UOG Procedures and Policy Manual Library
UOG Procedures and Policy Manual Library
UOG Procedures and Policy Manual Library
Table of Contents
The University of Guam Human Resources Office is an organizational strategic partner
administratively supporting the shared achievement of the University’s mission, goals,
and objectives with talent acquisition, recruitment, and employment, talent development,
compensation and benefits, and compliance with federal and local laws.
The University of Guam is an Equal Employment Opportunity employer. In fulfillment
of its mission and functions, the University of Guam embraces all Employment laws
and regulations, and does not discriminate against a job applicant or an employee
because of the person’s race, color, religion, sex (including pregnancy, gender identity,
and sexual orientation), national origin, age (40 or older), disability or genetic
information.
In the event any rule or regulation is in conflict with statute, the statute shall
prevail.
The Administrator Positions provide a general job description which briefly indicates
what entails in each title. The University of Guam Human Resources Office is the custodian
of the titles below.
Position Narrative
Overall responsibility of the office of institutional effectiveness office, including
the functions of the office of academic assessment and institutional research, institutional
accreditation, assessment of student learning outcomes, academic program/unit and
co-curricular review, and supporting programmatic accreditation. Oversight responsibility
of articulation agreements with the regional colleges and other educational institutions
at the course, program, and institutional level. Integral involvement in institutional
strategic planning support, often in cooperation with the Senior Vice President and
the President. Liaison with other institutional research officials from partnered
institutions, including local public school and community college, information technology,
various state and federal initiatives, and distance/continuing education.
The AVPIE position signifies a commitment to evidence-based decision making, and to
be able to accomplish institutional effectiveness (IE) functions more effectively
and efficiently (particularly accreditation).
This position provides support for all programs and the institution in the areas of
assessment design, research agendas, planning, monitoring, and implementation. The
Assistant Vice President for Institutional Effectiveness will identify and accomplish
a research agenda for the institution to improve academic assessment, institutional
planning and decision making in all areas related to the academic and student experience
in support of the University's strategic initiatives. This includes working in concert
with other units to support broader research agendas that support academic excellence
and student success. This position will work collaboratively with the Enrollment Management
and Student Success Registrar's Office, the Office of Information Technology, the
academic colleges and schools, the University Planning and Budget Committee, and the
Assistant Vice President for Academic Excellence/Director of Graduate Studies to provide
data analysis to support accreditation requirements, planning and decision making
for both on campus and external reporting and the development of the University Fact
Book. [Board Resolution 16-36]
Position Narrative
Under the direction of the Senior Vice President for Academic and Student Affairs,
the Assistant Vice President for Academic Excellence/Director of Graduate Studies
will support and sustain excellence in teaching, research, and student achievement
at the University of Guam. The Assistant Vice President for Academic Excellence is
responsible for maintaining an environment conducive to academic quality, teaching
and research excellence, student success, innovation, and progress, as well as a culture
of iterative review and responsible University Citizenship. The Director of Graduate
Studies will coordinate the activities of graduate programs with the appropriate Deans
and various program faculty and assure updates of all activities relating to graduate
faculty status and graduate program quality, on behalf of the Senior Vice President
for Academic and Student Affairs. [Board Resolution 16-36]
Position Narrative
The Associate Budget and Administrative Process Officer (ABAPO), under the general
direction of the Comptroller, is primarily responsible for the development and
management of the University's annual budget, provision of management information,
management of financial services and controls, project management for financial and
administrative systems, and business and administrative process redesign and simplification
consistent with the University's mission, accreditation standards, autonomy and academic
freedom. The ABAPO supports the achievement of institutional purposes and educational
objectives through the management of the University's financial resources and strategic
administrative processes in a manner that creates a high quality environment for student
learning. The position manages the activities of a small staff of finance and administrative
professionals.
Position Narrative
Under the general direction of the Comptroller, the Associate Comptroller/ Bursar
manages the Bursar's Office, supports the management of the Business Office, oversees
financial reporting, and leads the development and implementation of financial systems
consistent with the mission, strategic initiatives, accreditation standards, autonomy
and academic freedom. This position also supports the achievement of institutional
purposes and educational objectives through the provision of the financial and student
accounts infrastructure and controls in a manner that creates a sustainable environment
for student learning. Within the University this position works closely with the VPs,
Comptroller, Academic Officers Council (deans and directors} and students. Outside
the University this position interacts with WASC, Gov Guam Department of Administration
and Bureau of Budget and Management, Research, financial institutions, audit firms
and collection agencies. Key dimensions of the position include: $82M general ledger;
over 3,600 student accounts; $5M tuition receivables and $7M financial aid receivables;
reporting of $17M ARRA capital projects and $25M of other Federally funded grants;
and ~26 professional staff with nine direct reports being two General Accounting Supervisors
in Business Office and the collections staff, accounts receivable and cashier in Bursar's
Office.
Position Narrative
The Associate or Assistant Dean(s) of the College of Liberal Arts and Social Sciences
(CLASS) are academic and administrative officers under the general administrative
direction of the Dean of the College. They perform the duties of the Dean, as these
are delegated to them by the Dean. They are expected to uphold the University's mission,
policies and procedures, and to provide vision, ethical leadership and advocacy in
academic affairs and scholarly activities. Included is an emphasis on the continuing
support of the highest standards of academic quality in instruction, research, and
service. They support the Dean's visible leadership and representation of the College
on campus and in the greater community. They are expected to share the Dean's work
in marshalling the vibrancy and creative energies of the faculty and staff, and to
support the development of specific strategic steps to encourage excellence. They
participate in the Dean's activities to guide the Chairs and faculty in the definition
of expected outcomes and to support the College in achieving those outcomes via academic
programs, outreach, research, and extramural fund raising through grants, contracts,
and donations. They respond to the Dean's delegation of assignments to manage the
resources of the College; to recruit, evaluate, and retain well-qualified faculty
and staff; and to develop effective undergraduate and graduate student recruitment
and retention initiatives.
Position Narrative
The University of Guam Associate Dean, EMSS and Registrar, reports to the Dean of
Enrollment Management and Student Success, and is the second senior official responsible
to lead, plan, organize, and manage the University’s student service functions including
the Office of Admissions and Records Management and serve as University Registrar.
Position Narrative
The Associate Director for Cooperative Extension Service (CES) serves as a member
of the College of Natural and Applied Sciences (CNAS) administrative team and is accountable
to the Dean of CNAS. The primary objective of the Associate Director is to assist
the Dean/Director in providing leadership and supervision of island wide Cooperative
Extension (informal outreach educational) programs and projects.
Position Narrative
The Associate Director for Western Pacific Tropical Research Center serves as a member
of the College of Natural and Applied Sciences (CNAS) administrative team and reports
directly to the Dean of CNAS. The primary objective of the Associate Director is to
provide leadership and administrative support for research activities conducted by
WPTRC researchers (both faculty and staff).
Position Narrative
The Associate Director, PIP Professional Development and Lifelong Learning Center
(PDLLC), supports the Director of Global Learning and Engagement (PIP) in providing
profitable, entrepreneurial, market-driven, and outcomes-based leadership in extending
the University's educational resources and enhancing its responsiveness to our community
and the Asia Pacific region consistent with the mission, strategic initiatives, accreditation
standards, autonomy and academic freedom. The Assistant Director leads the coordination
efforts for PDLLC's professional development, personal enrichment and community training
programs, as well as coordination of various professional, outreach, and grant programs.
Together with the Director, the Associate Director assists in defining, clarifying,
and delivering profitable strategic initiatives related to market growth and development,
innovative lifelong learning, collaborative educational public/private partnerships,
and market-based program development. The Associate Director leads a staff of 2 and
administers programs and services with gross revenues $ 1 million. Direct reports
are the Administrative Aide and Extension Associate.
Position Narrative
The Associate Director, PIP Telecommunication and Distance Education Operation (TADEO)
supports the Director of Professional and International Programs (PIP) in providing
leadership for the University's telecommunication and distance education operation,
its resources, and enhancing its responsiveness to our community and the Asia Pacific
region consistent with the mission, strategic initiatives, accreditation standards,
autonomy and academic freedom. The Associate Director TADEO manages and coordinates
a regional communication facility, including the management of related grants. The
Associate Director TADEO assists in defining, clarifying, budgeting and delivering
strategic initiatives and coordinating support services related to the University's
distance education operation. The Associate Director TADEO manages staff of 3 full-time
employees and administers programs and services with gross revenues $250,000.
Position Narrative
The Athletics Director, under the general direction of the Vice President for Administration
and Finance, is primarily responsible for the administration of the University's athletics
programs consistent with the mission, strategic initiatives, accreditation standards,
autonomy and academic freedom. The Athletic Director supports the achievement of institutional
purposes and educational objectives through the management Field House events and
athletics programs in a manner that creates a high-quality environment for student
learning. The athletics program is a co-curricular program integrated with academic
goals and programs in support of student professional and personal development. The
Field House houses academic and athletic programs and is also a facility available
for broader University and community needs. The Athletic Director manages a staff
of 5 (summer camp 25+) and administers stand-alone auxiliary funds with responsibility
for revenues of $0.3 million for Athletics and $ 0.3 million for the Field House.
[Board Resolution 14-19]
Position Narrative
The Triton Store and Auxiliary Services Director (BASD), under the general direction
of the Vice President for Administration and Finance, is primarily responsible for
the administration of the University's bookstore, post office, food services and other
auxiliary services consistent with the mission, strategic initiatives, accreditation
standards, autonomy and academic freedom. The BASD supports the achievement of institutional
purposes and educational objectives through the management of auxiliary services in
a manner that creates a high quality and affordable environment for student learning.
Triton Store operations, in particular, are closely integrated with academic goals
and programs in support of student learning and academic freedom. The Director manages
a staff of 9. The Director administers three stand-alone auxiliary funds with bottom-line
responsibility for revenues of ~$0.5 million (M) for the bookstore, ~$0.1M for the
post office, and ~$0.04M for food services (contractual payments).
Position Narrative
The University of Guam (UOG) Capital Projects Manager (CPM) reports directly to the
Chief Plant Facilities Officer (CPFO) and is responsible for the management of all
construction contracts of the University including large Air Conditioning Installations,
Retro-fitting, replacements, and repairs. The CPM will oversee the Capital Improvements
Projects Coordinator (CIPC) and the staff that fall under that position. [Board Resolution
18-26]
Position Narrative
The Chief Human Resources Officer (CHRO), under the general direction of the Vice
President for Administration and Finance, is responsible for leading and developing
the University's human resources office (HRO) and administering HR matters related
to faculty, staff, administrators, and students consistent with the mission, strategic
initiatives, accreditation standards, autonomy and academic freedom. The CHRO supports
the achievement of institutional purposes and educational objectives through the management
of human resources and related programs in a manner that creates a high quality environment
for student learning. HR policies and programs are integrated with academic goals
and programs and support professional and personal development. HR dimensions include:
compensation and benefits for medical/dental/life insurance, retirement, 403(b)(7)
and 457 plans, sabbatical and other forms of leave of $31 million(M); over 900
employees including --- academic personnel, -- classified staff and --- unclassified/non-classified
staff. The CHRO directly manages a staff of 10 and administers a budget of over $0.6M.
Position Narrative
The University of Guam, Chief Information Officer, is a new position that reports
directly to the President. The person will direct the strategic use of technology
for the University, spearhead IT planning, and expand the functionality and adoption
of new applications across the campus and beyond. The person will supervise the Director
who is responsible for the Information Technology Resource Center (ITRC).
The University has embarked on a mission to make Guam a research and education hub
with network and videoconferencing connectivity to North America, the Pacific, and
Asia. The University is implementing a Good to Great strategic framework. The University
is focusing on areas where performance has been good and improving so that the University
can become great in those areas. Technology is a major lever for achieving this outcome.
The University desires to be as effective and efficient as it can be with respect
to its core competencies. The University also desires to provide increased capabilities
for research staff to easily move large volumes of data. [Board Resolution 15-20]
Position Narrative
The Director of Strategic Planning is a 12-month appointment position that will report
to the President of the University of Guam and will serve as the advisor to the President
on institutional planning, initiatives, and resources, and oversee the development,
implementation, and management of the University strategic plan that will enhance
organizational productivity and resources, academic excellence, and better business
practices. This position calls for someone who is analytical of processes and data,
collaborative, interpersonal, and can work well with a diverse group of professionals
in a dynamic, multi cultural institution.
Position Narrative
The Chief Plant and Facilities Officer (CPFO), under the general direction of the
Vice President for Administration and Finance, is responsible for providing leadership
and direction in matters relating to the University's physical plant and facilities
consistent with the mission, strategic initiatives, accreditation standards, autonomy
and academic freedom. The CPFO supports the achievement of institutional purposes
and educational objectives in a manner that creates a high quality environment for
student learning through management of the Plant and Facilities organization, engineering
and construction contracts, multi-million dollar academic building capital projects
associated with the Physical Master Plan, Field House and Dormitory maintenance and
operations, and strategic infrastructure initiatives. The position manages University
plant and facilities, the dimensions of which include: ~$100 million (M) of capital
assets, an operating budget of over $5M, annual capital outlay up to $1.5M, ~55 professional
and classified staff, contract vendors, a campus maintenance fund of ~$1.3M and currently
$1.3M of federally funded CIP projects. Direct reports include the Building Maintenance
Superintendent, CIP Projects Coordinator, an administrative team, and indirect supervision
over a Buyer II and contractors.
Position Narrative
The Comptroller, under the general direction of the Vice President for Administration
and Finance (VPAF), is the University’s financial officer responsible for the processes
of accounting and reporting, audit, insurance, budgeting, financial planning/management/control,
collections, payroll, procurement and treasury. The Comptroller supports the achievement
of institutional purposes and educational objectives through the management of fiscal
resources and related financial programs in manner that creates a sustainable environment
for student learning. Financial policies and programs are integrated with and provide
funding for the University’s academic goals and programs. The position manages University
finances, the dimensions of which include: gross revenues and appropriations $76 million(M),
gross payroll $31M, procurement $27M, assets $106M, investments $14M, capital expenses
$1M, tuition collectibles $5M, financial aid collectibles $7M, and an insurance program.
The Comptroller directly manages a staff of 22 and administers a departmental budget
of $2.4 million. Direct reports include General Accounting Supervisor, Administrative
Services Officer, Bursar, Payroll Supervisor and Supply Management Administrator.
(Retrieved by Dr. Lee Yudin. Could not locate BOR)
Position Narrative
The Dean of the College of Natural and Applied Sciences is the academic and administrative
officer of both undergraduate and graduate programs and instructional activities of
the College. In addition, the Dean of CNAS is also the Director of the Western Pacific
Tropical Research Center that houses agricultural related research on Guam; and the
Director of Guam’s Cooperative Extension Service which is the outreach arm of the
college. The Director appointment is sanctioned by the Secretary of Agriculture, USDA.
The Dean of CNAS, reports to the Senior Vice President of Academic and Student Affairs,
and is expected to uphold the University's mission, local and federal policies and
procedures, and to provide vision, leadership and advocacy in the affairs and scholarly
activities of the college.
The Dean is responsible for managing the resources of the College; for all grants,
recruitment, evaluation, and retention of well-qualified faculty and staff; and for
supporting the development of effective undergraduate and graduate student recruitment
and retention initiatives. Directly under the Dean, there is one Associate Dean of
Instruction and two Associate Directors of USDA federal funded projects. The college
also has its own accounting department (i.e., 1 Accountant 3, 1 Accountant 2, and
1 Accountant 1) that the Dean oversees and 20 civil service staff members. The college
also employees nearly 200 soft money personnel on grants and contracts that the Dean/Director
is the administrative head.
Position Narrative
The Dean of University Libraries is responsible for the overall administration, planning
and development of the RFK Memorial Library and the RFT-Micronesian Area Research
Center and reports directly to the Senior Vice President for Academic and Student
Affairs. The Dean provides leadership in coordinating campus-, island-, and region-wide
access to information resources. The Dean is a member of the University's Administrative
Council and serves in other administrative service functions. [Board Resolution 18-14]
Position Narrative
The University of Guam, Dean, Enrollment Management and Student Success is a member
of the Senior Vice President for Academic and Student Affairs' cabinet that supports
and serves the vision of the University of Guam as a student learner centered institution,
dedicated to the enhancement of student success, enrollment growth, and institutional
visibility. The Enrollment Management and Student Success team provides a new focus
for the student services area at the University of Guam. The Dean ensures consistency,
currency, responsiveness, and excellence in all aspects of enrollment management
and student success which includes admissions, student records, financial aid,
health services, career placement, counseling, residence halls, ADA, student life,
and comprehensive efforts towards retention, degree completion, and student advancement.
The Dean of EMSS is responsible for the offices of Admissions and Records, Academic
Counseling, Student Life, Career Services, Educational Opportunity Program, Financial
Aid, Learning Communities, Student Retention (including the First Year Experience),
Student Health (including Wellness), Academic Counseling, TRIO Programs (including
Student Support Services, Educational Talent Search, and Upward Bound). [Board Resolution 14-29]
Position Narrative
The Dean is the administrator of the School of Business and Public Administration,
University of Guam, and reports directly to the Senior Vice President, Academic and
Student Affairs. The Executive Director is responsible for policies, employee supervision,
budgets, and general management of all activities related to the operation of the
respective School, and for providing student and staff services in support of academic
programs and other School initiatives.
Position Narrative
The Dean of the School of Education is the academic and administrative leader of the
School of Education and reports directly to the Senior Vice President, Academic and
Student Affairs. The Dean is expected to exercise vision, ethical leadership and advocacy
in academic affairs, scholarly and service activities of the School. This full-time
administrative position is also responsible for policy implementation, faculty and
employee supervision, class scheduling, load assignments, and general management of
all activities related to the operation of the School of Education, and for providing
student and staff services in support of academic programs. As a member of the senior
administrative team for the University, the Dean will work successfully as part of
a multicultural team.
The Dean of the School of Education will be appointed for his/her intellectual and
administrative abilities, demonstrated success in education and research, judgment
and qualities of leadership. The successful candidate has responsibility for the management
of the School and for the implementation of University and School policies in all
aspects of its operation. The Dean should have the ability to create an environment
conducive to the growth of intellectual life within the School and to maintain the
confidence and co-operation of the faculty, administrative' staff and students. He/she
should be able to manage effectively and efficiently the external relations of their
School, both within the University and in the wider community, so as to facilitate
support for its educational and research activities. The Dean cooperates with the
Financial Aid Office and the Board of Regents in the management of the Government
of Guam funded scholarship program for educators. The Dean represents the School's
policies and points of view, makes independent judgments on administrative matters
within University policies and the Board of Regents/Faculty Union negotiated agreement
(2008); and will be held to the highest standards of equity, fairness and integrity.
Position Narrative
The University of Guam (UOG) Dean, School of Engineering is a member of the Senior
Vice President, Academic and Student Affairs' cabinet providing leadership and vision
in strategic planning and Engineering program implementation which contribute to the
fulfilment of the University's strategic priorities. The Dean also leads academic
quality, enrollment management, and student success initiatives, including the development
and delivery of excellence in teaching, research, scholarship, and knowledge transfer/enterprise
that enhances the quality of the student experience. In addition, the Dean operates
within the policies, regulations, and framework of the institution, ensuring the physical
and human resources are effectively deployed and managed. [Board Resolution 16-27]
(Retrieved by Jonathan Nguyen. Could not locate BOR)
Position Narrative
This is an administrative position assigned responsibility for organizing and coordinating
the planning, implementation and evaluation of the nursing and health science education
programs at the University of Guam in relation to the school's academic master plan.
Work also involves formulating and executing policies in the administration of the
programs and providing nursing and health sciences education expertise to officers
of the University of Guam. The nurse administrator, with the participation of the
faculty, has authority and responsibility compatible with the general policies of
the University of Guam for nursing and health sciences education.
Work is performed under the general oversight of the Senior Vice President (SVP).
The employee in this role works closely with the SVP in day to day administrative
matters and in dealing with the University community and the general public. Work
also involves the coordination of faculty activities within the Nursing and Health
Science Units. Performance outcomes are reviewed and evaluated through conferences
with the SVP, submission of reports, and evaluation procedures established by the
University of Guam.
(Retrieved by Jef Limtiaco. Could not locate BOR)
Position Narrative
Under the general administrative direction of the Senior Vice President for Academic
and Student Affairs, the Center for Excellence in Developmental Disabilities Education,
Research and Service (CEDDERS) Director is responsible for the overall administrative
duties of the unit. CEDDERS is one of 67 nationally designated Centers of Excellence.
Directors must have, according to the DD Act which establishes such Centers and from
which Core Funding is provided “Appropriate academic credentials; demonstrated leadership;
expertise regarding developmental disabilities; significant experience in managing
grants and contracts; and the ability to leverage public and private funds” DD Act
Sec. 154 (a)(3)(G). In addition, the Director must also adhere to federal regulations
governing each grant program under which CEDDERS receives federal funds. The Director
is normally selected from among the faculty of the unit on a triennial basis by majority
vote of the faculty. The Director has faculty retreat rights and, upon completion
of his or her term and return to the faculty, will receive the same number of Step
increases in the salary received as Director would have been received prior to the
appointment over time served as Director.
Position Narrative
Under the general administrative direction of the Assistant Vice President for research
and sponsored Programs, the Marine Laboratory (ML) Director is responsible for the
overall administrative duties of the unit. By Board of Regents/Faculty Union agreement,
the Director is elected by unit faculty. The Director has faculty retreat rights and,
upon completion of his or her term and return to the faculty, will receive the same
number of Step increases in the salary received as Director would have been received
prior to the appointment over time served as Director.
Considering responsibilities are similar to other Acting Directors and Associate Directors
salary range should be at least the same if not more depending on the duties, responsibilities
and the associated work load (Average salary in comparable Land Grant institutions
ranges from $120,000 to $150,000).
Position Narrative
This is a full-time (12 month) administrative professional position reporting to the
President for the University of Guam. The Director is responsible for institutional
development programs and leads institutional fundraising. The Director coordinates
contacts and services to alumni, develops and maintains alumni mailing lists and mailing,
organizes receptions and other special alumni activities. The Director will support
the efforts of the UOG Alumni Association, as well as other UOG Alumni chapters to
enhance alumni relations with the University and to coordinate and encourage alumni
involvement in the growth and development of the University.
Position Narrative
The Director, EEO and Title IX/Americans with Disabilities Act (ADA) Coordinator,
under the general direction of the Chief Human Resources Officer (CHRO), is responsible
for managing the development, implementation, and coordination of, but not limited
to, the following programs: Equal Employment Opportunity, Non-discrimination/non
harassment compliance, Title IX, and Disability accommodations for students and employees.
[Board Resolution 16-16]
Position Narrative
The Financial Aid Director, under the general administrative direction of the Dean
of Enrollment Management and Student Services, is responsible for the provision of
all federal, state, private, veterans, and institutional student financial aid programs.
The Financial Aid Director supervises an office staff consisting of Program Coordinators;
Administrative Assistant, Administrative Aide, Secretary, and many College Work Study
(CWS) employees. This position involves planning, directing and evaluating a comprehensive
financial aid delivery system in the context of an accredited 4-year university. The
position provides a wide variety of financial aid services to the students at the
University and supports the University accreditation, autonomy and strategic plans.
The individual must be able to work with a diverse group of students with diversified
cultural and educational backgrounds.
Position Narrative
Under the direction of the President, the Director of University Marketing & Communications
is the University's chief spokesperson, coordinator, developer, and manager of the
University's overall branding, marketing, and public relations efforts. The DIMC works
closely with senior management and constituencies on and off campus to define, develop,
and implement institutional public relations and marketing strategies. These strategies
will focus on developing the university's brand by increasing the University's visibility
and image as a critical education, research, and service resource locally, regionally,
nationally, and internationally. The DIMC works closely with the Dean of EMSS to develop
enrollment target populations and to develop specific strategies to reach target markets.
Position Narrative
Under the general administrative direction of the Senior Vice President for Academic
and Student Affairs, the MARC Director is responsible for the overall administrative
duties of the unit. The Director has faculty retreat rights and may retreat to the
faculty of MARC following successful completion of the original contract.
Position Narrative
The Director, Global Learning and Engagement (PIP), under the general direction of
the Vice President for Administration and Finance, is primarily responsible for providing
professional development programs and services that extends the University’s educational
outreach and enhances its responsiveness to our community and the Asia Pacific region
consistent with the mission, strategic initiatives, accreditation standards, autonomy
and academic freedom of the University of Guam. The PIP Director manages the Professional
Development and Lifelong Learning Center (PDLLC); English Language Institute (ELI);
English Adventure/ Edu-Tourism Program (EAP); Telecommunications and Distance Education
(TADEO); Planetarium; and other outreach and grant programs.
The PIP Director supports the achievement of institutional purposes and educational
objectives through the management of these programs in a profitable, entrepreneurial,
market driven and outcomes-based manner. The PIP Director manages a staff of 16 and
administers programs and services with gross revenues $1.3 million. Direct reports
are the Assistant Directors of PDLLC and TADEO; Marketing Specialist; Planetarium
Coordinator; Administrative Officer, Administrative Assistant, Extension Assistant
(ELI), 3 ESL Instructors, and over 75 annually contracted instructors. The Director
reports to the Vice President Administration and Finance on all matters and to the
Senior Vice President with regard to academic matters relating to online learning
courses developed through the Center for Online Learning and credit-bearing courses
offered through PIP. [Board Resolution 12-10]
Position Narrative
Under the direction of the Senior Vice President for Academic and Student Affairs,
the Director of Research and Sponsored Programs will administer all aspects of the
Office of Research and Sponsored Programs. This Director position is a 9-month administrator
position. [Board Resolution 16-36]
Position Narrative
Under the general administrative direction of the Dean of Enrollment Management and
Student Success (EMSS), the Director of Residence Halls is responsible for the administration
and operations of the University's Residence Halls. The Director of Residence Halls
is expected to provide a welcoming and vibrant community that fosters a clean, safe,
and positive environment, enhances the student experience, and encourages students
to develop their full potential. The Director of Residence Halls will conduct staff
and student development, resident outreach, community building and attend to facilities
and the administrative operations of the Residence Halls. Functional duties are described
below and may be adapted to respond to the department's evolving needs.
This is a challenging professional position of an administrative and supervisory nature
responsible for a self-supporting activity. The Director of Residence Halls works
with wide latitude in the exercise of independent judgment and action to plan, organize,
coordinate, and direct the operations of the University Housing Office. The position
is required to work with groups of students from diverse cultural and educational
backgrounds. Monthly and annual reports of the organizational, disciplinary, instructional,
and financial activities of the University Housing Office are prepared, submitted,
and reviewed through regular meetings with the Dean of Enrollment Management and Student
Success.
Position Narrative
Under the general administrative direction of the Senior Vice President for Academic
and Student Affairs, the WERI Director is responsible for the overall administrative
duties of the unit. The Director is normally selected from among the faculty of the
unit on a triennial basis by majority vote of the faculty. The Director has faculty
retreat rights and, upon completion of his or her term and return to the faculty,
will receive the same number of step increases in the salary received as Director
would have been received prior to the appointment over time served as Director.
Position Narrative
The Executive Assistant reports directly to the President and is a member of the President's
Senior Management Team. The Executive Assistant works closely with the President in
the coordination of institutional research, strategic planning and other University-wide
initiatives. The Executive Assistant functions as the University's Ombudsperson. The
Executive Assistant is the protocol officer of the University who interacts with governmental
and other representatives. The Executive Assistant provides administrative support
to the Board of Regents and assists the Board with oversight, revision and maintenance
of the rules, regulations and procedures of the University.
Position Narrative
Under the direction of the Assistant Vice President for Graduate Studies, Research,
and Sponsored Programs (GSRSP), the Grants Officer will appropriately plan, direct
and manage the Office of Research and Sponsored Programs (ORSP) and activities to
include seeking out grant and contract opportunities for the University of Guam. The
Grants Officer will be responsible for pre-award grant writing, coordination of grant
applications (to submissions and a database) and overall grant compliance to support
the University's mission. [Board Resolution 14-29]
Position Narrative
The University of Guam (UOG) Internal Auditor reports directly to the Vice President
of Administration and Finance (VPAF) and is responsible for the development of the
University's internal audit capabilities and management of internal audit processes.
The Internal Auditor will develop processes for grants management, reporting, audits,
and compliance requirements. A significant component of the position is the assurance
of the University's compliance with grant terms. [Board Resolution 18-25]
Position Narrative
The president will be a champion of academic rigor, innovative scholarship and effective
teaching. He/she will endorse the intellectual value of non-academic programs, promoting
the idea that learning takes place in a variety of environments. The president will
serve not only as an institutional leader, but also a community leader and spokesperson.
The president will be expected to promote UOG’s visibility and reputation by demonstrating
strong leadership and personal integrity.
The president will need to ensure that current plans to reach out to adult learners,
provide educational alternatives to military personnel stationed on the island, expand
the online portfolio, and improve retention, come together to form a coherent strategy
for managing and growing enrollment. He/she will lead by example, listening and learning
from colleagues, personally setting the tone for discourse and will be an effective
steward of natural, human and financial resources.
Position Narrative
Reporting to the Chief Information Officer, the Senior (Sr) IT Manager for Infrastructure
Services and Information Security Officer will be responsible for planning, infrastructure
deployment and operations, Information Security operations, policy development, and
processes, performance measurement, and continuous improvement of the University of
Guam's IT and Information Security Infrastructure, including its on- and off-site
data centers and other computing and storage platforms and solutions. [Board Resolution
17-08]
Position Narrative
Under the general administrative direction of the President, the Senior Vice President
(SVP) will lead the academic mission of the University of Guam, demonstrate strong
leadership qualities and interact with leaders and members in the community-at-large.
The SVP is an active participant in all University strategic planning and decision-making
activities.
Position Narrative
The University Legal Counsel serves as the chief legal officer of the University whose
primary function is to advise the President and other officers on a wide range of
legal matters having legal significance to the management and operation of the University.
The University Legal Counsel will be responsible for reviewing and drafting legal
documents, and monitoring relevant federal and local statutes, administrative regulations
and court decisions. The University Legal Counsel reports directly to the President,
University of Guam.
Position Narrative
The Vice President for Administration and Finance (VPAF), reporting to the President,
is the executive officer responsible for finance, human resources, plant and facilities,
information technology, field house and athletics, bookstore and food services, safety
and security consistent with the mission, strategic initiatives, accreditation standards,
autonomy and academic freedom.
The VPAF serves as a member of the President's cabinet and supports the achievement
of institutional purposes and educational objectives through the formulation of strategic
direction with the President and vice presidents, the development and implementation
of policy, and the leadership of financial and administrative resources in a manner
that creates a sustainable environment for student learning. Institutional dimensions,
within which the VPAF operates, include: 3,900 students, gross revenues and appropriations
~$100 million (M), 830 full-time and part-time employees with personnel expenses $45M,
assets $135M, investments $20M, and 22 major buildings on 600+ acres including a main
campus and five satellite areas.
The VPAF manages a staff of over 100 and administers A and F budgets of ~$11M. Direct
reports are Comptroller, Chief Human Resources Officer (CHRO), Chief Plant and Facilities
Officer (CPFO), Chief Information Officer (CIO)/Information Technology Resource Center
Director, Research Corporation Executive Director, Associate Budget and Administrative
Processes Officer (ABAPO), Field House and Athletics Director, Triton Store and Auxiliary
Services Director, Safety Supervisor and a contracted security force. [Board Resolution
14-19].
For the purpose of this section, the term, "dismissal," shall not be interpreted to
include:
A. Actions taken by the President referenced in the section on “Resignation, Termination and Clearance”; or
B. Action taken by the President in the termination of services of an original probationary
employee.
[Click here for the Adverse Action Form]
A. Responsibility for Discipline
The President derives authority and responsibility for employee discipline under the provisions
of Title 4 GCA, Chapter 4, Sub Section 4105. The President has the responsibility to remove, suspend, or demote to another position on a fair
and equal basis, any employee in the classified service whose conduct or capacity
is such that his removal, suspension or demotion will promote the efficiency of government
service.
B. Delegation of Authority
The President may delegate responsibility for administration of day-to-day discipline to his line-management
to include such progressive discipline, as oral admonitions/counseling, letters of warning, letters of reprimands, and recommendation of adverse actions.
C. Vested Authority
The President is the only official vested with the final authority to take adverse action, including
removal, demotion, or suspension against an employee.
A. All levels of supervisory and management officials share the responsibility for
strict adherence to employee's job protection rights and considerations including:
1. Informal counseling at the first indication that an on-the-job or personal problem
is affecting the employee's job performance.
2. A reasonable opportunity for the employee to correct inadequate performance including
providing specific training to the employee to improve the level of his job performance,
or to correct unacceptable habits or practices, such as tardiness or lack of attention
to work requirements.
3. The right to reply to the notice of proposed adverse action that may result in
a suspension, demotion or dismissal.
4. The right to reply to the notice of proposed adverse action and careful consideration
of any reply; and
5. The right to appeal to the Commission as provided in the CSC Rules and Regulations Relative to Demotion, Suspension, Dismissal and Appeal of
Adverse Actions.
B. The President shall require each immediate supervisor and Unit Head and Division Manager
to receive orientation and training on the University's basic intent that discipline is a tool for correcting people in such a way as to produce satisfactory
job performance. The use of discipline in a punitive manner is inconsistent with
the University's concept of discipline as an opportunity to provide constructive correction.
A. An employee must be given the final notice and statement of the charges pursuant
to Title 4 GCA Section 4406, no later than sixty (90) days after management knew, or should have known the facts
or events which form the alleged basis for the adverse action.
B. An employee covered by the Adverse Action Procedures may be suspended for not
more than 30 workdays as the result of a single adverse action, nor may an employee
be suspended for more than a total of sixty (60) workdays in a calendar year, as the
result of multiple adverse actions taken by the University.
C. Copies of the adverse action rules and appeal procedures should be made available
upon request by the employee.
A. Suspension: The temporary removal of an employee from his position with loss
of pay as a disciplinary measure.
B. Demotion: The involuntary reduction in status of an employee for disciplinary
reasons from specific class, to a position in another class, where the maximum rate
of pay is less than the maximum rate of pay for the class which he had held, or a
reduction to a lower salary step in the same class.
C. Dismissal: The termination of an employee for authorized cause of adverse action.
D. Day: Refers to calendar day unless otherwise specified.
The President may remove an employee for such misconduct(s), which affect(s) the efficiency of
the service. The authorized causes for adverse action include, but not limited to:
A. Fraud in securing appointment.
B. Refusal or failure to perform prescribed duties and responsibilities.
C. Violation of the University’s Drug Free Workplace Policy.
D. Falsification of records, such as, but not limited to reports, time records, information
system records, leave records, employment applications, or other official University documents.
E. Insubordination, including but not limited to, resisting management's legitimate directives through actions and/or verbal exchange, or failure or refusal to follow
supervisor's legitimate instructions to perform assigned work, or otherwise failure to comply with applicable
established written policy(ies).
F. Reporting to work under the influence of, or when ability is impaired by the
use of alcohol or the unlawful use of a controlled substance.
G. Unlawful manufacture, distribution, dispensing, possession or use of controlled
substances while on the job or on the University's premises including while operating University's equipment.
H. Unauthorized absence.
I. Criminal convictions for felonies or misdemeanors that are nexus to the position while
employed, including conviction of a moving traffic violation while operating University’s
equipment.
J. Discourteous treatment of the public, customers or other employees.
K. Engaging in political activity prohibited by law.
L. Misuse or theft of government property.
M. Acts of physical violence or fighting endangering and threatening the life or
safety of customers, employees, or the public.
N. Violation of safety rules and regulations.
O. Refusal to take and subscribe to any oath or affirmation which is required by
law in connection with employment.
P. Acts prohibited by Title 4 GCA, Chapter 9, Section 9102 relating to strikes against the government.
Q. Threatening, coercing, harassing or acts of discrimination to employees, supervisor,
customers or individuals, to include sexual harassment.
R. Refusal to take physical examination to include TB test. (Classified Employees)
S. Unsatisfactory performance.
T. Other misconduct not specifically listed.
All employees in the classified service are covered by these rules, except for the
following:
A. Contract employees whose contracts are not renewed upon expiration.
B. Probationary employees serving original appointments.
C. Employees on limited-term, temporary, seasonal, intermittent, part-time, provisional,
or only for a specific project.
D. Employees who are exempt by law or other legal authority from the jurisdiction
of the Commission with regards to adverse actions.
A. These rules apply to the following adverse actions:
1. Suspension;
2. Demotion (disciplinary action);
3. Dismissal.
B. The use of any combination of the adverse actions listed for the same offense
is prohibited.
An employee against whom adverse action is sought is entitled to immediate written
notice stating any and all reasons, specifically and in detail, for the proposed action.
The written notice must make it clear that it concerns only proposed action and not
a matter already decided. A copy of the notice of proposed adverse action shall be
submitted to the Commission. A copy of such action shall be filed with the University’s Human Resources Office and Civil Service Commission. The President or
delegated management official may issue the proposed adverse action to the employee.
An employee is entitled to seek reconsideration of the proposed adverse action by
answering any charges within 10 days after receipt of the notice. The answer may be
made orally, in writing, or both. The President shall be available during the notice
period to meet with the employee at the designated date and time requested by the
employee. The President may designate a committee to hear the employee's answer.
The employee may be represented by a person of his choice. The President must consider
the employee's answers to the charges in the proposed adverse action notice. If the
employee fails to answer during the notice period, the employee's inaction shall be
construed as an answer, and the President may proceed with the adverse action upon
expiration of the notice period. The employee is not prohibited from meeting the
President during the notice period.
The entire ten (10) days for the employee to respond to the notice of proposed adverse
action must expire before a final notice of adverse action is issued.
A. An employee, against whom adverse action is proposed, must be retained in active
duty status during the notice period. However, in an emergency situation an employee
may be immediately suspended during the notice period under the following conditions:
1. The continued presence of the employee may interfere with the efficient operation
of the University, or the health or safety of the employee or others.
2. Suspension is necessary to eliminate the possibility of deliberate damage to equipment,
property, or important documents.
3. The employee's absence without authorized leave prevents the issuance of notice of
proposed adverse action and the University's attempt to contact the employee was unsuccessful.
B. Suspension under this Section is a separate adverse action and it is appealable
to the Commission within twenty (20) days of the effective date of the suspension.
A copy of the notice of immediate suspension shall be filed with the Civil Service
Commission not later than the working day next following the effective date of the
suspension.
C. If the Civil Service Commission sustains the University's action in suspending the employee during the notice period, the number of days
of suspension under this Section shall be considered part of the final disciplinary
penalty and in no case shall the final days of suspension be more than thirty (30)
workdays.
In cases requiring investigations of allegations against an employee involving misappropriation
of public funds or property, mistreatment of persons in a government institution or
acts which constitutes a crime, the department/unit head may authorize the employee
an administrative leave of absence with pay for up to twenty (20) workdays. The administrative
leave may be terminated by the President by giving the employee twenty-four (24) hours written notice.
A. An employee who is incarcerated pending disposition of a case by the court, and who
does not have accrued annual leave, may be granted leave without pay at the discretion
of the President.
B. The President shall determine whether to take adverse action against an employee so
imprisoned or take such action as he deems necessary pursuant to laws and the University's
Personnel Rules and Regulations. Nothing in this Section shall preclude the President
from taking adverse action against an employee during imprisonment or upon release.
A. An employee is entitled to written notice of the University's decision within ten (10) days after receipt of the employee's answer to the charge(s)
except as provided in the Commission's Hearing Procedures for Adverse Action Appeals,
and provided further that the President shall not issue a final decision during the notice period. The decision shall be
made by the President, shall be delivered to the employee at or before the time the action will be made
effective, except as provided in the Civil Service Commission's Hearing Procedures
for Adverse Action Appeals. The notice shall be in writing; be dated; state the specific
facts found upon which such action is based; inform the employee of his right to appeal
to the Commission; and, inform him of the time limit of twenty (20) days within which
an appeal may be submitted as provided in Section CSC-100(C) Civil Service Commission's
Hearing Procedures for Adverse Action Appeals.
B. In the event the President cannot locate the employee, the Notice of Proposed
Adverse Action and/or Notice of Final Adverse Action shall be sent, certified mail,
to the employee’s last known address.
C. Prior to the final notice of adverse action, the President may conduct an inquiry or investigation into the charges and proposed action, including
calling a meeting with the employee.
D. Copies of the final notice of adverse action shall be filed by the department/unit
with the Civil Service Commission not later than the next workday following the effective
date of the action. A copy of the final notice shall be retained by the University’s
Human Resources Office.
The Hearing Procedures for Adverse Action Appeals adopted by the Civil Service Commission
shall be applicable for all Adverse Action Appeals Proceedings.
The proposed and final notices of adverse action shall be personally served upon the
employee. In the event the President cannot locate the employee, after reasonable efforts have been made to locate the
employee, service of the proposed or final notices may be made by leaving the notice
at the employee's dwelling or usual place of abode with some person of suitable age
and discretion residing therein, or by registered mailing the notice to the employee
at the last known address. Service by registered mail is complete upon mailing.
A. The list that follows is not intended to cover every possible type of offense
affecting the efficiency of the service. Penalties for offenses not listed will be
prescribed by the President.
B. Many of the items listed on this schedule combine several offenses in one statement,
connected by the word "OR". Usage of the word “OR” in a charge makes it non-specific.
Use only the items which describe the employee's actual conduct, and leave out parts
which do not apply.
