy

Sec. 6-110 Policy in Regard to Non-Continuance of Employment.

  1. At Will. All administrative employees and other employees who are not designated as "just cause" under Sec. 6-110(2) of Board policy or collective bargaining agreements are employed with the University on an "at will" basis.

    Cross Reference:

    Sec. 6-001(7). Definition of "At Will."

    Sec. 6-001(8). Definition of "Just Cause."

  2. Support Employees and Just Cause. Support employees who have successfully completed probation, may only be terminated for just cause, or for business or economic reasons. A current support employee who seeks and obtains a different position within the University shall be considered probationary in the new position for sixty (60) calendar days. If during such period a decision is made not to continue the employee in the position, the University may elect to return the employee to his or her former position or to terminate the employment (in which case the termination will be deemed to be for business or economic reasons if not specified to be for just cause).

    Cross Reference:

    Sec. 6-001(5). Definition of "Support Employees."

    Sec. 6-001(8). Definition of "Just Cause."

    FSU-HRPP. Human Resources Policies and Procedures, Probationary Periods for Non-Bargaining Employees

    FSU-HRPP. Human Resources Policies and Procedures, Termination of Employment

  3. Notice of Non-Continuation. Employees shall (subject to the University's right to provide pay in lieu of notice) receive notice of non-continuation of employment as follows:
    1. Administrative employee. If a decision is made prior to the completion of the first year of employment to not continue the employment of an administrative employee, other than a Provost, a Vice President, the Chief Diversity Officer, an Academic Dean an Academic Department Head, a Coach, or a Hall Director, the University shall notify the administrative employee at least ninety (90) calendar days before the effective date of such non-continuation. If a decision is made after the completion of one year of employment to not continue the employment of such an administrative employee, the University shall notify the administrative employee at least one (1) year before the effective date of such non-continuation.

      Cross Reference:

      Sec. 6-001(4). Definition of "Administrative Employee."

      Sec. 6-001(7). Definition of "At Will."

    2. Provost, Vice President, Chief Diversity Officer, Academic Dean, and Academic Department Head. If a decision is made during the appointment period not to continue the appointment of a Provost, a Vice President, the Chief Diversity Officer, an Academic Dean or an Academic Department Head, the University shall so notify the Provost, Vice President, Chief Diversity Officer, the Academic Dean or the Academic Department Head at least ninety (90) days (or, in the case of a Provost, Vice President, Chief Diversity Officer, Academic Dean or Academic Department Head with more than one (1) year remaining on his or her appointment period, at least one (1) year) before (i) the effective date of such non-continuation, or (ii) the end of the appointment period, whichever is later.
    3. Coaches and Hall Directors. If a decision is made prior to the completion of the first year of employment not to continue the appointment of a Coach or Hall Director, the University will notify the employee at least 90 calendar days before the expiration of the first year of employment of such non-continuation. If a decision is made not to continue the employment after the Coach's or Hall Director's first full year of employment, the University shall notify the employee at least 180 calendar days before the effective date of such non-continuation.
    4. Support Employees. If after the successful completion of the probationary period, a decision is made not to continue the employment of a support employee for business or economic reasons, the University will notify the employee at least sixty (60) calendar days before the effective date of such non-continuation.

    Cross Reference:

    Sec. 6-001(5). Definition of "Support Employee."

    Sec. 6-001(9). Definition of "Business or Economic Reasons."

  4. Pay or Reassignment in Lieu of Notice. The University may elect to provide an employee with payment in lieu of notice, and may elect to reassign a Provost, a Vice President, the Chief Diversity Officer, an Academic Dean or an Academic Department Head to other duties in lieu of notice, payment, or both, as follows:
    1. The University may elect to provide an employee with pay in lieu of notice in an amount equal to the base compensation which the employee would have received during the specified notice period.
    2. Where the a Provost, a Vice President, the Chief Diversity Officer, an Academic Dean or an Academic Department Head has more than one (1) year remaining on his or her appointment period, the University may elect to reassign the Provost, Vice President, Chief Diversity Officer,an Academic Dean or Academic Department Head for the remainder of the appointment period, in lieu of notice, payment, or both. Any such reassignment shall be made at the same rate of base compensation that the Provost, Vice President, Chief Diversity Officer, Academic Dean or Academic Department Head was receiving immediately prior to the time of the reassignment.
  5. Exception to Requirements for Notice Period or Payment In Lieu of Notice in Cases of Just Cause Termination. No notice period, or payment in lieu of notice and/or reassignment, shall be required if an employee is terminated for just cause (but such terminations are subject Termination Appeal Procedure or the grievance procedure of any applicable collective bargaining agreement).

    Cross Reference:

    Sec. 6-001(8). Definition of "Just Cause."

    Sec. 6-111. Summary of the Termination Appeal Procedure.

    FSU-HRPP. Human Resources Policies and Procedures, Termination Appeal Procedure

  6. Challenges to Terminations for Business or Economic Reasons. Challenges to termination of employment for business or economic reasons are limited to the issue of whether the University's selection of specific employees for such termination is in violation of applicable procedures and criteria. All such challenges are subject to the termination appeal process or the grievance procedure of any applicable collective bargaining agreement. If a support employee's employment is terminated for business or economic reasons and the employee wishes to challenge his or her selection for termination, he or she must use the Termination Appeal Procedure.

    Cross Reference:

    Sec. 6-001(9). Definition of "Business or Economic Reasons."

    Sec. 6-111. Summary of the Termination Appeal Procedure.

    FSU-HRPP. Human Resources Policies and Procedures, Termination Appeal Procedure

    Prior Board Action (for entire Sec. 6-110):

    February 13, 1999.

    May 5, 2000.

    October 11, 2002.

    May 1, 2007.

    November 7, 2008.