Notice of Non-reappointments and Terminations for Unclassified Professional Staff (UPS)

I. Non-reappointments

A notice of non-reappointment shall be a letter coordinated with Human Resources (HR) from the authorized administrator notifying the staff member that their appointment will not extend beyond the end of the fiscal year or will be modified (as detailed below). Authorized administrators who are considering a notice of non-reappointment must consult first with their administrative channels and with HR before making a recommendation of non-reappointment. Non-reappointment should be in the best interests of the University.

a. Conditions requiring a notice of non-reappointment

A notice of non-reappointment is required when administrative actions result in the following changes for an unclassified staff member:

• a permanent salary reduction;
• a FTE change that causes a permanent, annual salary reduction;
• a change in funding source which alters the appointment to a “contingent on funding” appointment; or
• the non-renewal of employment in the best interests of the University.

b. Notice of non-reappointment

Written recommendation for non-reappointment of an unclassified professional staff member may be made by the chair or director (or their designee) to the authorized administrator as noted herein. Notices of non-reappointment may also be initiated without written recommendation by the authorized administrators who will determine if non-reappointment is required or is in the best interests of the University. Only administrators (or their designees) as specified in the Chancellor’s Delegation letter are authorized to issue notices of non-reappointment. Those administrators may designate HR to issue the written notice.

In consultation with HR and depending on the nature of the appointment, an unclassified staff member who has received a notice of non-reappointment may be placed on paid administrative leave pending the effective date of the non-reappointment. In such cases, the staff member will be expected to comply with management instructions during this paid absence. Failure to comply with those instructions, or failure to maintain adequate performance and/or conduct could result in disciplinary action up to and including termination prior to the effective date of the non-reappointment.

Circumstances may arise which warrant a modification, extension, rescission of a notice of non-reappointment. Those changes may be made by the authorized administrator in consultation with HR.

c. Duty reassignment

In consultation with HR, an unclassified professional staff member who has received a notice of non-reappointment may be reassigned to other duties and/or to an alternate supervisor until the effective date of the non-reappointment. An employee may also be relocated to another work site and/or have electronic system access and/or privileges modified or disabled. In such cases, the staff member will be expected to comply with management instructions during this paid absence. Failure to comply with those instructions, or failure to maintain adequate performance and/or conduct could result in disciplinary action up to and including termination prior to the effective date of the non-reappointment.    

d. Notice time periods

Generally appointments for unclassified professional staff appointed to regular positions without special employment conditions begin with the fiscal year on July 1. The appointment generally continues through June 30 which is considered the last day of the fiscal year for the purpose of non-reappointments. Unclassified professional staff appointments with special employment conditions (e.g., limited term, contingent upon funding, “serve at the pleasure” appointments) as defined by the University’s policy on Employment Conditions or appointments held during periods of budgetary constraints, emergencies, program restructuring, or discontinuance of a program are not subject to these notice time periods.

During the first three (3) fiscal years of continuous service on regular, fiscal year appointments with the University and after successfully completing the probationary period, notice must be given no later than May 17 for non-reappointment the following fiscal year. After completion of the third full fiscal year of continuous service on regular staff appointments with the University, the individual must be given notice no later than March 30 if the employee will not be reappointed the following fiscal year.

In some cases, unclassified professional staff may be appointed to less than a full fiscal year but are not considered Limited Term appointments. They may also be subject to special employment conditions previously mentioned without notice time periods. Absent special employment conditions, staff appointed on less than a fiscal year basis must be given notice of non-reappointment no later than March 30, regardless of their length of service. Pursuant to KBOR II.C.7., and subject to any applicable labor agreement, the service end date in any notice of non-reappointment shall not exceed 90 days from the date of the notice of non-reappointment. Accordingly, a notice of non-reappointment shall be effective not more than 90 days from the date notice is given, unless the Chancellor determines a longer period is warranted for the individual circumstance.

A notice of non-appointment, as outlined in this policy, is effective July 1. Therefore, to be compliant with the KBOR policy, no notice of non-reappointment resulting in non-renewal of employment shall be issued to an employee prior to April 1.

e. Appeal avenues

A staff member who asserts that a decision to give notice of non-reappointment constitutes a violation of established University procedures is entitled to appeal such decision by submitting a written appeal within fourteen (14) calendar days of the date of the written notice of non-reappointment to the administrator issuing the notice. If an unclassified professional staff reports directly to the administrator issuing the notice of non-reappointment, the employee may appeal that procedural violation to an administrator designated by the Provost or Chancellor for that purpose. Such an appeal cannot be based on any reason other than that the notice violated established University procedures for non-reappointment. This is the sole avenue for appeal of a notice of non-reappointment.

a. Terminations not for cause

Employees holding Unclassified Professional Staff (UPS) positions may be terminated or have their appointment reduced without cause for the following reasons:

• The position has been designated as “contingent upon funding” and there is a lack of available funds designated for the position.
• Financial or programmatic circumstances necessitate a budgetary reduction, program/organizational restructure, or program discontinuance.
• Financial exigency.

All such terminations or appointment reductions require a 14-day minimum notice to the employee. If available, and in the best interest of the organization, an alternate employment opportunity may be offered to an employee at the time termination notice is provided.

Employees given notice of termination are expected to continue to make contributions to the department/University and meet both performance and conduct expectations throughout the remainder of their employment. Failure to meet performance and conduct expectations could result in disciplinary action up to and including termination prior to the specified effective date. Supervisors are expected to begin the exit process utilizing the appropriate departure checklists to facilitate the departure.

UPS positions designated as “serve at the pleasure”, in a probationary status, or temporary (non-benefits eligible) are at-will employees who also may be terminated without cause. Employees with such appointments are not required to receive advance notice of termination; therefore, any advanced notice provided is at the discretion of the authorized administrator.

b. Terminations for cause

UPS employees also may be terminated for just cause related to the performance of or failure to perform the individual's duties or for violation of the reasonable directives, rules and regulations, and laws of the institution, the Kansas Board of Regents and the State of Kansas or the United States, as more fully set forth in the University’s Disciplinary Action Policy for Staff. Any advanced notice provided is at the discretion of the authorized administrator.  

Any such termination or appointment reduction request must have the endorsement by the appropriate administrative channels and with Human Resources (HR) prior to employee notification. Only administrators (or their designee) specified in the Chancellor’s Delegation letter are authorized to terminate an appointment. Administrators may designate HR to issue the written notice unless HR is the designated authority.  

c. Appeals

Any notice of termination (or proposed termination) shall communicate to the employee their right to appeal, if any.