C. Penalties for disciplinary offenses will, in general, range from the minimum penalty
to the maximum indicated. In unusual circumstances, depending on the gravity of the
offense, the past record, and the position of the employee, a penalty outside the
general range maybe imposed.
D. Suspension penalties on this schedule apply to workdays and holidays.
E. Depending on the gravity of the offenses, dismissal proceedings may be instituted
against an employee for any number of offenses committed. A greater penalty may be
imposed for any offense if the circumstances justify greater penalty.
F. A reprimand is not an adverse action under these rules; a management official
need not apply the Adverse Action Procedures. The penalty of reprimand is included
in the schedule of penalty to provide certain flexibility for management's discretion
to institute progressive disciplinary action against an employee or group of employees.
G. Documents relating to reprimand(s) shall not remain in an employee's personnel
record for more than one year from date of issue.
Reprimands, Suspensions, and Dismissals Table.
|
NATURE OF OFFENSE |
FIRST OFFENSE |
SECOND OFFENSE |
|||
|
Minimum |
Maximum |
Minimum |
Maximum |
||
|
A |
Unauthorized absence. |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
B |
Falsifying attendance record for oneself or another employee. |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
C |
Leaving job to which assigned at any time during working hours without proper permission. |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
D |
Unexcused or unauthorized absence on one or more scheduled days of work or assigned overtime. |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
E |
Unexcused tardiness. |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
F |
Actual or attempted theft of government property or property of others. |
Reprimand* |
Dismissal |
Suspension |
Dismissal |
|
|
|
|
|
||
|
CONDUCT |
FIRST OFFENSE |
SECOND OFFENSE |
|||
|
|
|
Minimum |
Maximum |
Minimum |
Maximum |
|
A |
Criminal dishonest, infamous or notoriously disgraceful conduct adversely affecting the employee/ employer relationship (on duty or off duty). |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
B |
Disobedience to constituted authorities, or deliberate refusal to carry out any proper order from any supervisor having responsibility for the work of the employee; Insubordination. |
Reprimand* |
Dismissal |
Suspension |
Dismissal |
|
C |
Disorderly conduct; fighting threatening or attempting to inflict bodily injury to another; engaging in dangerous horseplay or resisting competent authority. |
Reprimand* |
Dismissal |
Suspension |
Dismissal |
|
D |
Disrespectful conduct; use of insulting, abusive, or obscene language to or about other personnel. |
Reprimand* |
Dismissal |
Suspension |
Dismissal |
|
E |
Falsification, misstatement, or concealment of material fact in connection with any official record. |
Reprimand* |
Dismissal |
Suspension |
Dismissal |
|
F |
False testimony or refusal to testify in an inquiry, investigation or other official proceeding. |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
G |
Knowingly make false or malicious statements with the intent to harm or destroy the reputation of authority, or other official standing of individuals or organizations. |
Reprimand* |
Dismissal |
Suspension |
Dismissal |
|
H |
Gambling or unlawful betting during working hours. |
Reprimand* |
Dismissal |
Suspension |
Dismissal |
|
I |
Promotion of gambling on Government premises. |
Reprimand* |
Dismissal |
Suspension |
Dismissal |
|
J |
Willful damage to Government property or the property of others. |
Reprimand* |
Dismissal |
Suspension |
Dismissal |
|
K |
Engaging in prohibited Political Activity (Appendix R) acts covered in Title 4 GCA Section 9102. |
Suspension |
Dismissal |
Dismissal |
|
|
|
|
|
|
||
|
DISCRIMINATION |
FIRST OFFENSE |
SECOND OFFENSE |
|||
|
|
|
Minimum |
Maximum |
Minimum |
Maximum |
|
A |
Discriminating against an employee or applicant because of race, color, creed, religion, age, sex, political affiliation, marital status, national origin, disability, sexual orientation or other prohibited discriminatory practices. |
Reprimand* |
Dismissal |
Suspension |
Dismissal |
|
|
|
|
|
||
|
INTOXICANTS |
FIRST OFFENSE |
SECOND OFFENSE |
|||
|
|
|
Minimum |
Maximum |
Minimum |
Maximum |
|
A |
Reporting for duty or being on duty under the influence of intoxicants, unauthorized possession of or attempting to bring intoxicants on Government premises. |
Reprimand* |
Dismissal |
Suspension |
Dismissal |
|
B |
Reporting for duty while under the influence of a narcotic or dangerous drug, or use of same on Government property or on duty. |
Reprimand* |
Dismissal |
Suspension |
Dismissal |
|
C |
Authorized sale or transfer of narcotic or dangerous drug Government or property or during duty hours. |
Reprimand* |
Dismissal |
Suspension |
Dismissal |
|
|
|
|
|
||
|
PERFORMANCE |
FIRST OFFENSE |
SECOND OFFENSE |
|||
|
|
|
Minimum |
Maximum |
Minimum |
Maximum |
|
A |
Careless workmanship resulting in spoilage or waste of materials or delay in production. |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
B |
Covering up or attempting to conceal defective work; removing or destroying same without permission. |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
C |
Failure or delay in carrying out orders, work assignments or instructions of superiors. |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
D |
Loafing, wasting time, or in-attention to duty. |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
E |
Sleeping on duty where life or property is endangered. |
Reprimand* |
Dismissal |
Suspension |
Dismissal |
|
F |
Unauthorized use or possession of, loss of or damage to Government property or the property of others. |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
SAFETY |
FIRST OFFENSE |
SECOND OFFENSE |
|||
|
|
|
Minimum |
Maximum |
Minimum |
Maximum |
|
A |
Failure to observe precautions for personal safety posted rules, signs, written or oral safety instructions, or to use protective clothing or equipment. |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
B |
Violation of safety regulations which endangers life or property. |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
C |
Endangering the safety of or causing injury to personnel through carelessness. |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
D |
Failure to observe no smoking regulations or carrying matches in restricted areas. |
Reprimand* |
Suspension |
Suspension |
Dismissal |
|
E |
Violating traffic regulations, reckless driving on government premises, or improper operation of government motor vehicles. |
Reprimand* |
Dismissal |
Suspension |
Dismissal |
Note: *A reprimand is not an adverse action under these rules; a managerial official
need not apply the Adverse Action Procedure. The penalty of reprimand is included
in the schedule to institute a progressive disciplinary action against an employee
or group of employees. Reprimands shall not remain in an employee’s personnel record
for more than one (1) year.
In accordance with the Americans with Disabilities Act (ADA) of 1990 and the Rehabilitation
Act of 1973, the University does not discriminate against students and applicants
on the basis of disability in the administration of its educational and other programs.
The University will reasonably accommodate individuals with disabilities, as defined
by applicable law, if the individual is otherwise qualified to meet the fundamental
requirements and aspects of the program of the University, without undue hardship
to the University. Harassment on the basis of disability issues is prohibited.
The policy applies to all faculty, staff, administrators, supervisors, employees, and applicants for employment with the University.
Disability-based harassment is prohibited by the policy for Equal Employment Opportunity
and Non-Discrimination/Non-Harassment, a copy of which is on the University website.
All complaints of such harassment should be presented using that policy and in the
event of any questions, please contact the Institutional Compliance Officer at (671)
735-2244/2971 or (671) 735-2243 (TTY).
The policy applies to all faculty, staff, administrators, supervisors, employees, and applicants for employment with the University.
This policy is maintained by the EEO/ADA and TITLE IX Office. The EEO/ADA and TITLE
IX Office and Director, EEO and Title IX/ADA Coordinator will review this policy on
at least an biannual basis, with the assistance of an advisory group consisting of
faculty, staff, and may include community representatives selected by senior leadership
of that office. The review will capture evolving legal requirements, evaluate the
supports and resources available to the parties, and assess the effectiveness of the
accommodative process.
Individual with a disability is a person who: (a) has a physical or mental impairment which substantially limits
one or more major life activities (such as walking, seeing, speaking, learning, or
working); or (b) has a record with the University by which the University has in fact
recognized the individual as having such impairment.
Qualified employee or applicant is an individual with a disability as defined by this policy and applicable law,
who has the skills, experience, education and other job-related requirements necessary
for the position; and is able to perform the essential functions of the job with or without a reasonable accommodation.
Accommodations means “any change that will assist a disabled person in doing a job.”
The University will provide reasonable accommodations to qualified individuals with
disabilities, including both applicants and employees, unless doing so would cause
an undue hardship.
Feedback
University staff and students may provide feedback about this document by emailing
eeo-ada@triton.uog.edu
An employee or applicant who requires an accommodation, aid or assistance measure
(hereinafter called “accommodations”), and who believes s/he is qualified under the
University’s policy, should contact the Director, EEO and Title IX/ADA Coordinator
at (671) 735-2971 or (671) 735-2243 (TTY).
An employee or applicant who seeks an accommodation should first contact the ADA Coordinator.
Employees/Applicants must meet with the Director, EEO & Title IX/ADA Coordinator to
identify needs and discuss accommodations. University request forms for accommodation
will be provided. Documentation is necessary to establish a disability and the need
for accommodations.
"Generally, it is the responsibility of the employee to inform the employer that an
accommodation is needed."
Complete Employee Request Form (6 questions, Healthcare Provider Verification) and
submit to EEO Office.
Meeting with Employee and Unit Administrator.
Letter for Accommodations or Denial Notice.
Employee Request for Disability Accommodation and Services Form
An individual appointed in an “acting” capacity serves in the absence of a permanent
appointee whereas one appointed in an “interim” role serves through a period between
permanent appointees.
The President shall determine whether an appointment is "acting" or "interim."
In “acting” appointments, an individual is charged with the duties of another because
that original person is prevented – whether by suspension from office or incapacitation
(as in an illness, accident, or absence) – from executing their responsibilities.
1. When an authority (President, Vice President, Administration and Finance, or
Senior Vice President, Academic and Student Affairs) has received notification that
an administrator under their supervision is prevented from executing their responsibilities,
the authority shall draft a memorandum designating a named individual to an “acting
capacity.”
a. The memorandum will state the employee’s name and their position title of the
individual to be on leave, the anticipated time frame, and the employee that will
be designated to an “acting capacity” during the stated effective time frame.
b. If no date of return is foreseeable the authority may determine the “acting
capacity” to be in effect “until further notice.”
2. The authority will route the memorandum to the Business Office for certification
of funds only if the appointment period will be greater than 30 calendar days.
3. The authority shall route the memorandum to the President for approval or disapproval.
a. Once approved, the memorandum may be routed to the Human Resources Office for
record purposes regardless of effective time frame of the “acting capacity” appointment.
b. If the President has disapproved the request, seek advice and begin the process
anew if necessary.
4. An acting administrator shall continue to be paid a salary at the same rate
that was received prior to such acting appointment for the first thirty (30) calendar
days.
a. After thirty (30) calendar days, compensation shall be retroactive to the first day
of the “acting” appointment.
b. An “acting capacity” administrator shall be compensated at the salary as determined
by section (C) below.
c. The Human Resources Office will prepare a personnel action for the “acting capacity”
appointment after thirty (30) calendar days and retroactive to the first day of the
“acting capacity” appointment.
A full-time Faculty member who chooses to accept an administrative position in an
acting capacity (without going through the formal search process). Absent extraordinary
circumstances, if an Administrator takes leave of four (4) weeks or less, Faculty
shall not serve as the short-term acting Administrator.
A Faculty member choosing to accept a position as an acting Administrator retains
his or her status as a Faculty member for a maximum period of one (1) year (365 consecutive
calendar days) only for the purpose of applying for promotion or tenure. This time
period as an acting Administrator shall count towards satisfying time in rank/employment
requirements for promotion or tenure. In all other aspects, that individual shall
be considered an Administrator.
[Board of Regents/Faculty Union negotiated agreement (2013)]
In the case of “interim” appointments, the person is temporarily filling the vacancy
caused by the creation of a necessary position not previously held or a resignation
or permanent removal of an employee pending the filling of the vacancy with a permanent
appointee.
1. The authority shall draft a memorandum requesting a named individual to an
“interim” position.
a. The memorandum will include the name of the individual, program/college, account
number(s), position title, type of position, effective start and end date, salary
in annum, hours to work, and benefits covered.
b. An interim position is subject to an employment period of one (1) year, with
the option of renewal upon annual evaluation by the direct supervisor.
c. The memorandum is to be routed through the appropriate authorities for approval
or certification beginning with the Dean of the program/college, Business Office for
certification of funds, Chief Human Resources Officer, the hiring authority, and the
President.
2. Once approved by the President, the memorandum may be returned to Human Resources
Office for the processing of a personnel action.
a. If the President has disapproved the request, seek advice and begin the process
anew if necessary.
3. An interim administrator shall be compensated at the salary as determined by
section (C) below immediately upon appointment to the interim position by the President.
1. A nine-month (9) faculty member so appointed shall be paid at the salary level
of the administrative position that is equal to the first quartile (Q1) of the Administrative
Salary Scale or the sum of his or her equivalent twelve-month faculty salary, plus
a two-increment salary increase, whichever is greater. Accrual of prorated annual
leave may begin if the acting appointment extends beyond thirty (30) calendar days,
or immediately in the case of an interim appointment.
2. A twelve-month (12) faculty member shall be paid at the salary level of the
administrative position that is equal to the first quartile (Q1) of the Administrative
Salary Scale or the sum of his or her twelve-month salary plus a two-increment salary
increase, whichever is greater and shall continue to accrue annual leave.
3. An administrator who accepts a higher administrative position in an acting
or interim capacity shall be paid at the salary level of the administrative position
that is equal to the first quartile (Q1) of the Board-approved Administrative Salary
Scale or the sum of his or her administrative twelve-month salary plus a two-increment
salary increase, whichever is greater, and shall continue to accrue annual leave.
a. The salary approved by the president for both the acting and interim administrators
will be based on the current University of Guam’s Board-approved Administrator’s Salary
Scale. In the absence of an approved pay range for an interim appointee within the
most current UOG BOR-approved Administrator Salary Scale, an ad hoc pay range will
be established based on the appropriate Administrative Compensation Survey by College
and University Professional Association for Human Resources from which the current
UOG Administrator’s Salary Scale was based. Along this vein, where an adjusted BOR-approved
Administrator Salary Scale is based on a new reference, that reference will be used
instead to determine the ad hoc pay range. [Board Resolution 13-25]
4. The “acting” or “interim” appointee’s evaluation date and salary increase shall
be based on their primary position.
5. Upon termination of the acting or interim appointment, the faculty or administrator
shall resume his or her regular appointed faculty or administrative position and the
salary thereof and all merit increases earned during the period of the acting or interim
appointment.
A person who is appointed to an administrative position, and who is a current faculty
member of the University, shall retain his or her faculty rank during the time that
he or she serves in the administrative capacity to which he or she is appointed. The
only exception will be a case where discontinuation of faculty status is one of the
agreed upon conditions of the administrative appointment.
Upon completion of the administrative service period, a person who is terminated for
reasons other than “cause” shall have retreat rights to faculty status, in a capacity
mutually acceptable to the individual and to the institution’s management. Upon completion
of his or her administrative service and return to faculty position, the faculty member
will receive the number of step increases in the salary received prior to the administrative
appointment that would have been received over the period of time the faculty member
has served as administrator. If the administrative service period is longer than
ten (10) years, the President may, at his discretion, allow a faculty member who was
serving as an Associate Professor or Assistant Professor to be slotted in as a Professor.
A person who has served in a full-time administrative capacity shall have the right
to request and obtain an extension of the time within which tenure must be obtained.
This is in recognition of the fact that in his or her administrative capacity a person
may not have had sufficient opportunity to engage significantly in endeavors required
for tenure eligibility. The time extension granted will not exceed the time spent
as an administrator.
This Section establishes the fundamental character of the system of personnel administration
governed by these rules and regulations, consistent with the merit principles and
the principles of equal employment opportunity; provisions of Title 4 of the Guam
Code Annotated (GCA); and other paramount laws pertaining to the employment of classified
employees at the University of Guam.
A. These rules shall apply to all employees occupying classified positions employed
by the University of Guam, hereinafter referred to as "University."
B. Unclassified or non-classified employees occupying positions at the University
are not governed by these rules and regulations, unless otherwise identified. Furthermore,
Academic Personnel are not covered by these rules pursuant to Title 17 GCA Chapter
16 Section 16113.
C. These rules and regulations may be supplemented by administrative policies and
procedures established by the President of the University.
The following merit system principles shall guide personnel administration:
A. Recruiting, selecting applicants and advancing employees on the basis of their
knowledge, abilities, and skills;
B. Providing a uniform compensation policy pursuant to Title 4 GCA Chapter 6 Section
6201;
C. Training employees to improve performance;
D. Retaining employees based on their performance;
E. Classifying positions systematically through job evaluation; and
F. Providing fair, expedient and responsive processes for grievance, adverse action,
and conflict resolution.
Employment in the classified service is subject to the availability of funds, except
where
otherwise specified.
A. The University is an Equal Employment Opportunity Employer and Provider. It
is the policy of the University that there shall be no discrimination in employment
against any person on the basis of race, color, religion, age, sex, political affiliation,
marital status, national origin, disability, or sexual orientation, except for bona
fide occupational qualifications or legal requirements. Employees should refer to
the University’s EEO/ADA & Title IX Office for further information.
B. Pursuant to Title 4 GCA, Chapter 4, Section 4701, sex discrimination includes
Sexual Harassment. Sexual harassment is a specific form of prohibited harassment
which occurs when an individual’s behavior constitutes (1) unwelcome sexual advances,
or (2) unwelcome requests for sexual favors, or (3) other unwelcome verbal or physical
behavior of a sexual nature where:
1. Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment, or
2. Submission to, or rejection of, such conduct by an individual is used as a basis
for employment decisions affecting the individual’s welfare, or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's
welfare, academic, residential life or work performance, or creates an intimidating,
hostile, or offensive educational, living or work environment at the University.
C. The University shall implement Equal Employment Opportunity (EEO) programs pursuant
to the guidelines of Federal and Local Statutes.
D. The EEO program calls for positive results-oriented action toward equal opportunity.
Affirmative efforts will be made by the President to assure equal opportunity in employment
and to assure non-discrimination in programs and activities offered and/or conducted
by the University.
E. For this EEO program to become a management objective, all levels of management
which includes the first line supervisors, will continue to be trained in the legal
requirements of equal employment opportunity.
Any penalty imposed on any employee for violation of these rules shall be in accordance
with applicable rules, regulations, and statutes.
Pursuant to Title 1 GCA, Chapter 7, Section 715, words used in the masculine gender
include the feminine.
A. In the event any rule or regulation is in conflict with statute, the statute shall
prevail.
B. In the event that any rule or regulation is amended or repealed explicitly by
a public law, the new law shall prevail.
If any part of the Personnel Rules and Regulations are held inorganic then the remaining
Personnel Rules and Regulations shall continue in force and effect.
This policy sets forth the responsibilities of the President as defined in Title 17
GCA Section 16108 in the implementation of the University of Guam Charter; Title 4
GCA; these Personnel Rules and Regulations; and other laws.
President – Shall mean the President of the University of Guam pursuant to Title 17
GCA Chapter 16 Section 16110.
Board of Regents – Shall mean Board of Regents of the University of Guam pursuant
to Title 17 GCA Chapter 16 Section 16104.
Commission – Shall mean the Civil Service Commission of the Government of Guam pursuant
to Title 4 GCA Chapter 4 Article 4 Section 4401.
Unit Heads and Division Managers – Shall mean Vice Presidents, Deans, and Directors
of the University of Guam pursuant to Title 17 GCA Chapter 16 Section 16108.
Immediate Supervisor – Shall mean one who supervises the work of employees to include
approval of leave requests and performance evaluations pursuant to Title 17 GCA Chapter
16 Section 16108.
A. The University of Guam Charter, the provisions of Title 4 GCA and Title 17 GCA
Division 3 and these rules and regulations, and other applicable statutes shall control
the administration of classified personnel within the University.
B. The President shall:
1. Be responsible for the implementation and enforcement of these Personnel Rules
and Regulations and all other applicable statutes pursuant to Title 17 GCA Chapter
16 Section 16110.
2. Advise the Board of Regents and employees on policies and procedures concerning
personnel management matters pursuant to Title 17 GCA Chapter 16 Section 16110.
3. Maintain an adequate monitoring system to ensure statutes, executive orders,
rules, regulations, and standards relating to personnel management are properly carried
out. Whenever the review with established policies, rules, regulations, and standards
reveal that there have been infractions, the President shall take such affirmative
resolution as may be appropriate to obtain compliance pursuant to Title 17 GCA Chapter
16 Section 16108.
4. Develop and promulgate policies, rules, regulations, and standards to promote
the efficiency of services pursuant to Title 17 GCA Chapter 16 Section 16110.
All classified employees are expected to maintain the highest standards of conduct
to ensure that University services are properly performed consistent with the mission
of the institution.
A. Public service is a public trust. Employees are expected to follow/adhere to
the U.S. Constitution, the Organic Act of Guam, and to perform their duties and responsibilities
ethically and in accordance with laws.
B. Employees shall put forth honest effort in the performance of their duties.
C. Employees shall be courteous and helpful to employees, students, and members of
the public.
D. Employees shall respect supervisory authority and follow legitimate supervisory
instructions.
E. Pursuant to Title 4 GCA Chapter 15 Article 2 Section 15205 employees shall not
hold financial interests in any organization and/or business where there is potential
conflict with their duties and position held.
F. Pursuant to Title 4 GCA Chapter 15 Article 2 Section 15203 employees shall not
engage in financial transactions using confidential, private or non-public information
or allow the improper use of such information to further any private interest.
G. Pursuant to Title 4 GCA Chapter 15 Article 2 Section 15201 employees shall not,
except as permitted by statute or regulation, solicit or accept directly or indirectly
any gift or other item of monetary value greater than $200.00 from any person or entity
seeking official action from, doing business with, or conducting activities regulated
by the University or government, to include persons whose interests may be substantially
affected by the performance or non-performance of the employee's duties, or that of
the University.
H. Pursuant to Title 17 GCA Chapter 3 Section 3103.1 employees shall not knowingly
make unauthorized commitments or promises of any kind purporting to bind the University.
I. Pursuant to Title 5 GCA Chapter 5 Section 5626 employees shall not use public
office for private gain.
J. Employee shall protect and conserve University and shall not use it for other
than authorized activities.
K. Pursuant to Title 4 GCA Chapter 15 Article 2 Section 15205 employees shall not
engage in unauthorized outside employment or activities, including seeking or negotiating
for employment that conflict with official University or government duties and responsibilities.
L. Employees shall, in good faith, disclose waste and abuse and corruption to the
President and in doing so shall be protected from reprisal.
M. Employees shall respect the rights and privacy of other employees and shall not
use their position, authority or other means, to injure another person or employee
for personal reasons or malicious purposes.
N. Pursuant to U.S. Public Law 100-690 and Title 10 GCA Chapter 75 employees shall
refrain from unlawful use of drugs and alcohol while on University grounds and off-campus
facilities. Drugs shall mean those identified in the Drug-Free Workplace Policy (DFWP)
as approved by the Board of Regents found in Chapter 15 and Appendix A.
O. Pursuant to Title 10 GCA Chapter 90 Section 90106 employees will adhere to the
tobacco free policy on campus.
All persons employed by the University or accepting employment with the University
shall subscribe and certify to the prescribed loyalty oath. This oath may be administered
by the President, or the employees designated by him at the time of employment processing.
Failure to take such oath, or certifying falsely to such oath, shall be cause for
disciplinary action, dismissal or rescission of employment offer.
A. Spouses and persons within the first degree of relation, such as, brother/sister
or parent/child, may not be employed with the University in a direct supervisor-subordinate
relationship in the classified or unclassified service. Exception to this rule may
be made when it is in the best interest of the University and upon the approval of
the President.
B. Pursuant to Title 4 GCA Chapter 4 Article 2 Section 4105(d)(2) no spouse of any
Unit Head and Division Managers within the University may be employed in a college
/ unit headed by such person.
C. Pursuant to Title 4 GCA Chapter 4 Article 2 Section 4104 whenever there are already
two or more members of an immediate family in the public service under the University,
no other members of such family shall be eligible for appointment to any such division;
provided, however, that such prohibition shall not apply to employees in the medical,
paramedical field. As used in this Section, “immediate family” means a collective
body of persons living together in the same house.
A. No person who is convicted of a felony concerning family violence (not a misdemeanor)
after August 14, 1998, is eligible to hold a managerial or supervisory position. (Title
4 GCA Section 4203.2)
B. No person convicted of a sex offense under the provisions of Title 9 GCA Chapter
25 or an offense in any jurisdiction which includes, at a minimum, all of the elements
of said offenses, or who is listed on the Sex Offender Registry shall work for the
University. (Title 4 GCA, Chapter 4, Section 4203.3)
C. The University shall not request that a police or a court clearance be provided
as part of the application for employment; however, upon a conditional offer, the
University may request an employee provide evidence as to any pending criminal cases
or criminal history. (Title 22 GCA, Chapter 6)
D. The University shall not make an inquiry about, or require the disclosure of,
an applicant’s arrest record or criminal cases which resulted in dismissal, expungement,
sealing, or did not result in a conviction. (Title 22 GCA, Chapter 6)
Electronic forms of communication, e-mail, and Internet use have become an efficient,
fast, and cost-effective method of communication that has many advantages over printed
communication. Because of the importance of this type of communication, e-mail is
considered one of the official forms of communication at the University. University
confidential information must not be shared outside of the University, without authorization,
at any time.
Telephones, computers, voice mail, email, and Internet usage assigned to an employee
are solely for the purpose of conducting University business. Some require access
to the Internet and the use of software. Software needed, in addition to the Microsoft
Office suite of products, must be authorized by the Department/Unit Head and downloaded
by the Office of Information Technology staff. Only employees appropriately authorized,
for University purposes, may use the Internet or access hardware, software, and networks.
Subject to any violation of University’s IT Policy, this policy and procedure is subject
to disciplinary action as noted on Rule 11.402.
University confidential information must not be shared outside of the University,
without authorization, at any time. The University owns any and all communication
sent via email or that is stored on University equipment. The Unit Heads and Division
Managers, and other authorized staff have the right to access any material in the
employee’s email or on his computer at any time. Electronic communication, storage,
or access should not be considered private if it is created or stored at work.
This policy implements a system of recruitment and selection of University classified
employees in accordance with the merit system principles and Equal Employment Opportunity
guidelines.
A. Recruitment of persons for employment in the classified service within the University
shall be accomplished consistent with the merit principles of recruiting, selecting
applicants, and advancing employees on the basis of their relative knowledge, abilities
and skill.
B. A person may be employed in the classified service contingent upon the availability
of a grant, federal program or federal funds. An appointment in the classified service
may be commensurate with the duration of a grant, federal grant, federal program or
federal funds including renewals and extensions (Title 4 GCA, Chapter 4, Subsections
4103 (g)).
C. A person may be employed in a professional level position in the classified service
for a specific project or program. An appointment in the classified service may be
commensurate with the duration of a specific project or program (Title 4 GCA, Chapter
4, Subsection 4103 (h)).
A. No person shall be appointed to, or employed in, or paid for service in any classified
position until that position has been established, funded, and allocated to its proper
class. No person shall be allowed to begin work before such person submits an employment
application, is placed on the eligibility list as "eligible" for the position applied
for, and is certified, selected, and processed under University competitive examination.
This applies to all initial and promotional appointments. Exception to the establishment
and certification requirement may be made for transfers, demotions, and reinstatement
immediately after active military service and temporary appointments consistent with
these rules.
B. Competitive examinations shall also apply to the following:
1. Demotion to a position with Known Promotion Potential (KPP) per section 4.505
within a class series;
2. Transfer to a position with KPP per section 4.501 within a class series;
3. Reinstatement or reemployment to a position with KPP per section 4.502 and 4.503
within a class series;
4. Appointment to a position with KPP within a class series.
C. All employees and applicants selected and offered employment with the University
must have a test for tuberculosis (skin or x-ray) performed and found free of communicable
diseases by a physician licensed to practice within a state or territory of the United
States prior to starting employment and annually thereafter. For retirement purposes,
physical examinations must be done within sixty (60) days from hire date (Title 10
GCA, Chapter 25, Section 25103).
D. Applicants selected for and offered employment with the University shall undergo
and pass a mandatory Drug test and examination before hire date. Failure to submit
to, or pass such Drug test and shall be grounds for rescinding the offer of employment,
unless the applicant is undergoing treatment through a rehabilitation program approved
or recognized by the Department of Mental Health and Substance Abuse, in which case
the applicant must successfully complete the program within the prescribed time before
being employed.
Employees selected for Testing Designated Positions (TDP) will be tested as provided
in ______location______.
All expenses incurred shall be borne by the applicant or employee pursuant to these
provisions. As used in this Section, “applicant” refers to those individuals who
are applying for initial employment within the University, promotion/transfer/demotion
from other Government of Guam agencies and reemployment/reinstatement.
All initial and promotional appointments to University positions shall be made through
certifications from eligibility lists resulting from competitive examinations and
for selections covered under the Merit Career Plan and Preferential Hiring for Scholarship
Recipients (Title 4 GCA, Chapter 4, Section 4104.1).
The order listed below shall be followed in the use of the eligibility lists, and
the President shall be limited to selection from the top five (5) or ten (10) Labor/Custodial
found on these lists the order of precedence herewith established with the exception
of Preferential Hiring for Scholarship Recipients (Title 4 GCA, Chapter 4, Section
4104.1):
A. All qualified Student Financial Assistance Program (SFAP) recipients shall be
certified ahead of all other qualified applicants on an eligibility list. Certifying
with other qualified applicants is prohibited.
B. University-wide
1. Priority Placement/Lay-off Reinstatement List
2. Promotional List
C. Government-wide or Open
1. Preferential/Priority Placement/Lay-off Reinstatement Lists
2. Reemployment List
3. Promotional List/Open Competitive List
A. Whenever there is a need to establish a list of eligibles, the Chief Human Resources
Officer shall publish and disseminate announcements of recruitment and examination
on a University-wide, Government-wide and/or Open competitive basis, and shall cause
such announcements to be posted throughout the University, government of Guam instrumentalities,
departments and agencies. Other methods of announcing examinations may be used at
the discretion of the Chief Human Resources Officer so as to better disseminate information
to the employees and the public.
1. University-wide competitive examinations shall be held to allow all interested
and qualified permanent status employees occupying classified positions within the
University the opportunity to compete for vacant positions.
2. Government-wide or open competitive examinations may be held when, in the judgment
of the Chief Human Resources Officer, there are insufficient number of qualified applicants
within the University for adequate competition and flexibility of selection. The
Chief Human Resources Officer shall determine the need for open competitive announcements.
B. Open competitive examinations may be re-announced when the Chief Human Resources
Officer determines that there are less than five (5) / ten (10) -Labor/Custodial individuals
meeting the qualifications for the class.
C. The President may request for certification of eligibles even if there are less
than five (5) /ten (10) – Labor/Custodial on the eligibility listing.
The Chief Human Resources Officer shall establish and maintain distribution lists
of public and private agencies or groups, by occupation or other appropriate categories,
to which appropriate examination announcements or other information regarding prospective
examinations shall be uploaded onto the University’s Human Resources website and further
dissemination to prospective applicants on the Guam Department of Labor website.
Each recruitment and examination announcement for an original appointment or promotion
shall contain the title of the class, applicable pay grade, selective certification
when applicable, character of duties and responsibilities and illustrative sample
of duties to be performed, closing date and place for filing applications, minimum
qualifications for entry into the position, and other information deemed necessary
by the Chief Human Resources Officer. Appointments other than from an eligibility
list, for example by transfer, demotion, or reinstatement shall be bound by the minimum
qualification requirements.
A. Job announcements shall be posted for a minimum of ten (10) working days.
B. The Human Resources Office may post job announcements on a continuous basis.
Notice of the final closing of an announcement shall be sent to the original distribution
list at least five (5) days prior to the final closing date for receipt of applications.
C. The Human Resources Office may extend the period for receipt of applications.
Announcement of an extension shall be disseminated to the original distribution list
for posting.
A. The Human Resources Office shall prescribe a form to be used by applicants, which
shall require information covering experience, training, and other pertinent data,
indicated as being necessary in the examination announcement. Applications shall
be signed and the truth of all statements therein certified to by such signature.
B. No one may make any pre-employment inquiry about a disability or about the nature
or severity of a disability on application forms, job interviews, or in background
or reference checks (Title 29 Code of Federal Regulations, Chapter 14, Section 1630.13(a)).
C. Medical information received on an employee as a result of an employment requirement
shall be filed separate and apart from the employee's active personnel records.
A. Applications for competitive examinations shall be accepted during the filing
period specified in the examination announcement. All applications submitted shall
be date stamped to indicate the date received by the Human Resources Office.
B. Applications submitted online by midnight Chamorro Standard Time of the announced
last day for filing applications in order to be accepted.
C. Late applications for competitive examinations may be accepted if the examination
has not been administered and an eligibility list established subject to the approval
of the Chief Human Resources Officer. The reasons for such acceptance shall be duly
documented.
A. An eligibility list shall be established within sixty (60) business days after
the closing date of the position announcement. Failure to establish an eligibility
list within sixty (60) business days of the closing date will require that the position
be re-announced with a new closing date and that all applications previously received
shall be re-stamped and re-accepted to coincide with the new announcement period.
B. The closing date of the announcement shall be the ending date to credit the job
applicant's education, experience and training for the position applied for. For
continuous job announcements, the ending date to credit the job applicant's education,
experience and training shall be the date of application.
The Human Resources Office shall not be required to accept applications or, after
acceptance and evaluation, establish an applicant as eligible on an eligibility list
or allow an applicant admission to an examination when any of the following conditions
exists:
A. Conviction of a crime within seven years from date of application, which bears
a nexus to the position applied for, unless otherwise required by statute.
B. Refusal or failure to furnish documents required verifying any statements made
in the application.
C. Intentional false statements, deception or fraud omission in the application process.
D. Failure to attest to the accuracy of information presented on the application.
E. Failure to submit an application within the announcement period, with exception
of Rules 4.106B and 4.106C.
F. Evidence that the applicant has been removed from his position within the University,
other Government departments or agencies, or otherwise for reasons, which would render
him, unsatisfactory for the position and for the class for which he is applying.
When any such finding is made, the Chief Human Resources Officer shall reject the
application and notify the applicant of such action.
A. A rejected applicant shall be notified promptly of such action and reasons for
rejection within ten (10) workdays of the rejection.
B. Whenever an application has been rejected prior to a scheduled examination (assembled),
notice thereof, with the reason or reasons for such rejection, ample time shall be
given to permit the applicant to respond in writing, or to amend an incomplete or
defective application at least three days before the date of the examination. If sufficient
time is not available for this purpose, the applicant may be admitted to the examination
with the condition that the applicant shall not be certified as eligible until all
the established requirements for eligibility are met.
A. Competitive examinations shall be held for original appointments and promotions
and shall be job-related in nature and designed to reveal the capacity and fitness
of the applicant to satisfactorily perform the characteristic duties of the class
or position for which the examination is held.
B. Any accepted personnel examining technique may be used, including a verification
and evaluation of education, training and experience, tests of skill, knowledge, ability,
intelligence or aptitude, medical examinations, appraisals of personal suitability,
and any other matters that the Chief Human Resources Officer deems appropriate.
C. All examinations shall be either or both:
1. Assembled, wherein the applicants assemble in a designated place at a specific
time to take written, oral or performance tests pertinent to the position(s) sought;
or
2. Unassembled, wherein interested persons responding to an examination announcement,
submit to designated places and by designated times, their records of education, training,
experience and such other information as requested in the announcement be evaluated
and rated by a qualified analyst or by a board of rating examiners.
A. The examination may consist, in various combinations, of selection criteria such
as work sample and performance tests, written tests, individual or group oral examinations,
assessment center exams, medical examinations, rating of training and experience and
background and reference.
B. An applicant for any examination must pass all parts of that examination with
a minimum of 70.00 in order to qualify for appointment to a position.
A. The minimum requirement of a high school diploma or a successful completion of
a General Educational Development (GED) Test, or any equivalent of a general education
high school program, to include the “Onra I Manfayi” program (Title 17 GCA, Chapter
3, Section 3219), or a successful completion of a certification program from a recognized
accredited or certified vocational technical institution, in a specialized field shall
be required for the job (Title 4 GCA, Chapter 4 Section 4101(c) and Public Law 29-113).
B. If education and experience form a part of the total examination, the Chief Human
Resources Officer shall determine a procedure for the evaluation of the education
and experience qualifications of the various applicants. The criteria used in appraisal
shall give regard to recency and quality, as well as, quantity of experience and to
the pertinence of the education. This procedure shall allow for the substitution of
the education for experience and experience for education within the limits stated
in the class standards.
Tests for each examination shall be developed and validated in compliance with EEO
objectives and merit system principles, and in accordance with professionally approved
validation strategies, such as, content, criterion related or construct validation
where it is technically feasible.
Persons submitting applications during the period specified in the examination announcement
shall be admitted to compete in the examination provided that it is clearly shown
that requirement for admission is met. Where doubt exists as to whether or not the
applicant meets the minimum requirements for admission to the examination, the Chief
Human Resources Officer may authorize conditional admission. Such action shall not
be construed as entitling the applicant to certification or appointment until the
Chief Human Resources Officer has confirmed such conditional admission. Persons admitted
to take an examination must provide a valid document verifying their identity.
A. Examinations shall be held at the time and place which is most practical and
meets the need of the service, and shall be administered by an authorized representative
designated by the President or hiring authority.
B. If an assembled examination is to be administered, qualified applicants shall
be notified of the date, time and place of the examination. The Chief Human Resources
Officer shall not be responsible if a notice is lost or delayed in the mail, or sent
to an applicant's former address through failure of the applicant to inform the University
of any change of address.
C. No applicant shall be entitled to take an examination at a date, time or place
other than that stated in his notification, except as the Chief Human Resources Officer
may authorize.
D. All applicants for examinations involving physical ability or performance tests
shall be required to sign a waiver of liability.
E. Reasonable precautions shall be taken to protect the confidentiality of information
about applicants.
F. Applicants with disabilities shall be given reasonable accommodation in the administration
of tests, if so requested in advance of the date of the test.
A. For announcements having a specific closing date, and closed announcements, an
examination shall not be administered until after the closing date and until such
time all applications have been evaluated. Applicants applying under a closed announcement
may take the required examination only once and only one eligibility list established.
B. For continuous announcements, the following provisions shall prevail:
1. No examination shall be administered until ten (10) workdays after the date of
the announcement.
2. Candidates who fail an examination may retake the same examination after thirty
(30) days have elapsed. Exception to this rule may apply when the Human Resources
Office has certified that there are less than five (5) eligibles for each vacancy
in a given class of position.
3. An applicant who has passed all parts of an examination for a particular position
and who requests to retake the examination for the purpose of upgrading his final
earned rating, may retake the examination provided that thirty (30) days have elapsed
since his last examination, and provided the announcement has not been closed. The
higher score shall be used to determine the final earned rating.
4. When a closing date is announced, a final eligibility list shall be established
and no examinations shall be administered thereafter.
A. Appropriate psychometrics and measurement techniques and procedures shall be
used in evaluating the results of examinations, and in determining the minimum rating
by which eligibility may be achieved, and the relative rank of candidates.
B. The Human Resources Office shall set the minimum ratings for each part of an
examination. All candidates shall be required to obtain the set minimum passing score
for each part of the examination in order to proceed to each successive test. In
order to receive a final passing rating, the final earned rating of each applicant
shall be determined by combining the earned rating of each part of the examination
in accordance with the weights established for each part.
Each applicant who participates in an examination shall be given written notice, in
person or by mail, of his examination results. The record of ratings, as well as,
examination papers, shall be held as official records for the life of the resulting
eligibility lists.
The Chief Human Resources Officer shall, upon request of a candidate, authorize such
candidate to inspect his own written examination papers, within thirty (30) days of
the date of examination and in the presence of an authorized representative except
that when a candidate is scheduled to retake the same examination, inspection shall
not be allowed more than five workdays prior to the examination date. The privilege
of inspection shall not be deemed to include authorization to copy examination papers,
or to inspect or to copy examination instructions, questions, or answers.
An applicant may request administrative review of his rating assigned in an examination
by submitting to the Chief Human Resources Officer, in writing, information to substantiate
his request within ten (10) workdays following the date his examination notice was
postmarked. The applicant has the burden of proof and must demonstrate substantial
evidence that there was an error on the rating assignment given on his application.
Certification of Eligibles is authorized only after the administrative review period
has elapsed. Unless the Chief Human Resources Officer determines that a delay in the
services will hamper the operations of a division, Certification of Eligibles is authorized
only after the administrative review period has elapsed.
A. Changes in rating may be made as a result of a discovery of errors in the rating
or scoring process, or as a result of an administrative review wherein the facts warrant
a change.
B. Rating errors may be corrected throughout the life of the eligibility list.
C. Any such changes shall be reported to the applicants affected.
D. Changes in rating that generally will not affect a certification already issued,
or invalidate an appointment already made from the eligibility list.
A. Examination ratings are good only for the life of the eligibility list and shall
not be carried over to a new eligibility list for the same position after a period
of one (1) year or as deemed appropriate by the Chief Human Resources Officer.
B. Exceptions to this rule shall also apply when minimum qualifications are amended
or when written, oral or performance examinations are likewise amended. In this event,
the existing eligibility list will be invalidated and candidates must take and pass
any and all new examinations, both assembled and unassembled, in order to remain eligible
for certification.
Examination questions shall, at all times, be maintained under conditions affording
maximum security. All precautions to safeguard the confidential nature of examination
materials shall be taken. No information concerning the nature of the tests shall
be divulged to any person prior to the examination. Disclosure of unauthorized release
of examination material by any employee shall be the basis for disciplinary action.
A. The review of test materials shall not be permitted due to the continuing use
of the examination materials prepared by the Human Resources Office. Exposure would
jeopardize the confidentiality of the examination questions.
B. All examination materials relating to a particular applicant or applicants including,
but not limited to rating scores, reports of character and material regarding personal
suitability of the applicant, shall be considered confidential material. Such examination
material shall be maintained for a period of one year from date the eligibility list
was established or as deemed appropriate by the Chief Human Resources Officer.
Special arrangement for examination on a non-competitive basis, upon reallocation
of position and for employment of labor or custodial personnel, may be made by the
President subject to the limitations which follows:
A. Non-competitive Examinations
The Chief Human Resources Officer may authorize non-competitive examinations under
the following conditions:
1. No more than one person applies who meets the minimum qualification requirements.
2. Examination given is to test the fitness of an employee who has a permanent appointment
and who seeks transfer to a position in a class in the same pay grade, but which requires
a skill not required in the present classification. However, the provisions of the
Merit Career Plan shall apply to a transfer to a position with Known Promotion Potential
(KPP) as per section 4.505.
3. The examination is to test an employee who has a permanent appointment in a position,
which has been reallocated to a class requiring a new skill.
4. When a permanent position is to be filled by a temporary appointment.
5. To facilitate the employment of qualified persons with disabilities consistent
with provisions of law and these rules.
6. Examination given is to test the fitness of a permanent employee who has been
previously selected under an announcement for a position with Known Promotional Potential
(KPP) per section 4.505 and who is promoted to a higher-grade position.
B. Labor/Custodial Positions
Examinations of applicants for entry level labor/custodial positions shall be governed
by the following regulations:
1. Each applicant for these classes shall, prior to appointment, qualify by examination,
which shall consist of completing an application form. The Chief Human Resources
Officer shall certify the names of the ten (10) top applicants in order of their rating.
2. Notwithstanding the limitation of this rule, the Chief Human Resources Officer
may at any time prescribe such additional tests for applicants in these classes, as
he shall deem practical and feasible to assure equitable consideration of all applicants.
C. Appointment of Qualified Individuals with Disabilities
1. The University shall employ at least two percent of the work force with severe
disabilities and certified by the Division of Vocational Rehabilitation of the Department
of Integrated Services for Individual with Disabilities. Such employment shall be
on a temporary limited-term appointment not to exceed a total of six months regardless
of whether the position being filled is budgeted as temporary or permanent (Title
17 GCA, Chapter 4, Chapter 41, Section 41210(b))
2. All such individuals with disabilities shall possess the qualifications for the
position to which appointed. Eligibility lists shall be developed for the various
positions for which individuals with disabilities are certified.
3. Nothing contained in this section shall be construed to deter or prevent the
President from employing:
a. Individuals with disabilities when available and eligible for permanent employment.
b. Individuals with disabilities employed pursuant to Rule 4.216.C.2 above, if such
persons qualify for permanent employment before the termination of their temporary
appointment.
c. If such individual is appointed pursuant to this section to a permanent position
during or immediately after the six-month period, such six (6) months or portion thereof
shall be credited toward such employee's probationary period.
d. Appointment of individuals with disabilities to permanent positions must be consistent
with the merit system requirements. In this exception, if the immediate supervisor
determines satisfactory performance either prior to, or after the expiration of the
six (6) months appointment, the position occupied by the person with a disability(ies)
may be converted to permanent employment by the President.
Residents of Guam who have physical or mental disabilities, but are physically or
mentally able to perform efficiently and safely the duties of the position applied
for, as certified by the Director of Public Health and Social Services, shall receive
a preferential credit of five (points which shall be added to their passing examination
score for initial appointment only. The preference credit does not apply to subsequent
applications for employment in the government after separation (Title 4 GCA, Chapter
4, Section 4104).
Veterans of the Armed Forces of the United States, or former members of the Guam Police
Combat Patrol, as certified by the Chief of Police, shall receive a preferential credit
of five (5) points which shall be added to their passing competitive score upon initial
employment only. Such veterans, or former members who are disabled as a result of
their services in the Armed Forces or Combat Patrol, shall receive a preferential
credit of ten (10) points which shall be added to their passing competitive scores
upon initial employment only. The preference credit does not apply to subsequent
applications for employment in the government after separation (Title 4 GCA, Chapter
4, Section 4104).
Persons claiming veteran's status must submit their DD Form 214, Armed Forces of the
United States Report of Transfer or Discharge. A person must have completed at least
180 consecutive days of service in the Armed Forces of the United States and must
have received other than a dishonorable discharge from such service to be eligible
for veteran's preference (Title 4 GCA, Chapter 2, Section 2103.5).
When two applicants are equally qualified for the position to be filled and one is
a recipient, pursuant to Rule 4.301 or 4.302, while the other is not, the former shall
be given the first offer of position.
Residents of Guam who have completed their post-secondary education assisted by the
award of educational scholarships or loans from the government of Guam, shall be given
preference to jobs for which they have applied and are qualified as certified by the
University’s Director of Financial Aid. Such preference shall be applicable only in
selection for initial employment. The preference does not apply to subsequent applications
for employment after separation or after an initial job offer is declined. All qualified
applicants shall be certified ahead of all eligibles on the eligibility list pursuant
to this rule (Title 4 GCA Section 4104.1).
Employees shall be selected from among the eligibles on appropriate eligibility lists,
established and maintained by the Human Resources Office, except those employees who
are demoted, transferred within the University, or reinstated. Within the limitations
found elsewhere in these rules, qualified applicants shall be placed on eligibility
lists as a result of examinations. When more than one competitive examination is
announced simultaneously for a particular class, an appropriate eligibility list shall
be established for each competitive for that class.
Names of candidates shall be placed on the eligibility lists in rank order of qualifying
scores after appropriate examination. This list shall be designated as an "Eligibility
List" for that class of position. After the Human Resources Office has approved the
eligibility list, it shall then be considered "established".
After each examination, the Chief Human Resources Officer shall prepare a list of
persons with passing scores. The names of such persons shall be placed on eligibility
lists in order of their final earned rating, starting with the highest.
Final earned ratings shall be calculated in two decimal places and ranked from highest
to lowest. When, upon certification of eligibles in accordance with Rule “Certification
of Eligibles from a Multiple List” a tie score occurs, such tied scores shall not
be broken and all such eligibles shall be certified as being the fifth (5th)/tenth
(10th) - entry level labor/custodial eligible.
An eligible on a University-wide, Government-wide, or open competitive eligibility
list, shall have eligibility for employment consideration until a selection is made
or as deemed appropriate by the Chief Human Resources Officer for one (1) year from
the establishment date of the eligibility list or as deemed by the Chief Human Resources
Officer.
University-wide competitive lists shall be established consistent with Rules 4.402
and 4.403 and selections shall be made in accordance with the Merit Career Plan.
Government-wide competitive lists shall be established consistent with Rules 4.402,
4.403, 4.404 and 4.405 and selections shall be made in accordance with the Merit Career
Plan.
Open competitive eligibility lists shall be established consistent with Rules 4.402,
4.403, 4.404 and 4.40
Certification of eligibles shall consist of five (5)/ ten (10) for entry level labor/custodial
positions or such fewer eligibles as may be available for the class. Eligibles shall
be certified in the order that they appear on the eligible list provided that:
A. All eligibles who are recipients of a scholarship pursuant to Rule 4.305 shall
be provided priority certification ahead of other eligibles.
B. Eligibles with reemployment rights shall be accorded priority certification if
there are no eligibiles pursuant to A. above.
C. When the fifth (5TH)/tenth (10th) - entry level labor/custodial eligible to be
certified is one of two or more eligibles who have identical examination scores, such
two or more eligibles shall be certified notwithstanding the fact that more than five
(5)/ ten (10) persons are thereby certified to fill a vacancy.
D. For unskilled entry level labor and custodial positions, the top ten (10) eligibles
on the eligibility list shall be certified.
E. In the event one or more eligibles decline or fail to respond to an employment
interview, the President shall be entitled to such additional eligibles as would provide
him with a full certification. (Refer to Rule 4.412, Supplemental Certification.)
F. If the Unit Head and Division Manager reject one (1) or more of the eligibles
certified, they shall submit in writing to the President the reasons for rejection.
If the rejections are within the confines of the Merit System Principles, the Unit
Head and Division Manager shall be entitled to such additional eligibles as would
provide them with a full certification. The Chief Human Resources Officer shall ascertain
the validity of the rejections before providing additional qualified eligiblies. (Refer
to Rule 4.412, Supplemental Certification.)
G. A certification of eligibles shall be effective for no more than thirty (30) days
after the date of certification, unless extended by the Chief Human Resources Officer.
After eligibility lists are established for a particular job announcement with multiple
competitive examinations, the Chief Human Resources Officer may certify in one of
three ways:
Certify, in accordance with Rules 4.409, 4.411, 4.412 and 4.413 from each list in
the following order: University-wide, Government-wide, and Open. Each list must be
exhausted in accordance with these rules before certification from the next list will
be authorized.
A. For more than one vacancy, the Chief Human Resources Officer shall certify an
additional eligible for each additional vacancy with the exception of preferential
hiring of qualified scholarship recipients pursuant to Rule 4.305.
B. When the last eligible to be referred is one (1) of two (2) or more eligibles
who have identical examination scores such two (2) or more eligibles shall also be
certified.
C. For example, when certification is made for two (2) vacancies, certification of
eligibles will appear as follows:
All qualified scholarship recipients pursuant to Rule 4.305
· First Ranked Eligible
· Second Ranked Eligible
· Third Ranked Eligible
· Fourth Ranked Eligible
· Fifth Ranked Eligible
· Sixth Ranked Eligible
The President shall make their selections according to the following:
1. The President must select from the qualified applicant(s) of scholarship recipients
pursuant to Rule 4.305.
2. The President may select two (2) persons from the six (6) certified to fill two
(2) vacancies.
3. Should the President decide to fill only one (1) of two (2) vacancies to be filled,
he shall be restricted to select from the first five (5) eligibles on the certification
and may not select the sixth (6th) ranked eligible.
4. Should an additional vacancy exist and certification was not made for such vacancy,
the President may not select from among the six (6) eligible to fill the third (3rd)
vacancy. They must request an additional eligible and then make the selection for
the third (3rd) vacancy from among the seven certified eligibles.
5. If the President does not wish to select any of the eligibles certified, they
must document the reasons for non-selection of each eligible, before a new certification
is authorized.
The Chief Human Resources Officer may submit a supplemental certification of eligibles
to provide the President a full certification.
A. The supplemental certification may be used only upon failure to appear for an
interview, refusal of appointment by eligibles, or the rejection of eligibles by the
President.
B. The additional eligibles to be certified shall be of such number that will provide
the President with a full certification.
C. The Human Resources Office shall contact eligibles in descending order to ascertain
their interest in the vacant position. If the last eligible contacted is one (1)
of two (2) or more eligibles with identical examination scores, such two (2) or more
eligibles shall also be contacted.
A. Upon approval of the Chief Human Resources Officer, selective certification may
be made when specific identifiable qualifications and skills are essential to successful
performance of the duties and responsibilities of the position. The factors shall
pertain to knowledge, abilities and skills pertinent to certain program operations
when these qualifications and skills cannot be readily acquired after appointment.
As a standard for determining qualifications on a selective factor basis applicants
must have at least six (6) months of work experience in the particular selective knowledge,
ability and skill or the equivalent in education.
B. Selective certification may also be made which specifies a Bona Fide Occupational
Qualification Requirement (BFOQ) when justified. For example, certification based
on sex is a BFOQ when duties and responsibilities involve certain institutional or
custodial services, which can be properly performed only by a member of the same sex
for the recipient of the services.
C. All selective certifications must be indicated on the proper job announcement
and be job-related.
A. The Chief Human Resources Officer shall establish procedures for interviewing
certified eligibles for selection.
B. Within thirty (30) calendar days from the date of the interview a selection must
be made and must include administrative review.
C. Within thirty (30) calendar days from the date a selection is made, the Chief
Human Resources Officer shall notify, in writing, all eligibles certified as to whether
they were selected or not.
A. The Chief Human Resources Officer may suspend or remove an eligible from an Eligibility
List for any of the following reasons:
1. Refusal of an offer of permanent employment in the class of position for which
eligibility has been established;
2. Failure to reply within fifteen (15) calendar days to a written inquiry relative
to availability for employment;
3. Appointment to a permanent position for the class;
4. Failure to report to work within the prescribed time provided a legitimate reason
beyond the control of the applicant such as death in the immediate family, serious
illness or other extenuating circumstances is approved by the President;
5. In the case of University-wide or Government-wide lists, termination of service
with the Government;
6. When further investigation of eligible's suitability needs to be conducted;
7. Withdrawal by the eligible;
8. Findings of deception and fraud in the employment process;
9. Conviction of a crime, which bears a nexus to the position applied;
10. Advocates, aids or belongs to any party, organization or association which advocates
the overthrow of the government of Guam or United States;
11. Refuses or ignores the requirement to take a Drug test and a physical examination
to include the TB test, without cause; or the verified Drug test or physical examination
to include the TB test, result is found to be positive; and the applicant is not participating
in a rehabilitation or medical treatment program.
In the event that the eligible has already received an appointment, the President
shall take appropriate action to ensure the termination of the employee.
An eligible who is disqualified pursuant to Rule 4.415B shall be notified in writing
of such action and the reasons of disqualification within ten (10) workdays of the
action.
The Chief Human Resources Officer may cancel an eligibility list for any of the following
reasons:
A. Changes in the minimum qualifications or classification standards of a class
of position;
B. Abolishment of the class for which the list of eligibles was established;
C. All eligibles on the list are unavailable for employment.
The eligibility list shall be null and void after one (1) year from date of establishment
or as
deemed appropriate by the Chief Human Resources Officer.
A. Transfer Defined
A transfer is defined as a change from one position to another position of the same
class, or a change to a related position in another class, which carries the same
pay grade and substantially the same qualification requirements as determined by the
Chief Human Resources Officer.
B. Involuntary Transfer
1. No employee may be involuntarily transferred to a position, which is unrelated
with respect to duties and responsibilities to the position occupied by the employee
before the transfer.
2. No employee shall be transferred if the employee has filed a viable grievance
with the Civil Service Commission for harassment, unless the employee consents to
such transfer (Public Law 34-42, Chapter 12, Section 10(a)(3)).
3. No employee shall be transferred for reporting or exposing bad business practices,
illegal activities and unofficial conduct by public or University officials, (Title
4 GCA, Chapter 4, Section 4504.1).
4. No employee shall be involuntarily transferred into a line department or agency
of the government of Guam without his consent.
C. Intra-departmental and Inter-departmental
Upon the approval of the President, employees may transfer within the University when
all of the following conditions are met:
1. The employee meets the minimum qualification including any assembled examination
requirements.
2. Movement is within the same class of position or from one class of position to
another class of position having comparable duties and responsibilities and qualification
requirements.
Any such transfer shall require the clearance of the President and the consent of
the employee. The employee shall give the releasing unit reasonable notice of the
transfer. Prior approval of the transfer is not required by the releasing unit or
agency. The releasing unit or department/agency cannot require the employee to resign.
Any employee affected by this section shall not have affected adversely his government
service, retirement credits, sick or annual leave and other fringe benefits normally
granted to an employee of the Government.
D. Inter-Governmental
The transfer of an employee of any Federal, State or other local government to the
University may be made when the following conditions are met:
1. The position requires highly developed skills and technical abilities as determined
by the Chief Human Resources Officer;
2. The employee meets the minimum qualification requirements for the position, including
any assembled examination requirements;
3. The President approves.
A permanent classified employee who separated from the University through resignation
while in good standing may be eligible for reemployment without competition to the
same or comparable position within the University within four years from the date
of separation if such position is unfilled and funded. The employee shall submit
an official notice of intent to return to work to the Chief Human Resources Officer.
For reemployment, the Chief Human Resources Officer must determine that the person
has met the current minimum qualification requirements for the class to which reemployment
are requested. A reemployed employee may be hired at not less than the salary earned
at the former position. Per section 6.006, Reemployment appointments are subject to
the certification procedures as described in these rules. Former employees covered
by this rule shall not be affected by the Merit Career Plan requirements.
In accordance with the Uniform Services Employment Reemployment Act (USERRA) (Appendix C), to be entitled to reinstatement rights at the University, a veteran must meet the
following requirements:
A. Leave a classified position at the University for the purpose of entering the Armed
Forces, voluntarily or involuntarily;
B. Have completed his original probationary period;
C. Serve for not more than four years plus any involuntary service thereafter, plus a
one (1) year additional voluntary extension of active duty, if this is at the request
and for the convenience of the Federal Government;
D. Satisfactorily completed the period of active duty and has a certificate of discharge
under honorable conditions;
E. Be qualified to perform the duties of his position. If the employee is disabled during
military service and cannot perform the duties of his former position, the employee
may be entitled to the nearest comparable job he is qualified to perform;
F. Prior to enlistment in the Armed Forces, the employee must have submitted a military
leave without pay request to the President for approval accompanied with a copy of
the military orders or other appropriate documents authorizing such duty;
G. Make timely application for reinstatement within ninety (90) days after discharge
from military service.
Upon meeting the foregoing requirements, the veteran employee shall be entitled to
reinstatement to his previous position or its equivalent, in the step within his former
pay, to which such employee would have attained before military service as per section
6.006. In the event, the veteran employee's former position is reallocated to a higher
or lower pay grade, appropriate pay adjustments shall be made. An employee on military
leave without pay forfeits his reinstatement rights if he re-enlists or voluntarily
extends the original tour of active duty, except as authorized in Rule 4.503 C above.
Voluntary demotion may be made when the following conditions are met:
A. The employee meets the minimum qualification requirements of the position to which
he seeks movement, including any assembled examination requirements;
B. The employee to be demoted is a permanent employee and the movement is from a position
in which he last held a permanent appointment;
C. Such demotion shall require the prior approval of the President with the consent of
the employee;
D. Movement is to a lower grade position within the same class series or from one class
to another class of position provided that the employee is returning to a former permanent
position or to a position within a former class series.
A. Promotions without competition may be made where at an earlier date, an employee was
selected under an announcement (competitive examination) for a position with Known
Promotion Potential (KPP) and the employee is now to be promoted to the higher-level
position (Title 4 GCA Section 6229.13), provided the employee:
1. Has completed the probationary period in the position he currently holds;
2. Meets the minimum qualifications of the higher-grade position including any assembled
examination requirements; and
3. Meets management's developmental criteria guidelines for advancement to the higher-grade
position.
B. The types of KPP are:
1. KPP within a class or related class series not to exceed the highest non-supervisory
level position within the series.
2. KPP within a class series up to the supervisory position within the series (first
line), provided the KPP position is no more than two levels below the supervisory
position.
(NOTE: Organizational charts shall be utilized, to determine the position for KPP.)
C. To be eligible for promotion without competition when the position is upgraded under
these conditions, an employee must continue to perform the same basic functions; and
his former position must be absorbed in the new one. When an additional position is
created, or when the new position is not a clear successor to the former position,
non-competitive promotion is not authorized, and the provisions of the Merit Career
Plan must be complied with.
A. A detail is a temporary assignment to meet management needs of an employee to another
position or to a group of specific duties and responsibilities for a specified period
with the employee returning to his regular duties at the end of the detail. A position
is not filled by a detail if the employee continues to be the incumbent of the position
from which he is detailed, and his salary during the detail does not change. For
details to unbudgeted positions, the President must provide to the Chief Human Resources
Officer a position description and justification for such detail (Title 4 GCA, Chapter
4, Section 4117).
B. Details shall be made only for meeting temporary needs of the University's programs,
such as, but not limited to:
1. Details to meet emergencies or urgent needs occasioned by abnormal workload, change
in organization, or unanticipated absences: or
2. Pending description and formal classification of a new position; or
3. To replace an incumbent who is undergoing training.
C. All details in excess of thirty (30) calendar days must be documented and submitted
to the Chief Human Resources Officer prior to the effective date of the detail for
approval. No personnel action shall be transacted unless proper documentation is
provided.
D. An employee shall not be detailed while serving a probationary period.
E. No employee shall be temporarily assigned or detailed to a position nor, shall the
employee assume the duties and responsibilities of a position other than the one to
which he has been appointed for a period in excess of ninety (90) days within a calendar
year, unless the President obtains an exemption upon written application to the Civil
Service Commission. Such exemption shall not extend beyond the additional ninety
(90) days within that calendar year. No exception shall be granted to the ninety
(90) day detail limitation except upon express approval of the Civil Service Commission.
F. An employee in the unclassified position, or an individual employed under a contract
will not be detailed to a position in the classified service.
G. Nothing in this regulation is intended to infringe on management's prerogatives in
day-to-day operational activities which may occasionally require that an employee
be assigned, for brief periods up to thirty (30) calendar days, work normally performed
by another employee.
H. Employees serving on a detail in excess of thirty (30) consecutive calendar days in
a position having a higher pay grade than his regular position, shall receive a retroactive
payment differential in accordance with Rule 6.008 provided, the detail appointment
is consistent with classification principles as determined by the President.
I. Employees serving a detail in excess of thirty (30) calendar days in a position having
a lower pay grade shall not have their pay adjusted to the lower pay.
J. An employee may not be detailed beyond ninety (90) calendar days to any classified
position, unless the employee has met all of the qualification requirements of the
position.
K. A classified employee who is temporarily detailed to an unclassified or Academic position
must follow the rules provided herein.
A permanent appointment is granted to an employee after successfully completing a
probationary period in the permanent position as per section 4.602.
A. Probationary Period
The probationary period shall be utilized as fully as possible to determine the fitness
of the employee for the position.
B. Original Probationary Period
An original probationary period shall be required when an individual who has not obtained
permanent status is appointed a permanent position. This also applies to former employees
who have not been employed in the University service after four (4) years of separation
in good standing.
C. Duration of Probationary Period
1. Original probationary periods will be for six (6) months, except that service as a
result of the six (6) months employment program provided for placement of persons
with severe disabilities may be credited consistent with statute. Employees holding
classified positions under temporary employment or limited term appointment, who are
subsequently appointed to the same position in the same unit under a permanent appointment,
shall be credited for time served towards their probationary period under temporary
appointment provided they received the temporary or limited term appointment through
a competitive process. Those who have not been appointed through a competitive process
shall compete for the position in order for the time served in the position to be
credited to the probationary period.
2. In entry-level trainee positions, the probationary period may be established at not
more than twelve (12) months, upon the approval of the President
3. The President may extend an original probationary period not to exceed a total of
(12) months. Written notice of the extension shall be given to the employee by the
President prior to the expiration of the probationary period.
D. Discontinuance of a Probationary Appointment
If the employee fails to render satisfactory service during the original probationary
period, the President may dismiss him provided he has served a probationary period
of at least three (3) months. The President shall submit a recommendation for dismissal,
together with the employee's performance evaluation report, to the Chief Human Resources
Officer. The dismissal notice shall indicate the effective date of the action. Failure
by the President to submit a probationary letter to the employee prior to the expiration
of the established end date of the probationary period does not grant him permanent
status.
Employees dismissed while completing an original probationary period may appeal the
dismissal only if the employee alleges that the dismissal was discriminatory based
on race, color, creed, religion, age, sex, political affiliation, marital status,
national origin, disability or sexual orientation. Submission of such appeals shall
be in accordance with the EEO Complaint Procedures (Appendix D) adopted by Board of Regents.
A. Limited-Term Appointments for Classified, Unclassified and Non-Classified
1. Limited-term appointments may be made to fill temporary vacancies in permanent positions,
where there are no eligibles or an insufficient number of eligibles for that particular
position.
2. Where limited-term appointments are proper, the appointments shall not be made until
the Chief Human Resources Officer certifies that the candidate has qualified for the
position.
3. Limited-term appointments are for a specified period not to exceed one (1) year unless
authorized by the President and subject to availability of funds.
4. Limited-term appointments may be made without competition except that any person appointed
on a limited-term basis must meet all qualification requirements including any assembled
examinations.
5. Limited-term appointments are unclassified appointments and may be terminated at any
time prior to the expiration of the term of employment.
6. Employees appointed on a limited-term basis may be given the usual employee benefits,
as approved by the President and subject to the availability of funds.
7. Limited-term employees do not serve a probationary period.
B. 120-Day Appointments
Temporary appointments shall be consistent with the provisions of Title 4 GCA, Chapter
4, Sections 4102 and 4103 as follows:
1. A person may not be temporarily employed in a non-professional capacity for more than
120 workdays or 960 hours in any calendar year.
2. A person may not be temporarily employed in a professional capacity for more than
120 workdays or 960 hours except, upon a contract in writing and a determination in
writing by the President that such employment is critical to either the public health,
safety or welfare of the community. (A person is employed as a professional if the
person's job description in the Dictionary of Occupational Titles published by the
U.S. Department of Labor, has as its first digit zero or one. Any person whose job
description does not have as its first digit zero or one shall be deemed to be a non-professional
employee.)
3. The following provisions shall apply to appointments made consistent with Sub-rules
1 and 2 above:
a. A classified employee who fills a temporary classified or unclassified position has
classified employment status absent other controlling legislation.
b. A newly hired employee who fills a temporary classified or unclassified position has
unclassified employment status.
c. Such temporary appointments shall be made without competition, except that any person
appointed on a temporary basis must meet the minimum qualification requirements and
satisfy all examination requirements for the position as determined by the Chief Human
Resources Officer prior to appointment.
d. A person appointed on a temporary basis shall not perform the duties and responsibilities
of a position other than that to which he was appointed.
A. Contracts shall not be used as a substitute for merit system employment. The University
will not contract for personnel services, which normally are performed by classified
employees under the merit system unless every effort has been exhausted to recruit
on-island. Such effort must be documented to prove there was lack of qualified individual
on-island.
B. Contracts for personnel services may be used only when the use of a contract is in
accordance with all legal provisions, including the merit system, laws, and rules.
C. All contracts after approval by the President shall be submitted to the University’s
Legal Counsel for review and approval. All contracts of whatever nature shall be
executed upon the approval of the President
D. Factors to be considered which could provide an adequate justification for using contracts
with individuals for services include:
1. Emergency short-term (less than two (2) months) normally exempt from competitive appointment
methods;
2. Part-time professional work;
3. Inability of the University's merit personnel system to provide qualified employees;
4. A contract for expert consultation services not available in the University, when
full-time employment is not needed or practical, or when the need is intermittent
or for a short period of time. Such an expert might provide views or recommendations,
but would not perform or supervise the performance of any of the University's functions;
5. Part-time services of a medical, dental, legal, or other professional specialists;
and
6. Contract with an individual to produce an identifiable work product.
The President may employ during the vacation period between school years, at a rate
not exceeding the minimum wage specified any applicable Federal or Guam law, students
of the various public or private schools in Guam who are at least sixteen (16) years
of age, provided that such employment may not exceed eight hours in one day and five
days in one week and that such employment may not be of a hazardous nature or in any
way injurious to, or endangering the student. Students employed under the University
under this section shall not be eligible for retirement, sick, or annual leave benefits,
and except as may be specifically provided therein, the personnel rules shall not
apply to such employment, provided, however, that such employment shall be considered
as employment for purposes of the Worker’s Compensation Act, pursuant to Title 4 GCA,
Chapter 4, Section 4112 and the availability of funds.
Step 1 of the Pay Grade assigned to a classified position shall be the regular rate
for initial employment; however, provided that the President may with the approval
of the Board of Regents, authorize initial employment at a higher step not to exceed
Step 10, if such action is warranted by recruitment difficulties or exceptional qualifications.
The petition shall be posted upon the approval of the President on the University’s
website for ten (10) days (except for Saturdays, Sundays and government of Guam holidays).
The petition to the Board of Regents shall be made before an applicant is hired (Title
4 GCA, Chapter 6, Section 6205).
A. The Chief Human Resources Officer or his designee must complete Section 2 of the Form
I-9; Employment Eligibility Verification (Appendix E) by examining evidence of identity
and employment eligibility within three (3) business days of the date employment begins.
B. If the employee is authorized to work, but is unable to present the required document(s)
within three (3) business days, he must present a receipt for the application of the
document(s) within three (3) business days and the actual document(s) within ninety
(90) days.
C. If the employee is hired for a duration of less than three business days, Section
2 of the Employment Eligibility Verification, Form I-9, must be completed at the time
employment begins.
D. The Human Resources Office must record:
1. Document title
2. Issuing authority
3. Document number
4. Expiration date, if any
5. The date employment begins
E. The Chief Human Resources Officer or his designee must sign and date the certification.
F. The employee must present original documents.
G. The Human Resources Office may, but is not required to, photocopy the document(s)
presented. These photocopies may only be used for the verification process and must
be retained with the Form I-9. However, the Chief Human Resources Officer or his
designee is still responsible for completing the Form I-9.
It shall be the policy of the University to promote favorable relations between management
and its employees by resolving complaints expeditiously; prevent similar complaints;
assure fair and equitable treatment of all employees; and promote harmonious working
relationships among all levels of employees (Title 4 GCA, Chapter 10, Article 5).
The President shall develop procedures outlining the responsibilities and steps to
be followed by employees in the presentation of an informal or formal grievance. All
levels of management shall carefully and promptly respond to an employee's grievance
and shall be guided by these procedures.
The regulations in this Chapter shall apply to all permanent classified employees.
A grievance is any question or complaint filed by a permanent employee alleging that
there has been a misinterpretation, misapplication or violation of a personnel statute,
rule, regulation, written policy which directly affects the employee in the performance
of his official duties; or that he has received prejudicial, unfair, arbitrary, capricious
treatment in his working conditions or work relationships.
The time frames will serve as guide and may be extended or shortened on concurrence
of the parties involved.
Grievances may include, but are not limited to, such actions as employee-supervisor
relationships, duty assignments not related to job classification, shift and job location
assignments, hours worked, working facilities and conditions, policies for granting
leave, and other related matters.
The following actions are not covered by these grievance procedures:
A. Disqualification of an applicant;
B. Disqualification of an eligible;
C. Examination ratings;
D. Removal during original probationary period;
E. Appeals from classification determinations;
F. Appeals of adverse personnel actions;
G. Allegations or complaints of discrimination; and
H. Appeals of performance evaluations.
These procedures are also not applicable when the employee is in a unit covered by
an exclusive recognition, as an employee organization, which has negotiated grievance
procedures for that unit. When negotiated procedures exist, they shall be the exclusive
procedures available to public employees in the unit for settlement or group grievances.
When an aggrieved employee submits a written allegation of discrimination on grounds
of race, color, creed, religion, age, sex, political affiliation, marital status,
national origin, disability or sexual orientation in connection with a matter which
is subject to the University's grievance procedures, as well as the EEO Discrimination
Complaint Procedures, that allegation shall be processed under the EEO Discrimination
Complaint Procedures.
A. An employee and his representative shall be free to use the grievance system without
restraint, interference, coercion, discrimination, or reprisal.
B. An employee, whether acting in an official capacity for the University, or on any
other basis, must not interfere with, or attempt to interfere with, another employee's
exercise of his rights under the grievance system. To be fully effective, the spirit
as well as the letter of this non-interference requirement must be enforced. It is
not enough for an official to abstain from overt threats or interference. He should
refrain from making any statement or taking any action, which has the appearance or
even the flavor of a threat, interference, or intimidation.
An employee's status during each procedural level shall be status quo.
All levels of management will provide an opportunity for an employee to communicate
with and seek advice from:
A. The University’s Human Resources Office;
B. The EEO Coordinator or Counselor; or
C. A supervisory or management official of higher rank than the employee's immediate
supervisor.
A. An employee has the right to present a grievance without representation.
B. An employee has the right to present a grievance with representation.
1. An employee has the right to be accompanied, represented, and advised by a representative
of his choice at any stage of the grievance proceedings.
2. An employee may change his representative, but to do so, he must notify his immediate
supervisor and the President of the change in writing.
3. A person chosen by the employee must be willing to represent him.
A. An employee must be given a reasonable amount of official time to present his grievance
if he is otherwise in an active duty status.
B. An employee's representative, if he is an employee of the government of Guam and is
otherwise in an active duty status, must be given a reasonable amount of official
time to present the grievance.
C. There is no requirement that the official time for the presentation include time for
investigation or preparation, or that it includes travel expense or per diem travel
allowance or consultation with private attorney.
A. An employee who has filed a grievance may terminate the grievance at any time.
B. Failure on the part of the employee to proceed to a higher step of the grievance procedure
within the time period specified will terminate the grievance.
A. It shall be the responsibility of management to settle grievances fairly and promptly
at, or near the organizational level where the employee brought the grievance to their
attention.
B. Failure by management to render a decision to the employee within the allotted time
at any step constitutes denial; the employee may then proceed to the next step of
the grievance procedures.
An employee's grievance may or may not be objectively justified. What is important
is that the grievance is real to the employee. When the grievance is well founded,
management official has both a duty and a need to eliminate the cause. When the grievance
is not well founded, it is equally important to reach an understanding based on the
full facts. Therefore, the informal procedure should assure consideration of every
employee's grievance with a degree of promptness, sympathy, understanding, fairness,
competence, and authority that convinces the employee he has been treated fairly.
The informal procedures should be as simple as possible consonant with bona fide consideration
of grievances. It should encourage settlement of matters at the lowest possible administrative
level in the shortest possible time and should not, therefore, require any written
explanation from the employee. The employee may present his grievance under the informal
procedures, either orally or in writing, and he should not be prevented from submitting
a written explanation if he desires.
A. Normal day-to-day discussions between employees and supervisors regarding working
conditions and related employment matters are the most constructive and expeditious
means of developing and enhancing favorable and effective work relationships.
B. Each employee of the University has the right to present matters to his supervisor,
and each supervisor has the obligation to act promptly and upon them, seeking advice
and assistance of others when necessary.
A. Each employee is expected to make a concerted effort to achieve informal settlement
of his grievance. He should promptly bring his grievance to the attention of the
appropriate supervisory level.
B. Tolling Period: In counting the number of days for each step, if the last day of the
period falls on a weekend, the filing time or receipt time falls on the next working
day.
A. Initiation by Employee
In keeping with the personal nature of matters covered by grievance procedures, only
employees can initiate grievances, singly or jointly. They may not be initiated by
employee organizations. Employee organizations may be permitted to present a grievance
on behalf of an employee or a group of employees when requested to do so by the employee
or employees.
B. Time Limit
1. An employee may present a grievance to his immediate supervisor concerning a continuing
practice or condition at any time. Grievances concerning a particular act or occurrence
must be presented within fifteen (15) calendar days of that action or occurrence.
2. The immediate supervisor shall render a decision within ten (10) calendar days of
the presentation of the grievance.
C. Form of the Grievance
An employee may present a grievance under the informal procedure either orally or
in writing.
D. Non-rejection Provision
A grievance may not be rejected in the informal procedure for any reason.
If the grievance is not timely or consists of a matter not covered under the grievance
system, the employee should be so advised, but he must be allowed to submit his grievance
under the formal procedures if he insists.
E. Mandatory Use of the Informal Procedure
An employee must complete the informal procedure before the University may accept
from him a grievance concerning the same matter under the formal procedure.
A. An employee is entitled to present a grievance under the formal procedure if:
1. He has completed the informal procedure; and
2. The grievance is not satisfactorily resolved at the informal level; and
3. The immediate supervisor failed to render a decision within ten (10) calendar days
of the presentation of the grievance at the informal level.
B. The grievance presented in Step 2 must:
1. Be in writing on a form prescribed by the Chief Human Resources Officer;
2. Contain sufficient detail to identify and clarify the basis for the grievance;
3. Specify the remedy requested by the employee or the appropriate supervisory level;
and
4. Be submitted to the President who is the next higher supervisor than the immediate
supervisor within five (5) calendar days after receipt of the answer in Step 1 or
after the answer was due.
A. The next higher supervisor must determine whether the grievance is timely, is
covered by the grievance procedures, and has been processed through the informal procedure.
B. The next higher supervisor shall make a positive attempt to resolve the grievance.
He shall render a decision, in writing, to the employee within five (5) calendar days
of receipt of the written grievance.
An employee is entitled to present a grievance under Step 3 if:
A. He has completed Step 2 of the procedures; and
B. The grievance is not satisfactorily resolved at Step 2 level; or
C. Specify the remedy requested by the employee; and
D. Be submitted to the President within five (5) calendar days after receipt of the answer
in Step 2 or after the answer was due.
A. Appointment of Committee
Within three (3) calendar days of receipt of the written grievance from the employee,
the President shall appoint a Grievance Committee to investigate the circumstances
of the grievance and to make a recommendation as to its disposition.
B. Committee Membership
The Committee shall consist of five (5) members who are permanent government employees
of agencies other than the University; two (2) members from the employee's peer group
and three (3) members who are permanent employees at the managerial level.
C. Responsibility of the Committee
The Committee must determine whether the grievance is timely, is covered by the grievance
procedures, and has been processed through the informal procedure.
D. Committee Inquiry
The Committee shall be expected to convene and initiate a grievance inquiry appropriate
to the nature and scope of the issues involved in the grievance. The inquiry will
typically include the securing of documentary evidence and personal interviews in
an effort to fully understand the issues and obtain the maximum information available
pertinent to the issues.
E. Grievance File
When the Committee begins a grievance inquiry, the Committee Chairperson (elected
by the members of the Committee) shall establish an employee grievance file. This
is an independent file, separate and distinct from the personnel record. The grievance
file must contain all documents pertaining to the grievance including:
1. Statements of witnesses;
2. Records or copies of records; and
3. Reports of personal interviews.
F. Open Record
The grievance file is an open record. It is open for review by the employee and his
representative and must not contain any document that is not available to the employee.
Information to which the Committee is exposed which cannot be made available to the
employee in the form it was received must be included in a file in a form, which the
employee can review or it must not be used.
G. Committee Report
The Committee shall complete its investigation within fifteen (15) calendar days of
the date the Committee was appointed and shall submit a written report of its findings
and recommendations to the President within two (2) calendar days following completion
of its investigation.
H. President’s Written Decision
The President shall render a written decision to the employee within five (5) calendar
days of receipt of the written report from the Committee.
A. An employee is entitled to present a grievance appeal under Step 4 if:
1. He has completed Step 3 of these procedures; and
2. The grievance is not satisfactorily resolved at Step 3 level; or
3. The President failed to render a decision within five calendar days of the submission
of the written report from the University Grievance Committee at Step 3 level; or
4. There has been a violation of the Government Code or University Personnel Rules and
Regulations; or
5. The procedural rights of the employee filing the complaint as outlined have been disregarded;
or
6. The decision of the supervisor, University Grievance Committee and the President has
been unjust, inequitable or not in accord with the facts; or
7. The President fails to act on the University Grievance Committee's recommendations.
B. The grievance presented in Step 4 must:
1. Be in writing on a form prescribed by the President;
2. Contain sufficient details to identify and clarify the basis of the grievance;
3. Include copies of the grievance forms submitted in Steps 2 and 3;
4. Specify the remedy requested by the employee; and
5. Be submitted to the Commission within five (5) calendar days after receipt of the
answer in Step 3 or after the answer was due.
The purpose of this Chapter is to provide orderly, uniformed and fair procedures for
non-disciplinary separation of employees from the University's service.
This section shall apply to all classified service employees.
An employee may resign by giving written notice of the resignation to the President
via the Unit Head and Division Manager within the University. The employee should
notify the Unit Head and Division Manager in writing at least ten (10) workdays before
the date of separation. When a resignation letter is directed to the President, it
shall by its terms, be effective immediately or on a certain date. If no effective
date is indicated, it shall be effective upon delivery to the President.
Upon receipt by the President, of any resignation letter, the President, may make
the resignation effective immediately or sooner than the effective date in the resignation
letter. Such resignation shall be effective according to its terms unless the President,
at his discretion, makes the resignation effective immediately or at some time sooner
than the resignation letter. Acceptance of such resignation by the President is not
required for the resignation to become effective.
With the consent of the President, the employee may withdraw a resignation at any
time prior to the effective date of the resignation.
A resignation shall be deemed to be in good standing when it is made voluntarily and
not as a direct result of a final adverse action or criminal conviction. With the
exception of an employee serving an original probationary period, an employee who
resigns in good standing shall have reemployment rights consistent with 4 GCA and
Rules 4.406 and 4.502.
An employee who resigns after receipt of a notice of proposed adverse action is deemed
to have resigned voluntarily and has no right to appeal to the Commission. Any employee,
who resigns under this section and is subsequently convicted of a crime based on the
same facts, which forms the basis of the adverse action, shall be deemed not to resign
in good standing.
The President, may terminate the services of an employee for any of, but not limited
to the following reasons:
A. The duration of the temporary period of employment is ended.
B. The employee failed to demonstrate satisfactory work performance during the original
probationary period or failed to satisfy other conditions of employment.
C. For misconduct, in which case, the adverse action procedures shall be adhered to.
(Refer to Adverse Action Procedures)
A personal interview will be conducted with each employee separating from the services
of the University. The interview will be held prior to the employee's effective date
of separation. The interview will be conducted in such manner as to obtain from the
separating employee the true reason or reasons for his separation. Such interview
shall be recorded on forms prescribed by the Chief Human Resources Officer and made
part of the separating employee's personnel record. A representative of the University’s
Human Resources Office shall conduct the interview using the Exit Interview Form in
Appendix M.
Each separating employee must be cleared of all obligations within the University
and other applicable Government of Guam agencies no later than the employee's last
working day. Final payment of wages will be withheld pending completion of exit interview
and clearance of all obligations to the University.
This procedure outlines the responsibilities of the Chief Human Resources Officer
when permanent classified University employees apply and are being considered for
career opportunities.
This plan applies only to permanent classified employees.
A. No person shall be promoted under the Merit Career Plan unless a vacancy exists. Same
examination will be used for all persons responding to a particular Merit Career Job
Announcement, provided a vacant position exists.
B. All employees must submit an employment application and be processed consistent with
the merit principles of recruiting, selecting applicants and advancing employees on
the basis of skills, knowledge, and abilities, and be placed on the eligibility list
as “eligible” for the position.
A list of all qualified eligibles shall be furnished to the President.
The Chief Human Resources Officer shall establish procedures for interviewing certified
eligibles.
A. Evaluation of candidates shall be based on job-related criteria, which measures the
skills, knowledge, abilities, and personal characteristics essential to successful
performance in the position to be filled. Due consideration shall be given to formal
recognition of superior performance of candidates, job-related training, and performance
appraisals.
B. Length of service, length of experience or level of formal education may be used as
an evaluation factor when there is a clear and positive relationship with the requirements
of the job to be performed. Length of service or experience may not be the factor
given the greatest weight unless the nature of the vacant job is such that other factors
cannot be expected to identify significant qualitative differences between qualified
candidates.
A. The basis for selection must be job-related. The results of the selection process
must be on file with the University’s Human Resources Office. Evaluation results
are confidential and form a part of the selection process for the candidates being
considered for the position. The Chief Human Resources Officer reserves the right
to post audit selection documentation records.
B. The Chief Human Resources Officer will advise all persons certified under a Merit
Career Job Announcement about the selection within ten (10) working days of the selection.
C. Individuals who were certified and were not selected may request the President; to
review the adequacy of the consideration they received provided that such a request
is received in writing by the President, within five (5) working days after the non-selected
received the notice about the selection.
A competitor may not contest the minimum qualifications established for the position.
The following information shall be made available to competitors under a Merit Career
Job Announcement upon request, and the Chief Human Resources Officer shall periodically
publish the competitor's right to this information:
1. Whether the individual was considered eligible on the basis of minimum qualification
requirements for the position;
2. Whether an individual was one of those in the group from which selection was made;
and
3. Who was selected.
A. The Chief Human Resources Officer shall respond to employee questions or complaints
about the career program, or about a specific promotion action, and provide the employee
with appropriate information or explanation.
B. Issues that are not a basis for a formal complaint are:
1. Failure to be selected when proper procedures are used. A complaint may not be filed
for non-selection from a group of properly ranked and certified candidates; and
2. Any action required to be taken under the provisions of the statute, or instructions
of the President.
A. The provisions of the Merit Career Plan are not required for career promotions, which
are:
1. Promotions without current competition where at an earlier date an employee was selected
under a Merit Career Job Announcement for a position with known promotion potential
to the position to which he is being promoted. The promotion potential must have been
included in the announcement, and where appropriate, the career ladder (intervening
promotion) documented in the original announcement.
2. Where the employee's position is reconstituted in a higher grade because of gradual
accretion of additional duties and responsibilities and the accretion was not the
result of planned management action. For example, an increase in the level of the
employee's performance or change in workload, procedures, or organization that affects
the grade of the positions only incidentally.
To be eligible for a career promotion when the position is upgraded under these
conditions, an employee must continue to perform the same basic function and his former position must be absorbed in the new one. When an additional position is created,
or when the new position is not a clear successor to the former position, career promotion
is not authorized. Similarly, a career promotion may not be made from a non-supervisory
position to a supervisory or manager position because these levels of position inherently
have specific administrative authority that can only be delegated by management.
B. The provisions of this Merit Career Plan are not required for the following personnel
actions:
1. A transfer from a position having known promotion potential to a position having no
higher promotion potential.
2. A detail appointment.
3. An action taken as a remedy for failure to receive proper consideration in a competitive
promotion procedure.
4. A promotion resulting from the upgrading of a position without significant change
in duties and responsibilities due to issuance of a new classification standards or
the correction of a classification error.
5. Re-promotion to a class or position from which an employee was demoted without personal
cause and not at his request. Acceptance of a demotion in lieu of layoff is not a
demotion at the employee’s request for these purposes.
The competitive procedures of the Merit Career Plan will not be used before these
individuals are accorded their rights for re-promotion.
A. The Chief Human Resources Officer shall provide for initial and periodic orientation
to all employees, supervisors and managers concerning the provisions of this Merit
Career Plan and the training of the President, in their respective responsibilities
for assuring the maximum publicity of Merit Career Job Announcements and for advising
employees on requirements and provisions of this Merit Career Plan.
B. The Chief Human Resources Officer shall institute controls and audit procedures as
deemed necessary to assure that all promotion actions are consistent with the provisions
of the Merit Career Plan.
C. The Chief Human Resources Officer will assure that each current and future Unit Head
and Division Manager is provided a copy of the Merit Career Plan and any subsequent
changes to the Plan.
Pay grades for all classes of positions are assigned by the Director, Department of
Administration pursuant to Title 4 GCA Chapter 6 Article 3.
A. Pursuant to Title 4 GCA Chapter 6 Article 1, classes shall be evaluated on the basis
of job know how, problem solving and accountability consistent with the Hay Methodology
concepts and salary administration procedures.
B. The assignment of classes of pay grades shall be in accordance with policies and standards
established in conformance with statute and the following principles:
1. Classes, which are related and are substantially equal, shall be assigned to the same
pay grade.
2. Significant differences between related classes in job know-how, problem solving and
accountability shall be reflected in the relative difference in assignment to pay
grades.
The University of Guam's compensation salary schedule is benchmarked against the College
and University Professional Association (CUPA) for Human Resources Administrative
Compensation Survey. The survey report contains salary comparisons for 167 administrative
positions at 1,466 colleges and universities nationwide, making it the key resource
for academic administrators and salary-related decision making in the higher education
community. It is the benchmarking source for education salaries.
The President’s salary shall be negotiated and approved by the Board of Regents.
The Senior Vice President Academic and Student Affairs and Vice President Administration
and Finance salaries shall be negotiated and approved by the President. All other
administrator salaries shall be negotiated with the appropriate Vice President and
approved by the President.
The initial salary shall take into account the level of responsibility, the academic
rank (or equivalency), years of prior experience in the same or similar position,
length of service and degree and level of management requirements as well as other
criteria in the job description and reflect current local and national market condition.
The President will recommend administrator salary ranges to the Board, based upon
the appropriate College and University Professional Association for Human Resources
(CUPA) Administrative Compensation Survey (CUPA) Administrative Compensation Survey
for public universities. "An appropriate benchmark position/salary will be chosen
for each approved University administrative position. The CUPA benchmark will be the
median salary for that position, as evaluated by the Chief Human Resources Officer
(CHRO) and approved by the appropriate Vice President. The Vice President will assist
in determining if the scope of the benchmark position requires a modification or if
a prior modification remains relevant. The salary range for that administrative position
will be +/- 20% of the median salary from the CUPA scale. Any amount below or above
the established ranges will require approval of the President with advice of the UOG
Board of Regents (BOR).
Each administrator will be annually evaluated and will be eligible to receive an annual
increase of up to three percent (3%) depending on the results of the evaluation, until
the administrator reaches the third quartile of their salary range, which is defined
as 100% of the median salary. After the administrator reaches the third quartile of
their salary range and until the administrator reaches the approved salary range ceiling,
which is defined as 120% of the median salary, each administrator will be annually
evaluated and will be eligible to receive a bi-annual increase of up to three percent
(3%) depending on the results of the evaluations. In the event that an administrator
reaches the approved salary range ceiling, the salary is frozen, and an annual evaluation
will continue for record purposes only. Salary increments for the Senior Vice President
Academic and Student Affairs and the Vice President Administration and Finance will
be negotiated no more frequently than annually.
The Administrator and their respective supervisor complete the Administrator’s evaluation
form in accordance with the Administrator Evaluation Reporting System Procedures Manual.
Once completed, the form is submitted to HRO for review and processing of salary increment
personnel action (UG2). After the UG2 is signed by the CHRO, it is transmitted to
Business Office for fund certification. Upon of the receipt of the UG2 with fund certification,
HRO transmits the UG2 to the Payroll Office for further processing and keys in their
updated hourly rate on Colleague. HRO also transmits copies of the UG2s to the college/unit
and GovGuam Retirement.
The President may make changes in Administrator assignments if the person holding
the position obtained the position through a competitive process. Any administrator who accepts or is assigned a higher or lower level administrative
position will be compensated commensurate with the salary level of the position assigned.
Under no circumstance will an administrator exceed the salary level of the position
assigned unless approved by the President with written notice to the Board.
Transition
Administrators currently paid above 120% of the new median salary will have their
salaries frozen until it falls within the range. If an Administrator’s salary has
been frozen for three years as a result of reaching the top of the range, the salary
can be adjusted by a three percent (3%) adjustment every three years.
[Board Resolution 08-31, dated November 20, 2008, effective January 1, 2009.]
[BOR Resolution 17-08, Relative to Revising the List of Administrative Positions and
the Administrative Salary Scale]
The Human Resources Office should perform a review of the benchmark no less frequently
than every three years to determine if an updated CUPA scale would have a significant
impact on the salaries in the scale. This analysis should be presented to the Promotion
and Tenure Committee of the Board of Regents. If it is determined by the Board of
Regents that the salary scale should be updated, the salary of the position holder
will be moved from its relative position on the existing scale to its same relative
position on the updated scale. The purpose of these updates is to ensure UOG salaries
keep pace with inflation. The purpose of employee increments is to reward employees
for meritorious effort.
The University is committed to maintaining a safe and healthy work environment free
from the influence of alcohol and drugs. To that end, the University has adopted a
Drug-Free Workplace Program. Compliance with the University's drug policy is a condition
of employment. The University intends to take severe disciplinary action, up to including
termination, against an employee who violates the University's Drug Free Workplace
Program.
The University encourages any employee with a drug or alcohol abuse problem to voluntarily
seek treatment. The University has established an employee assistance program to provide
counseling and referral services for employees with drug or alcohol abuse problems
that voluntarily seek help.
The University strictly prohibits unauthorized use, possession (including storage
in a desk, locker, car or other repository), manufacture, distribution, dispensation
or sale of illegal drugs, drug paraphernalia, controlled substances, or alcohol on
the University's premises, in official vehicles, during working hours or any activity
that compromises the integrity or accuracy of the University's drug and alcohol program,
or any failure or refusal to abide by the Drug-Free Workplace Program, and conviction
under any criminal drug statute.
The University may require employees and applicants to be tested for drugs or alcohol
upon hiring; when the University suspects that the employee's work performance or
on-the-job behavior may have been affected in any way by drugs or alcohol; or when
the University determines that an employee may have contributed to an accident involving
fatality, serious bodily injury, or substantial damage to property. In addition,
certain employees occupying specifically designated sensitive positions, referred
to as Testing Designated Positions, will be subject to random drug testing. Any positive
drug or alcohol test is a violation of the University's Drug Free Workplace Program.
Any test for drug or alcohol abuse will be conducted using reasonable procedural safeguards.
The procedures to effectively administer the Drug Free Workplace Program shall be
those established by the University and from time to time may seek the assistance
of the Director of Administration or other exterior sources through a memorandum of
understanding or agreement to enhance these procedures.
[BOR Resolution ________]
A. Salary increment increases shall be granted as authorized by law.
B. Increment Status upon Demotion Due to Position Reclassification:
The salary increment anniversary date before the reclassification determination shall
be used to determine the appropriate salary increment date in the new pay grade. Where
there is no change in the waiting period, the salary increment date in the pay grade
before the reclassification shall be maintained. Where there is a change to a shorter
waiting period (Steps 1-7), the salary increment date before the reclassification
shall be maintained. Where there is a change to a longer waiting period (Steps 8-10,
11-20), the new waiting period shall be applied.
C. Personnel Actions Not Affecting Increment Anniversary Dates:
The following personnel actions shall not change increment anniversary dates:
1. The pay grade for a class or classes of positions has been reassigned;
2. Pay adjustments from statutory amendments to the pay grade schedule;
3. Detail appointment;
4. Transfer from one position to another of the same or related class of position while
retaining the same salary rate upon transfer;
5. Involuntary demotion for other than adverse or disciplinary reasons;
6. Reclassification to a class of the same pay grade or lower while the employee retains
the same salary rate;
7. Salary increment freeze; and
8. Other situations as deemed appropriate and necessary.
D. Voluntary Demotion to the Same or Related Class of Positions:
The employee's next salary increment shall include the period served prior to the
voluntary demotion; and provided that work performed is satisfactory.
E. Creditable Service Upon Reemployment:
Permanent classified employees who separated with the University in good standing
shall be credited for time served in the increment held prior to separation when exercising
their reemployment rights.
Employees entitled to an increment increase shall receive such increase according
to the following schedule and upon certification by the President that satisfactory
service has been rendered for the performance rating period preceding such increase
(Title 4 GCA Section 6202);
A. Employees at Steps 1 through 6 shall be entitled to one (1) Step adjustment after
twelve (12) months of satisfactory performance;
B. Employees at Steps 7 through 9 shall be entitled to one (1) Step adjustment after
18 months of satisfactory performance;
C. Employees at Steps 10 through 19 shall be entitled to a one (1) Step adjustment after
24 months of satisfactory performance.
D. Employees at Step 20 shall be entitled to a pay increment equivalent to 3.5 percent
(%) of an employee's base salary, subject to satisfactory performance. The schedule
will be determined by the Civil Service Commission.
When the hiring authority determines that a particular employee shall not be granted
a salary increment, the hiring authority shall inform the Chief Human Resources Officer
of such denial thirty (30) days prior to the employee's anniversary date. If the Chief
Human Resources Officer does not receive a performance report or a notification of
denial of an employee's salary increment, no action will be taken to adjust the employee's
pay.
Employment Agreements are made between the University of Guam, a public corporation
hereinafter referred to as the “UNIVERSITY,” and the employee. All agreements are
subject to the approval of the President of the University and shall not be binding
upon the University until and unless it is approved by the President
There are three (3) types of Employment Agreements:
An agreement for retirees hired as an Assistant Professor with a compensatory rate
per academic year plus benefits, to include Government of Guam retirement benefits
(Defined Contribution Retirement Plan) and employer contributions for medical and
dental coverage. The faculty must be familiar with the nature of the expected employment
as a result of having years of teaching and related experience and has expressed a
willingness to provide the assistance as described in the Agreement. [Click here for the form from legal counsels' page.]
A three (3) year Agreement for Professional Employees relocating to Guam. The University
provides, transportation (mode of transportation will be at the lowest cost most direct
air route from the point of recruitment to Guam and at the University’s option may
be charted aircraft or by any special advance purchase fare or discount fare arrangements.
The Professional Employee will comply with any advance ticket purchase requirements,
discount fare requirements or charter requirements, including without limitation any
requirements as to advance reservations and time and place of departure) from the
point of recruitment, to Guam and authorized dependent(s); and shipment from point
of hire to Guam of authorized household effects up to Three Thousand Five Hundred
(3,500) pounds (600 cft) per family and One Thousand Seven Hundred Fifty (1,750) pounds
(300 cft) if only Professional Employee, packed and crated.
The Professional Employee on contractual appointment who has been authorized travel
expenses and moving expense and who violates this Agreement by vacating or terminating
the position or by any other act, or is discharged for cause prior to completing the
term of the contract, will be required to repay the University all the direct costs
incurred by the University in recruitment of the Professional Employee to Guam (including,
without limitation, all transportation costs, such as transportation and moving expenses).
Further, the University is authorized to withhold any salary or other sums due the
Professional Employee and apply such sums to liquidate any obligations of the Professional
Employee to the University arising under this Agreement. [Click here for the form.]
A yearly Agreement for Professional Employees on-island. The Professional Employee
accepts this Agreement with the understanding that the appointment provided is only
for the term specified unless sooner terminated and that the University is not obligated
in any way to renew or extend the Agreement beyond the initial term specified. Furthermore,
the University, notwithstanding the provision of any law or regulation, is not required
nor does the Professional Employee expect, notice of the expiration of the initial
term of employment.
The Professional Employee will be granted all the usual and customary rights of professional
employees of the University similarly situated, as determined by the University from
time to time and as specified in the rules and regulations of the University. [Click here for the form.]
The University seeks to employ and maintain a staff of tenured and tenure-track faculty
with superior qualifications to advance its mission and to nurture and support the
work of those faculty members, while observing the principles of academic freedom
and the tenets of the tenure system.
To provide administrators and faculty with knowledge of the policies, regulations,
practices, and expectations at the University of Guam. The various provisions of this
section are subject to revision from time to time by the Board of Regents, administration,
and faculty on their own initiative or in response to changes in Guam law.
A permanent appointment is granted to a classified employee after successfully completing
a probationary period in the permanent position as per Title 4 GCA, Chapter 4, § 4106(a)(1).
A. Probationary Period
The probationary period shall be utilized as fully as possible to determine the fitness of the employee for the position.
The probationary period shall be utilized as fully as possible to determine the fitness of the employee for the position.
B. Original Probationary Period
An original probationary period shall be required when an individual who has not obtained permanent status is appointed a permanent position. This also applies to former employees who have not been employed in the University service after four (4) years of separation in good standing.
An original probationary period shall be required when an individual who has not obtained permanent status is appointed a permanent position. This also applies to former employees who have not been employed in the University service after four (4) years of separation in good standing.
C. Duration of Probationary Period
1. Original probationary periods will be for six (6) months, except that service as a
result of the six (6) months employment program provided for placement of persons
with severe disabilities may be credited consistent with statute. Employees holding
classified positions under temporary employment or limited term appointment, who are
subsequently appointed to the same position in the same unit under a permanent appointment,
shall be credited for time served towards their probationary period under temporary
appointment provided they received the temporary or limited term appointment through
a competitive process. Those who have not been appointed through a competitive process
shall compete for the position in order for the time served in the position to be
credited to the probationary period.
2. In entry-level trainee positions, the probationary period may be established at not
more than twelve (12) months, upon the approval of the Unit Head.
3. The President may extend an original probationary period not to exceed a total of
(12) months. Written notice of the extension shall be given to the employee by the
Unit Head prior to the expiration of the probationary period.
D. Discontinuance of a Probationary Appointment
If the employee fails to render satisfactory service during the original probationary
period, the Unit Head may dismiss him/her provided he/she has served a probationary
period of at least three (3) months. The Unit Head shall submit a recommendation for
dismissal, together with the employee's performance evaluation report, to the Chief
Human Resources Officer. The dismissal notice shall indicate the effective date of
the action. Failure by the Unit Head to submit a probationary letter to the employee
prior to the expiration of the established end date of the probationary period does
not grant him/her permanent status.
Employees dismissed while completing an original probationary period may appeal the
dismissal only if the employee alleges that the dismissal was discriminatory based
on race, color, creed, religion, age, sex, political affiliation, marital status,
national origin, disability or sexual orientation. Submission of such appeals shall
be in accordance with the EEO Complaint Procedures (Appendix D) adopted by Board of
Regents.
C. The "Emergency Hire" process is unique only to the University. It was developed in response to an internal request for urgent and short-term need for limited-term
employees (maximum 90 days) for grant and externally funded units. The purpose of an "emergency
hire" is for the short-term and urgent need for employees for (list not exhaustive):
D. This "emergency hire" solution is a temporary solution to meet labor needs. Hires
for longer than the 90-day period should be facilitated through the merit-based recruitment
process for unclassified employees to meet temporary and seasonal needs; terms generally
defined as one (1) year or less, but may be continued based on grant continuation
and funding. Extensions may be made due to extenuating circumstances with approval
from the hiring authority.
The Emergency Hire must submit the following with the packet upon recruitment:
• UOG Application
• Official college transcripts should be submitted with the application
• Police & Court Clearance
• Updated PPD Results
• Physical exam?
1. Limited-term appointments may be made to fill temporary vacancies in permanent positions,
where there are no eligibles or an insufficient number of eligibles for that particular
position.
2. Where limited-term appointments are proper, the appointments shall not be made until
the Chief Human Resources Officer certifies that the candidate has qualified for the
position.
3. Limited-term appointments are for a specified period not to exceed one (1) year unless
authorized by the hiring authority and subject to availability of funds.
4. Limited-term appointments may be made without competition except that any person appointed
on a limited-term basis must meet all qualification requirements including any assembled
examinations.
5. Limited-term appointments are unclassified appointments and may be terminated at any
time prior to the expiration of the term of employment.
6. Employees appointed on a limited-term basis may be given the usual employee benefits,
as approved by the President and subject to the availability of funds.
7. Limited-term employees do not serve a probationary period.
Refer to current (BOR or Board) of the University of Guam (UOG of University) and
the UOG Faculty Union, American Federation of Teachers (AFT or Union)]
The University of Guam is a Land-Grant Institution committed to teaching, research
and public service. It is committed to providing its students with the highest quality
education possible and the community with the maximum public service possible with
the resources at its command. This commitment will fall short of fulfillment without
the concomitant commitment of a competent and dedicated staff. The selection of quality
academic personnel is, therefore, of utmost importance and is the joint responsibility
of the faculty and the administration. This responsibility should be judiciously exercised
and should be consistent with the need for excellence which students in particular,
and the public in general, demand in higher education.
Recruitment announcements may be made off-island and on-island, concurrently. Such
advertisements on behalf of the University are to be made with the approval of the
President or his or her designee.
Only the President may offer employment and make a salary commitment.
· All tenure-track full-time faculty appointees shall be given an initial three-year
contract.
· Off-island appointees shall receive relocation expenses in accordance with the current
University policy.
If the faculty does not reside on Guam, the University shall provide travel expenses
for the appointee and the appointee’s spouse (as defined by Guam Law) and children
under the age of 18 by the least expensive and most direct air route from the point
of hire and shall provide compensation for moving household goods to Guam by the least
expensive carrier up to 3,500 pounds (600 cft) for a family and 1,750 pounds (300
cft) for a faculty without dependents.
The faculty may request that the University make travel arrangements prior the applicant’s
departure from the point of hire or the faculty may be reimbursed for travel after
his or her arrival on Guam. Arrangements for shipment of household goods will be made
by the University whenever feasible to take advantage of government shipping rates.
Compensation for shipment of household goods from points of hire outside the continental
U.S. and Alaska will be based on the government rate then in effect of shipment of
goods between Boston and Guam or actual cost, whichever is less. Prepayment of shipping
costs is authorized for faculty whose point of hire is outside the continental U.S.
and Alaska.
HRO will request for quotes for airfare from the local travel agencies. If airfare
is less than $1,500, HRO will only need one quote. If airfare is more than $1,500,
HRO will need three quotes and will select the travel agency with the lowest quote.
The faculty would need to provide their boarding passes to HRO for their travel clearance.
HRO will request quotes from three local moving companies. The moving companies may
contact the faculty to do a pre-move survey. Upon receipt of three quotes, HRO will
choose the company with the lowest quote. The company that wins the bid will contact
the applicant to finalize their pack-out.
The faculty may request to do their own travel and shipment arrangements and be reimbursed
later. HRO will still need to request quotes and will reimburse the applicant up to
lowest quote received. The appointee would need to provide their receipts to HRO for
reimbursement.
This Policy is intended to encourage faculty and administrators to arrive one (1)
week before their official reporting date so that they can find housing and transportation
before they have official responsibilities. The University will provide ten days of
hotel accommodations and rental of a car for all new full-time faculty and administrators
recruited from off-island if they arrive at least one (1) week prior to their reporting
date. If they are unable to arrive one (1) week prior to their reporting date the
University will reduce this benefit accordingly.
· HRO will contact three (3) hotels and three (3) car rental companies for quotes and
will choose the lowest quotes.
· However, a minimum of one (1) week’s benefit regardless of arrival date will be provided.
Hotel and car rental reservations will be made by the University. Selection of hotel
and car rental agency will also be made by the University.
After the initial three-year (3 year) tenure-track contract, faculty members granted
continuing employment may be terminated only for cause or for denial of tenure.
No faculty member may apply for a position of a higher rank without going through
the promotion process, except as may be provided in the BOARD/UNION Agreement currently
in effect unless stated in their employment agreement due to completion of a terminal
degree. For example, an applicant may be recruited at the Instructor rank and then
be granted the Assistant Professor rank upon completion of their terminal degree within
their initial three-year contract. In this case, the job announcement they were recruited
for must indicate the Instructor to Associate Professor Ranks. This condition must
be stated in their employment agreement and approved by the President. Once HRO is
in receipt of documents certifying that the faculty member completed their terminal
degree, HRO will process a personnel action amendment (UG2) to reflect the change
in rank, step, and salary.
Failure to be granted tenure by the end of the sixth (6th) year of full-time, tenure-track
employment shall result in termination at the end of the seventh (7th) year.
The University may reopen advertisements for positions if fewer than three (3) qualified
candidates apply.
No alumnus of the University of Guam shall be employed in an academic position prior
to the expiration of at least five (5) years from the date the alumnus received a
graduate degree from the University of Guam. Moreover, any such person, in order to
be considered for appointment, must, during the five-year period, acquire relevant
professional experience in higher education at another institution in the field of
his or her academic specialization; or obtain a second master’s degree or a terminal
degree at an accredited institution other than the University of Guam. Exceptions
may be made by the President in the case of any applicant with extraordinary qualifications
whose service is critically needed.
Salary for initial appointments shall be in accordance with the hiring schedule approved
by the Board. Years of experience as listed in the Faculty Hiring Schedule define
eligibility, not entitlement.
Whenever a regular member of the faculty is appointed to a calendar year administrative
or research position, the salary for that position shall be in an amount set by the
salary schedule approved by the Board.
All appointments and assignments authorized herein shall be contingent upon the availability
of funds.
The Administration reserves the right to notify faculty members, if done prior to
their initial employment, that they are minimally qualified for the position. Such
faculty members may be required to have a plan of self-development and to fulfill
the terms thereof in order to have subsequent renewal of employment.
The formal offering of the contract shall be made by the President of the University
and shall contain the salary commitment and rank determined by consultation with the
Senior Vice President, Academic and Student Affairs, Dean/Director and the unit involved.
Tenure track full-time appointments to the academic ranks of Assistant Instructor,
Instructor, Assistant Professor, Associate Professor and Professor and the positions
of Extension Agent I, II, III, IV, and Extension Specialist shall be based on the
individual’s educational attainment, training, relevant teaching, research and professional
experience, and quantity and quality of productivity, particularly in higher education.
· Preference shall be given to persons who have earned a terminal degree. Except as
otherwise provided in these rules and regulations, the master’s degree shall be a
minimum requirement.
· Regular, full-time faculty members shall be compensated in accordance with the salary
schedule established by the Board of Regents.
· The Master’s degree is the appropriate (minimum) degree for hiring at the Instructor/Extension
Agent II ranks and the terminal degree is the appropriate (minimum) degree for hiring
at the assistant professor and higher ranks. The Bachelor’s degree is the appropriate
(minimum) degree for hiring at the Assistant Instructor/Extension Agent I level.
Qualified persons may be given non-tenure track appointments. No non-tenure track
appointment should be construed as assurance of, or as carrying with it the prospect
of regular appointment or of continued employment with the University. Part-time instructors
shall at no time be given more than a 50 percent teaching load as determined by the
appropriate load formula. Part-time appointees are not entitled to personnel benefits
and other privileges normally accorded regular faculty members and are not eligible
for committee membership.
Non-tenure track faculty are evaluated and may apply for promotion in accordance with
the procedures for regular faculty. Non-tenure track faculty may not apply for or
be granted tenure, nor shall the years served be counted as probationary service for
tenure unless otherwise agreed to in the initial tenure-track contract.
See the BOARD/UNION Agreement regarding recommendation of part-time faculty by the unit.
Part time faculty appointees are non-tenure track. Their appointments shall be for
a period of not more than one (1) academic year.
· The salary of part time appointees paid by the University shall be at the salary level
and step in the academic rank to which they are appointed. If paid by an outside agency,
it shall be at the level determined by the funding source and approved by the University.
Faculty teaching through Professional and International Programs (PIP) shall be paid
by PIP rates.
· The college or unit to which a part time appointee is assigned shall regularly evaluate
the appointee’s teaching, research or professional service, using the same criteria
used for evaluating regular faculty members. Such evaluation shall be considered in
determining renewal of employment.
· Part-time appointees are not eligible for promotion or tenure.
· Part-time appointees are not entitled to personnel benefits unless funding is provided
by outside sources; nor to other privileges and benefits accorded regular faculty
members.
· Time served under a part time appointment shall not subsequently count toward tenure
or be considered for promotion purposes. Neither shall such appointment be construed
as assurance of, or as carrying with it, the prospect of eventual regular appointment.
· Part-time appointees are not eligible for elected committee membership. The University
will provide office space or clerical help when available.
[UOG Board Resolution 17-20 and 17-35]
Part-time faculty are recruited through the college. Each college’s administrative
staff is responsible for providing HRO with the part time faculty’s complete application
packet and inputting the part-time faculty into their appropriate courses on WebAdvisor.
The part-time faculty’s course information is uploaded into the electronic part time
faculty workflow by Computer Center Staff. From there, the entries are pushed to college
administrative staff, then to the Dean, then to SVP Staff, then to SVP, then President
staff, and then President. After the President approves the entries, they go back
to the unit. The unit downloads the part time faculty personnel actions (UG1s) from
the part time faculty workflow and provides them to HRO. Upon receipt, HRO reviews
the UG1s and has the CHRO sign the UG1s. Then the units are notified to have the part
time faculty sign personnel actions and/or have the part time faculty in-process if
they are new part- time faculty.
Part-time faculty that are active within two years do not need to resubmit a new application
packet and in-process. For example, a part-time faculty may teach for Fanunchanan
(Fall) Semester, skip the Fanomnakan (Spring) Semester, and come back the following
Fall Semester. Part-time faculty are still responsible with providing HRO with updated
yearly TB Clearance documentation with HRO.
Part-time faculty who have a break in service of two years or more will need to resubmit
a new application packet and in-process again.
A scholar on leave from another institution and whose qualifications are exceptionally
suitable for the special instructional needs of the University, may be appointed a
Visiting Professor in his or her rank for a period of not more than one academic year.
The salary of a visiting Professor shall not be more than the Visiting Professor’s
salary at his or her home institution. The Visiting Professor shall not be eligible
for retirement, leave benefits and life insurance coverage, but may participate in
the University’s group medical and dental insurance plans.
The President is authorized to negotiate exchange professorship agreements with other
accredited institutions for the purpose of enhancing mutual staff/faculty professional
development.
The terms and conditions of such agreements shall be subject to the approval of the
Board of Regents.Appointment to an endowed professorship is a distinct honor extended only to an outstanding
scholar with a terminal degree or equivalent whose compensation (salary, fringe benefits,
etc.) has been funded by the donor of the endowment.
The appointment is to be made by the Board of Regents, upon the recommendation of
the President, with the advice of the appropriate Dean and shall be only for a period
specified by the donor or as may be limited by the amount of the endowment.
The title of Research Affiliate may be given by the President to a person engaged
in the planning, conduct, and/or supervision of individual or term research at the
University, and who has professional competence as evidenced by relevant professional
experience in the field or discipline of the research project.
A Research Affiliate is not an employee of the University and will not, therefore,
be entitled to compensation or employee benefits.The title of Research Associate may be given to a person engaged in individual or
team research funded by external sources.
A Research Associate shall have a minimum of a bachelor’s degree in his or her specialty
area. The wage or salary will depend on relevant experience and academic credentials
and shall be a matter of negotiation.
A Research Associate does not hold faculty status but shall be eligible for personnel
benefits if budgeted in the grant proposal or obtained from other external funding
source.
The title of Research or Extension or Teaching Assistant may be given to an individual
engaged in assisting in research, extension or service projects or assisting in instruction
funded by either local or external sources. The hourly wage shall be comparable to
the most current wages paid for similar type of employment.
An assistant does not hold faculty status but may be eligible for personnel benefits
if funds are budgeted.
Undergraduate Teaching Assistants provide administrative support for quiz, discussion,
or laboratory sections and serve as class assistants. Faculty or other academic personnel provide appropriate guidance and feedback, particularly
in cases where Undergraduate Teaching Assistants are filling new roles and engaging
in activities that are new to them. Undergraduate Teaching Assistants may not perform teaching duties.
Teaching Assistants with a Bachelor’s degree and/or Graduate Students lead quiz, discussion,
or laboratory sections, serve as class assistants, or provide supervised teaching.
Faculty or other academic personnel should provide appropriate guidance and feedback,
particularly in cases where Teaching Assistants are filling new roles and engaging
in activities that are new to them. A Teaching Assistant (Graduate) is usually a pre-master’s
or a graduate student.
This is an uncompensated honorary position, which includes some privileges and some
responsibilities. A candidate for this position must meet the qualifications of one
of the regular positions within the Division of Nursing. A person with less than a
B.S. degree in Nursing may be appointed as a Clinical Associate with the approval
of the President.
A Clinical Associate must be working in some cooperative way with one or more of the
nursing faculty in the offering of a nursing course, but not as an employed teacher.
A Clinical Associate is not an employee of the University and will not be entitled
to compensation or employee benefits.
In lieu of salary and other regular employee benefits, a Clinical Associate may be
granted permission to use University facilities such as the Library and the Nursing
Auto-Tutorial Center and may attend special programs.
Salary schedule for faculty hires is established by the BOR, in accordance with the
BOR/Faculty Union Negotiated Agreement.
The University is committed to maintaining the campus community as a place of work
and study for faculty, staff and students, free of all forms of discrimination and
harassment that are unlawful under Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. §2000e, et seq., or other applicable law. The University prohibits unlawful
discrimination or harassment against any member(s) of the University community including
faculty, student-employees, staff and administrators and applicants for such positions.
Students (including student-employees) should also review the policies as summarized
in the student handbook, and faculty should consult the faculty collective bargaining
agreement. In case of questions or concerns regarding this Policy, please contact
the University's Equal Employment Opportunity and ADA/Title IX Office, (671) 735-2244,
(671) 735-2243 (TDD); Office of the President, UOG Station, Mangilao, Guam 96923,
(671) 735-2990/5; or the University's Senior Vice President, Academic and Student
Affairs Office, (671) 735-2991/4.
The University is an equal opportunity employer and is firmly committed to non-discrimination
in its hiring, termination, compensation, promotion decisions and in all other employment
decisions and practices and in the application of its personnel policies and collective
bargaining agreements. In compliance with all applicable laws, except where a bona fide occupational qualification exists, employment decisions will be made irrespective
of the employee’s or applicant’s race, color, religion, religious creed, national
origin, age (except for minors), disability, sexual orientation, gender, citizenship
status, military service status, and/or any other status protected by law. This policy
prohibits retaliation because one has in good faith filed a complaint concerning behavior
prohibited by this policy, or has reasonably opposed, reported or stated the intent
to report such behavior or is participating in a related investigation, proceeding
or hearing regarding such a matter.
All members of the University community must comply with this policy. The University
will take prompt and effective corrective action in response to any complaint showing
a violation of this policy. The University will reasonably accommodate qualified individuals
with disabilities as defined by federal law if the individual is otherwise qualified
to safely perform all essential functions of the position and if it will be done without
undue hardship to the University.
The University’s policy is supported by, and consistent with federal law. This policy
thus accepts the mandate set for in Titles VI and VII of the Civil Rights Acts of
1964 and Title IX of the Educational Amendments of 1972.
All members of the University community must comply with this policy.
This policy is maintained by the EEO/ADA and TITLE IX Office. The EEO/ADA and TITLE IX Office and Director, EEO and Title IX/ADA Coordinator will review this policy on at least on a biannual basis, with the assistance of an advisory group consisting of faculty, staff, and may include community representatives selected by senior leadership of that office. The review will capture evolving legal requirements, evaluate the supports and resources available to the parties, and assess the effectiveness of internal processes.
No Harassment: Harassment based on race, sexual orientation, gender, national origin, color, religion,
religious creed, age, disability, citizenship status, military service status, or
any other status protected by law, is prohibited by University policy. Prohibited
harassment in any form, including verbal and physical conduct, visual displays, threats,
demands and retaliation is a violation of this policy and will not be tolerated. Prohibited
acts that constitute harassment take a variety of forms. Examples of the kinds of
conduct that may constitute harassment include, but are not limited to:
1. Verbal conduct such as epithets, derogatory comments, slurs, or unwanted sexual advances,
invitations, or comments;
2. Visual conduct such as derogatory posters, photography, cartoons, drawings or gestures;
3. Physical conduct such as unwanted touching, blocking normal movement, or interfering
with work because of gender or any other status protected by law;
4. Threats and demands to submit to sexual requests in order to keep your job or avoid
some other loss, and/or offers of job benefits or conditions in return for sexual
favors;
5. Retaliation in the form of adverse actions because one has opposed, reported or stated
the intent to report harassment or because one is participating in a related investigation,
proceeding or hearing.
Sexual Harassment: Sexual harassment is a specific form of prohibited harassment which occurs when an
individual's behavior constitutes (1) unwelcome sexual advances or (2) unwelcome requests
for sexual favors, or (3) other unwelcome verbal or physical behavior of a sexual
nature where:
1. Submission to such conduct is made explicitly or implicitly a term or condition of
an individual's education or employment; or
2. Submission to, or rejection of, such conduct by an individual is used as the basis
for academic or employment decisions affecting the individual's welfare; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's
welfare, academic, residential life or work performance, or creates an intimidating,
hostile, or offensive educational, living or work environment at the University.
University staff and students may provide feedback about this document by emailing
eeo-ada@triton.uog.edu
The University encourages individuals who believe they may have experienced discrimination
or harassment in violation of University policy, or is aware that another person has
allegedly engaged in such discrimination or harassment, to report such information
using this complaint process. It is expected that review of these matters will begin
expeditiously and that complaints will be resolved promptly and ordinarily no later
than 45 days from receipt of the complaint. Confidentiality will be maintained to
the extent appropriate in consideration of the circumstances. In addition to these
procedures, complaints may be filed with the Equal Employment Opportunity Commission
(EEOC) at the Hawaii District Office, Honolulu Office, Prince Kuhio Federal Building,
300 Ala Moana Blvd., Rm 7-127, Honolulu, HI 96850-0051, and the Office of Civil Rights
of the US Department of Education at Federal Building, 50 United Nations Plaza, Room
239, San Francisco, CA 94102.
Complaints may be made in the following ways: An individual (“Complainant”) may present
the complaint to the University Director, EEO & Title IX/ADA Coordinator, a University
EEO counselor (collectively, “University intake person”), or to an administrator or
officer of the University in the reporting relationship above the complaining individual
or one who is above the person about whose behavior the complaint is made. A list
of the available University intake persons and their phone numbers is contained on
the University web site. Wherever possible, the complaint should be made in writing
and as soon as possible after the Complainant becomes aware of the prohibited behavior.
If the Complainant declines to present a complaint in writing, the University intake
person or the other University administrator or officer who receives the complaint
will prepare a memorandum of the complaint made in oral fashion and in all situations
promptly notify the University’s Director, EEO & Title IX/ADA Coordinator of the filing
of the complaint, unless the complaint is against the University’s Director, EEO &
Title IX/ADA Coordinator. Should the Complainant choose not to file a complaint with
these persons, he/she may bring the complaint to the University's Senior Vice President
or any vice president, dean or other senior University administrator, and should reference
the matter wherever possible as arising under the University Policy for Equal Employment
Opportunity and Non-Discrimination/Non-Harassment. The University's Director, EEO
& Title IX/ADA Coordinator shall be responsible to see that the Complaint is handled
in the manner prescribed in this Policy, unless the complaint is against the University's
Director, EEO & Title IX/ADA Coordinator, in which case the University's Senior Vice
President shall do so.
The University's Director, EEO & Title IX/ADA Coordinator will inform the Complainant
and where appropriate, the person whose conduct is alleged to violate the policy (“Respondent”),
of this Policy, the procedures for resolution and the administrator or officer of
the University who will be responsible for a final determination of the complaint
(“decision maker”). The selection of the decision maker will be made with consideration
of the reporting and/or academic relationships of the Complainant, Respondent and
others involved. It is not possible to prescribe in advance the identity of the decision
maker in all situations, given the unique organization of academic institutions.
The Complaint will be reviewed, generally by the University's Director, EEO & Title
IX/ADA Coordinator, and resolved according to this policy, including that an investigation
will be conducted if one is warranted. If the complaint is against the University's
Director, EEO & Title IX/ADA Coordinator or an individual in supervision over the
Director, EEO & Title IX/ADA Coordinator, the University will designate an individual
independent of the University and who is not employed by an entity of the government
of Guam, who is trained and experienced in EEO matters, to conduct the investigation
if one is warranted and/or otherwise appropriately inquire into the complaint. Any
investigation will proceed expeditiously and appropriately to investigate the matter,
including interviews of individuals, if necessary, and a written summary of the facts
relevant to the complaint will be prepared and, if any, the recommended corrective
action.
The University shall take prompt and effective action in response to the complaint.
The decision maker will make a determination of the complaint in a manner consistent
with the particular facts and circumstances of the complaint.
If the decision maker finds that the complaint in whole or in part shows a violation
of the University policy, the decision maker shall determine what corrective action
is appropriate and including, where appropriate, disciplinary action of the Respondent
or others. Violations of this policy may result in disciplinary action such as warning,
suspension or termination from employment or of any other affiliation with the University,
etc. The decision maker may determine that the complaint does not show a violation
of the University policy. If so, the decision maker shall so inform the Complainant
and Respondent.
The decision maker will prepare a written summary of his/her determination. After
the determination regarding the complaint has been made, to the extent appropriate
the determination will be communicated in person to the Complainant within 5 days
if the Complainant is available to meet.
No member of the University community may be subjected to interference, coercion or
reprisal for seeking advice concerning a matter under this Policy, reasonably filing
a complaint, or otherwise in good faith participating in the internal complaint process
or in a complaint process external to the University. The University will not so retaliate
against any person making a complaint and will not knowingly permit retaliation.
Respondents or others who receive disciplinary action as a result of a complaint under
this process may appeal under the provisions of the appropriate grievance procedures,
if any, for faculty, staff, and students.
Time periods for filing of complaint, investigation and resolution should be advanced
if proceedings under University collective bargaining agreements or other University
procedures so warrant it.
A grievance for this purpose is defined as a complaint by an employee governed by
these policies that there has been a violation of any of the provisions of these rules
or the established policies of the Board. [Negotiated Agreement by and Between the
Board of Regents (BOR or Board) of the University of Guam (UOG or University) and
the UOG Faculty Union, American Federation of Teachers (AFT or Union), Local 6282,
December 1, 2018 – April 30, 2023, Article IX]
It is the policy of the University of Guam Board of Regents that there be a method
of resolving disputes and conflicts that may arise between and among faculty members.
This method must be mutually respectful of our community of scholars and confidential.
There shall be three levels:
1. The University shall provide training in one or more particular systems for negotiating
resolutions to disputes for all full-time faculty through workshops, as funding is
identified. Inafa' Maolek Community Mediation Center, or other personnel with certified
training in alternative dispute resolution, under contract with the University, shall
provide this training. Following an initial series of workshops, training for new
faculty shall be provided periodically, as needed.
2. When disputes between faculty members arise, faculty are encouraged to resolve them
using the skills acquired and systems described in their negotiation training.
1. The University shall provide a minimum of one faculty member per UOG division with
training in basic mediation techniques, through periodic training in Alternative Dispute
Resolution. Division chairs shall be encouraged to complete this course, with training
or workshops provided by UOG. If a division chair declines or is unable to complete
the course, the chair shall nominate another member of the division to complete the
training.
2. Faculty members trained in mediation through UOG-approved training shall become members
of a Faculty Dispute Resolution Committee (Committee), tasked with supplying mediation
for faculty members who have attempted a Level 1 solution (as described above) without
success. To ensure neutrality, a given faculty mediator shall be assigned only to
disputes from outside his or her own division. Any of the parties in the dispute shall
have the right to reject one or more mediators tentatively assigned to the case, if
the party feels that the given mediator(s) cannot be impartial. In that event, the
mediator(s) in question may be excused, and one or more substitutes appointed prior
to the mediation. The Chair of the Committee shall make the determination. Each member
of the Faculty Dispute Resolution Committee shall serve until replaced by another
trained representative of his/her unit; until s/he voluntary resigns; until the member
no longer holds a full-time position as a faculty member at the University of Guam;
or until removed by a two-thirds vote of the other active members or the Senior
Vice President, for reasons of unavailability, unsatisfactory performance as
a mediator (an unusual number of failed mediations), or repeated departures from ethically
sound mediation procedures, such as confidentiality breaches.
3. When constituted, and at the beginning of each academic year thereafter, the Faculty
Dispute Resolution Committee shall elect a Chair and Vice-Chair. The Chair shall have
the responsibilities of reviewing confidential applications for mediation, and selecting
appropriately neutral mediators to conduct the mediation. Mediators appointed to a
case will conduct pre-mediation screening interviews as needed, then schedule and
conduct the mediation. The Vice Chair shall assist the Chair in these duties, and
serve as Acting Chair when the Chair is unavailable. As the system matures, members
with greater experience as mediators shall be appointed to serve as co-mediators with
less experienced members.
4. Participants in a mediation shall be required to sign a release protecting the mediator(s)
from involvement in any court case(s) arising from the dispute. This procedure safeguards
the confidentiality of mediations, and prevents attempts by participants to harass
or bias volunteer mediators. Such releases are lawful, and currently in effect in
many U.S. states.
5. Participation in mediation is confidential: mediators shall not disclose the names
of faculty who participate. Comments and statements made during a mediation shall
remain confidential, and may not be shared with anyone without the express written
permission of both parties. Mediators shall destroy any notes taken during the mediation,
at its conclusion. Mediators will not discuss events or comments taking place during
the mediation with anyone other than the participants, and cannot take part in Level
3 resolutions.
6. Participants in mediation will be asked to evaluate the mediation. The Committee shall
review these evaluations periodically and work with mediators to improve continually
the quality of their services.
7. Priority for mediation services shall go to faculty in divisions with active representatives
in the Faculty Dispute Resolution Committee.
8. At the conclusion of a given mediation, the mediator(s) shall provide to each participant
a copy of any written agreement developed by the participants. With the written consent
of all participants, such agreements may be presented to the appropriate administrator
if the case moves to Level 3.
1. In the event that one or more of the parties in a dispute refuses mediation, or in
the event that a mediation at Level 2 is ineffective, the Chair of the Faculty Dispute
Resolution Committee shall refer the case to arbitration by an appropriate administrator.
2. The University shall provide periodic training in arbitration, to be facilitated by
qualified contract personnel, for all deans and directors, and all senior administrators
who will arbitrate faculty disputes, with training expenses provided by the University.
[Board Resolution 09-10]
1. Upon submission of applications as per the deadlines (Note the change in 4th quarter
date from January 1 to February 1) HRO will receive applications no later than the
deadlines. Only the Senate Committee on Faculty Excellence (SCFE) Chair may make
exceptions. A checklist is provided on the application form for checking that all
supporting documents are attached or information is provided as necessary. IMPORTANT
NOTE: It is stressed that the application form must be received at HRO no later than
the established deadline dates, but other documents such as the acceptance notification,
registration information, etc. may be submitted later if they are still pending.
2. On the deadline date, HRO informs the SCFE that applications have been received and
a meeting with the committee is set up for review of applications.
3. HRO prepares a travel list or chart to indicate the applications received. The chart
is arranged by completed applications (as per checklist on application) and the priority
level as discussed earlier.
4. Copies of the chart are provided for each committee member (normally three plus the
HRO representative. All applications are brought to the meeting for the committee’s
review and deliberation.
Note: this does not include procedures once the applications have been reviewed and
the recommendations approved by the Senior Vice President.
(source: IPRR PRR Appendix H)
To establish Furlough procedures as an option for the government of Guam to cut administrative
costs and continue to provide vital public service to the people of Guam. In addition,
furlough procedures shall be administered and coordinated with procedures for employee
layoff, priority placement, outside employment, and leave without pay policy. The
Director of Administration may revise, change or add to the following policy and procedure,
as appropriate, subject to the review of the Civil Service Commission.
It is the policy of the government of Guam to resort to employee furlough, when necessary,
to avoid layoff of employees and to ensure that the government meets its commitment
to the people of Guam in the areas of education, health, safety, and other vital services.
This procedure will be used only after all other efforts have been explored by departments
and agencies to cut operating costs. Heads of departments and agencies shall submit
requests for employee furlough to the Director of Administration for approval.
A furlough action is the placement of an employee in a temporary non-duty and non-pay
status on a continuous basis (for example 10 consecutive days), or a noncontinuous
basis (for example one day a week). A furlough is not a layoff or reduction in force
action.
Furlough is caused by any one of the following reasons:
1. Lack of work.
2. Shortage of funds.
3. Insufficient personnel authorization.
4. Reorganization.
5. Reclassification of an employee's position due to erosion of duties when such
action will take effect after a formal announcement of a reduction in force.
Departments/agencies may furlough an employee for a period of time listed below:
1. One to thirty (1 to 30) consecutive days on a continuous basis, or 22 workdays
if done on a continuous basis.
2. More than 30 consecutive days, or more than 22 workdays to a maximum of one year.
The one-year limit begins the day after the notice period ends and when the furlough
begins.
Employees who are interested in taking leave of absence without pay will be encouraged
to voluntarily apply for a furlough. This opportunity is especially beneficial to
employees who have outside part-time employment. Employees who volunteer for furlough,
for a period not to exceed one year, will be allowed to work increased hours at their
outside employment without regard to the scheduled hours of work with the government.
Where budget constraints are crucial, the Director may resort to involuntary furloughs
after it has been decided that the voluntary furlough will still not meet the necessary
cost reduction. Furloughed employees shall be furloughed, based on retention points,
for the time limits authorized above. Furlough will be used to the maximum extent
possible in order to reduce the necessity for layoffs. Departments and agencies having
exclusive bargaining units must work with the employee unions to explore all avenues
to avert layoffs, and obtain their support for this option.
A department or agency may not:
1. Furlough any employee it does not intend to recall to duty in the same position
within one year; or
2. Separate an employee through layoff while an employee with lower retention points
in the same competitive level is on furlough.
Employees on furlough, voluntary or involuntary, will be covered for health benefits
based on the following conditions:
1. The government will pay for both government and employee contributions during
any period of furlough only when the employee is certified to have family income at
or below the Department of Public Health and Social Services, Medically Indigent Program
Income Eligibility Level for the specific household size.
2. Employees with some form of income (e.g., spouse's income, part-time or fulltime
job, etc.) during the furlough period shall be required to pay for the employee's
contribution portion only, of the health plan premium provided this income is greater
than the Department of Public Health and Social Services, Medically Indigent Program
Income Eligibility Level for the specific household size.
Employees who wish to continue their life insurance benefits will be required to pay
for the premium for supplemental plans only. The employee will continue to be fully
covered for the basic life insurance while on furlough.
1. Release by Furlough. The action to release an employee scheduled for a furlough must be consistent with
established · layoff procedures. A department/agency may furlough an employee under
the layoff provisions only, if the employee has no right of assignment, or refuses
an offer of assignment. A furloughed employee who accepts another offer of assignment,
becomes the incumbent of the offered position unless the employee accepts an offer
of recall to the position from which furloughed.
2. Assignment Rights. In determining whether a furloughed employee has assignment rights to another position,
it is important for the department/agency to consider whether the offer would result
in undue interruption to the organization. Since a furlough anticipates an employee’s
recall to the same position, the agency should consider whether undue interruption
would result from the displacement of a lower-standing employee, and from the recall
of both employees to their positions of record at the end of the furlough period.
The assignment right does not apply when all employees in the department/agency are
furloughed at the same time, or on the same basis. For example, if all employees in
the Department of Administration were furloughed one day a week (either the same day
or different days) on a noncontinuous basis for 28 weeks, none of the employees would
have a right of assignment to another position. If only some of the employees were
furloughed one day a week for 28 weeks, and other employees were not furloughed, the
furloughed employees would have a right of assignment to positions held by employees
with lower retention standing, and not affected by the furlough only if there was
no undue interruption.
If all employees furloughed from a competitive level cannot be recalled at the same
time, the employees must be recalled according to their retention points beginning
with the highest-standing employee.
1. No Recall. If the situation changes and a department/agency determines that a furloughed employee
cannot be recalled within the one year period, the employee must be separated unless
the employee accepted an offer of assignment to another position. If some, but not
all furloughed employees in a competitive level must be separated, employees are selected
for separation by retention standing points beginning with t'1e lowest-standing employee.
A new layoff notice of separation must be given to the furloughed employee at least
60 days prior to the end of the one-year furlough period. The separation of a furloughed
employee is a new layoff action. Separated employees are entitled to the same rights
as those employees separated through regular layoff procedures.
2. Failure to Return. If a furloughed employee refuses or does not respond to a notice to return to duty,
the department/ agency may separate the-employee by layoff effective on the specified
date of recall. A new layoff notice of separation is not required.
Department and agency heads must submit a request to the Director of Administration
for authorization to conduct a furlough within six months of the proposed furlough.
The request must specify the reason for the furlough, the number of employees and/or
positions to be affected, and the duration of the furlough. After the Director's approval,
the following procedure applies:
1. A written 30-day notice that a furlough is planned, must be issued to all employees
(whether or not identified for furlough) in the department/agency. The notice must
include the following information:
a. The date the furlough will commence.
b. The period of furlough (i.e., 1-30 days continuous, 22 or more days noncontinuous,
or a maximum of one year).
c. Employees may volunteer to be furloughed.
d. Loss of some employment benefits for furloughed employees.
e. Employees under furlough are not restricted from seeking other employment during the
furlough period. Those employees who already have part-time jobs while employed with
the government, may opt to increase their hours of work up to a full-time basis during
the furlough period.
f. Furloughed employees must report to work when recalled to duty.
g. Furlough will be conducted in accordance with employees' retention standing points.
h. Furloughed employees have the right to appeal to the Civil Service Commission.
2. Encourage the use of voluntary furlough to the maximum extent possible before
implementing involuntary furlough.
3. Coordinate with the Department of Administration, Division of Personnel Management,
with regard to the feasibility of assigning employees reached for furlough, to ensure
fairness in the assignment and that the furlough poses no unnecessary disruption to
the agency's/department's mission.
4. Those employees who cannot be assigned to other positions within the department/agency
will receive written "Notice of Furlough." This final (or second notice) will again
include the same information as the first notice. In addition, the furloughed employee
shall be:
- encouraged to continue his insurance coverage by personally paying for the premiums.
- informed that his name will be retained in a "recall list" for one (1) year and must keep current address and telephone number at the DOA Personnel Office.
- informed that if he fails to provide a current home address on record with his/her department/agency, will lose recall rights.
- informed that he must respond to the recall notice within seven (7) days of receipt or its attempted delivery, or lose his rights for reemployment.
- notified that he must inform the agency/department, or DOA Personnel Office if he becomes unavailable for recall.
- provided appeal rights to the Civil Service Commission.
Employees will be recalled according to need, classification, or ability to do the
job based on retention standing points. The recall notice will be sent registered
mail, return receipt requested, to the current home address furnished by the employee.
Returning employees will be paid the same salary as before they were furloughed. Any
unused sick leave or annual leave accrued prior to the furlough will be reinstated.
All employment benefits will be restored at the same rate as before the furlough.
When a furlough is deemed necessary, the following procedures apply:
A written general notice of at least 30 days is issued to all employees. Notice shall
include date the furlough will commence and period of furlough (1-30 days continuous,
22 or more days non-consecutive, or a maximum of 1 year).
(Voluntary) – Employees affected by the furlough may voluntarily apply for a furlough. Employees
will be on leave of absence without pay during this period and have the opportunity
for outside part-time employment. Employees who volunteer, for a period not to exceed
1 year, will be allowed to work increased hours with their outside employment. Furloughed
employees must report to work when recalled to duty.
(Involuntary) – Furloughed employees shall be furloughed based on retention points (1-30 days
continuous, 22 or more days non-consecutive, or a maximum of 1 year).
University of Guam is required to balance its operating budget each fiscal year.
This policy provides the framework for the implementation of a furlough plan for non-faculty
employees that would allow the University to balance its budget or maintain sufficient
operating cash balances, if it faces a reduction in Government of Guam funding or
other loss of revenue that causes shortfalls in available funds for continuing sustainable
operations.
Legal authority of the University of Guam Board of Regents (BOR) is contained in Public
Law 13-194, Public Law 17-55, and Public Law 19-40, which provide the necessary autonomy
and charter for the University of Guam. These laws are further codified in Title 17
GCA (Guam Code Annotated), Chapters 15 to 22, and include programmatic and other defined
relationships. Public Law 9-233 changed the College of Guam to the University of
Guam.
If the President determines that the University is facing a significant operating
budget deficit or insufficient cash balances for continuing sustainable operations,
a mandatory furlough plan may be implemented in accordance with the procedures in
this policy.
a. A furlough is an unpaid leave of absence from work for a specified period of time.
b. Non-faculty employees are not permitted to work within the University when taking
furlough time unless such work is externally funded and approved by the President.
They may work at outside employment during any furlough.
c. Non-faculty employees may not use accrued paid leave during periods of furlough.
d. All non-faculty employees (full/part-time, permanent/term) may be subject to a furlough,
regardless of funding source.
e. Non-faculty employees who are holders of H-1B visas, as defined in 20 Code of Federal
Regulations §655.731, will not be subject to furlough.
f. A furlough plan may exclude non-faculty employees who perform functions essential
to maintain health and safety on the University campus. Any such exclusion must be
approved in writing by the President.
g. Classified staff are subject to furlough policies found in the University Policy Manual
for Classified Employees.
a. After review by the administration and consultation with the BOR, the President may
adopt a furlough plan which will set forth the number of furlough days and the period
of time within which they must be taken.
b. The President may extend, modify, or cancel a furlough plan in accordance with this
policy.
c. Before implementing a furlough, the President will call for voluntary furloughs.
d. Furlough days will be scheduled by the supervising administrator subject to the operational
needs of the department or unit. Furlough days must be scheduled in a way that allows
the department or unit to continue to provide a basic level of service.
e. Furlough days must be taken on days that an employee is normally scheduled to work.
Non-faculty employees subject to furlough will be given notice of a furlough at least
30 days before it is to be taken.
A furlough plan adopted pursuant to this policy may not be appealed under any other
University policy or internal grievance process, except for Classified Employees.
a. Health care, dental care, and life insurance benefits will not be affected by a furlough.
b. Non-faculty employees will continue to accrue vacation and sick leave during a furlough,
but not FMLA credit.
c. Retirement contributions (by both the employee and the University) will be affected
by furloughs as contributions are based on actual earnings.
d. The furloughed employee remains responsible for making all employee contributions
during a furlough period, including health care, dental care, flexible spending accounts,
and 403(b) contributions, etc. The University will continue to make its share of
contributions during a furlough period, including health care, dental care, and life
insurance.
e. All miscellaneous authorized payroll deductions will continue to be made during a
furlough period, including credit union deductions, charitable contributions, university
payments, and child support, etc., provided the furloughed employee has earned sufficient
pay in that pay period for the payroll deduction to be made.
f. A non-faculty employee’s continuous service credit, review date, and employment status
will not be affected by any period of voluntary or involuntary furlough.
Non-faculty employees will be advised by the President of the end of the furlough
and the plan to return to normal operations. Any unused sick or annual leave accrued
prior to the furlough will be reinstated. All employment benefits will be restored
at the same rate as before the furlough.
It is the policy of the University of Guam Board of Regents that there be a method
of resolving disputes and conflicts that may arise between and among staff level employees.
Employees are encouraged to seek informal resolution of grievances and absent extraordinary
circumstances, employees shall discuss their grievance with the appropriate administrator
prior to filing a formal grievance.
An employee may submit a formal grievance to the appropriate administrator at any
time after becoming aware of any grievable matter but not later than twenty (20) business
days after the date the employee became aware of or reasonably should have become
aware of the matter being grieved. If a grievance is not submitted on or before the
expiration of the time period, the employee shall forfeit the right to pursue that
grievance. Grievances alleging a violation of the University’s nondiscrimination and
affirmative action policies shall not be subject to the 20-day time limit but may
be brought within the time permitted by law for pursuing discrimination complaints
with governmental bodies.
A grievance shall be in writing and shall set forth a statement of the action grieved,
the specific term or provision of the University policy(ies) or practice(s) violated
and the specific remedy sought.
The grievance shall be filed with the Administrator of the Division of the University
in which the employee works. If the grievance is against that Administrator, the grievance
shall be filed with the administrator’s supervisor. The Administrator shall have a
copy of the grievance made and sent to the appropriate University personnel administrator.
Grievances against the President shall be filed with the Board of Regents who shall
consider the grievance through an ad hoc procedure.
Grievance Levels Non-Classified Non-Faculty Employees
Step 1
Absent extraordinary circumstances, the Administrator with whom the grievance has
been filed shall, within ten (10) business days, conduct a formal conference with
the grievant and the person grieved against, permitting them to provide any necessary
information relevant to the grievance. Absent extraordinary circumstances, the Dean
or Director shall render a written decision within ten (10) business days of the conference.
Step 2
If not satisfied with the results of Step 1, the grievant may, within five business
days, appeal to the supervisor of the administrator with whom the grievance was filed.
If that supervisor is the President, the process moves to Step 3.
Absent extraordinary circumstances, the Vice President shall hold a hearing within
fifteen (15) business days of receipt of the appeal or grievance and, absent extraordinary
circumstances, shall render a written decision within ten (10) business days of such
hearing. The hearing shall be open or closed at the discretion of the supervisor upon
consideration of the wishes of the grievant and other interested persons and the person
grieved against. The grievant shall be afforded the opportunity to testify, to call
witnesses and to introduce documentary evidence. The grievant and the administrative
officer representing the opposing view shall have the right to cross-examine all witnesses.
Step 3
If not satisfied with the results of Step 2, the grievant may file an appeal with
the President within five business days of the receipt of the Step 2 decision.
Absent extraordinary circumstances, the President shall, within five business days,
refer the grievance to the Non-Classified Employee Adjudication Committee (NCEAC).
The NCEAC shall consist of three persons chosen from a standing panel appointed annually
by the President. The standing panel shall consist of twelve University employees
representing administrators, and other non-classified employees. The Committee shall
be formed to hear the grievance as follows: one person from the panel shall be appointed
by the President, one person from the panel shall be appointed by the grievant and
the third person from the panel shall be chosen by the first two. Any member of the
panel, whose term of appointment has expired, shall nevertheless continue to serve
on any committee to which he or she has been appointed until completion of the hearing
and the rendering of a decision thereon.
The Step 3 hearing shall be held as soon as practicable and normally within twenty
(20) business days of referral of the grievance to the NCEAC by the President. The
hearing shall be open or closed at the discretion of the Committee upon consideration
of the express desires of the grievant and other interested parties. The grievant
and the person grieved against shall have the right to call witnesses, to testify
and to present relevant documentary evidence. The grievant and the appropriate person
representing the opposing view will have the right to cross-examine all witnesses.
An audio recording of the proceedings shall be made, and a copy shall be given at
cost to the grievant. Following the hearing, the Committee shall, absent extraordinary
circumstances, render a report and recommendation to the President within twenty (20)
business days following the hearing. The report shall contain specific findings of
fact and recommendations. Upon consideration of the report and recommendation, the
President shall render a decision in writing and communicate the same to all interested
parties. The President’s decision shall be final.
All grievances alleging discrimination, including sexual harassment, shall be referred
to the Director, EEO & Title IX / ADA Coordinator, and handled according to the policies
and procedures for these complaints.
It shall be the policy of the University to promote favorable relations between management
and its employees by resolving complaints expeditiously; prevent similar complaints;
assure fair and equitable treatment of all employees; and promote harmonious working
relationships among all levels of employees (Title 4 GCA, Chapter 10).
The President shall develop procedures outlining the responsibilities and steps to
be followed by employees in the presentation of an informal or formal grievance. All
levels of management shall carefully and promptly respond to an employee's grievance
and shall be guided by these procedures.
A grievance is any question or complaint filed by a permanent employee alleging that
there has been a misinterpretation, misapplication or violation of a personnel statute,
rule, regulation, written policy which directly affects the employee in the performance
of his official duties; or that he has received prejudicial, unfair, arbitrary, capricious
treatment in his working conditions or work relationships.
The time frames will serve as guide and may be extended or shortened on concurrence
of the parties involved.
Grievances may include, but are not limited to, such actions as employee-supervisor
relationships, duty assignments not related to job classification, shift and job location
assignments, hours worked, working facilities and conditions, policies for granting
leave, and other related matters.
General Exclusions
The following actions are not covered by these grievance procedures:
A. Disqualification of an applicant;
B. Disqualification of an eligible;
C. Examination ratings;
D. Removal during original probationary period;
E. Appeals from classification determinations;
F. Appeals of adverse personnel actions;
G. Allegations or complaints of discrimination; and
H. Appeals of performance evaluations.
These procedures are also not applicable when the employee is in a unit covered by
an exclusive recognition, as an employee organization, which has negotiated grievance
procedures for that unit. When negotiated procedures exist, they shall be the exclusive
procedures available to public employees in the unit for settlement or group grievances.
When an aggrieved employee submits a written allegation of discrimination on grounds
of race, color, creed, religion, age, sex, political affiliation, marital status,
national origin, disability or sexual orientation in connection with a matter which
is subject to the University's grievance procedures, as well as the EEO Discrimination
Complaint Procedures, that allegation shall be processed under the EEO Discrimination
Complaint Procedures.
Freedom from Reprisal or Interference
A. An employee and his representative shall be free to use the grievance system without
restraint, interference, coercion, discrimination, or reprisal.
B. An employee, whether acting in an official capacity for the University, or on any
other basis, must not interfere with, or attempt to interfere with, another employee's
exercise of his rights under the grievance system. To be fully effective, the spirit
as well as the letter of this non-interference requirement must be enforced. It is
not enough for an official to abstain from overt threats or interference. He should
refrain from making any statement or taking any action, which has the appearance or
even the flavor of a threat, interference, or intimidation.
An employee's status during each procedural level shall be status quo.
All levels of management will provide an opportunity for an employee to communicate
with and seek advice from:
A. The University’s Human Resources Office;
B. The EEO Coordinator or Counselor; or
C. A supervisory or management official of higher rank than the employee's immediate
supervisor.
A. An employee has the right to present a grievance without representation.
B. An employee has the right to present a grievance with representation.
1. An employee has the right to be accompanied, represented, and advised by a representative
of his choice at any stage of the grievance proceedings.
2. An employee may change his representative, but to do so, he must notify his immediate
supervisor and the President of the change in writing.
3. A person chosen by the employee must be willing to represent him.
A. An employee must be given a reasonable amount of official time to present his grievance
if he is otherwise in an active duty status.
B. An employee's representative, if he is an employee of the government of Guam and is
otherwise in an active duty status, must be given a reasonable amount of official
time to present the grievance.
C. There is no requirement that the official time for the presentation include time for
investigation or preparation, or that it includes travel expense or per diem travel
allowance or consultation with private attorney.
A. An employee who has filed a grievance may terminate the grievance at any time.
B. Failure on the part of the employee to proceed to a higher step of the grievance procedure
within the time period specified will terminate the grievance.
A. It shall be the responsibility of management to settle grievances fairly and promptly
at, or near the organizational level where the employee brought the grievance to their
attention.
B. Failure by management to render a decision to the employee within the allotted time
at any step constitutes denial; the employee may then proceed to the next step of
the grievance procedures.
An employee's grievance may or may not be objectively justified. What is important
is that the grievance is real to the employee. When the grievance is well founded,
management official has both a duty and a need to eliminate the cause. When the grievance
is not well founded, it is equally important to reach an understanding based on the
full facts. Therefore, the informal procedure should assure consideration of every
employee's grievance with a degree of promptness, sympathy, understanding, fairness,
competence, and authority that convinces the employee he has been treated fairly.
The informal procedures should be as simple as possible consonant with bona fide consideration
of grievances. It should encourage settlement of matters at the lowest possible administrative
level in the shortest possible time and should not, therefore, require any written
explanation from the employee. The employee may present his grievance under the informal
procedures, either orally or in writing, and he should not be prevented from submitting
a written explanation if he desires.
A. Normal day-to-day discussions between employees and supervisors regarding working
conditions and related employment matters are the most constructive and expeditious
means of developing and enhancing favorable and effective work relationships.
B. Each employee of the University has the right to present matters to his supervisor,
and each supervisor has the obligation to act promptly and upon them, seeking advice
and assistance of others when necessary.
A. Each employee is expected to make a concerted effort to achieve informal settlement
of his grievance. He should promptly bring his grievance to the attention of the
appropriate supervisory level.
B. Tolling Period: In counting the number of days for each step, if the last day of the
period falls on a weekend, the filing time or receipt time falls on the next working
day.
A. Initiation by Employee
In keeping with the personal nature of matters covered by grievance procedures, only
employees can initiate grievances, singly or jointly. They may not be initiated by
employee organizations. Employee organizations may be permitted to present a grievance
on behalf of an employee or a group of employees when requested to do so by the employee
or employees.
B. Time Limit
1. An employee may present a grievance to his immediate supervisor concerning
a continuing practice or condition at any time. Grievances concerning a particular
act or occurrence must be presented within fifteen (15) calendar days of that action
or occurrence.
2. The immediate supervisor shall render a decision within ten (10) calendar days
of the presentation of the grievance.
C. Form of the Grievance
An employee may present a grievance under the informal procedure either orally or
in writing.
D. Non-rejection Provision
A grievance may not be rejected in the informal procedure for any reason. If the grievance
is not timely or consists of a matter not covered under the grievance system, the
employee should be so advised, but he must be allowed to submit his grievance under
the formal procedures if he insists.
E. Mandatory Use of the Informal Procedure
An employee must complete the informal procedure before the University may accept
from him a grievance concerning the same matter under the formal procedure.
Presentation of the Grievance - Step 2
A. An employee is entitled to present a grievance under the formal procedure if:
1. He has completed the informal procedure; and
2. The grievance is not satisfactorily resolved at the informal level; and
3. The immediate supervisor failed to render a decision within ten (10) calendar
days of the presentation of the grievance at the informal level.
B. The grievance presented in Step 2 must:
1. Be in writing on a form prescribed by the Chief Human Resources Officer;
2. Contain sufficient detail to identify and clarify the basis for the grievance;
3. Specify the remedy requested by the employee or the appropriate supervisory
level; and
4. Be submitted to the President who is the next higher supervisor than the immediate
supervisor within five (5) calendar days after receipt of the answer in Step 1 or
after the answer was due.
A. The next higher supervisor must determine whether the grievance is timely, is covered
by the grievance procedures, and has been processed through the informal procedure.
B. The next higher supervisor shall make a positive attempt to resolve the grievance.
He shall render a decision, in writing, to the employee within five (5) calendar days
of receipt of the written grievance.
Presentation of the Grievance - Step 3
An employee is entitled to present a grievance under Step 3 if:
A. He has completed Step 2 of the procedures; and
B. The grievance is not satisfactorily resolved at Step 2 level; or
C. Specify the remedy requested by the employee; and
D. Be submitted to the President within five (5) calendar days after receipt of the answer
in Step 2 or after the answer was due.
A. Appointment of Committee
Within three (3) calendar days of receipt of the written grievance from the employee,
the President shall appoint a Grievance Committee to investigate the circumstances
of the grievance and to make a recommendation as to its disposition.
B. Committee Membership
The Committee shall consist of five (5) members who are permanent government employees
of agencies other than the University; two (2) members from the employee's peer group
and three (3) members who are permanent employees at the managerial level.
C. Responsibility of the Committee
The Committee must determine whether the grievance is timely, is covered by the grievance
procedures, and has been processed through the informal procedure.
D. Committee Inquiry
The Committee shall be expected to convene and initiate a grievance inquiry appropriate
to the nature and scope of the issues involved in the grievance. The inquiry will
typically include the securing of documentary evidence and personal interviews in
an effort to fully understand the issues and obtain the maximum information available
pertinent to the issues.
E. Grievance File
When the Committee begins a grievance inquiry, the Committee Chairperson (elected
by the members of the Committee) shall establish an employee grievance file. This
is an independent file, separate and distinct from the personnel record. The grievance
file must contain all documents pertaining to the grievance including:
1. Statements of witnesses;
2. Records or copies of records; and
3. Reports of personal interviews.
F. Open Record
The grievance file is an open record. It is open for review by the employee and his
representative and must not contain any document that is not available to the employee.
Information to which the Committee is exposed which cannot be made available to the
employee in the form it was received must be included in a file in a form, which the
employee can review or it must not be used.
G. Committee Report
The Committee shall complete its investigation within fifteen (15) calendar days of
the date the Committee was appointed and shall submit a written report of its findings
and recommendations to the President within two (2) calendar days following completion
of its investigation.
H. President’s Written Decision
The President shall render a written decision to the employee within five (5) calendar
days of receipt of the written report from the Committee.
Presentation of the Grievance - Step 4
A. An employee is entitled to present a grievance appeal under Step 4 if:
1. He has completed Step 3 of these procedures; and
2. The grievance is not satisfactorily resolved at Step 3 level; or
3. The President failed to render a decision within five calendar days of the submission
of the written report from the University Grievance Committee at Step 3 level; or
4. There has been a violation of the Government Code or University Policy Manual; or
5. The procedural rights of the employee filing the complaint as outlined have been disregarded;
or
6. The decision of the supervisor, University Grievance Committee and the President has
been unjust, inequitable or not in accord with the facts; or
7. The President fails to act on the University Grievance Committee's recommendations.
B. The grievance presented in Step 4 must:
1. Be in writing on a form prescribed by the President;
2. Contain sufficient details to identify and clarify the basis of the grievance;
3. Include copies of the grievance forms submitted in Steps 2 and 3;
4. Specify the remedy requested by the employee; and
5. Be submitted to the Commission within five (5) calendar days after receipt of the
answer in Step 3 or after the answer was due.
Hiring Procedures
Among personnel decisions, the decision to award tenure is of distinguished and central
importance. The University will do so only through a rigorous, careful process of
examination
and deliberation. Accordingly, the decision to tenure entails the presumption of professional
excellence. It implies the expectation of an academic career that will develop and
grow in quality
and value, and one that will be substantially self-supervised and self-directed.
To ensure that a transparent and unbiased recruitment and selection process is followed;
one that results in the appointment of the best candidate, based solely on merit and
best-fit.
Search Committees for the positions set forth below shall be formed as follows:
A. For President:
As determined by the Charter.
B. For Vice Presidents, Executive Assistant, Chief Human Resources Officer, Athletic
Director, EEO Director, Development Officer, Assistant Vice Presidents:
Five (5) members appointed by the President of whom at least three (3) will be non-administrators.
C. For Deans, Associate and Assistant Deans
Five (5) members, to include two (2) members-at-large appointed by the Senior Vice
President, Academic & Student Affairs, and approved by the President; and three (3)
members appointed by the Senior Vice President, Academic & Student Affairs, and approved
by the President from a list of at least five (5) provided by the faculty through
the Academic Affairs Committees of the college, school or unit headed by a Dean in
which there is vacancy.
D. For Registrar, Comptroller, PIP Director, and Chief Information Officer:
Three (3) members appointed by the appropriate Vice President and approved by the
President.
E. For all other Administrators as approved by the Board of Regents:
The appropriate Vice President shall determine the appropriate number and composition.
A. When initiated – The process of initiating a Search Committee shall begin as soon
as possible after it is known. The President shall appoint a search committee and
designate a Chair. The Chair can hold a meeting to review and update the position
description or if the Chair determines the position description does not require an
update, he/she can request the Human Resources Office to immediately begin the search
process. It shall be the responsibility of the Chair to consult with the Human Resources
Office to assure that all appropriate policies and procedures are carried out, all
deadlines met and to act as liaison to the Human Resources Office. The Chair shall
ensure that all members of the Committee are familiar with EEO regulations.
B. Criteria – Criteria, in addition to those required by law or by the Board of Regents,
may be established by the Committee with the approval of the appointing Administrator
and the President, except in Presidential searches as previously noted. All criteria
shall be in writing, shall be reviewed by the EEO Officer and shall be provided to
all applicants along with salary ranges and terms of service.
C. Advertising – It is the responsibility of the Search Committee Chair, in coordination
with the Human Resources Office, to ensure that the position is advertised both locally
and off-island in a timely manner. The advertisement shall specify a reasonable closing
date for application and a description of required information to be submitted. Applicants
must submit an up-to-date resume or curriculum vitae, official graduate degree transcripts
sent directly from the awarding institution and unofficial copies of all undergraduate
degrees, names of referees to be contacted and other material as required by the Search
Committee.
D. Interviews – The most qualified applicants for administrative positions shall be interviewed
by the Committee or its representative(s). Applicants may be interviewed in person
or via telephone or other mechanical means. An EEO Officer shall be present for all
official interviews and shall approve all questions to be asked of interviewees prior
to the interview. Committee members conducting fact-finding off-island interviews
should be briefed by the EEO Officer prior to the interview, should ascertain that
their interview content also conforms to EEO guidelines, and must inform the interviewee
of the official nature of such interviews.
E. Final Report – Within six (6) months of the initial meeting of the Committee, a final
report of the Search Committee shall be submitted by the Chair to the appointing Administrator,
except in the case of a Presidential Search Committee in which procedures are determined
by Territorial Statute. The appropriate administrator shall in turn forward the report
and the Administrator's recommendation within five (5) business days to the President
via the appropriate Vice President. This report shall include application materials
of three applicants determined by the Committee to be the most qualified candidates
for the position, and the Committee's listing of the strengths and weaknesses of each
candidate. Fewer names may be submitted if fewer than three have applied or are qualified.
If the Committee finds that no applicants were sufficiently qualified for the position,
they may recommend that the search be reopened or extended, specifying new deadlines.
If the Committee has not reached consensus on hiring recommendations, minority reports
may be appended and duly considered. In the event none of the candidates are acceptable,
or if none accept the position, the Committee will resume its search under new timelines.
It shall be the responsibility of the Chair to notify all candidates of their status
at different stages of the search.
F. The Directors of the Research unit will normally be selected from among the faculty
of the unit on a triennial basis by majority vote of the faculty. This does not preclude
the unit from hiring a Director from outside its own faculty if the majority of the
faculty are in favor of such action.
G. Selection of Research Director – The Director of each Research unit will normally
be selected from among the faculty of the unit on a triennial basis by majority vote
of the faculty. This does not preclude the unit from hiring a Director from outside
its own faculty if the majority of the faculty are in favor of such action.
H. Files and Correspondence – All correspondence, files and materials related to the
candidates will be sent directly to, and stored in, the Human Resources Office. The
Human Resources Office will provide meeting space and immediate access to all search
materials to all members of the Committee. The Human Resources Office will monitor
the search process to assure that all timelines are met and that all necessary correspondence
is affected in a timely fashion.
The Board shall appoint the President. The President, on the recommendations of appropriate
administrators and guided by the recommendations of Search Committees, shall appoint
administrators, such as may be necessary to fulfill the mission and purposes of the
University.
All administrators play important roles in the initiation, formulation and enforcement
of University policies promulgated by the Board of Regents. Administrators are expected
to monitor the implementation of policies affecting their respective areas of responsibility
and to recommend modifications or deletions in order to improve operational efficiency
and services, fiscal management, and community relations of the University.
Individually, administrators are accountable for the proper performance of duties
required of their position and in accordance with established institutional policies
and statutory requirements.
Notwithstanding the difference in their individual roles, they should recognize that
collegial and professional discourse is essential not only for harmonious administrative
relationships within the University organization, but also for an orderly attainment
of the goals and missions of the University and for the solution of administrative
problems. Administrators must be customer focused and recognize that students are
at the center of the mission of the University and our purpose is to serve them and
support those with direct student contact.
Appointments to all administrative positions shall be based on the individual's academic
and professional work experience and performance.
Candidates for academic administrative positions at the associate Dean's/Director’s
level and above should have an earned doctorate and should have demonstrated major
accomplishments in the areas of instruction, research, or services sufficiently great
to merit an academic rank at the senior professional level.
Candidates for all academic administrative positions must have at least an earned
master's degree and should have demonstrated major endeavors sufficiently great to
merit an academic rank at the junior professional level.
Candidates for non-academic administrative positions should have at least an earned
master's degree; however, individuals without a master's degree may be appointed at
the discretion of the President if they have gained superior professional skills via
special training and/or experience. All administrators serve at the pleasure of the
President and shall be compensated in accordance with the administrative salary schedule
established by the Board of Regents. The President serves at the pleasure of the Board
of Regents and shall be compensated as established by the Board of Regents.
A person selected for an administrative position from outside of the University of
Guam can be placed in one of three categories:
· administrator appointed without concurrent faculty rank;
· administrator appointed with concurrent faculty rank, without faculty retreat entitlement;
· administrator appointed with concurrent faculty rank, with retreat entitlement.
The placement in any of the above categories will depend on a combination of the following
criteria:
· the academic credentials, teaching and research experience of the candidate;
· (b) the extent to which the administrative appointment requires prior university reaching
and research experience;
· (c) the projected availability of an appropriate faculty position at the termination
of the candidate's administrative assignment.
If the Search Committee for an administrator's position wants to recommend faculty
rank with or without retreat rights, it must request a recommendation from the appropriate
unit of the university. The request must be submitted by the Search Committee to the
division/department Chair of the unit in which faculty status is sought. The request
will be evaluated by the division/department Chair and faculty, by the Dean and the
Senior Vice President, Academic & Student Affairs, with the University President making
the final recommendation to the Board of Regents. In determining rank, the current
Faculty Hiring Schedule shall be followed.
Current holders of administrative positions who have not been given concurrent rank
at the time of hiring can request a review to determine the appropriateness of their
being granted concurrent rank with or without retreat rights. The request must be
submitted through the immediate supervisor to the division/department Chair of the
unit in which he or she seeks faculty status. The request will be evaluated by the
division/department Chair and faculty, by the Dean and the Senior Vice President,
Academic & Student Affairs, with the University President making the final recommendation
to the Board of Regents. The criteria listed above, and the current Faculty Hiring
Schedule, will be applied in considering a current administrator's faculty status
review.
This policy implements a system of recruitment and selection of University classified
employees in accordance with the merit system principles and Equal Employment Opportunity
guidelines.
A. Recruitment of persons for employment in the classified service within the University
shall be accomplished consistent with the merit principles of recruiting applicants,
and advancing employees on the basis of their relative knowledge, abilities and skill.
B. A person may be employed in the classified service contingent upon the availability
of a grant, local funds, federal program or federal funds. An appointment in the
classified service may be commensurate with the duration of a grant, federal grant,
federal program or federal funds including renewals and extensions (Title 4 GCA, Chapter
4, Subsections 4103 (g)).
C. A person may be employed in a professional level position in the classified service
for a specific project or program. An appointment in the classified service may be
commensurate with the duration of a specific project or program (Title 4 GCA, Chapter 4, Subsection 4103 (h)).
A. No person shall be appointed to, or employed in, or paid for service in any classified
position until that position has been established, funded, and allocated to its proper
class.
B. No person shall be allowed to begin work before such person submits an employment
application, is placed on the eligibility list as "eligible" for the position applied
for, and is certified, selected, and processed under University competitive examination.
This applies to all initial and promotional appointments. Exception to the establishment
and certification requirement may be made for transfers, demotions, and reinstatement
immediately after active military service and temporary appointments consistent with
these rules.
C. Competitive examinations shall also apply to the following:
1. Demotion to a position with Known Promotion Potential (KPP) within a class series;
2. Transfer to a position with KPP within a class series;
3. Reinstatement or reemployment to a position with KPP within a class series;
4. Appointment to a position with KPP within a class series.
D. All employees and applicants selected and offered employment with the University must
have a test for tuberculosis (skin or x-ray) performed and found free of communicable
diseases by a physician licensed to practice within a state or territory of the United
States prior to starting employment and annually thereafter. For retirement purposes,
physical examinations must be done within sixty (60) days from hire date (Title 4
GCA, Chapter 8, Section 8123(c)).
E. Applicants selected for and offered employment with the University shall undergo and
pass a mandatory Drug test and examination before hire date. Failure to submit to,
or pass such Drug test shall be grounds for rescinding the offer of employment, unless
the applicant is undergoing treatment through a rehabilitation program approved or
recognized by the Guam Behavioral Health and Wellness Center, in which case the applicant
must successfully complete the program within the prescribed time before being employed.
Certain employees occupying specifically designated sensitive position, referred to
as Testing Designated Positions (TDP), will be subject to random drug testing. A
list of TDPs will be identified by the University. (UOG Drugfree Workplace Policy
and Procedures, Section II SOP, Drug Testing).
A. Job announcements shall be posted for a minimum of ten (10) working days.
B. The Human Resources Office may post job announcements on a continuous basis. Notice
of the final closing of an announcement shall be sent to the original distribution list at least five (5) days prior to the final closing date
for receipt of applications.
C. The Human Resources Office may extend the period for receipt of applications. Announcement of an extension shall be disseminated
to the original distribution list for posting.
Refer to current Negotiated Agreement by and Between the Board of Regents (BOR or
Board) of the University of Guam (UOG of University) and the UOG Faculty Union, American
Federation of Teachers (AFT or Union)
1. The Dean, after approval by the Senior Vice President, Academic and Student Affairs,
shall inform the unit faculty in the discipline involved or the unit Director that
a position is vacant and that recruitment should begin. Absent extraordinary circumstances,
the Dean shall convene a search committee for new positions no later than the Spring
Semester. For other vacancies, the search committee shall be convened as soon as possible.
All budgeted positions shall be deemed certified for hiring purposes.
2. Procedures for establishing search committees can be found in the BOARD/UNION agreement.
3. The Dean/Director shall convene the search committee with a HRO representative present
for guidance and appoint the committee chair from the elected members. The deadline
for the search committee to submit their recommendation report to the Dean/Director
is 6 months from the date of the first meeting.
4. HRO provides the search committee with a draft faculty announcement template. The
search committee develops criteria (job specification/description) to include position
title, character of duties, start date, qualifications, and reasonable application
deadline (closing date) to go on the draft job announcement. Search committee works
with HRO to make sure language used on draft is consistent with other job announcements.
Search committee sends draft to Dean/Director for approval. Once HRO receives the
draft job announcement with the Dean/Director’s approval, HRO forwards the draft to
Senior Vice President, Academic and Student Affairs for review and approval. Once
approved by the SVP, HRO finalizes the job announcement for posting on HRO web site
and UOG Online Employment Portal (https://uog.peopleadmin.com/). HRO notifies Search Committee Chair of any changes by SVP prior to finalizing job
announcement for CHRO approval. HRO will post web ads on Chronicle of Higher Education,
Inside Higher Education, and HigherEdJobs.com and print ads on Pacific Daily News
and the Guam Daily Post using ads utilizing a blanket purchase order (by Fiscal Year).
5. All other preference to publish announcements is the responsibility of the College/Division
to process purchase orders to include price quotation to announce ad. The search committee
may request for assistance from HRO in posting ads in other vendors. Please be advised
that funding for these ads must come from the unit.
6. HRO sets up Search Committee's access to view applicant files on UOG Online Employment
Portal (https://uog.peopleadmin.com/hr). Search committee members who are new to the
portal will receive a system automated email with their username and temporary password.
HRO will distribute a tutorial on how to view the applicant files on the portal to
the search committee. Search committee members may request for a hands on training
session. For search committee members who already have access to the UOG Online Employment
Portal, they will use the same username and password. Search committee members who
are having issues with accessing the portal should contact HRO for assistance.
7. Search committee reviews all applications via the UOG Online Employment Portal (https://uog.peopleadmin.com/hr).
8. Search committee should exercise due diligence in searching through online on prospective
candidates’ (for interview) backgrounds, and possible news stories that cause pause
for further consideration or may prompt a question to include as a line of inquiry
during the interview process. Chair must notify all candidates of their status at
different stages of the search process.
9. Search committee provides a "short list" of most qualified applicants to be interviewed
to HRO. With the search committee’s concurrence, HRO sends non-selection emails to
those not short-listed for a timely interview.
10. Applicants to be interviewed should only include those who submitted all required
documents stated in the job announcement. Otherwise, the search committee chair should
notify candidates to immediately submit missing documents.
11. Search committee submits interview questions to HRO for review/approval. HRO will
forward questions to the EEO Office for concurrence.
12. After the interview questions are approved by the HRO and EEO, the search committee
chair will coordinate with the EEO Office for an available EEO Counselor for the scheduled
interview dates/times. Due to the availability of the EEO Counselors, interviews must
be scheduled on normal business days and during business hours (Monday to Friday,
8:00 a.m. to 5:00 p.m.) and cannot be scheduled on GovGuam Holidays. Once an EEO Counselor
is confirmed, the search chair can contact the short-listed candidates for interviews.
The confirmed interview schedule should be submitted to the EEO Office and HRO and
should include applicant name, date, time, and interview location. The search chair
will advise HRO and the EEO Office of any changes to the interview schedule.
13. The search chair will coordinate with Telecommunication and Distance Education Operation
(TADEO) to setup up the video recordings for the interviews and on setting up the
dropbox link for the short-listed applicants to use to upload their teaching demonstration
video.
14. Prior to conducting off-island interviews, search committee members must be briefed
by the EEO Office. This ensures compliance with EEO guidelines, including informing
interviewees of the official nature of the interview. Search committee chair must
follow-up with EEO Office to ensure an EEO Counselor is present at interviews. Search
committee chair introduces the interview panel prior to the interview. The EEO counselor
is introduced as a non-voting panel member.
15. TADEO will send the links to the interview recordings and teaching demonstrations
to the search chair.
16. Search committee chair prepares a final report within six (6) months of the committee's
initial meeting. The final report is based on the decision among the search committee
to include:
a. The names of candidates who have been interviewed with their strengths and weaknesses.
NOTE: As per the SVP, submission of only one name, from among several interviewed,
will be rejected. The President must be able to review from among alternatives.
b. The committee's rank order and recommendations for hiring of the three most highly
ranked applicants.
c. Copies of application materials from the three most highly ranked applicants for the
position.
d. Recommended academic rank and salary step to be offered for all recommended candidates.
e. Completed Faculty Rank/Step/Salary Worksheet for all recommended candidates.
f. Video recordings of the interview recordings for all recommended candidates.
g. Video recordings of the teaching demonstrations for all recommended candidates.
17. Search committee chair completes EEO Position Application Summary (PAS) and forwards
completed form to EEO Office.
18. Search committee members and/or Dean/Directors are to complete reference checks for
the recommended short-listed candidates and include them with the recommendation packet.
19. Search chair will forward links to the interview recordings and teaching demonstrations
to their respective Dean/Director.
20. Dean/Director reviews and approves the final (recommendation) report. As part of
his/her review, Dean/Director prepares a recommendation memo. The memo shall include the following:
a. Dean/Director's review of Search Committee's report; He or she may concur with
b. Search Committee's recommendations or make his/her own recommendation.
c. List of strengths and weaknesses of the top three candidates.
d. Rank order and recommendations for hiring.
e. Recommended academic rank and salary step to be offered for all recommended candidates
(to include Search Rank/Step/Salary Worksheet).
21. Absent extraordinary circumstances, within six (6) months of the initial meeting of
the committee, a final report of the search committee shall be submitted by the Chair
to the Dean via the Director when applicable. This report shall include copies of
the application materials from the three most highly ranked applicants for the position,
with a listing of the strengths and weaknesses of the three candidates, the committee’s
rank order and recommendations for hiring, including recommended academic rank and
salary step to be offered. Fewer names may be submitted if fewer than three have applied
or are qualified. If the committee has not reached consensus on hiring recommendations,
minority reports may be appended and duly considered. In the event none of the candidates
are acceptable to the committee, or if none accept the position, the committee will
resume its search under a new six-month timeline. The Dean shall review and forward
the report along with his or her own recommendation within five (5) business days
to the Senior Vice President, Academic and Student Affairs.
22. Dean/Director's memo and the search committee's analysis and report is forwarded to
HRO for review and the CHRO's concurrence. HRO prepares the personnel action
(UG1), Offer Letter, and the Employment Agreement for the selected candidate. The recommendation packet is forwarded to the SVP, Legal Counsel, and the President for review and approval. HRO sends non-selection emails to candidates who were not shortlisted via the UOG Online Employment Portal AFTER Dean's memo is submitted to the SVP and President.
(UG1), Offer Letter, and the Employment Agreement for the selected candidate. The recommendation packet is forwarded to the SVP, Legal Counsel, and the President for review and approval. HRO sends non-selection emails to candidates who were not shortlisted via the UOG Online Employment Portal AFTER Dean's memo is submitted to the SVP and President.
23. Search committee chair follows-up with Dean/Director on approval or rejection of recommended
candidate(s).
If the Senior Vice President, Academic and Student Affairs, concurs with the recommendation
for hiring, then she will indicate her/his concurrence on the Dean/Director’s memo
request to hire and forward the recommendation packet to the President’s Office. If
the SVP does not concur with the recommendation, the recommendation packet will be
returned to Dean/Director. The Dean/Director will confer with their committee on whether
to revise their recommendation of the search.
24. In the event none of the three candidates are acceptable to the administration, or
if none of the candidates accept the position, the committee shall resume its search
under a new six-month timeline. The Dean/Director will inform HRO that the position
and a new search will commence. HRO will send notification emails to the remaining
candidates that the position will not be filled at this time.
25. The President's Office forwards the approved recommendation packet to HRO. HRO advises
Dean/Director of the President’s approval to hire. Dean/Director may contact the selected
applicant and advise them of their selection or have HRO inform them on their selection.
26. HRO submits employment agreement to the Business Office for certification of funds.
27. Once HRO receives employment agreement from Business Office. HRO emails offer letter
and employment agreement to selected candidate with a copy to the Dean/Director.
28. If the selected candidate does not accept the job offer, then the next candidate recommended
will be offered the position.
29. Candidate has seven (7) calendar days upon receipt to sign and email the Employment
Agreement to HRO; otherwise, the offer is declared null and void. The President may
approve an extension of this deadline. Original Employment Agreement, signed by candidate,
must immediately be submitted via air mail to HRO.
30. Search committee chair follows-up with Dean/Director on acceptance by candidate.
Once the selected candidate sends the signed Employment Agreement, HRO sends non-selection
emails to remaining candidates via the UOG Online Employment Portal.
31. Upon receipt of signed Employment Agreement, HRO prepares and requests for Travel
Authorization Form (for travel and shipment of household goods and effects) and routes
forms to Business Office for certification of funds, appropriate Vice President and
President for approval. College/Unit assigns a faculty sponsor for new employee.
Completed documents are provided to local moving company for coordination of shipment
of household goods and effects.
32. HRO will coordinate hotel and rental car arrangements for new recruit and his/her
family (if applicable) if new recruit is an off-island hire.
33. New employee completes in-processing at HRO.
Procedures for hiring in this category will follow the guidelines established for
Tenure Track Faculty with the following exceptions:
1. By action of the Senior Vice President, Academic and Student Affairs, upon recommendation
of the appropriate Dean, any aspect of the search process for non-tenure track faculty
may be waived or altered to benefit the University’s hiring needs, while maintaining
conformance to the BOARD/UNION Agreement. (See Article XI. A. 3. Emergency Hire Faculty
of the BOARD/UNION Agreement)
2. Travel arrangements: Absent extraordinary circumstances, faculty hired in non-tenure
track positions for one (1) year are not given travel or moving expense compensation. Faculty hired in non-tenure track positions for two (2) years shall
be compensated for travel expenses for the applicant and the applicant’s spouse and
children under the age of 18 from the point of hire by the least expensive air route.
Faculty hired in non-tenure track positions for three (3) years will be entitled to
compensation for travel and moving expenses at the same rate as faculty hired in tenure
track positions.
1. The appropriate Dean, after consultation with the appropriate faculty unit, shall
recommend a name, rank and salary schedule step to the Senior Vice President, Academic
and Student Affairs. Dean sends memo to HRO first for concurrence and to prepare UG1.
HRO will send UG1 to SVP.
2. Upon concurrence by the Senior Vice President, Academic and Student Affairs, of the
recommended person, their recommended rank and step, the UOG HRO shall submit a completed
UG-1 to the President via the Human Resources Office. A copy shall also be sent to
the Business Office, and the appropriate Vice President. The Dean shall at the same
time request that the Human Resources Office provide the candidate with a packet of
employment information.
3. Upon the new faculty member’s arrival on campus, the new faculty employee needs to
be onboarded and the UG-1 shall be signed by the faculty member and a representative
of the Human Resources Office and submitted to the Payroll Office. The signature of
the Human Resources Office representative signifies that all initial processing is
complete.
2. The hiring college/program Dean/Director will work with the appropriate unit to identify
an appropriate sponsor for the new recruit. Care needs to be taken in the selection
of this “sponsor” i.e., choose someone who will “sell” the island of Guam and the
University of Guam.
3. The “sponsor’s” mailing address and phone number will be provided to the new faculty
member by the Dean after the employment agreement has been signed.
4. Once the prospective recruit has made a decision to join the faculty, the “sponsor”
assists by inquiring about housing needs, meeting the new faculty at the airport,
and showing the new faculty around the island and around the campus. Basic information
such as where to go shopping, information on the bus system, clinics, how to sign
up for utilities, and where to buy a car can be incorporated into this friendly introduction
to Guam by a “sponsor.” For local hires, the system can be modified to focus more
on getting acquainted with the university community, who’s who in the college, with
operating procedures, etc.
5. See New Administrator/Faculty Benefits for more information on benefits offered to
these new employees.
Requests for reappointment shall be made to the appropriate Administrator. The appropriate
Administrator will remind Faculty members of the need to apply for reappointment,
but the ultimate responsibility for requesting reappointment rests with the Faculty
member. Faculty reappointment evaluations will be completed in the fourth consecutive semester of service.
1. Faculty hired in August on three-year tenure-track contractual appointments, must
request reappointment by January 30 of the fourth consecutive semester of their contract
period.
2. Faculty hired in January on three-year tenure-track contractual appointments, must
request reappointment by August 30 of the fourth consecutive semester of their contract
period.
After appropriate evaluation, recommendations for renewal of appointment shall be
forwarded to the President via the Senior Vice President, Academic and Student Affairs
and unit Dean.
Policies and procedures for renewal of employment for Non-tenure Track Faculty are
found in the BOARD/UNION Agreement.
A description of the Faculty’s general responsibilities can be found in the BOARD/UNION Agreement.
The University believes that it is important for its employees to balance their work
and personal lives. With the various types of leave that employees may be entitled
to; employees have more flexibility in how they use their time off. The table below
indicates the leave type by employee classification at the University of Guam:
Employee Leave Table.
|
Employee Type |
Administrative |
Annual |
Sick |
Leave w/o Pay |
Leave Sharing |
FMLA |
|
Classified |
X |
X |
X |
X |
X |
X |
|
Non-classified/LTA Full Time |
X |
X |
X |
X |
X |
X |
|
* Non-classified/LTA Part Time |
|
|
** |
|
|
|
|
Administrators |
X |
X |
X |
X |
X |
X |
|
9-month Faculty |
X |
|
X |
X |
|
X |
|
12-month Faculty |
X |
X |
X |
X |
X |
X |
|
Student Employees |
|
|
|
|
|
|
* Leave accrual benefits for part time status, non-classified/LTA employees are dependent
on
their UG-1 or grant.
** It is possible for an LTA, Part-Time employee to be eligible for FMLA. Per Guam
law the employee must be employed for one (1) year and worked only a minimum of 1000
hours in the previous twelve (12) months before leave.
The University of Guam (UOG) Leave Application Form is designed for leave request.
UOG employees eligible for leave can get this form from the Business Office website under Payroll Forms or from your immediate supervisor.
· Please discuss your leave plans with your immediate supervisor prior to submitting
your leave application.
· Requests for leave shall be submitted and approved at least 48 hours in advance of
the requested leave.
· Make sure that you have adequate leave before submitting your leave application. You
can always login to your WebAdvisor account to verify your leave status.
When filling out the leave application take the time to read through the application
and enter information applicable to you.
1. In the NAME field enter your first name followed by your middle name or initial and your last
name.
3. Enter today’s date in the DATE field
4. For TYPE OF LEAVE REQUESTED choose the appropriate leave field and enter the number you are looking to use.
5. Take the number of hours from the TYPE OF LEAVE REQUESTED and apply it to the Hours field.
6. The FROM field is where you will enter the hour to commence your leave. You must include the
start date in the month, day, year format like as seen in the Leave Sample.
7. The TO field is where you will enter the hour that your leave ends on. You must include your
end date in the Month, Day, Year format like as seen in the Leave Sample.
8. In the REASON field simply indicate for what reason you are taking leave
9. The Pay Period Ending (PPE) falls on the Saturday after the GovGuam payday week. Enter the PPE date
that corresponds with your leave date. Please inquire further you’re your supervisor
on the PPE date.
10. Sign your name in the SIGNATURE OF EMPLOYEE field and submit the leave application to your immediate supervisor.
Administrative leave is granted for an authorized absence from the employee’s regular
place of employment while engaged in an official assignment for, or on behalf of,
the University.
A uniform and equitable system where employees may be reasonably excused from work
for rest, recreation, health, education, welfare and other purposes without an appreciable
decrease in the productivity of and services provided by the University.
Service years annual leave accrual schedule per bi-weekly pay period for eligible
employees are as follows:
Employee Annual and Sick Leave Accrual Table.
|
Service Years |
Accrualsrs Accrued |
|
Less than five (5) years |
Four (4) hours (one-half day) |
|
Five (5) years but less than fifteen (15) years |
Six (6) hours (three-fourths day) |
|
Fifteen (15) years or more |
Eight (8) hours (One day) |
Employees entitled to annual leave hereunder may accumulate up to three hundred twenty
(320) hours. Any annual leave earned by eligible employees in excess of three hundred
twenty (320) hours shall be credited to such employee’s accumulated sick leave, provided,
that no more than one hundred (100) hours shall be credited to sick leave at the end
of each fiscal year. The determination of accumulation of annual leave, and crediting
of excess hours sick leave, shall be done at the end of each fiscal year.
Eligible employees shall accrue sick leave with pay at the rate of four (4) hours
each biweekly period in which they are on pay status.
Unused sick leave may be accumulated and carried over to succeeding leave years without
limitation.
The employee is compelled to be absent from duty on account of physical or mental
illness; injury; mental health examination, counseling or treatment; pregnancy; childbirth;
medical, dental or optical examination or treatment; or because of quarantine due
to his own or another’s illness.
The employee is compelled to be absent from duty to provide health care for a member
of the employee’s immediate family as a result of serious illness or injury.
Serious illness or injury means an urgent condition that is certified by the attending
physician as requiring hospitalization, institutionalization, or extended home care
in which the person needs the constant administration of special medical care or support.
Immediate family member means the employee’s spouse, common law, parents, parents-in-law,
grandparents, brothers, sisters, children, grandchildren, any step or adoptive parents,
adopted children or grandchildren of both the employee and the spouse, a guardian
or person in loco parentis.
[Title 4 Guam Code Annotated, Chapter 4, §4108]
A government of Guam employee who has been summoned for jury service, in any court
of Guam, shall submit a jury duty leave request. Upon completion of jury service,
the employee shall submit a signed attendance certificate from the Clerk of Court,
showing the time devoted to the jury service, and he or she shall pay to the University
a sum equal to the fees (excluding allowance for mileage and subsistence) allowed
him or her for jury service during the pay period concerned.
Absence for jury service shall normally be paid but if the employee fails to submit
the certificate of attendance or to pay the University the jury service fees received,
absence for jury service shall be charged as annual leave.
If the employee is not entitled to annual leave or has no such leave accrued, absence
for jury service shall be charged as leave without pay. [Title 4 Guam Code Annotated, Chapter 6, §6505]
Every voter shall be entitled, on the day of every election at which he or she is
entitled to vote, to absent himself or herself from any service or employment in which
he or she is then engaged or employed for two (2) consecutive hours between the time
of opening and the time of closing of the polls. The voter shall not be liable to
any penalty, nor shall any deduction be made on account of such absence, from his
or her usual salary or wages, nor shall the voter be suspended or discharged from
his or her service or employment. Any violation of this provision shall be reported
to the Guam Department of Labor for enforcement and may subject an employer to pay
a fine.
A voter who unilaterally absents himself or herself from employment for the purpose
of voting shall provide to his or her employer evidence from GEC that he or she had
voted during the hours of his or her absence. [Title 3 Guam Code Annotated, Chapter
9, §9125]
An employee, upon request, shall be granted two days of excused absence with pay,
and without charge to leave upon the death of any member of the employee's immediate
family.
Each employee requesting bereavement leave due to a death in the immediate family,
shall submit a request to the appointing authority stating the name of the deceased
and the relationship to the deceased.
Family member means any of the following: (1) a spouse of an employee; (2) the biological,
adoptive, foster, or stepparent or legal guardian of an employee or the spouse of
an employee; (3) the biological, adoptive, foster, stepchild or legal ward of an employee
or the spouse of an employee; (4) a person with whom an employee was or is in a relationship
of in loco parentis; (5) a sibling of an employee; or (6) a person within one degree of consanguinity
or affinity. [Title 22 Guam Code Annotated, Chapter 3, §3603(e)]
A regular faculty member or administrator who has served the University for at least
three (3) years may be granted a one-year educational leave without pay, for the specific
purpose of pursuing education at an accredited university, and subject to the following:
A faculty member shall apply to his or her unit Chair who shall make a recommendation
to the College Academic Affairs Committee and to the Dean/Director. The application
for educational leave shall be made on the prescribed form. The College Academic Affairs
Committee shall make its recommendation to the Dean/Director. All leaves favorably
endorsed by the Committee and the Dean/Director shall be forwarded to the Senior Vice
President, Academic and Student Affairs, for action.
Educational leave shall normally not exceed one (1) calendar year. Requests for extension
of the leave shall be made to the unit Chair and shall be approved by the Dean or
Director and the Senior Vice President, Academic and Student Affairs. No extension
beyond one additional year shall be granted.
The participant shall provide the unit Chair, the Dean or Director and the Senior
Vice President, Academic and Student Affairs, periodic academic reports. A participant
shall agree to be employed at the University for a period of one (1) academic year
for each semester of educational leave taken.
Administrators shall apply for Educational Leave through their supervisor and the
appropriate vice president shall approve the leave.
The participant is responsible for the cost of training, living expenses and transportation
and the granting of educational leave does not in any way obligate the University
to provide any kind of financial assistance.
Faculty members and administrators who have been granted educational leave will not
be eligible for sabbatical leave for a period of two years subsequent to their return
to the University after educational leave. [UOG Board Resolution 00-02]
Emergency Leave with pay may be authorized for the convenience of an employee in an
emergency situation involving the illness or death of the employee’s parent, spouse,
child, brother or sister. Emergency leave shall be for not more than five (5) business
days. For the purpose of this section, travel time shall not be included in the computation
of off-island emergency leave. In extraordinary circumstances, emergency leave may
also be granted for an emergency situation involving the illness or death of someone
other than the employee’s parent, spouse, child, brother or sister when approved by
the appropriate administrator. University employees may extend emergency leave by
choosing to use either accrued annually sick leave or leave without pay. [UOG Board
Resolution 00-02]
Leave without pay for one academic year for faculty members on an academic year appointment
and one calendar year for administrators or faculty members on a calendar year appointment
may be granted for temporary service to Government agencies. Extensions may be granted
upon request, but the maximum total leave may not exceed two years.
Such service is recognized as part of the service mission of the University. Leave
may not be granted, however, if it would jeopardize on-going programs of the University
or create undue hardships for students.
The period of leave shall count for the purpose of salary increments but not for the
service time required toward promotion and tenure.
Employees shall submit the request to the appropriate Chair or administrator, or in
the case of administrators, to the appropriate Vice President with adequate notice
prior to the date of departure. Once the leave has been granted the University shall
have no re- employment obligations during the period of the requested leave if the
employee is unable to complete the term of assignment. A final report, which describes
the accomplishments and experience gained, shall be submitted to the appropriate Vice
President within thirty (20) business days after the employee’s return to the University.
[UOG Board Resolution 00-02]
An employee of the University who is a parent shall be granted administrative leave
for the purpose of child school-related activities. School related activities include
but are not limited to: finding, enrolling or re-enrolling an employee's child in
a school or with a licensed child care provider, meeting with a teacher or other school
official concerning the child's performance, volunteering parental-involvement time
at the child's school, or to participate in activities of the school or licensed child
care provider of the employee's child, including attendance at a graduation, school
play, school fair.
The employee may use up to a maximum of four (4) hours every two (2) pay periods of
administrative leave for child school-related activities, which may be utilized at
the arrangement of the employee with the employee's supervisor and may be split into
smaller separate segments over the two (2) pay period time frame, but shall not carry
over to the next two (2) pay periods or thereafter. [Public Law 34-85]
Parent means a parent, guardian, stepparent, foster parent, or grandparent of, or
a person who stands in loco parentis to, a child.
Child (plural: children) (a) Child means a biological, adopted, or foster child, a
stepchild, a legal ward, or a child of a person standing in loco parentis. A child
shall be either of the following: (1) under eighteen (18) years of age; or (2) an
adult dependent child.
Child care provider or school emergency means that an employee’s child cannot remain
in a school or with a child care provider due to one (1) of the following: (A) The
school or child care provider has requested that the child be picked up, or has an
attendance policy, excluding planned holidays, that prohibits the child from attending
or requires the child to be picked up from the school or child care provider; (B)
Behavioral or discipline problems; (C) Closure or unexpected unavailability of the
school or child care provider, excluding planned holidays; or (D) A natural disaster,
including, but not limited to, fire, earthquake, or flood. [Title 22 Guam Code Annotated,
Chapter 3, Article 7]
Leave without pay for not more than one academic year for faculty members on academic
year appointment and not more than one calendar year for administrators or faculty
members on a calendar year appointment may be granted for valid reasons.
The period of leave taken without pay (except educational leave) shall not count for
the purpose of salary increments and for the service time required toward promotion
and tenure unless specifically approved in advance in writing by the appointing authority.
Leave without pay may not be denied for:
a. Disabled veterans, if necessary for medical treatment.
b. Members of Reserve Components of the U.S. or Territorial Armed forces, if necessary
to perform military training duties.
Approved administrative and University-paid leave shall be counted for purposes of
computing years of service and shall not suspend the timeline for computing years
of service. Leaves of absence without pay for one semester or more, may count as service
toward tenure if the Senior Vice President gives prior written approval. If approved,
the timeline for computing years of service toward tenure shall not be suspended.
Otherwise, the timeline for computing years of service is suspended. (Faculty member
is considered for tenure through self-application)
A. Employees may request leave without pay for good cause when their current authorized
annual or sick leave with pay will not cover the total period of requested leave.
Leave without pay may be granted for a period not to exceed one year by the President.
For extenuating circumstances, the President may extend the leave without pay for
an additional year. No extension may be granted thereafter.
B. When an employee is on leave without pay status, accrual of sick, annual, or
retirement credit is not allowed.
Leave without pay is temporary non-pay status and absence granted in response to an
employee's request. Leave without pay covers only those hours, which an employee would
otherwise work or, for which he would be paid.
A. Authorizing leave without pay is a matter of administrative discretion. An employee
cannot demand that he be granted leave without pay as a matter of right, except in
the case of:
1. Disabled veterans who are entitled to leave without pay, if necessary, for medical
treatment; and
2. Members of the Reserve Components of the U.S. Armed Forces who are entitled to
leave without pay, if necessary, to perform military training duties.
B. An employee who does not have adequate annual or sick leave credits may submit
a written request for leave without pay to his supervisor, which requires the final
approval of the President. The employee's request should indicate the reasons and
the need for leave without pay and the date employee intends to return to duty from
leave.
A. Each request, for extended leave without pay, should be evaluated carefully to
assure that the value to the University or the serious needs of the employee is sufficient
to offset the costs and administrative inconveniences to the University which results
from the retention of an employee in a leave without pay status. Among these costs
are:
1. Encumbrance of a position;
2. Loss of services which may be needed in the organization; and
3. Obligation to provide active employment at the end of the approved leave period.
B. As a basic condition for approval of extended leave without pay, there should
be reasonable expectation that the employee will return to work at the end of the
approved period. In addition, it should be apparent that at least one of the following
benefits would result:
1. Increased job ability.
2. Protection or improvement of employee health.
3. Retention of a desirable employee.
4. Furtherance of a program of interest to the University.
5. Other reason as judged beneficial or in the best interests of the University
by the
President.
The following examples of types of cases are not all inclusive for which approval
of extended leave without pay would be proper, all other factors being favorable,
are:
A. For educational purposes, when the course of study or research is in line with
a type of work which is being performed by the employee, and completion of which would
contribute to the University's best interests.
B. For the purpose of recovery from illness or disability, not of a permanent or
disqualifying nature, when continued employment or immediate return to employment
would impact on the employee's health, or the health of other employees.
C. For the purpose of caring for a child upon birth or adoption.
D. For the purpose of providing care to a spouse or child who is ill or disabled
or to provide care to elderly parents or parents-in-law.
A. Any classified employee of the University, except an employee who is employed
in a temporary position, who is drafted, who volunteers for active military service,
or who is ordered to active duty consistent with of Title 4 GCA Section 6218, shall
be granted limited leave without pay, beginning the date of induction and, not to
exceed a period of four years of military service. Active military service includes
active duty with the U.S. Army, U.S. Air Force, U.S. Navy, U.S. Marine Corps, U.S.
Coast Guard, National Guard of Guam or other services as provided by Guam law. Such
leave of absence shall be verified by official orders or appropriate military certification,
which shall be filed in the employee's personnel record.
B. During such leave of absence, the employee shall be entitled to retain the same
rights and privileges as an employee granted leave without pay in accordance with
these rules.
C. All unused leave benefits shall be retained by the employee, whom shall have the
same credited to the employee's record upon return to his assigned position consistent
with of Title 4 GCA Section 6218.
D. Upon termination under honorable conditions of such active duty, the employee
shall be entitled to reinstatement in his previous position provided the employee
shall notify his immediate supervisor, the President for reinstatement within ninety
(90) days after discharge pursuant to Title 4 GCA, Chapter 6, Section 6218(d).
E. If the employee volunteers for an additional tour of military duty, the employee
shall forfeit the right to return to the position.
Eligible employees (full-time classified or full-time non-classified) who become parents
by reason of birth, adoption, or official foster placement shall be entitled to leave
of twenty (20) business days encompassing the date of childbirth, adoption of a child(ren)
five (5) years old or younger, or official foster placement. [Title 4 Guam Code Annotated,
Chapter 4, §4107.1]
Pregnancy related medical leave shall be granted to an eligible female employee as
a result of pregnancy, childbirth, or medical conditions related to pregnancy or childbirth.
Pregnancy related medical leave shall consist of paid administrative leave not to
exceed ten (10) working days, encompassing the date of childbirth. [Title 4 Guam Code
Annotated, Chapter 4, §4107]
Under exceptional circumstances, the appropriate Vice President, after consultation
with the appropriate Dean and faculty, may authorize extended leave without pay up
to two years for employees to participate in research, lecture, or professional development
programs which serve the best interest of the University and which utilize outside
sources of funds for salary. Professional Development Leave is distinct from Educational
Leave. The period of leave taken shall count for the purpose of salary increment,
after appropriate documents are submitted and an evaluation has been done, and for
the service time required for promotion and tenure eligibility.
Employees shall submit the request to their department/unit Chair, the Dean or Director
and the Senior Vice President, Academic and Student Affairs, or, in the case of administrators,
to the appropriate Vice President, no later than six months prior to the date of departure.
Once the leave has been approved the University shall have no obligation to re employ
the faculty member on leave during the period of the requested leave if the employee
is unable to complete the term of assignment. A final report, which describes the
accomplishments and experience gained, shall be submitted to the appropriate Vice
President within thirty (30) business days after the employee returns to the University.
[Board Resolution 00-02]
*Click link for form and agreement
A sabbatical leave is intended for the mutual benefit of the University and the person
granted leave. Generally, the recognized purpose of a sabbatical leave is to:
1. Refresh and reinvigorate tenured faculty members, physically and academically, in
their own scholarly interests and those of the University; and
2. Encourage scholarly research that will enhance the stature of both the individual
and the institution; and
3. Improve, through appropriate activities, the academic qualifications and professional
competence of the faculty; and
4. Stimulate scholarly contributions of high caliber in the future.
A sabbatical leave may be approved subject to Chapter 4 of Title 4, Guam Code Annotated,
section 4110.2. University of Guam – Sabbatical Leave
“Academic employees of the University of Guam, all of whom are permanent residents
of Guam, may be given a sabbatical leave of absence upon completion of seven (7) consecutive
years of satisfactory teaching service. To be eligible for such sabbatical leave,
an employee must have obtained a graduate degree and tenure. Any accumulated regular
annual leave must be included within and taken at the same time as the sabbatical
leave. The University of Guam Board of Regents shall determine eligibility for such
leave and shall schedule the same in such a way as to not unduly interfere with or
disrupt the operations of the University of Guam.”
A sabbatical leave is a privilege and not an entitlement. A sabbatical leave is not
granted automatically. Each request shall include a detailed proposal of sabbatical
activity and expected benefits, as approved by the Dean/Director.
It is the responsibility of the faculty member to provide the Dean/Director with addresses
for correspondence and a timetable for specific accomplishments throughout the sabbatical
period sufficient to enable the Dean/Director to ensure that appropriate development
activities are in progress in line with the approved Comprehensive Faculty Evaluation
System (CFES) development plan.
Sabbatical leave may be authorized for an eligible member of the tenured faculty in
accordance with the following criteria, procedure, and conditions:
Tenured full-time faculty members are eligible for a sabbatical leave after seven
(7) years of consecutive full-time employment with the University. Application may
be made during the seventh year for a sabbatical during the eighth year, but applications
must be received no later than six (6) months before the requested date to begin the
sabbatical, absent extraordinary circumstances. Eligible academic employees must
serve an additional seven consecutive years as a full-time employee following a sabbatical
leave in order to be eligible to apply for another sabbatical. All requirements of
GCA Title 4, Chapter 4, section 4110.2 must be met.
Benefit to the University; benefit to the faculty member’s professional development;
length of creditable service and an approved plan of appropriate professional development
in accord with the Comprehensive Faculty Evaluation System. The Dean/Director must
approve the plan in writing.
An eligible faculty member desiring a sabbatical leave shall submit an application
to the Chair/Director of his or her division or Other Assigned Area. The Chair or
Director shall make his or her recommendation to the Dean of the College or the Assistant
Vice President for Graduate Studies, Sponsored Programs and Research. The Dean/Director
shall consider the application, consult with the College AAC, and forward a recommendation
to the Senior Vice President, Academic and Student Affairs, for action. A faculty
member whose application for sabbatical leave is not recommended by his or her Chair,
Director, or Dean may appeal the recommendation in writing to the Senior Vice President,
Academic and Student Affairs. The Senior Vice President’s decision is final.
1. Conditions
Sabbatical leave options and terms for faculty on academic year appointment (9 month)
shall be one semester (Schedule A), or for one academic year (two consecutive semesters)
using salary Schedule B. For those whose primary assignment is not teaching, sabbatical
leaves of one semester or less or between one-semester and 9 months may be granted.
Employees choosing sabbatical leaves of shorter duration than the maximum under either
salary option will forfeit the unused portion.
For faculty on 12-month appointments, the options and terms of the sabbatical leave
shall be six to twelve (6-12) consecutive months on salary Schedule B or zero to six
(0-6) months on salary Schedule A. Employees requesting sabbatical leaves of shorter
duration than the maximum under either salary option will forfeit the unused portion.
[Board Resolution 10-10]
|
Full time faculty |
Length of Leave |
Salary Scale Used |
|
Academic year (Nine-month) faculty |
One semester |
Schedule A |
|
Two consecutive semesters |
Schedule B |
|
|
Calendar Year (Twelve-month) faculty |
Less than 6 months |
Schedule A |
|
6-12 months |
Schedule B |
The employee continues as a full time University of Guam employee for the leave period.
Therefore, while on sabbatical leave, the employee shall not engage in gainful employment
unless approved by the appropriate supervisor and the Senior Vice President.
It is the obligation of the applicant to engage in appropriate professional development
and scholarly activities according to the approved plan and to make a detailed report
in writing, describing the work done and accomplishments realized during the sabbatical
leave, and to submit all supporting products to the Chair, the Dean/Director, and
the appropriate Vice President within twenty (20) business days after returning to
full-time duty with the University of Guam.
It is also the obligation of the employee to return to regular duties at the University
for at least one calendar year upon completion of the sabbatical leave, or to return
the salary received on sabbatical. [Board Resolution 10-22]
The purpose of the Leave Sharing Program is to provide assistance to employees who
need to take extended period of absence from their employment.
The employee, or a member of his family suffers from a medically certified incapacitation
due to illness, injury, impairment, or physical or mental condition which has caused,
or is likely to cause, the employee to go on leave for at least ten (10) consecutive
workdays.
Minimum of five (5) consecutive workdays, on a case-by-case basis and Final approval
and/or disapproval via Director of Administration.
Leave transferred from donors whose hourly rates of pay or salaries are LOWER than
the recipient shall be paid at the hourly rate or salary of the DONOR.
Leave transferred from donors whose hourly rates of pay or salaries are HIGHER than
the recipient shall be paid at the hourly rate or salary of the RECIPIENT.
Recipient must first exhaust all of his accrued annual and sick leave and compensatory
time for purposes of a medical emergency or personal reasons. MILITARY Reserves or National Guard call to active duty in excess of fifteen (15)
workdays.
NO LEAVE is to be transferred to another employee if intent is to use for credit towards
retirement or accumulated leave.
NO TRANSFER may be made of unused annual leave or sick leave to another employee in
exchange for any money, favors, or items of value.
Maximum of 1,680 hours (210 days): 90 workdays for 1st request; 90 days for 2nd request;
and possible 30 days for 3rd request. Required certification from the attending medical doctor that the recipient of the leave needs additional
time for medical treatment or recovery from a medical illness from the first, second
and third requests.
GovGuam Leave Sharing Program is applicable to classified, appointed, elected, and
unclassified positions, and all branches of GovGuam.
ALL approved and disapproved leave-sharing requests effective 10/1/2007 for medical
emergency reasons shall be forwarded to the Department of Administration, Human Resources
Division for compliance review purposes.
Application for the GovGuam Leave Sharing Program
The application for the GovGuam Leave Sharing Program can be downloaded off the UOG Human Resources Office webpage or from your immediate
supervisor.
a. Enter the employee names, the Recipient first and then the Donor.
b. Enter the Social Security Numbers for both employees.
c. Enter the Class Title (position titles) of the employees and the associated Pay
d. Grade/Step for each.
e. Enter each employee's Hourly Rate and Salary.
f. Enter each employee's Agency /Department and Division.
g. Enter the dates (From- To) for which the Donated Leave Period is to be used.
NOTE: These dates must not be for a prior period of time as the request must be approved
before leave can be taken. Also, enter the Total Hours to be used during this period
of time (identify hours of leave [sick and/or annual leave] donated).
h. Explain the appropriate medical emergency reason (employee or employee’s immediate
family member) for which this leave will be used. The Recipient employee must sign
and date the form
i. To receive leave, the requesting employee (Recipient) must obtain certification from
his/her agency/department Chief Payroll Officer/Authorized Designee on his/her leave
account and total donated leave sharing approved and paid to date in accordance with
the Leave Sharing Program.
j. To donating employee (Donor) must certify this request by signing, dating and indicating
total leave (sick and/or annual leave) hours donating on the form. In addition, the
Donor employee must obtain certification from his/her Chief Payroll Officer/ Authorized
Designee indicating the Donor has accrued the amount of leave to be donated in the
Donor's leave account.
Instruction for Recipient on the Required Documentation
1. The Recipient shall attach a copy of the medical certification by a licensed practicing
physician. (Employee or employee's immediate family member [certification must identify
immediate family member's medical condition, relationship to employee and timeframe
or time period).
2. Attach a copy of the approved Request for Leave (Form FCN 2-0-1). Note: Absence must
be for a minimum of ten (10) consecutive workdays for medical emergency reasons. To
donate leave hours, the Donor employee must obtain certification from his/her Chief
Payroll Officer/ Authorized Designee indicating the Donor has accrued the amount of
leave hours to be donated.
3. Recipient's Appointing Authority's printed name, position title and signature.
a. Enter the employee names, the Recipient first and then the Donor.
b. Enter the Social Security Numbers for both employees.
c. Enter the Class Title (position titles) of the employees and the associated Pay Grade/Step
for each.
d. Enter each employee's Hourly Rate and Salary.
e. Enter each employee's Agency /Department and Division.
f. Enter the dates (From -To) for which the donated leave hours are to be used.
NOTE: These dates must not be for a prior period of time as the request must be approved
before leave can be taken. Also, enter the Total Hours to be used during this period
of time (hours of leave donated).
g. Explain the appropriate personal reason (reasons authorized by leave sharing procedures)
for which this leave will be used. The Recipient employee must sign and date the form.
h. To receive leave, the requesting employee (Recipient) must obtain certification from
his/her agency/department Chief Payroll Officer/Authorized Designee, total donated
leave sharing approved and paid to date and the approval of the Appointing Authority
indicating the request meets all guidelines and is approved for acceptance of the
donated leave hours.
i. The donating employee (Donor) must certify this request by signing and dating the
form. To donate annual leave hours, the Donor employee must obtain certification from
his/her Chief Payroll Officer/ Authorized Designee indicating the Donor has accrued
the amount of annual leave hours to be donated.
j. Final approval for donated leave requests for personal reasons (other than medical
emergency reasons) is the Director of Administration. Upon approval/disapproval of
the request, the original and copy will be forwarded to the respective Recipient and
Donor's Chief Payroll Officer/ Authorized Designee, and the respective Appointing
Authorities/Timekeepers of both employees.
k. The Recipient shall attach some form of proof, e.g. notarized affidavit or other certification
to prove validity of request for a minimum period of five (5) consecutive workdays.
l. Attach a copy of the approved Request for Leave (Form FCN 2-0-1 - Government of Guam
Leave Form).
NOTE: Absence must be for a minimum of five (5) consecutive workdays for personal
reasons.
The Family and Medical Leave Act of 1993, as amended, (FMLA or Act) allows eligible
employees of a covered employer to take job-protected, unpaid leave, or to substitute
appropriate paid leave if the employee has earned or accrued it, for up to a total
of 12 workweeks in any 12 months (see Title 29 United States Code, Subtitle B, Chapter
V, Subchapter C, Part 825, §825.200(b)) because of the birth of a child and to care
for the newborn child, because of the placement of a child with the employee for adoption
or foster care, because the employee is needed to care for a family member (child,
spouse, or parent) with a serious health condition, because the employee's own serious
health condition makes the employee unable to perform the functions of his or her
job, or because of any qualifying exigency arising out of the fact that the employee's
spouse, son, daughter, or parent is a military member on active duty or call to covered
active duty status (or has been notified of an impending call or order to covered
active duty). In addition, eligible employees of a covered employer may take job-protected,
unpaid leave, or substitute appropriate paid leave if the employee has earned or accrued
it, for up to a total of 26 workweeks in a single 12-month period to care for a covered
service member with a serious injury or illness. In certain cases, FMLA leave may
be taken on an intermittent basis rather than all at once, or the employee may work
a part-time schedule.
Application for Family and Medical Leave
The application for the Family and Medical Leave can be downloaded off the UOG Human Resources Office webpage or from your immediate
supervisor.
2. Enter your college or unit in the DEPARTMENT field.
3. Enter your current address in the CURRENT ADDRESS. Mailing address is preferred.
4. In the START DATE OF ANTICIPATED LEAVE field enter the date for when the leave is to begin.
5. In the EXPECTED DATE OF RETURN TO WORK field enter the date for when you expect to return to work.
6. Once you have read through the NOTE and disclaimer write in your signature in the
EMPLOYEE'S SIGNATURE field.
7. Enter the date of the application submission in the DATE field and submit the completed application to your immediate Supervisor.
8. The Supervisor will sign their name in the SUPERVISOR field, if approved.
9. The Supervisor will then enter the date in the DATE field, if approved, and submit the application to the Department Administrator.
11. The Administrator will then enter the date in the DATE field, if approved, and have the application submitted to the UOG President.
12. The UOG President will sign their name in the PRESIDENT field, if approved.
13. The UOG President will then enter the date in the DATE field, if approved, and have the application submitted to the UOG President.
14. After the UOG President’s signed approval the application is forwarded to the UOG
Human Resource Office.
15. The Human Resource Office will then forward the application the UOG Payroll Office.
The employee will use this form for themselves or for a covered family member.
1. In the EMPLOYEE’S NAME field enter the employee’s first name followed by the middle name or initial and
last name.
2. For the PATIENT’S NAME field enter the covered family member or leave blank it the patient is the employee.
3. Enter a brief illness description in the DIAGNOSIS field.
4. In the DATE CONDITION COMMENCED field enter when the condition was diagnosed.
5. For the PROBABLE DURATION OF CONDITION field provide an estimate on the length of time of the condition.
6. Enter the type of treatments, visits, scheduled visits and all others listed in this
field.
a. Enter the name of the PHYSICIAN OR PRACTITIONER in this field.
b. In the BY ANOTHER HEALTH CARE PROVIDER, IF REFERRED BY PHYSICIAN OR PRACTITIONER field enter the name of the provider if the physician or practitioner made the referral.
*If the patient is the employee then continue with steps 7 through 9. If this is for
the employee’s covered family member skip to steps 10 through 17.
7. In the IS INPATIENT HOSPITALIZATION OF THE EMPLOYEE REQUIRED? field check YES or NO as appropriate.
8. In the IS THE EMPLOYEE ABLE TO PERFORM WORK OF ANY KIND? field check YES or NO as appropriate. If no then skip item 9.
9. In the IS THE EMPLOYEE ABLE TO PERFORM THE FUNCTIONS OF EMPLOYEE'S POSITION? field check YES or NO as appropriate.*If the patient is the employee’s covered family member complete items 10 through
17.
10. In the IS INPATIENT HOSPITALIZATION OF THE FAMILY MEMBER (PATIENT) REQUIRED? field check YES or NO as appropriate.
11. For the DOES (OR WILL) THE PATIENT REQUIRE ASSISTANCE FOR BASIC MEDICAL, HYGIENE, NUTRITIONAL
NEEDS, SAFETY OR TRANSPORTATION? field check YES or NO as appropriate.
12. For the AFTER REVIEW OF THE EMPLOYEE’S SIGNED STATEMENT field check YES or NO as appropriate.
13. The ESTIMATE THE PERIOD OF TIME CARE IS NEEDED OR THE EMPLOYEE’S PRESENCE WOULD BE BENEFICIAL field requires how much time is needed to care for the employee’s covered family
or what time of the day the employee will provide care to the covered family member.
15. The PHYSICIAN'S OR PRACTITIONER'S SIGNATURE is required in this field.
16. The Physician or Practitioner will enter the DATE when they signed the form.
17. The Physician or Practitioner will enter what field they specialize in.
1. In the NAME OF EMPLOYEE field enter employee’s first name followed by their middle name or initial and last
name.
2. In the DATE OF CONDITION BEGAN field enter the date for when the leave is to begin.
3. In the DATE CONDITION ENDED (OR IS EXPECTED TO END) field enter the date when the employee’s condition has healed.
4. Enter in the necessary information required in the MEDICAL FACTS REGARDING THE CONDITION field.
5. Enter in the necessary information required in the EXPLANATION OF EXTENT TO WHICH EMPLOYEE IS UNABLE TO PERFORM THE FUNCTIONS OF HIS
OR HER JOB field.
6. The health care provider will enter their signature in the HEALTH CARE PROVIDER SIGNATURE field.
7. The health care provider will enter the date of the signature in the DATE field.
8. The health care provider will enter their office contact number in the OFFICE PHONE NUMBER(S) field.
9. In the Medical Release section have the patient write their signature in the PATIENT'S SIGNATURE field and date in the DATE field.
1. In the NAME OF EMPLOYEE field enter employee’s first name followed by their middle name or initial and
last name.
2. Enter the covered family member’s name in the NAME OF ILL FAMILY MEMBER field.
3. In the DATE OF CONDITION BEGAN field enter the date for when the leave is to begin.
4. In the DATE CONDITION ENDED (OR IS EXPECTED TO END) field enter the date when the covered family member’s condition has healed.
5. Enter in the necessary information required in the MEDICAL FACTS REGARDING THE CONDITION field.
6. Enter in the necessary information required in the EXPLANATION OF EXTENT TO WHICH EMPLOYEE IS NEEDED TO CARE FOR THE ILL COVERED
FAMILY MEMBER field.
7. The health care provider will enter their signature in the HEALTH CARE PROVIDER SIGNATURE field.
8. The health care provider will enter the date of the signature in the DATE field.
9. The health care provider will enter their office contact number in the OFFICE PHONE NUMBER(S) field.
10. In the Medical Release section have the patient write their signature in the PATIENT'S SIGNATURE field and date in the DATE field.
Notice of intent to return from family and medical leave should be given to the supervisor
in writing at least two weeks in advance of the expected date of return. If an employee
wishes to return prior to the expiration of a family or medical leave of absence,
notification should be given to the supervisor at least five (5) calendar days prior
to the employees' planned return. Under extenuating circumstances, notice may be waived
by the supervisor.
1. In the NAME OF EMPLOYEE field enter employee’s first name followed by their middle name or initial and last
name.
2. Enter the Supervisor’s name in the SUPERVISOR field.
3. In the DATE LEAVE IS TO COMMENCE field enter the date for when the leave is to begin.
4. In the DATE OF PLANNED RETURN (AT LEAST TWO WEEKS ADVANCE NOTICE) field provide a return date to the employer.
5. For the EMPLOYEE'S SIGNATURE field the employee will sign their name, and DATE when they signed the form.
6. The health care provider will certify the employee can return to work and will enter
their signature in the HEALTH CARE PROVIDER SIGNATURE field and DATE when they signed the form.
The Chief Human Resources Officer shall establish and maintain a performance evaluation system for the fair and objective
appraisal of work performance of employees of the University. The performance evaluation
system may be used to (Title 4 GCA Chapter 4 and Chapter 6):
A. Improve individual performance.
B. Strengthen supervisor/employee relationships.
C. Recognize employee accomplishments and good work.
D. Identify job standards.
E. Identify training needs.
F. Grant or deny pay increments.
G. Determine order of layoffs.
H. Determine whether a probationary employee shall be given a permanent appointment.
I. Determine eligibility for promotion.
J. Determine whether disciplinary action is required.
A description of the Faculty load can be found in the BOARD/UNION Agreement.
The faculty and the administration of the University of Guam agree that successfully
fulfilling the University's mission depends on maintaining and developing a faculty
of high quality. Faculty evaluation is an essential part of that process. A Comprehensive
Faculty Evaluation System (CFES), shall be in place for use in the process of faculty
evaluation, promotion and tenure. Additional information on faculty evaluation, promotion
and tenure can be found in the BOARD/UNION Agreement.
The Comprehensive Faculty Evaluation System set forth below has been developed by
the Faculty Evaluation Committee utilizing information provided by those who will
be directly affected by its use — the faculty. It is important to underscore the fact
that this evaluation process is a tool, and like all other tools does not have a life apart from the people who use it.
The data generated by the evaluation process requires soundly reasoned interpretation within a framework
of basic fairness and professionalism. This system will provide a consistent conceptual framework for all types of faculty
evaluations.
[This document is held on the Procedure / Policy website]
One of the reasons for the existence of an evaluation process is to assist individual
faculty members in assessing their professional performance. Another is to provide
a clear picture of a faculty member’s performance based on a variety of information
evaluated by a number of people.
The information given by the measuring system will be used for three purposes: 1)
It will help identify effective faculty characteristics and practices; 2) It will
identify faculty areas of performance which may need improvement or further examination;
3) It will assist the University in developing a written, long-range plan for addressing
faculty development and remediation needs, and in making decisions about retention,
promotion, tenure, and salary increment.
When an area of performance is identified as deficient, it is the obligation of the
appropriate administrator and the faculty member to develop and implement a written
plan for improvement. The faculty member is expected to work energetically toward
improvement and the administrator is expected to provide the necessary guidance, counseling,
and support. Adverse actions will not be taken against any faculty member in relation
to academic performance without an adequate opportunity for improvement (at least
one year following the first notification of deficiency).
All faculty evaluations, including but not limited to increments, renewal of employment,
promotion, tenure, and post-tenure reviews shall be conducted by the process outlined
in this document.
1. Faculty members are professionals who desire to perform well. Thus, the evaluation
system is formative in nature and should be viewed as a positive experience for all
concerned. Anxiety about the instrument should be kept to a minimum.
2. Evaluation cannot be separated from faculty development. If faculty members are to
maintain, as well as improve performance, they may expect assistance from the University
administration.
3. Individual faculty members are most effective in contributing to the mission of the
University when they are able to specialize to some extent. Consequently, teaching,
creative/scholarly activity and research, service, and other roles are not necessarily
co-equal for individual faculty members. Therefore, the evaluation process recognizes
the multiple roles of individual faculty members by reflecting differing responsibilities.
The individual faculty member, the faculty work unit, and the appropriate administrator
will consult to determine the particular roles which will be evaluated and what weight
each role will carry in the total evaluation process. The agreed-upon weights, noted
as percentages, will be specified in writing and will form the framework within which
evaluation takes place.
4. While the faculty evaluation process will be used uniformly throughout the University,
it is not centralized to the extent that specific concerns and goals of each of the
colleges and divisions cannot be effectively reflected in the instrument.
5. It is recognized that any instrument of evaluation must be subject to modification,
adjustment, and perhaps major change. The Faculty Evaluation Committee will continue
to monitor and recommend improvements.
6. Approved instruments must be used to elicit routine student evaluations of teaching
in all UOG credit-bearing courses. These evaluations will be used as one of several
elements of evidence in this comprehensive faculty evaluation system and should be
looked at over time for each faculty member. Different evaluation instruments may
be used for workshops or non-credit courses and instruction.
7. Collegiality is essential to the effective and efficient operation of the University.
As a colleague and a member of the profession, the professional employee has obligations
that derive from common membership in the community of scholars and teachers. Collegiality
is the ability to work amicably with one’s associates. In the exchange of criticism
and ideas, the professional employee shows due respect for the opinions of others,
strives for objectivity in professional judgment of colleagues, and accepts an equal
share of responsibilities for the academic operation and governance of the University.
The faculty member promotes a climate in which the exercise of professional judgment
is encouraged. The faculty member recognizes that academic freedom brings with it
academic responsibility. For information and details concerning responsibilities in
this area refer to Policies Common to Administrators, Faculty and Staff, General Rights
and Responsibilities of this manual. Therefore, the faculty member accepts the obligation
to exercise self-discipline and critical judgment in using, extending, and transmitting
knowledge, and to practice intellectual honesty. All of this is a part of collegiality.
When evaluating any of the faculty roles, collegiality will also be considered in
relation to that role.
Employment and retention of persons on the basis of merit shall include an orderly
and systematic method of recruitment and the establishment of a list of qualified
applicants for employment purposes. Academic personnel are defined as faculty and
administrators.
An administrator is defined as one who holds any of the following positions:
President or Vice-President, Assistant or Associate to the President or Vice-president,
Dean, Associate or Assistant Dean or Director, Associate or Assistant Director, provided,
however, that nothing shall be construed as preventing the Board of Regents from establishing
other administrator positions or abolishing any of the existing positions.
Any condition of employment that is not otherwise legally available to all employees
similarly situated and that seeks to protect the position and/or salary of only certain
employees is prohibited during and after transitions in administrations.
[Board Resolution 01-04]
NOTE: The President shall appoint faculty and administrators. [Title 17 GCA, Chapter
16, §16108]
Appointment of non-academic personnel to be made by the Vice Presidents.
[Board Resolution 01-25]
Authority of the Board to establish overall policy guiding the University shall not
be diminished, the implementation of the expressed policy of the Board shall be vested
in both the Administrative Officers and the Faculty through the collegial instrumentalities
traditional in University affairs. [Title 17 GCA, Chapter 16, § 16108]
A. New positions or classes of positions may be created by the President and Chief Human
Resources Officer when necessary for the efficient performance of the duties and functions
of the University, in accordance with Title 4 GCA, Chapter 6, Section 6303. The petition
of the President and Chief Human Resources Officer shall include:
1. The justification for the new position;
2. The essential details concerning the creation of the position;
3. An analysis of the similarities and differences between the position to be created
and positions listed pursuant to Title 4 GCA, Chapter 4, Section 4101.1;
4. The position description;
5. The proposed pay range and demonstration of compliance with Title 4 GCA, Chapter 6,
Section 6301;
6. A fiscal note as that term is described in Title 2 GCA, Chapter 9, Section 9101 et
seq.; and any other pertinent information.
B. The petition shall be posted on the University’s website for ten (10) business days
(except Saturdays, Sundays and government of Guam holidays). After the posting, the
President and Chief Human Resources Officer shall forward the petition, along with
evidence of compliance with Title 4 GCA Section 6303.1, to the Board of Regents who,
if they approve the same, shall approve the petition by resolution and file the petition
and resolution for record with the Director, Department of Administration and the
Legislative Secretary.
C. No new position may be filled until after compliance with the provisions of this Section
and thirty (30) days have elapsed from the date of filing with the Legislative Secretary.
D. In accordance with Title 4 GCA, Chapter 6, Sections 6205, 6303 and 6303.1, when creating
a new position, transparency and disclosure shall include:
1. Prompt notice of the posting shall be provided to each newspaper of general circulation and broadcasting station which airs a regular
local news program within Guam. In this section “prompt notice” shall be defined
as no more than five (5) work days from the date of approval.
2. Petitions are public documents for the purpose of Title 5 GCA Chapter 10 Article 1
(Sunshine Law).
3. Any attempted creation of a position not in compliance with the provisions stipulated
above shall be void.
Important: NO interviews will be confirmed without the questions being approved by the Chief Human Resources
Officer and Director, EEO & Title IX / ADA Coordinator. While the questions are pending approval, HRO requests the following:
1. The Memo from the Dean/Director with the approved:
a. Search Committee Member Names for Faculty and Administrators Recruitment
b. Selection Interview Board for Staff Recruitment
2. Applicant Names
3. Date, Time, and Location for the Interview
4. Inform the Search Committee / Selection Interview Board Chair that we require at least
one (1) week advance notice for any scheduled interviews.
5. If there are any special deadlines impacting the search, the EEO/ADA & Title IX office
should be informed at least three (3) workdays so that extra measures can be taken
if necessary.
6. Any interview schedule provided will be considered a tentative schedule until the
questions are approved and an EEO Counselor is confirmed.
7. Generally, it is expected that the EEO/ADA & TITLE IX office will inform the Search
Committee / Selection Interview Board Chair within 2 working days if No EEO Counselor
is available for the expected interview schedule and should be able to offer alternate
dates based on the counselor’s availability.
8. While the questions are being reviewed, contact the counselors via email or phone
with the tentative schedule provided by the Search Committee / Selection Interview
Board Chair.
1. The Search Committee / Selection Interview Board Chair will forward the proposed interview
questions with the job announcement for that particular recruitment to the Chief of
Human Resources Officer (CHRO) for approval and then it is forwarded to the EEO/ADA
& TITLE IX/ADA Coordinator for concurrence. The EEO Office will email the approved
questions to HRO and HRO will forward them to the Search Committee / Selection Interview
Board Chair.
2. If there is a date that the Search Committee / Selection Interview Board Chair provided,
the Chair will inform the Director to expedite the approval of the questions.
3. Upon approval of interview questions, Selection Interview Board/Search Committee Chair
will make arrangements with EEO Office to secure an EEO counselor for scheduled interview.
*NOTE: Only approved questions shall be used during scheduled interview.
1. Request for the Search Committee / Selection Interview Board & Applicant names from
the following:
a. Search Committee Chair will provide the names & interview schedule for any Faculty
recruitment, Unclassified, and/or Administrator position to include RCUOG.
b. HRO will provide the following information names for any Classified positions:
· Selection Interview Board Names
· Applicant Names
· Date, Time, and Location
Classified staff are governed by the relevant policies below as well as:
· Title 4 Guam Code Annotated, Chapter 4, Public Officers & Employees.
· Board of Regents Resolution 03-17.
Grant and Externally Funded Positions are governed by:
• BOR Resolution No. 15-01, Relative to Adopting the University of Guam General Pay
Plan (UGPP) for Use with Grant and Externally Funded Positions.
Policy/Procedure Statement
This policy prohibits all forms of sexual misconduct, including but not limited to sexual harassment, sexual assault,
sex offenses, domestic violence, dating violence, stalking, and inappropriate amorous
relationships. Further, this policy expressly prohibits retaliation against an individual because of her/his good faith participation in the reporting, investigation, or adjudication of violations of this policy. University students and employees who violate this policy will face discipline up to and including expulsion or termination.
All members of the University Community must work together to prevent and eliminate
sexual misconduct at the University of Guam.
Reason for the Policy/Procedure
The University is committed to providing an inclusive and welcoming environment for all members of our community. The University values safety, diversity, education, and equity and is firmly committed to maintaining a campus environment free from all forms of sexual misconduct. Federal and local laws protect the University community from any act of sexual misconduct. Such acts violate the essential dignity of our community member(s) and are contrary to our institutional values.
Scope of Policy/Procedure and Exclusions
This policy prohibits sexual harassment, sexual assault, sex offenses, domestic violence, dating violence,
stalking, and inappropriate amorous relationships in any University workplace, educational program, activity, or service, which includes all academic, extracurricular, student housing, athletics, and other programs.
The policy applies to all students, faculty, staff, administrators, supervisors, employees, volunteers, and visitors to campus. This includes guests, patrons, independent contractors, or clients of the University.
This policy applies to all sexual misconduct that occurs on campus. It also applies to sexual misconduct that occurs off campus, including on-line or electronic conduct, where the conduct occurred in the context of an employment or education program or activity of the University, had continuing adverse effects on campus, or had continuing adverse effects in an off-campus employment or education program or activity, or that otherwise threatens the health or safety of a member of the University
community. Examples of covered off-campus conduct include University-sponsored study abroad, research, or internship programs.
Who Should Read this Policy/Procedure
The policy applies to all students, faculty, staff, administrators, supervisors, employees, volunteers, and visitors to campus. This includes guests, patrons, independent contractors, or clients of the University.
All employees shall undergo annual training on the prevention of sexual misconduct. New employees shall certify to their understanding of the University’s Sexual Misconduct
Policy before beginning employment.
Responsibilities
This policy is maintained by the EEO/ADA and TITLE IX Office. The EEO/ADA and TITLE IX Office and Director, EEO and Title IX/ADA Coordinator will review this policy on at least an annual basis, with the assistance of an advisory group consisting of student, faculty, staff, and may include community representatives selected by senior leadership of that office. The review will capture evolving legal requirements, evaluate the supports and resources available to the parties, and assess the effectiveness of the resolution process (including as to the fairness of the process, the time needed to complete the process, and the sanctions and remedies imposed). The review will include the opportunity for individuals affected by the policy to provide feedback and will incorporate an aggregate view of reports and resolutions. EEO/ADA and TITLE IX Office will prepare an annual report, publicly available, which will include recommendations and steps taken to improve the delivery of services and the effectiveness of the policy and procedures.
Definitions
Advisor: Any individual who provides the accuser or accused support, guidance, or advice. Any
advisor who becomes aware of any sexual misconduct will report the misconduct directly
to a Responsible Employee.
Awareness programs: Community-wide or audience-specific programming, initiative, and strategies that increase
audience knowledge and share information and resources to prevent violence, promote
safety, and reduce perpetration.
Bystander intervention: Safe and positive options that may be carried out by an individual or individuals
to prevent harm or intervene when there is a risk of sexual harassment, sexual assault,
sex offenses, domestic violence, dating violence, stalking, or an inappropriate amorous
relationship.
Bystander intervention includes:
a. Recognizing a situation of potential harm; and
b. Understanding institutional structure and cultural conditions that facilitate violence,
overcoming barriers to intervening, identifying safe and effective intervention options,
and taking actions to intervene.
Campus Security Authorities: Employees designated by the University who have significant administrative or supervisory
responsibility for student and campus activities, including but not limited to, student
housing, student discipline and campus judicial proceedings. Examples include security
personnel, resident advisors, Vice Presidents and faculty advisors. Campus Security
Authorities are also Responsible Employees.
Confidential resources: Employees designated by the University who will keep confidential information about
an individual unless expressly permitted by the individual or there is a continuing
threat of serious violence to the individual or others, or there is a legal obligation
to reveal such information. Confidential resources include campus crisis counselors.
Confidential resources are not Campus Security Authorities or Responsible Employees,
as defined herein.
Consent: Consent is an understandable exchange of affirmative words or actions, which indicate a willingness
to participate in mutually agreed upon sexual activity. Consent must be informed,
freely and actively given. It is the responsibility of the initiator to obtain clear
and affirmative responses at each stage of sexual involvement. Consent to one form
of sexual activity does not imply consent to other forms of sexual activity. The lack
of a negative response is not consent. An individual who is incapacitated by alcohol
and/or other drugs whether voluntarily or involuntarily consumed may not give consent.
Past consent of sexual activity does not imply ongoing future consent.
Consent cannot be given if any of the following are present: force, coercion or incapacitation.
1. Force is the use of physical violence and/or imposing on someone physically to gain sexual
access. Force also includes threats, intimidation (implied threats) and/or coercion
that overcome resistance.
2. Coercion is unreasonable pressure for sexual activity. Coercion is more than an effort to
persuade, entice, or attract another person to have sex. Conduct does not constitute
coercion unless it wrongfully impairs an individual’s freedom of will to choose whether
to participate in the sexual activity.
3. Incapacitation is a state where an individual cannot make rational, reasonable decisions because
of mental or physical helplessness, sleep, unconsciousness, or lack of awareness that
sexual activity is taking place. A person may be incapacitated due to the consumption
of alcohol or other drugs, or due to a temporary or permanent physical or mental health
condition. A person who is incapacitated lacks the capacity to give consent because
they cannot understand the “who, what, when, where, why, or how” of their sexual interaction.
The University offers the following guidance on consent and assessing incapacitation:
A person who wants to engage in a specific sexual activity is responsible for obtaining
consent for that activity. The lack of a negative response or protest does not constitute
consent. Lack of resistance does not constitute consent. Silence and/or passivity
also do not constitute consent. Relying solely on non-verbal communication before
or during sexual activity can lead to misunderstanding and may result in a violation
of this policy. It is important not to make assumptions about whether a potential
partner is consenting. To avoid confusion or ambiguity, participants are encouraged
to talk with one another before engaging in sexual activity. If confusion or ambiguity
arises during sexual activity, participants are encouraged to stop and clarify a mutual
willingness to continue that activity.
Consent to one form of sexual activity does not, by itself, constitute consent to
another form of sexual activity. For example, one should not presume that consent
to oral-genital contact constitutes consent to vaginal or anal penetration. Consent
to sexual activity on a prior occasion does not, by itself, constitute consent to
future sexual activity. In cases of prior relationships, the manner and nature of
prior communications between the parties and the context of the relationship may have
a bearing on the presence of consent.
Once consent has been given, it may be withdrawn at any time. An individual who seeks
to withdraw consent must communicate, through clear words or actions, a decision to
cease the sexual activity. Once consent is withdrawn, the sexual activity must cease
immediately.
In evaluating consent in cases of alleged incapacitation, the University asks two
questions: (1) Did the person initiating sexual activity know that the other party was incapacitated?
and if not,
(2) Should a sober, reasonable person in the same situation have known that the other
party was incapacitated? If the answer to either of these questions is “YES,” consent was absent and the conduct
is likely a violation of this policy.
Incapacitation is a state beyond drunkenness or intoxication. A person is not necessarily
incapacitated merely as a result of drinking or using drugs. A person could be incapacitated
for other reasons which may include: sleep, prescribed or over the counter medication,
mental or physical disability. Alcohol-related incapacity results from a level of
alcohol ingestion that is more severe than impairment, being under the influence,
drunkenness or intoxication. The impact of alcohol and other drugs varies from person
to person.
One is not expected to be a medical expert in assessing incapacitation. One must look
for the common and obvious warning signs that show that a person may be incapacitated
or approaching incapacitation. Although every individual may manifest signs of incapacitation
differently, evidence of incapacity may be detected from context clues, such as:
1. slurred or incomprehensible speech;
2. bloodshot eyes;
3. the smell of alcohol on their breath;
4. shaky equilibrium or unsteady gait;
5. vomiting;
6. incontinence;
7. combativeness or emotional volatility;
8. unusual behavior; and/or
9. unconsciousness.
Context clues are important in helping to determine incapacitation. These signs alone
do not necessarily indicate incapacitation. A person who is incapacitated may not
be able to understand some or all of the following questions: “Do you know where you are?” “Do you know how you got here?” “Do you know what is happening?” “Do you know who is here with you?”
One should be cautious before engaging in sexual contact or sexual intercourse when
either party has been drinking alcohol or using other drugs. The introduction of alcohol
or other drugs may create ambiguity for either party as to whether consent has been
sought or given. If one has doubt about either party’s level of intoxication, the
safe thing to do is to forego all sexual activity.
Being impaired by alcohol or other drugs is no defense to any violation of this policy.
Dating violence: Violence committed by a person who is or has been in a social relationship of a romantic
or intimate nature with the victim.
1. The existence of such a relationship shall be determined based on the reporting party’s
statement and with consideration of the length of the relationship, the type of relationship,
and the frequency of interaction between the persons involved in the relationship;
2. for the purposes of this definition, dating violence includes, but is not limited
to, sexual or physical abuse or the threat of such abuse; and
3. dating violence does not include acts covered under the definition of domestic violence.
Any incident meeting this definition is considered a crime for the purposes of Clery
Act reporting.
Domestic violence: A felony or misdemeanor crime of violence committed
1. by a current or former spouse or intimate partner of the victim;
2. by a person with whom the victim shares a child in common;
3. by a person who is cohabitating with, or has cohabitated with, the victim as a spouse
or intimate partner;
4. by a person similarly situated to a spouse of the victim under the domestic or family
violence laws of the jurisdiction in which the crime of violence occurred; and/or
5. by any other person against an adult or youth victim who is protected from that person’s
acts under the domestic or family violence laws of the jurisdiction in which the crime
of violence occurred.
Interim protective accommodations: Changes to a student victim’s academic or living situation where the change can be
reasonably accommodated, such as a change in student campus housing or a “No Contact
Order.” Interim protective accommodations may also be made for victims other than
students, depending on the situation.
Ongoing prevention and awareness campaigns: Programming, initiatives, and strategies that are sustained over time and focus on
increasing understanding of topics relevant to and skills for addressing sexual harassment,
sexual assault, sex offenses, domestic violence, dating violence, stalking, and inappropriate
amorous relationships using a range of strategies with audiences throughout the institution.
Power: Refers to the authority or perceived authority that an individual has by virtue of
their institutional standing as a university employee. This creates an inherently
unequal relationship. Individuals, especially students, who are in our care frequently
do not have the life experience to fully comprehend the extent of anyone who holds
a title and may therefore feel constrained to reject or report sexual misconduct.
Primary prevention programs: Programming, initiatives, and strategies informed by research or assessed for value,
effectiveness, or outcome that are intended to stop sexual harassment, sexual assault,
sex offenses, domestic violence, dating violence, stalking, and inappropriate amorous
relationships before they occur through the promotion of positive and healthy behaviors
that foster healthy, mutually respectful relationships and sexuality, encourage safe
bystander intervention, and seek to change behavior and social norms in a healthy
and safe direction.
Proceeding: All activities related to a non-criminal resolution of an institutional disciplinary
complaint, including, but not limited to, fact-finding investigations, formal or informal
meetings, and hearings. A proceeding does not include communications and meetings
between officials and victims concerning accommodations or protective measures to
be provided to a victim.
Programs to prevent sexual harassment, sexual assault, sex offenses, domestic violence,
dating violence, stalking, and inappropriate amorous relationships: Comprehensive, intentional, and integrated programming, initiatives, strategies, and
campaigns intended to end sexual harassment, sexual assault, sex offenses, domestic
violence, dating violence, stalking, and inappropriate amorous relationships that:
1. are culturally relevant, inclusive of diverse communities and identities, sustainable,
responsive to community needs, and informed by research or assessed for value, effectiveness,
or outcome; and
2. consider environmental risk and protective factors as they occur on the individual,
relationship, institutional, community, and societal levels.
Programs to prevent sexual harassment, sexual assault, sex offenses, domestic violence,
dating violence, stalking, and inappropriate amorous relationships include both primary
prevention and awareness programs directed at incoming students, new employees, and
new contractors and ongoing prevention and awareness campaigns directed at students,
employees and contractors.
Prompt, fair, and impartial proceeding: A proceeding that is completed within reasonably prompt timeframes designated by an
institution’s policy, including a process that allows for the extension of timeframes
for good cause and with written notice to the accuser and the accused of the delay
and the reason for the delay, and is conducted in a manner that:
1. Is consistent with the institution’s policies and transparent to the accuser and accused;
2. Includes timely notice of meeting at which the accuser or accused, or both, may be
present;
3. Provides timely and equal access to the accuser, the accused, and appropriate officials
to any information that will be used during informal and formal disciplinary meetings
and hearings; and
4. Is conducted by officials who do not have a conflict of interest or bias for or against
the accuser or the accused.
Reporting options (partially confidential): University officials to whom a complaint may be made. These include the Institutional
Compliance Officer, Safety Officer, the Dean of Enrollment Management and Student
Success, and others. Reporting options can maintain partial confidentiality, but must
report the complaint to the Response Team.
Response Team: A team of individuals who may consist of the Institutional Compliance Officer, the
Safety Officer, the Dean of Enrollment Management and Student Success, the Senior
Vice President and the Human Resource Officer, who will conduct an initial assessment
to determine whether the alleged conduct is a potential violation of the policy and
whether further action is warranted. The Response Team will protect and safeguard
the privacy of all individuals in a manner consistent with the need for careful assessment
and response to the report.
Responsible Employees: Employees, including all full-time faculty, designated by the University who have
administrative or supervisory responsibility for student and campus activities, including
but not limited to, student housing, student discipline and campus judicial proceedings.
Examples include security personnel, resident advisors, Vice Presidents and faculty
advisors. Responsible Employees may also be Campus Security Authorities.
Result: Any initial, interim, and final decision by any official or entity authorized to resolve
disciplinary matters with the institution. The result must include any sanctions imposed
by the institution. The result does not include any interim protective accommodations.
Retaliation: An action taken by the University Administration or supervisor which subjects a university
individual to interference, coercion or reprisal for seeking advice under this policy,
reasonably filing a complaint, or otherwise in good faith participating in the internal
complaint process or in a complaint process external to the University. The University
prohibits retaliation under this policy, the Clery Act, and Titles VII and IX.
Risk reduction: Options designed to decrease perpetration and bystander inaction, and to increase
empowerment for victims to promote safety and to help individuals and communities
address conditions that facilitate violence.
Sexual assault: An offense that meets the definition of rape, fondling, incest, or statutory rape
as used in the Federal Bureau of Investigation’s Uniform Crime Reporting (UCR) Program
and/or Guam statutes.
Sexual harassment: Sexual harassment is a specific form of prohibited harassment which occurs when an
individual’s behavior constitutes (1) unwelcome sexual advances, or (2) unwelcome
requests for sexual favors, or (3) other unwelcome verbal or physical behavior of
a sexual nature where:
1. submission to such conduct is made explicitly or implicitly a term or condition of
an individual’s education or employment; or
2. submission to, or rejection of, such conduct by an individual is used as the basis
for academic or employment decisions affecting the individual’s welfare; or
3. such conduct has the purpose or effect of unreasonably interfering with an individual’s
welfare, academic, residential life or work performance, or creates an intimidating,
hostile or offensive educational, living or work environment at the University.
Sexual harassment is conduct that includes the use of explicit or implied sexual language
that includes but is not limited to profanity, offensive language and expletives,
derogatory comments or sexually offensive speech that is used to berate, bully, discipline
or intimidate a member of the University community.
Examples of what may constitute sexual harassment are:
1. Verbal: Sexual innuendo, spreading sexual rumors, sexual jokes, sexual insults, sexual propositions.
2. Nonverbal: Leering, whistling, suggestive or insulting sounds and gestures, offensive writings,
posting sexually denigrating pictures on office walls.
3. Physical: Touching the body when unwelcome (e.g., brushing, patting, pinching, non-consensual
sexual intercourse).
Sexual misconduct: For the purpose of this policy, sexual misconduct is a broad term that encompasses sexual harassment, sexual assault, and sex offenses, and may also include domestic violence, dating violence, stalking, and inappropriate amorous relationships. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by men or women, and can occur between people of the same or different gender.
Sex offenses: Any sexual act directed against another person, without the consent of the victim,
including instances where the victim is incapable of giving consent, including instances
where the victim is incapable of giving consent because of his/her age or because
of his/her temporary or permanent mental incapacity, or a disparity in “power” within
the relationship.
1. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or
object, or oral penetration by a sex organ of another person, without the consent
of the victim.
2. Fondling: The touching of the private body parts of another person for the purpose of sexual
gratification, without the consent of the victim.
3. Incest: Sexual intercourse between persons who are related to each other within the degrees
wherein marriage is prohibited by law.
4. Statutory rape: Sexual intercourse with a person who is under the statutory age of consent.
Stalking (including cyberstalking): Engaging in a course of conduct directed at a specific person that would cause a reasonable
person to
1. Sear for the person’s safety or the safety of others; or
2. Suffer substantial emotional distress.
For the purposes of this definition:
1. Course of conduct: means two or more acts, including but not limited to acts in which the stalker directly,
indirectly, or through third parties, by any action, method, device, or means, follows,
monitors, observes, surveils, threatens, or communicates to or about a person, or
interferes with a person’s property;
2. Reasonable person: means a reasonable person under similar circumstances and with similar identities
to the victim.
3. Substantial emotional distress: means significant mental suffering or anguish that may, but does not necessarily,
require medical or other professional treatment or counseling.
4. Any incident meeting this definition is considered a crime for the purposes of Clery
Act reporting.
For the purposes of this policy, amorous relationships are defined as intimate, sexual,
and/or any other type of amorous encounter or relationship, whether casual or serious,
short-term or long-term.
All full-time and part-time faculty and staff must be aware that amorous relationships
with students are likely to lead to difficulties and have the potential to place faculty
and staff at great personal and professional risk. The power difference inherent in
the faculty–student or staff–student relationship means that any amorous relationship
between a faculty or staff member and a student is potentially exploitative or could
at any time be perceived as exploitative and should be avoided. Faculty and staff
engaged in such relationships should be sensitive to the continuous possibility that
they may unexpectedly be placed in a position of responsibility for the student’s
instruction or evaluation. In the event of a charge of sexual harassment arising from
such circumstances, the University will in general be unsympathetic to a defense based
upon consent when the facts establish that a faculty-student or staff-student power
differential existed within the relationship.
Subject to the limited exceptions herein, all members of the faculty and staff are
prohibited from pursuing or engaging in an amorous relationship with any undergraduate
student.
With respect to graduate students (including but not limited to Master’s, Doctoral,
and any other post-baccalaureate students), all faculty and staff are prohibited from
pursuing or engaging in an amorous relationship with a graduate student under that
individual’s authority. Situations of authority include, but are not limited to: teaching;
formal mentoring or advising; supervision of research and employment of a student
as a research or teaching assistant; exercising substantial responsibility for grades,
honors, or degrees; and involvement in disciplinary action related to the student.
Students and faculty/staff alike should be aware that pursuing or engaging in an amorous
relationship with any graduate student will limit the faculty or staff member’s ability
to teach, mentor, advise, direct work, employ and promote the career of the student
involved with him or her in an amorous relationship.
Like faculty and staff members, students may themselves be in a position of authority
over other students, for example, when serving as a teaching assistant in a course
or when serving as a research assistant, work study or supervising other students.
The power difference inherent in such relationships means that any amorous relationship
between that student and another student over whom she/he has authority is potentially
exploitative and must be avoided. All students currently or previously engaged in
an amorous relationship with another student are prohibited from serving in a position
of authority over that student. Students also should be sensitive to the continuous
possibility that they may unexpectedly be placed in a position of responsibility for
another student’s instruction or evaluation.
The University recognizes that an amorous relationship may exist prior to the time
a student enrolls at the University or, for amorous relationships with graduate students,
prior to the time the faculty or staff member is placed in a position of authority
over the graduate student. The current or prior existence of such an amorous relationship
must be disclosed to the EEO/ADA and Title IX Compliance Office and/or the Human Resources
Office and immediate supervisor by the employee in a position of authority immediately
if the student is an undergraduate, and prior to accepting a supervisory role of any
type over any graduate student.
All faculty and staff currently or previously engaged in an amorous relationship with
a student are prohibited from the following unless effective steps have been taken
in conjunction with the EEO/ADA and Title IX Compliance Office and/or the Human Resources
Office, the immediate supervisor and the applicable dean or vice president to eliminate
any potential conflict of interest in accordance with this policy: teaching; formal
mentoring or advising; supervising research; exercising responsibility for grades,
honors, or degrees; considering disciplinary action involving the student; or employing
the student in any capacity—including but not limited to student employment and internships,
work study, or as a research or teaching assistant.
Similarly, all graduate students currently or previously engaged in an amorous relationship
with another student are prohibited from serving in a position of authority over that
student.
If, despite these warnings, a faculty member, staff member, or graduate student becomes
involved in an amorous relationship with a student in violation of this policy, the
faculty member, staff member, or graduate student must disclose the relationship immediately
to the EEO/ADA and Title IX Compliance Office and/or the Human Resources Office and
immediate supervisor. Absent an extraordinary circumstance, no relationships in violation
of this policy will be permitted while the student is enrolled or the faculty/staff
member is employed by the University. In most cases, it will be unlikely that an acceptable
resolution to the conflict of interest will be possible, and the faculty or staff
member’s employment standing or the graduate student’s position of authority may need
to be adjusted until s/he no longer has supervisory or other authority over the student.
In addition to the amorous relationship itself, a faculty, staff or graduate student’s
failure to report the existence of an inappropriate amorous relationship with a student
is also a violation of this policy. The University encourages immediate self-reporting,
and will consider this factor in the context of any resolution that may be able to
be reached.
Amorous relationships between supervisors and their subordinate employees often adversely
affect decisions, distort judgment, and undermine workplace morale for all employees,
including those not directly engaged in the relationship. Any University employee
who participates in supervisory or administrative decisions concerning an employee
with whom s/he has or has had an amorous relationship has a conflict of interest in
those situations. These types of relationships, specifically those involving spouses
and/or individuals who reside together, also may violate the Standard of Conduct for
Public Employees of the Government of Guam as well as the University’s policy on Nepotism
and Conflicts of Interest.
Accordingly, the University prohibits all faculty, staff and administrators from pursuing
or engaging in amorous relationships with employees whom they supervise. No supervisor
shall initiate or participate in institutional decisions involving a direct benefit
or penalty (employment, retention, promotion, tenure, salary, leave of absence, etc.)
to a person with whom that individual has or has had an amorous relationship. The
individual in a position of authority can be held accountable for creating a sexually
hostile environment or failing to address a sexually hostile environment and thus
should avoid creating or failing to address a situation that adversely impacts the
working environment of others.
The University recognizes that an amorous relationship may exist prior to the time
an individual is assigned to a supervisor. Supervisory, decision-making, oversight,
evaluative or advisory relationships for someone with whom there exists or previously
has existed an amorous relationship is unacceptable unless effective steps have been
taken to eliminate any potential conflict of interest in accordance with this policy.
The current or prior existence of such a relationship must be disclosed by the employee
in a position of authority prior to accepting supervision of the subordinate employee
to the EEO/ADA and Title IX Compliance Office and/or the Human Resources Office and
immediate supervisor. Working with the EEO/ADA and Title IX Compliance Office and/or
the Human Resources Office and the immediate supervisor, the relevant managers will
determine whether the conflict of interest can be eliminated through termination of
the situation of authority. The final determination will be at the sole discretion
of the relevant dean or vice president.
If, despite these warnings, a University employee enters into an amorous relationship
with someone over whom s/he has supervisory, decision-making, oversight, evaluative,
or advisory responsibilities, that employee must disclose the existence of the relationship
immediately to the EEO/ADA and Title IX Compliance Office and/or the Human Resources
Office and immediate supervisor. In consultation with appropriate University administrators,
the relevant dean or vice president will determine whether the conflict of interest
can be eliminated. The final determination will be at the sole discretion of the relevant
dean or vice president. In most cases, it will be unlikely that an acceptable resolution
to the conflict of interest will be possible. If the conflict of interest cannot be
eliminated, the supervisor’s employment standing may need to be adjusted. In addition
to the amorous relationship itself, a supervisor’s failure to report the existence
of the relationship with a subordinate employee is also a violation of this policy.
The University encourages immediate self-reporting, and will consider this factor
in the context of any resolution that may be able to be reached.
If any faculty, staff or student violates the terms of this policy, disciplinary action
will be taken in accordance with disciplinary procedures contained in the relevant
handbooks, policies, procedures, practices, or contracts. Violations of this policy
will result in disciplinary actions which may include but are not limited to written
warnings, loss of privileges, mandatory training or counseling, probation, suspension,
demotion, exclusion, expulsion, revocation of tenure, and termination of employment.
The University is committed to the principles of free inquiry and expression. Vigorous discussion and debate are fundamental to this commitment, and this policy is not intended to restrict teaching methods or freedom of expression, nor will it be permitted to do so. Sexual misconduct is not a proper exercise of academic freedom under this policy and is not a legally protected expression. However, discussion of topics (even those which include sexuality or sexually explicit
information) that a student may find unpleasant, uncomfortable, or distressing may
not necessarily be considered sexual misconduct. Sexual misconduct compromises the University’s integrity, as well as its tradition of intellectual freedom.
1. Feedback
University staff and students may provide feedback about this document by emailing
eeo-ada@triton.uog.edu
2. The Policy/Procedures
Employees with administrative or supervisory responsibilities on campus or who have been designated as campus security authorities by the University are considered responsible employees. Campus security authorities include: members of the University Safety Office; any individual(s) who have responsibility for campus (guard, escort, etc.); individuals/departments designated as reporting options in this policy; and employees with responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings. Campus security authorities also include members of the Board of Regents, the President, Vice Presidents, Deans, Directors, Associate Directors, Division Chairs, Student Affairs professionals (including Resident Advisors), and faculty who serve as advisors to student groups. Confidential resources are not considered to be responsible employees.
Responsible employees will safeguard an individual’s privacy, but are required by the University to immediately share all details about a report of sexual misconduct (including the known details of the incident (e.g., date, time, location), the names of the parties involved, a brief description of the incident and if the incident has been previously reported) with the EEO/ADA and Title IX Office, the Institutional Compliance Officer, or a member of the response team. Such reporting ensures timely support for all parties and enables an effective and consistent institutional response.
All other employees (who are not designated as confidential resources) will safeguard an individual’s privacy, but are strongly encouraged to share any information about such conduct with the EEO/ADA and Title IX Office, or a member of the response team, in recognition of the understanding that centralized reporting is an important tool to address, end and prevent sexual misconduct.
All students (who are not otherwise required to report as Responsible Employees) are strongly encouraged to report any information, including reports or partial reports, to the EEO/ADA and Title IX Office, the Institutional Compliance Officer, or a member of the response team.
Confidential Resources will not share information about an individual (including whether that individual has received services) without the individual’s express written permission, unless there is a continuing threat of serious violence to the patient/client or to others or there is a legal obligation to reveal such information (e.g., suspected abuse or neglect of a minor).
Complaints of sexual misconduct against students may be filed with the Student Discipline
and Appeals Committee (SDAC) and/or with the EEO/ADA and Title IX Office.
If the complaint against a student is filed with the SDAC Committee, the Student Handbook
procedures apply, which can be accessed at http://www.uog.edu/sites/default/files/uog-student-handbook-sept2015.pdf. or the Enrollment Management and Student Success Center. Further, this Sexual Misconduct
Policy, Disciplinary Procedures, Section XI, Subsection A applies.
If the complaint against a student is filed with the EEO/ADA and Title IX Office,
the policy for Equal Employment Opportunity and Non-Discrimination/Non-Harassment,
pgs. 3–6 apply. A copy of this policy can be obtained at the EEO/ADA and Title IX
Office or accessed on-line at http://www.uog.edu/administration/office-of-the-president/eeoadatitle-ix-office. Further, this Sexual Misconduct Policy, Disciplinary Procedures, Section XI, Subsection
A applies.
Complaints of sexual misconduct against faculty may be processed in accordance with
the Negotiated Agreement by and between the Board of Regents of the University of
Guam and the UOG Faculty Union, American Federation of Teachers, Local 6282 (BOR–Union
Agreement), and/or with the EEO/ADA and Title IX Office.
If the complaint against faculty is processed in accordance with the BOR–Union Agreement,
Article X, Disciplinary Action Including Adverse Action procedures apply, which can
be accessed on-line at http://www.uog.edu/administration/administration-finance/human-resources/information. Further, this Sexual Misconduct Policy, Disciplinary Procedures, Section XI, Subsection
B applies.
If the complaint against faculty is filed with the EEO/ADA and Title IX Office, the
policy for Equal Employment Opportunity and Non-Discrimination/Non-Harassment, pgs.
3–6 apply. A copy of this policy can be obtained at the EEO/ADA and Title IX Office
or accessed on-line at http://www.uog.edu/administration/office-of-the-president/eeoadatitle-ix-office. Further, this Sexual Misconduct Policy, Disciplinary Procedures, Section XI, Subsection
B applies.
Complaints of sexual misconduct against a classified employee may proceed in accordance
with the University Policy Manual for Classified Employees and/or with the EEO/ADA
and Title IX Office.
If the complaint against a classified employee is filed in accordance with the PRandR,
Chapter 11, Adverse Action Procedures apply. This policy can be accessed on-line at
http://www.uog.edu/sites/default/files/interim%20personnel%20rules%20and%20regulations%20for%20classified%20service%20employees.pdf. Further, this Sexual Misconduct Policy, Disciplinary Procedures, Section XI, Subsection
C applies.
If the complaint against a classified employee is filed with the EEO/ADA and Title
IX Office, the policy for Equal Employment Opportunity and Non-Discrimination/Non-Harassment,
pgs. 3–6 apply. A copy of this policy can be obtained at the EEO/ADA and Title IX
Office or accessed on-line at http://www.uog.edu/administration/office-of-the-president/eeoadatitle-ix-office. Further, this Sexual Misconduct Policy, Disciplinary Procedures, Section XI, Subsection
C applies.
Complaints of sexual misconduct against members of the University Community, including
but not limited to faculty, students, student-employees, staff, administrators and
applicants for such positions may be filed with the EEO/ADA and Title IX Office. The
policy for Equal Employment Opportunity and Non-Discrimination/Non-Harassment, pgs.
3–6 applies. A copy of this policy can be obtained at the EEO/ADA and Title IX Office
or accessed on-line at http://www.uog.edu/administration/office-of-the-president/eeoadatitle-ix-office. Further, this Sexual Misconduct Policy, Disciplinary Procedures, Section XI, Subsection
D applies.
Complaints of sexual misconduct against visitors, contractors and others may be filed
with the EEO/ADA and Title IX Office. The policy for Equal Employment Opportunity
and Non-Discrimination/Non-Harassment, pgs. 3–6 applies. A copy of this policy can
be obtained at the EEO/ADA and Title IX Office or accessed on-line at http://www.uog.edu/administration/office-of-the-president/eeoadatitle-ix-office. Further, this Sexual Misconduct Policy, Disciplinary Procedures, Section XI, Subsection
E applies.
The University prohibits any member of the University community from knowingly making
false complaints of sexual misconduct or knowingly misrepresenting the filing of such
complaints. Knowingly making false complaints or knowingly misrepresenting the filing
of complaints constitutes a violation of the University’s policies and will result
in disciplinary action, with possible sanctions ranging from a letter of reprimand to dismissal. However, a complaint or representation made in good faith is not considered false
merely because the evidence does not ultimately support the allegation of misconduct.
Appendix / Appendices
EEO Charge Form
This policy establishes that the University of Guam has, maintained a work study program
as established by the Federal Work-Study Student Program and the advantages of student
employees. Work studies and student employees can acquire experience and capacities
from their work. In help of that thought the school attempts to give openings for
work through units that require different levels of obligation, experience, and mastery.
To set policy for the employment of student employees which also includes the Federal
Work-Study Student Program. Refer to the University’s Financial Aid Manual and Human
Resources Office and Equal Employment Opportunity Manual for supplemental information.
Student employment is a form of financial support while students pursue their education.
Hiring student employees can benefit both the University and students. From a manager’s
perspective, hiring a student comes with many advantages, including:
· A cost-effective workforce, which includes access to work-study funding
· A willingness of student employees to perform a wide variety of tasks, which can free
full-time staff for other duties
· Flexibility: Student employees can vary the hours they work each week, handle seasonal
workloads, and work non-routine hours
· The ability of student staff to understand the needs and viewpoints of other students,
helping student customers feel more comfortable, and letting the full-time staff know
about issues from the student point of view
· Bringing energy, enthusiasm, and the ability to offer new ideas and perspectives to
the workplace
Students are a core part of our mission at the University. Campus employment offers
exceptional advantages for them as well, such as:
· Income to support the costs of education
· Invaluable workplace skills, habits, and references
· The convenience of working without leaving campus
· Consideration for jobs that are 39 hours per week or less
Student workers are a valued employee group. They need:
Student employees are valuable to units because of their flexibility to do a variety
of tasks and work a variety of hours. However, supervisors should be aware that student
schedules may change each semester, and they may need time off during exam and break
times. Talking with students about their work hours and job expectations is important
to their success.
Student employees may come to the job with excellent computer or technical skills,
but they may not have experience in formal work settings. Supervisors should help
shape positive workplace behaviors by spending time emphasizing basic workplace habits
such as arriving on time, arranging for time off, and following unit and department
work rules.
University supervisors overwhelmingly agree that student employees are a valuable
part of the University workplace.
Some students may not be eligible to work before or after certain dates because of
their registration status. See the chart titled Student Employment Begin and End Dates.
· If a student is not enrolled with the minimum number of credits in the previous term,
but they do have credits now, the chart shows the first date they can work in the
Employment Begin Date column.
· If a student is not enrolled with the minimum number of credits for the upcoming term,
the charts shows the date employment must end in the Termination Date column.
· Students who worked on campus during spring semester and intend to register for fall
semester do not need to register for summer.
Many student jobs on campus pay more than the $8.25 an hour minimum wage.
The minimum hourly rate is $8.25 an hour, but many student jobs have pay rates above minimum wage. Pay grades and
rates consider the nature of the job duties, educational requirements and in some
instances, the hiring manager may consider the student’s experience, progress toward
degree (if applicable), quality of the student’s performance, academic excellence,
or other factors.
Student work schedules are often determined at the start of each semester. We encourage
hiring managers to be flexible in arranging work schedules each term. Once agreement
is reached for the student’s hours of work, we encourage hiring managers to hold the
student accountable for the agreed upon hours. If a student is working a longer shift,
consider allowing the student to take a defined break and/or meal period.
Keep in mind that student employees may request time off during finals week and breaks
between semesters. Most hiring managers agree that allowing students’ flexibility
during these times increases the student’s engagement and commitment to the job. Many
students also prefer to work more hours during these times. If your unit has a special
project or could use more help, we encourage you to discuss these opportunities with
your student employee.
Students must complete their online time sheets each week of a given pay period. For
work-study, you may need the timesheet provided by the Financial Aid Office. Timesheets
are official documentation of one’s work hours and thus, should be truthful and accurate.
Time sheets must be approved by the unit timekeeper and supervisor each pay period.
Because many college students may not have experience in a professional work environment,
and because school is their first priority, it is very important to provide detailed
orientation and training, both in their job duties and in soft skills, such as expected
work habits, behavior, and work relationships. Here are a few tips on setting clear
expectations and making students feel welcome and part of the team.
t’s important to provide a welcoming atmosphere to students—not just in their first
few days but throughout their employment. Be sure to:
· Prepare their work area before they start with supplies, equipment, a place to store
personal belongings, and copies of handbooks or manuals they will need.
· Introduce them to other staff members, especially other students.
· Familiarize them with the physical workplace.
· Provide an overview of the mission of the University, your unit, and their position.
· Treat them like a regular staff member and include them, whenever possible, in staff
discussions, meetings, and decision making.
Spend some time letting students know what your office standards are for productivity,
dress code, personal use of office equipment, attendance, and personal phone calls
and texts during work. Let them know that, unlike their college work, they will be
part of a team, will have to respond to supervision, and may be getting less feedback
than they’re used to. Ask your regular staff to make sure the student feels included
on the office team.
Carefully review the job description so students understand their key job duties.
Then:
· Use your best employees to train new employees, including students who have done the
job before and subject-matter experts.
· Develop a training checklist and schedule to make sure they have knowledge and skills
to do the job.
· Let students know they’re expected to ask lots of questions about information that
isn’t clear.
· Use the Tell, Show, Do, Review approach to training procedures or tasks:
· Tell them what they will be doing and why.
· Show them how to do it.
· Have them do the work under supervision.
· Have them review the task with their supervisor to show they can do it.
· Check and monitor training progress frequently and give feedback.
We encourage hiring managers to hold student employees accountable for the work they
perform just as they would with other employees. Hiring managers should communicate
expectations and provide students with feedback on their performance. Given a student’s
need to have flexibility and focus on their education, some work arrangements may
not always work. Hiring managers can end a student appointment at any time. Typical
reasons for ending an appointment include:
· Just cause
· The student is no longer eligible to hold a student employee position (i.e., dropped
below credit requirements).
· The student is consistently late or does not show up for the agreed-upon schedule.
· The position is eliminated as a result of shortage of work or funds, or for other
reasons beyond the student’s control.
Supervisors may not take disciplinary action against a student employee who, in good
faith, reports a violation of any federal or state law or regulation to a governmental
body or law enforcement official. Disciplinary action may not be taken against a student
employee who is requested by a public agency to participate in an investigation, hearing,
or inquiry, as well as a student employee who refuses to participate in any activity
that the employee, in good faith, believes violates any federal or state law.
The University is committed to providing a safe and healthful working environment
for employees. Employees are responsible for using any provided safety equipment and
procedures in their daily work and must cooperate in all safety and accident prevention
programs. Units will abide by all relevant required local, state, and federal safety
and health standards.
This section establishes the fundamental character of the system of HR administration
governed by these rules and regulations, consistent with local and federal employment
law, HR principles, and the principles of equal employment opportunity.
A. This Human Resources Rules and Regulations for Short Term and Student Positions details
processes applicable to employees who occupy a position that is grant or externally
funded and employed by the University of Guam, hereinafter referred to as “UOG.”
These positions are separate and apart from classified positions of the government
of Guam and Academic Positions of the University of Guam. The positions are characterized
by most of the following: part-time, seasonal, less than one year in term, funded
by other than locally appropriated funds, and filled by students of the University.
Samples of positions to be filled are: coaches , assistant coaches, summer camp counselors,
student hires at the bookstore, student hires at the library, student hires within
the field of their major, monitors for fieldhouse events, ticket sellers for fieldhouse
events, concession workers for fieldhouse events, and timekeepers, scorekeepers, referees,
etc. These positions are unique to University operations and are generally characterized
by low skill levels required for the job.
The following HR system principles shall guide HR administration:
A. Employees are recruited, selected, and promoted on the basis of knowledge, skills,
and abilities and experience;
B. Employees are compensated through a uniform and thus, equitable compensation policy
and system (the UGPP pay scale);
C. Employees are trained and retrained for performance improvement;
D. Grievances and conflicts are resolved in a fair, expedient, and responsive manner.
(these should be explicitly and clearly stipulated and communicated)
The source of funding for Externally Funded positions will be auxiliary funds or funds
generated from fees.
Student Employment -- THIS SECTION MAY BE OUT OF PLACE or need to be combined with above
It is the policy of UOG to provide opportunities for students to gain skills and abilities
while helping to carry out programs of the University using streamlined hiring processes.
These pay administration rules are subject to the UOG leadership policies and procedures.
Short Term/Student Positions fall within two categories: Hourly Hires and Fee or Stipend
Hires
A. Hourly Hires – these positions are for cashiers, ticket takers, concession workers,
bookstore workers, library workers, etc. This may also include students who are working
within their field at the University, i.e., a computer science major working at the
computer center or a pre-engineering major working at Facilities. This may also include
a research assistant on a grant.
B. Fee or Stipend Positions – these positions are coaching and assisting coach positions,
camp counselors, scorekeepers, timekeepers, referees, etc. The coach will be paid
a set fee for the season and paid on a monthly basis.
Initial appointments for most hourly hire positions will be in accordance with a compensation
table for this classification of positions maintained by the Human Resources Office.
Most initial appointments should be at Step 1 for the position. Exceptions will be
when the student has experience in the area or if the student is performing duties
within the area of his or her degree. In instances where the student has experience,
the unit Director may increase the wage by one or more steps within the assigned pay
grade. In no instance will be person be provided more than five increments. In instances
where the student is operating within the area of his degree, the compensation shall
be set by the Human Resources Office. All positions will be evaluated for an assigned
pay grade by the Human Resource Office; this ensures pay equity and consistency throughout
the student hire system.
· Initial appointments for Fee positions will be in accordance with Appendix A. This Appendix will be updated periodically by the Athletic Director with the concurrence
of the Vice President Administration and Finance.
· Initial appointments for Stipend Positions (coaches and assistant coaches) will be
negotiated by the Athletic Director with the concurrence of his supervisor.
In general, there will be no pay actions for Short Term/Student positions. If an
Hourly Hire person reapplies for a position held in a prior Academic Year, the Unit
Director may take that experience into consideration when setting the pay rate for
the new Academic Year. Hourly pay rates will be guided by a compensation table for
this classification maintained by the Human Resources Office.
Fee schedules will be periodically updated by the Athletic Director with concurrence
from the Vice President Administration and Finance. Coaching stipends may be negotiated
by the Athletic Director but cannot be increased more than 10% over the initial stipend
level.
There are no benefits associated with the Short Term/Student positions other than
legally required benefits.
The Unit Director desiring to hire a Short Term/Student position will post a notice
in a high traffic area in their operating space indicating an intent to hire the desired
positions. The notices must follow a format pre-approved by the Human Resources Office.
The Unit Director will have applications available for interested parties to complete
utilizing the Short Term/Student hire template. The notice must be posted at least
two weeks prior to date of intent to hire. For Hourly Hire positions the Unit Director
will establish a team of three UOG employees to review the applications and determine
the order of the students. Not less than three of the top applicants will be called
in for an interview. The Unit Director will determine the most qualified and will
prepare a selection memo to the Human Resource Office notifying of the person(s) selected
for the position(s).
· For Fee and Stipend positions the Athletic Director will post announcements in an
area of high traffic in the Fieldhouse. The announcements will be posted for a minimum
of two (2) weeks.
· For all positions, the notice of intent to hire will be provided to the Human Resources
Office for review and concurrence prior to posting on the job announcement on the
UOG web site or unit bulletin boards.
· When a selection is made, the Human Resources Office will coordinate applicable clearances,
sexual misconduct training, drug testing and other appropriate processes required
for employment at the University.
Hourly hire positions will begin no earlier than August of an Academic Year and will
terminate no later than May of the Academic Year.
· Summer positions will be hired for the term of the specific program.
· Fee or Stipend positions will be hired by the game or by the season.
At the completion of the Academic Year or season the employment will terminate. A
new hiring process will need to be started for the next Academic Year or season.
For coaching positions, contracts may be signed on a season by season basis with a
provision that a contract can be extended one year at a time not to exceed five seasons
of service. After five (5) consecutive seasons of service, the Athletic Director
must solicit interest in the community of potential coaches for the next season.
It is anticipated that the vast majority of the Hourly Hire positions will be filled
by students of the University. Notwithstanding this and the use of the word “student”
throughout these rules, the University recognizes that some of these positions, especially
in the summer, may need to be filled by non-students from time to time.
Pursuant to Board of Regents Resolution No. 13-24, the University of Guam (UOG) has
a total ban on the sales, smoking and the distribution and use of tobacco and tobacco-based
products on the UOG Campus, and properties.
The purpose of this policy is to protect the public health and welfare by prohibiting
smoking and the use of tobacco products or simulated smoking devices, including but
not limited to E-cigarettes, on the UOG campus and properties; to guarantee the right
of nonsmokers to breathe smoke-free air, while recognizing that the need to breathe
smoke-free air shall have priority over the desire to smoke; and to encourage a healthier,
more productive living/learning environment for all members of our University community.
A. "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, or pipe, including a hookah pipe, or any other lighted or heated tobacco
or plant product, including but not limited to marijuana, intended for inhalation, in any manner or in any form. "Smoking" also includes the use of an e-cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of
circumventing the prohibition of smoking in this Policy.
B. "Tobacco Product" means any substance containing tobacco leaf, including but not limited to,
cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, blunts, clove cigarettes, or any other preparation
of tobacco; and any product or formulation of matter containing biologically active
amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or
matter will be introduced into the human body by inhalation or digestion; but does not include any cessation product specifically approved by the U.S. Food and Drug Administration for use in treating nicotine or tobacco dependence.
C. "E-cigarette" means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking.
The term shall include any such device, whether manufactured, distributed, marketed, or sold as an
e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.
This Tobacco-Free Policy applies to all UOG facilities and vehicles, owned or leased, regardless of location. Smoking and the use of tobacco products or e-cigarettes
shall not be permitted in any enclosed place, including privately owned vehicles,
residential areas/dormitories, and businesses within University of Guam campus and properties. Smoking
and the use of tobacco products or e-cigarettes shall also be prohibited outdoors
on all UOG properties, including the campus and parking lots. This policy applies to all students, UOG employees, and other persons on campus and on UOG properties, regardless of the purpose for their visit.
Copies of this policy shall be distributed to all University employees and shall be included with information given to all admitted students. Announcements shall also be printed in campus newspapers to ensure that everyone understands the policy.
All contracts with activities or services on campus or University properties shall also reflect this policy in writing with intent to actively announce and enforce compliance. Signs prohibiting smoking and the use of tobacco products shall be posted at points of entry to the University of Guam campus and at all University of Guam building entrances. No ashtrays shall be provided at any location on University properties. No tobacco products or paraphernalia shall be sold or distributed as samples on university grounds, either in vending machines or any area on campus or on University properties.
The success of this policy will depend on the thoughtfulness, consideration, and cooperation of smokers and nonsmokers. All students and University employees share in the responsibility for adhering to this policy. Violations of this policy will be addressed in accordance
with UOG disciplinary procedures and other enforcement action as permitted by UOG policy.
Tobacco cessation programs and other resources to assist and encourage individuals who wish to quit using tobacco products will be made available by UOG. Questions regarding this policy and its enforcement should be handled through existing departmental administrative channels and administrative procedures.
Tobacco-related advertising or sponsorship shall not be permitted on UOG properties at UOG sponsored events, or in publications produced by the University of Guam, with the exception of advertising in a newspaper or magazine that is not produced by the UOG and which is lawfully sold, bought, or distributed on UOG properties. For the purposes of this policy "tobacco related" applies to the use of a tobacco brand or corporate name, trademark, logo, symbol, or motto, selling message, recognizable pattern or colors, or any other indicia of product identical to or similar to, or identifiable with, those used for any brand of tobacco products or company which manufactures tobacco products.
Individuals and/or businesses convicted of violating Guam law regarding prohibitions of smoking are subject to significant fines and penalties, in accordance with 10 GCA Ch. 90 “Natasha Protection Act of 2005” or other related mandates.
[BOR Resolution No. 13-24]
[Title 10 GCA, Chapter 90]
These procedures set forth a simple, orderly method through which an unfair labor
practice finding may be appealed.
1. Appeal means a request by a Complainant for reconsideration of an unfair labor practice
charge (ULPC) finding by the Board of Regents (BOR).
2. Complainant means an individual or entity who files an Unfair Labor Practice Compliant (ULPC).
3. Respondent means an individual or entity against whom a ULPC is filed.
4. “Day” shall mean calendar day.
5. Adjudication Committee means the constituted ad hoc body to hear and adjudicate the appeal of a ULPC finding.
The Adjudication Committee (“Committee”) shall consist of three (3) members, all of
whom shall be selected from among all Administrators and tenured Faculty of the University.
One (1) member shall be selected by the Complainant and one (1) member shall selected
by the Respondent. Those two (2) members will select the third member who shall be
the Chair. Members cannot be selected if they have a family relationship, as defined
in the RR&PM, to either the Complainant or the Respondent. Neither the Complainant
nor the Respondent shall serve as a member of the Committee.
1. Right to Appeal or Terminate Appeal
a. Any University employee who files an Unfair Labor Practice Compliant (ULPC) is entitled
to appeal a UPLC finding.
b. The appeal of a ULPC finding may be terminated at any time by the Complainant before
the Committee’s final decision and the request for termination shall be honored.
2. Process of Appeal
a. An appeal shall be in writing stating the Complainant’s desire for adjudication and
it shall be filed with the President within seven (7) days of the date of the ULPC
Findings.
b. Within seven (7) days of the President’s receipt of the written appeal, the Complainant
will select one (1) member of the Committee and the Respondent will select one (1)
member of the Committee.
c. Within seven (7) days of their selection/appointment, the two (2) members will select
the third member.
d. Within seven (7) days of the selection of the third member, the Committee shall determine
a time and place for the hearing and shall notify, in writing, both parties. The
hearing must take place no earlier than fourteen (14) days after the Committee notifies
both parties, unless otherwise agreed to in writing.
e. The Committee shall conduct the hearing and issue a written decision to both parties
within thirty (30) days of the date of the hearing. In the event the thirtieth day
falls on a holiday or a weekend, the next working day shall be considered the thirtieth
day.
3. Basis of Appeal and Rebuttal
a. Within twenty-one (21) days of filing the appeal, the Complainant shall submit to
the Committee a written statement that sets forth clearly the basis of the appeal,
stating all relevant facts pertaining to the issues raised in the appeal and specifying
the statutes, rules and regulations, if any, upon which the Complainant relies.
The Committee shall not consider any new alleged violations or charges other than
those presented in the ULPC.
Absent extraordinary circumstances, if the written statement is not submitted on or
before the expiration of the twenty-one (21) day period, the Complainant shall forfeit
appeal rights, and the ULPC findings shall be implemented.
b. The Committee shall immediately provide the Respondent with a copy of the Complainant’s
written statement.
c. The Respondent shall within fourteen (14) days after receipt of the Complainant’s
written statement, forward to the Adjudication Committee the Respondent’s statement
of defense. The Respondent’s statement of defense shall contain objections to any
or all issues raised by the appeal, objections to the form of the appeal, the Respondent’s
view of the facts, a rebuttal to any matter raised in the appeal, a description of
testimonial and/or documentary evidence upon which the Respondent will rely in its
defense of the appeal.
A statement of defense shall be deemed a specific denial of all aspects of the appeal
not expressly admitted. All objections as to the form of the appeal shall be deemed
waived, unless objected to as provided herein.
Absent extraordinary circumstances, if a statement of defense is not submitted on
or before the expiration of the fourteen (14) day period, the Respondent shall forfeit
defense rights, and the ULPC findings shall be revoked.
d. The Committee shall immediately provide the Complainant with a copy of the Respondent’s
statement of defense.
4. Presentation of Appeal
In presenting an appeal, a Complainant shall be assured freedom from restraint, interference,
coercion, discrimination, or reprisal and shall have the right to be accompanied,
represented, and advised by a representative of his or her own choosing.
If the Complainant designates a representative, the representative shall be assured
freedom from restraint, interference, coercion, discrimination, or reprisal.
A. Hearing Procedures before the Adjudication Committee
1. The Adjudication Committee shall keep minutes of its procedures and maintain records
of the hearing. The record of hearing shall contain a summary of all testimony presented
and copies of all documents submitted to the Committee.
2. Each party shall have the following rights: the right to counsel; to call and examine
witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter
relevant to the issues even though the matter may not have been covered in the direct
examination; to impeach any witness and to rebut the evidence against him or her.
It shall be the right of the Complainant to decide if the hearing shall be open or
closed to the public.
3. The Complainant shall first present his or her case by calling witnesses and offering
evidence. The Respondent shall then present its defense and any rebuttal to the Complainant’s
case. The Complainant may then rebut the Respondent’s defense. Summation by each side
then follows in the same order.
The hearing need not be conducted according to technical rules of evidence. Any relevant
evidence shall be admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs, regardless of the existence
of any common law or statutory rule of evidence. Irrelevant and unduly repetitious
evidence shall be excluded.
4. The decision of the Adjudication Committee shall be final and binding upon the parties.
There shall be no further appeal at the University level from the Committee’s decision
by either party, if such decision is within the scope of the Committee’s authority
as described below:
a. The final written decision of the Committee shall be limited to addressing the violation(s)
listed in the ULPC, and, with a supporting rationale, (a) granting the full relief
requested, or (b) granting partial relief, or (c) denying the relief requested, or
(d) granting an alternative relief that addresses the violation(s).
b. The Committee’s decision must be consistent with University policy, local and federal
law. It shall not have the power to add to, subtract from, disregard, alter, or modify
any University policy, local and federal law.
5. Within ten (10) business days of receipt of the Committee’s decision, if either party
produces evidence that the Committee did not adhere to (2) or (3) above, or new evidence
is now available that could have a substantial impact on the ULPC, then either party
may request, in writing, a reconsideration by the Committee. The Committee shall
issue a decision within ten (10) business days of receiving the request for reconsideration.
There shall be no further appeal at the University level.
The President shall ensure that all the terms of the decision are implemented, and
the Faculty Union shall monitor implementation of the decision.
Nothing in this Policy abrogates either parties’ right to pursue outside third party
arbitration or judicial remedies for resolving the complaint after the Appeal Procedure
is completed.
A full-time employee may be allowed a fifteen (15) minute break period in the first half and second half of the workday provided further that:
A. No single work break shall exceed fifteen (15) minutes absence from the employee's
workstation.
B. An employee may not accumulate unused work breaks.
C. Work break time shall not be authorized for covering an employee's late arrival on
duty or early departure from duty.
(Classified Employees Section, Chapter 7, Rule 7.000)
The meal periods shall apply as follows pursuant to Title 22 GCA, Division 1, Chapter3,
Article 1, Section 3107(c):
B. When a workday of not more than six (6) hours will complete the day's work, the meal
period may be waived by mutual consent of the employee and the University.
C. Meal period shall not be considered “on duty” or counted as time worked, unless the
nature of work prevents an employee from being relieved of duty.
A. The schedule of workweek for shift workers will be prepared and prominently posted
two (2) weeks where possible up to one (1) week in advance, so that the employees
affected will be informed. Such schedules shall not be less than two (2) weeks and shall not be changed, except
for good cause and provided affected employees are given at least twenty-four (24)
hours prior notice. Whenever possible, work schedules should permit an employee to
enjoy a holiday on the day it is observed.
B. The President may delegate the Unit Heads and Division Managers to permit flexible
work schedules as may be appropriate.
A. To ensure that the employee's work is performed in a safe manner, the following maximum
hours of work will be observed:
1. An employee shall not be allowed to work more than sixteen (16) hours consecutively,
or in one 24-hour day.
2. An employee shall not be authorized to work more than eighty-four (84) hours total
within a single seven-day period.
3. An employee shall not be required to work more than twenty-eight (28) hours within
a time span of two days.
B. Exceptions to the above may be made only:
1. If the employee volunteers his/her services and has the approval of the President;
or
2. In cases where excessive hours of work are necessary because of weather conditions,
necessary seasonal activities or emergencies.
Should such an occasion for Item 1 arise, written documentation must be submitted
to the President within forty-eight (48) hours of such occurrence.
Employees shall be paid not less than the established minimum wage for Guam. (Title
22 GCA, Division 1, Chapter 3, Article 1, Section 3105)
As a general rule, hours worked will include:
A. All time during which an employee is required to be on the University's premises or
at a prescribed workplace.
B. All time during which an employee is permitted to work, whether or not required to
do so. The determination of an employee's working hours will include, in the ordinary
case, all hours from the beginning of the workday to the end of the workday, with
the exception of periods when the employee is relieved of all duties for the purpose
of eating meals.
Classified Employees Section, Chapter 7, Rule 7.200).
A. Upon the occurrence of overtime work, covered classified employees shall be entitled
to receive overtime compensation calculated at the rate of 1 and ½ times the regular
rate of pay for each hour or portion of the hour of overtime worked.
B. In determining the number of hours worked by an employee within a given workweek or
work period, time spent off on annual, administrative, sick, compensatory time-off,
other leave (with or without pay), or holidays will not be counted as time worked.
Such time off with pay shall be included in the straight time pay, but it is not included
in computing whether a covered employee has worked in excess of forty (40) straight
time hours in a workweek.
C. Any fraction of an hour of overtime worked shall be converted to the nearest fifteen
(15) minutes.
D. Exempt employees, which are not affected by the overtime rule include those classes
of positions that are in the executive, administrative, an employee with a primary
duty of teaching, tutoring, instructing or lecturing in the activity of imparting
knowledge and who is employed in this activity as a teacher in an educational establishment
and professional categories, in accordance with the Fair Labor Standards Act.
E. Non-exempt employees, those classes of positions that are supervisory (not in any
category under rule D. stated above), staff level (full time).
Work performed between the hours of 6:00 p.m. to 6:00 a.m. shall be compensated as
follows:
Any employee (with the exception of Exempt Employees) who works between the hours
of 6:00 p.m. to 6:00 a .m. shall be entitled to night differential pay, calculated
at the rate or their regular wage plus 10% for all periods worked between the· hours
of 6:00 p.m. and 6:00 a.m., except as otherwise provided by statute.
· New Year’s Day;
· Martin Luther King, Jr. Day, the third Monday in January;
· Guam History and Chamorro Heritage Day, the first Monday in March;
· Memorial Day, the last Monday in May;
· Independence Day, July 4th;
· Liberation Day, July 21st;
· Labor Day, the first Monday in September;
· All Souls’ Day, November 2;
· Veterans’ Day, November 11;
· Thanksgiving, the fourth Thursday in November;
· Our Lady of Camarin Day, December 8; and
· Christmas, December 25th.
Whenever a holiday falls on a Saturday or Sunday, the government of Guam shall follow
the Federal government’s practice for that holiday.
In addition to the holidays specified, I Maga’lahen/Maga’hagan Guåhan may declare
by Executive Order additional non-permanent holidays for special purposes. No holiday
declared by Executive Order shall be continued beyond the year in which the Executive
Order is issued. [Title 1 GCA, Chapter 10, Section 1000]
B. The basic workweek is forty (40) hours. Alternatively, a workweek is a regular recurring
period of 168 consecutive hours seven consecutive 24-hour periods. The workweek need
not coincide with the calendar week. It may begin any day of the week and any hour
of the day, but it must in each case, be established in advance. The workweek may
be changed, but only if the change is intended to be permanent and is not made to
evade overtime requirements or policies.
C. An employee's workweek may be in accordance with office hours, with designated shifts,
or with such flexible or variable hours program as are implemented by the University
provided that the University shall not operate less than a forty (40) hour workweek,
except as provided by law.
A. No employee shall solicit, accept, or receive, directly or indirectly, any gift
valued singly or in the aggregate from a single source in excess of $200, whether
in the form of money, prize, service, loan, travel, entertainment, hospitality, thing
or promise, or in any other form, when a reasonable person would infer that the gift
is intended to influence the employee in the performance of that individual’s official
duties or is intended as a reward for any official action on that individual’s part.
[Title 4 Guam Code Annotated, Chapter 15, Section 15201]
B. Reporting of Gifts.
1. Every employee shall file a gifts disclosure statement with the Guam Ethics Commission
on June 30 of each year if all the following conditions are met:
a. The employee, or spouse or dependent child of an employee, received directly or indirectly
from any source any gift or gifts valued singly or in the aggregate from a single
source in excess of $200, whether the gift is in the form of money, services, goods,
or in any other form;
b. The source of the gift or gifts have interests that may be affected by the official
action or lack of action by the employee; and
c. The gift is not exempted by subsection (d) from reporting requirements under this
section.
2. The report shall cover the period from January 1 of the preceding calendar year through
December 31 of the year of the report.
3. The gifts disclosure statement shall contain the following information:
a. A description of the gift;
b. A good faith estimate of the value of the gift;
c. The date the gift was received; and
d. The name of the person, business entity, or organization from whom, or on behalf of
whom, the gift was received.
4. Excluded from the reporting requirements of this section are the following:
a. Gifts received by will or intestate succession;
b. Gifts received by way of distribution of any inter vivos or testamentary trust established by a spouse or ancestor;
c. Gifts from a spouse, fiancé, fiancée, any relative within three degrees of consanguinity
or the spouse, fiancé, or fiancée of such a relative. A gift from any such person
is a reportable gift if the person is acting as an agent or intermediary for any person
not covered by this paragraph;
d. Political campaign contributions that comply with territorial law. This section shall
not exempt the recipient of campaign contributions from the reporting requirements
of the Election Code.
e. Anything available to or distributed to the public generally without regard to the
official status of the recipient;
f. Gifts that within thirty days after receipt, are returned to the giver or delivered
to a public body or to a bona fide educational or charitable organization without
the donation being claimed as a charitable contribution for tax purposes; and
g. Exchange of approximately equal value on holidays, birthday, or special occasions.
5. Failure of an employee to file a gifts disclosure statement as required by this section
shall be a violation of this chapter. [Title 4 Guam Code Annotated, Chapter 15, Section
15202]
1. University employees are prohibited from soliciting and accepting personal gifts and/or
donations or contributions for any political purposes while on University premises
or at University functions.
a. Should a University employee receive personal gifts and/or donations for any political
purposes while on University premises or University functions, the employee is responsible
for reporting accepted gifts by filing a gifts disclosure statement with the Guam
Ethics Commission.
1. Acceptance of gifts or property given with the intent to bribe an employee or otherwise
adversely affect the proper, unbiased performance of his official duties or to exploit
an employee’s positions are prohibited. The acceptance of such gifts may subject
the employee to adverse disciplinary action and/or possible criminal actions. [Board
Resolution 81-11]
a. Adverse disciplinary action shall include the following: first offense, informal verbal
warning from the direct supervisor and/or unit head; repeated offense(s), formal verbal
written warning and counselling from the direct supervisor and/or unit head.